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HomeMy WebLinkAbout010918 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 9, 2018 — 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 RM. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 PM - The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. Conference with Legal Counsel — Potential Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Based on existing facts and circumstances, the City Council will decide whether to initiate litigation. 2. Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential lease of real property owned by the City of Temecula, located at the northeast corner of Temecula Parkway and La Paz Road in the City of Temecula (APN No. 922-190-035). The parties to the negotiations for the potential lease of the property are: Neal Wichard — SAWS, LLC and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Peter Thorson, Greg Butler, and Pat Thomas. Under negotiation are price and terms for the City's lease of the property. 3. Conference with Real Property Negotiators. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential sale of a portion of the real property owned by the City of Temecula, located at southwest corner of Old Town Front Street and Temecula Parkway in the City of Temecula (APN Nos. 922-210-057, 922-210-059, 922-210-060). The parties to the negotiations for the potential sale of a portion of the property are: State of California and the City of Temecula Negotiators for the City of Temecula are: Aaron Adams, Peter Thorson, Greg Butler, and Pat Thomas. Under negotiation are price and terms for the City's sale of the property. Next in Order: Ordinance: 18-01 Resolution: 18-01 1 CALL TO ORDER: Mayor Matt Rahn Prelude Music: Noah Stevens Invocation: Pastor William Rench of Calvary Baptist Church Flag Salute: Mayor Pro Tem Mike Naggar ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PRESENTATIONS/PROCLAMATIONS Presentation to Incoming/Outgoing Mayor and TCSD President Presentation of Certificate of Appreciation to Susan Miyamoto Presentation of 15 -Year Service Pin to Maryann Edwards and 20 -Year Service Pins to Albert Blair and John Telesio PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 2 1 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of December 12, 2017 RECOMMENDATION: 2.1 That the City Council approve the action minutes and the Joint Meeting of the City Council/Temecula Community Services District action minutes of December 12, 2017. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of November 30, 2017 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of November 30, 2017. 5 Approve Financial Statements for the 1st Quarter Ended September 30, 2017 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the 1st Quarter Ended September 30, 2017; 5.2 Approve an increase in appropriation in Fund 135 Business Incubator in Transfer Out and Transfer In to the General Fund to close out this fund; 5.3 Approve a transfer of $3,000 from Overtime Wages 001.165.999.5121 to Salaries and Wages 001,163.999.5100. 6 Adopt Ordinance No. 18-01 Approving the Altair Specific Plan Proiect and Adopt Ordinance No. 18-02 Approving the Development Agreement with Ambient Communities (Planning Application Nos. PA14-0158, PA14-0159, PA14-0160, and PA14-0161) (Second Reading) 3 RECOMMENDATION: 6.1 Adopt an ordinance entitled: ORDINANCE NO. 18-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310- 048, AND 940-320-001 THROUGH 940-320-007) 6.2 Adopt an ordinance entitled: ORDINANCE NO. 18-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310- 013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) 7 Adopt Ordinance 18-03 Reauthorizing and Readopting the City's Public, Educational, and Governmental Access Support Fee for Cable Television Franchisees (Second Reading) RECOMMENDATION: 7.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 18-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAUTHORIZING AND READOPTING THE CITY'S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE 8 Approve Annual Legislative Platform for Calendar Year 2018 RECOMMENDATION: 8.1 That the City Council approve the annual Legislative Platform for calendar year 2018. 4 9 Approve Annual Boards and Commissions Handbook for Calendar Year 2018 RECOMMENDATION: 9.1 That the City Council approve the annual Boards and Commissions Handbook for calendar year 2018. 10 Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar Year 2018 RECOMMENDATION: 10.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE ESTABLISHED CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY AMENDING AND RESTATING THE RECORDS RETENTION POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN RECORDS 11 Consent of City Council to the Sale of Roripaugh Valley Restoration's Interests in the Roripaugh Ranch Development Agreement to Woodside Homes RECOMMENDATION: 11.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE SALE OF RORIPAUGH VALLEY RESTORATION'S INTERESTS IN THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT TO WOODSIDE HOMES (WOODSIDE 05S, LP) 12 Approve a Cooperative Agreement with Temecula Valley Genealogical Society in Support of Facility Use RECOMMENDATION: 12.1 That the City Council approve the Cooperative Agreement with Temecula Valley Genealogical Society for Facility Use. 13 Approve the First Amendment to the Agreement with Gary Austin Casson for the Purchase of Additional Artwork for the Fallen Heroes Memorial Project RECOMMENDATION: 13.1 Approve the First Amendment to the Agreement with Gary Austin Casson, in the amount of $7,200, for the fabrication and installation of artwork on retaining wall; 5 13.2 Transfer $7,200 from Fund 198 Public Art Account 198.199.999.5250 — Other Outside Services to Account 210.190.115 — Fallen Heroes Memorial Capital Improvement Project. 14 Approve an Additional Appropriation and Award a Construction Contract to Hillcrest Contracting for the Temecula Park and Ride, PW06-09 RECOMMENDATION: 14.1 Approve an additional appropriation of $400,000 from the Measure "S" Fund Balance to the Temecula Park and Ride, PW06-09; 14,2 Increase the amount of CMAQ Funds appropriated in the FY 2018-22 CIP Budget by an amount of $607,281; 14.3 Award a Construction Contract to Hillcrest Contracting, in the amount of $1,734,574, for the Temecula Park and Ride, PW06-09; 14.4 Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $173,457.40, which is equal to 10% of the contract amount. 15 Accept Improvements and File the Notice of Completion for the Citywide Concrete Repairs Fiss3l Year 2016-17, PW16-04 RECOMMENDATION: 15.1 Approve an Additional Appropriation of $10,474 from the Measure "S" Fund Balance to the Citywide Concrete Repairs Fiscal Year 2016-17, PW16-04; 15.2 Approve an increase to the contingency, by $10,474 for the Citywide Concrete Repairs Fiscal Year 2016-17, PW16-04 and increase the City Manager change order approval authority by the same amount; 15.3 Accept the improvements for the Citywide Concrete Repairs Fiscal Year 2016-17, PW16-04 as complete; 15.4 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 15.5 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ***A A A A A A AAA***#-**** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 18-01 Resolution: CSD 18-01 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 16 Approve the Action Minutes of December 12, 2017 RECOMMENDATION: 16.1 That the Board of Directors approve the action minutes and the Joint Meeting of the City CouncilfTemecula Community Services District action minutes of December 12, 2017. 17 Approve Financial Statements for the 1st Quarter Ended September 30, 2017 RECOMMENDATION: 17.1 That the Board of Directors receive and file the Financial Statements for the 1st Quarter Ended September 30, 2017. 7 18 Approve a Cooperative Agreement with Temecula Grape Stompers Square Dance Club in Support of Facility Use RECOMMENDATION: 18.1 That the Board of Directors approve the Cooperative Agreement with Temecula Grape Stompers Square Dance Club in support of facility use. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, January 23, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 8 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: SARDA 18-01 Resolution: SARDA 18-01 CALL TO ORDER: Chairperson Matt Rahn ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Stewart, Rahn SARDA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. SARDA 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 Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 19 Approve Financial Statements for the 1st Quarter Ended September 30, 2017 RECOMMENDATION: 19.1 That the Board of Directors receive and file the Financial Statements for the 1st Quarter Ended September 30, 2017. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, January 23, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 9 TEMECULA HOUSING AUTHORITY — No Meeting TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 20 Introduce Ordinance Adding Chapter 8.49, City Tree Care and Preservation, to Title 8, Health and Safety, of the Temecula Municipal Code RECOMMENDATION: 20.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING A NEW CHAPTER 8.49, CITY TREE CARE AND PRESERVATION, TO TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE 21 Adopt a Resolution in Support of Move 1-15 Through Temecula Valley and Reaffirm Related Task Force Appointments (At the Request of Mayor Rahn and Mayor Pro Tem Naggar) RECOMMENDATION: 21.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF "MOVE 1-15 THROUGH TEMECULA VALLEY," A SOUTHWEST RIVERSIDE COUNTY REGIONAL TASK FORCE CREATED TO ADDRESS THE DAILY INTERSTATE 15 TRAFFIC CONGESTION BETWEEN THE 1-15/215 JUNCTION AND THE SAN DIEGO COUNTY LINE 22 Selection of 2018 City Council Committees RECOMMENDATION: 22.1 That the City Council consider and appoint members to serve on various City Council Committees for calendar year 2018. BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT 10 ADJOURNMENT Next regular meeting: Tuesday, January 23, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — TemeculaCA.gov — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda. will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — TemeculaCA.aov — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694-6444. 11 CITY COUNCIL CONSENT Item No. 1 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 9, 2018 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 12, 2017 — 3:00 PM No Closed Session At 3:03 PM Mayor Edwards called the City Council meeting to order to consider the matters described on the Closed Session agenda. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: None Invocation: To Be Announced Flag Salute: Council Member Mike Naggar ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Introduction of Jessica Munoz, Riverside Vice -President of Voices for Children, the Non - Profit Training Arm of Court Appointed Special Advocates (CASA) PUBLIC COMMENTS The following individuals addressed the City Council: • Evan Cohen CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of November 28, 2017 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Nagger, Rahn, Stewart and Edwards. RECOMMENDATION: 1 2.1 That the City Council approve the action minutes of November 28, 2017. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of October 31, 2017 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of October 31, 2017. 5 Approve the Citywide Cumulative Purchase of Miscellaneous Goods, Supplies and Equipment Anticipated to Exceed $30,000 Per Vendor for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 5.1 That the City Council approve the purchase of miscellaneous consumable and durable goods, supplies and equipment from the following vendors for Fiscal Year 2017-18: Vendor FY 17-18 Estimated Amount Description of Purchases Downs Fueling $50,000 Vehicle Gasoline Hanks Hardware $85,000 Miscellaneous Hardware Items Home Depot $35,000 Miscellaneous Hardware Items Maintex $35,000 Janitorial Supplies Mission Electric $35,000 Electrical Equipment and Supplies Waxie Sanitary Supplies $40,000 Janitorial Supplies 6 Approve a Five-year Contract with MUFG Union Bank N.A. for Banking Services - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 2 6.1 Approve a Five -Year Contract with MUFG Union Bank, N.A., for banking services; 6.2 Authorize the City Manager and City Attorney to execute all necessary agreements. 7 Approve a Consultant Services Agreement with SDI Presence, LLC, for IT Inventory, Assessment, and Lifecycle Plan Consulting - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 7.1 Approve a Consultant Services Agreement with SDI Presence, LLC, in an amount not to exceed $93,325, for IT Inventory, Assessment, and Lifecycle Planning Services; 7.2 Authorize the City Manager to approve Contract Change Orders up to 10% of the contract amount or $9,333; 7.3 Appropriate $102,658 from Fund 320 — Information Technology Available Fund Balance. 8 Approve a Consultant Services Agreement with SoftResources, LLC, for Asset Management Consulting and Project Management Services - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 8.1 Approve a Consultant Services Agreement with SoftResources, LLC, in an amount not to exceed $283,890, for Asset Management Consulting and Project Management Services; 8.2 Authorize the City Manager to approve Contract Change Orders up to 10% of the contract amount or $28,389; 8.3 Appropriate $312,279 from Fund 320 — Information Technology, funded through an interfund transfer from the Measure S Fund in the amount of $135,251, an interfund transfer from the General Fund in the amount of $77,028, and a $100,000 appropriation from Fund 320's available Fund Balance. 9 Approve the Amended Salary Schedule to Include Minimum Wage Adjustments Effective January 1, 2018 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 9.1 Approve the Amended Salary Schedule to be Effective January 1, 2018; 9.2 Appropriate $44,129 from the General Fund available fund balance, and $14,350 from Fund 320 - Information Technology available fund balance. 3 10 Approve the Riverside County Transportation Commission (RCTC) Agreement for Funding Under Senate Bill 821 Bicycle and Pedestrian Facilities Program, and Authorize the City Manager to Execute the Agreement - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 10.1 Approve the Riverside County Transportation Commission (RCTC) Agreement for Funding under Senate Bill 821 Bicycle and Pedestrian Facilities Program for program funding for the Citywide Buffered Bike -Lane Striping project; 10.2 Authorize the City Manager to execute the Agreement. 11 Approve Access Easement Agreement and Reimbursement Agreement with Temecula Valley Hospitality, LLC, for Temecula Parkway/Wabash Lane Traffic Signal Improvements and Certain Onsite Improvements Related to the Temecula Park and Ride Project - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 11.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ACCESS EASEMENT AGREEMENT AND REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY HOSPITALITY, LLC FOR TEMECULA PARKWAY/WABASH LANE TRAFFIC SIGNAL IMPROVEMENTS AND CERTAIN ONSITE IMPROVEMENTS; AND FINDING THE CITY'S ACTION EXEMPT FROM CEQA 12 Approve the First Amendment to a Three -Year Agreement with Counts Unlimited, Inc. for Contractor Services for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 12.1 That the City Council approve the First Amendment to a Three -Year Agreement for Contractor Services with Counts Unlimited, Inc., in the amount of $20,000, for Citywide Traffic Count Data Collection for Fiscal Year 2017-18. 13 Amend the Capital Improvement Program Budget for Fiscal Years 2018-22 to Add the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, PW08-04, as a Standalone Project, and Remove the Project from the Bike Lane and Trail Program — Citywide Project Budget - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4 13.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ADD THE SANTA GERTRUDIS CREEK PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT, PW08-04, AS A STANDALONE PROJECT, AND REMOVE THE PROJECT FROM THE BIKE LANE AND TRAIL PROGRAM — CITYWIDE PROJECT BUDGET 14 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for the Sidewalks — Old Town Boardwalk Enhancement, PW17-16 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 14.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Sidewalks — Old Town Boardwalk Enhancement, PW 17-16; 14.2 Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 15 Establish an All -Way Stop Control at the Intersections of Temeku Drive and Pin Way/Legends Golf Club Driveway, and Temeku Drive and Gleneagles Drive - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 15.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTIONS OF TEMEKU DRIVE AND PIN WAY/LEGENDS GOLF CLUB DRIVEWAY, AND TEMEKU DRIVE AND GLENEAGLES DRIVE RECESS: At 3:15 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 3:17 PM, the City Council resumed with the remainder of the City Council Agenda. 5 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 19 Consider the Altair Specific Plan Project Including a General Plan Amendment a Specific Plan. a Tentative Tract Map, and a Development Plan (Planning Application Nos. PA14-0158, PA14-0159, PA14-0160, and PA14-0161) - Approved Staff Recommendation (4-1); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Naggar, Rahn, and Edwards with Stewart voting no. The following individuals addressed the City Council on this item: • Greg Brooks • Mary Lou Rosczyk • John Kelliher • Darren Diess • Armando Garcia • Grant Anderson • Cynthia Harris • Tim Noonan • J.P. Rose • Matt Weaver • Pam Nelson • Ed Morel • Trish Smith • Cara Lacey • Dan Silver • Alice Sullivan • Jeff Gutowski • Robin Parks • Mary Bear Magee • Gerard Ste. Marie • Karin Cleary -Rose • Matt Nelson • Ms. Miller • Wayne Hall RECOMMENDATION: That the City Council conduct a Public Hearing and consider the Altair Project including a General Plan Amendment, a Specific Plan, a Tentative Tract Map, and a Development Agreement (Planning Application Nos. PA14-0158, PA14-0159, PA14-0160, and PA14-0161) and adopt related resolutions and introduce ordinance: 19.1 Adopt a resolution entitled: RESOLUTION NO. 17-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING 6 PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES, GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APN 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310- 048, AND 940-320-001 THROUGH 940-320-007) 19.2 Adopt a resolution entitled: RESOLUTION NO. 17-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE CURRENT ALIGNMENT OF THE PROPOSED WESTERN BYPASS, AND TO RECOGNIZE THE PROPOSED LAND USES IDENTIFIED IN THE ALTAIR SPECIFIC PLAN BY REPLACING INDUSTRIAL PARK (IP), OPEN SPACE (OS), MEDIUM DENSITY RESIDENTIAL (M), HIGH DENSITY RESIDENTIAL (H), AND HILLSIDE RESIDENTIAL (HR) WITH SPECIFIC PLAN IMPLEMENTATION (SPI) ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) 19.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 18-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310- 048, AND 940-320-001 THROUGH 940-320-007) 19.4 Adopt a resolution entitled: RESOLUTION NO. 17-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP 36959 TO SUBDIVIDE 270 ACRES INTO 63 NUMBERED LOTS TO DEFINE THE OPEN SPACE AND THE VILLAGE AREAS, AND 20 LETTERED LOTS TO DEFINE PUBLIC AND PRIVATE STREETS FOR THE ALTAIR SPECIFIC PLAN GENERALLY 7 LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) 19.5 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 18-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) CITY COUNCIL BUSINESS 20 Adopt Ordinance Reauthorizing the Public, Educational and Government Fee for Cable Television Franchisees — On 20.1, Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. On 20.2, Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 20.1 Introduce and read by title only the following ordinance: ORDINANCE NO. 18-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAUTHORIZING AND READOPTING THE CITY'S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE 20.2 Adopt by 4/5 vote the following ordinance: ORDINANCE NO. 17-14 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAUTHORIZING THE CITY'S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE ADJOURNMENT 8 JOINT MEETING OF THE CITY COUNCIL AND TEMECULA COMMUNITY SERVICES DISTRICT 21 Appoint the Mayor and Mayor Pro Tem for Calendar Year 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. For the 2018 calendar year, Mayor Pro Tempore Matt Rahn was selected as Mayor and Council Member Mike Naggar was selected as Mayor Pro Tempore. RECOMMENDATION: 21.1 Appoint the Mayor, effective January 1, 2018, to preside until December 31, 2018; 21.2 Appoint the Mayor Pro Tem, effective January 1, 2018, to hold this office until December 31, 2018. 22 Appoint the President and Vice -President of the Temecula Community Services District for Calendar Year 2018 - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. For the 2018 calendar year, Council Member Jeff Comerchero was selected as TCSD President and Council Member James Stewart was selected as Vice -President. RECOMMENDATION: 22.1 Appoint the President, effective January 1, 2018, to preside until December 31, 2018; 22.2 Appoint the Vice -President, effective January 1, 2018, to hold this office until December 31, 2018. ADJOURNMENT BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 9:17 PM, the City Council meeting was formally adjourned to Tuesday, January 9, 2018, for a regular session commencing at 7.00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] 9 Item No. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 9, 2018 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Fiscal Services Manager Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 18- 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 fallowing 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 $9,445,132.35. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January. 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 11/30/2017 TOTAL CHECK RUN: $ 762,539.89 12/07/2017 TOTAL CHECK RUN: 3,191,021.72 12/14/2017 TOTAL CHECK RUN: 4,492,997.89 11/30/2017 TOTAL PAYROLL RUN: 411,276.77 12/07/2017 TOTAL PAYROLL RUN: 82,006.09 12/14/2017 TOTAL PAYROLL RUN: 505,289.99 TOTAL LIST OF DEMANDS FOR 01/09/2018 COUNCIL MEETING: j 9,445.132.35 DISBURSEMENTS BV FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND 120 DEVELOPMENT IMPACT FUND 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B STREET LIGHTS 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 300 INSURANCE FUND 305 WORKER'S COMPENSATION 320 INFORMATION SYSTEMS 325 TECHNOLOGY REPLACEMENT FUND 330 CENTRAL SERVICES 340 FACILITIES 380 SARDA DEBT SERVICE FUND 395 2011 FINANCING LEASE 2001 & 2008 COPS 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 478 CFD 16-01 RORIPAUGH PHASE II 501 SERVICE LEVEL"C"ZONE I SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 700 CERBT CALIFORNIA EE RETIREE-GASB45 $ 4,509,258.98 3,120.70 21,165.49 10,796.07 165,709.54 335,202.04 432.67 3,266.04 22,247.30 61,241.18 1,373,423.66 75,945.91 4,717.78 286,632.89 24,099.68 18,312.33 50,840.48 856,762.50 533,193.75 70.09 70.09 70.09 70.09 70.09 70.09 350.24 2,252.31 1,801.89 1,706.48 368.60 1,510.18 5,936.47 705.69 9,655.87 104.67 300.64 98.40 5,887.71 1,306.05 576.83 586.58 1,395.93 94.62 4,736.22 2,362.19 8,879.64 11,111.03 180.00 297.80 7,391.77 1,887.83 158.77 752.81 8,916.02 136.73 8,320.00 S 8,446,559.50 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND S 577,488.09 140 COMMUNITY DEV BLOCK GRANT 1,475.35 165 AFFORDABLE HOUSING 7,890.49 190 TEMECULA COMMUNITY SERVICES DISTRICT 239,138.79 192 TCSD SERVICE LEVEL B STREET LIGHTS 602.88 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 5,278.96 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 696.71 197 TEMECULA LIBRARY FUND 3,914.65 300 INSURANCE FUND 2,392.82 305 WORKERS' COMPENSATION 6,255.66 320 INFORMATION TECHNOLOGY 72144.75 330 CENTRAL SERVICES 8,207.26 340 FACILITIES 21,708.23 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 89.25 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 89.25 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 89.25 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 89.25 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 89.25 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 89.25 478 CFD 16-01 RORIPAUGH PHASE II 446.18 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 50.08 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 86.01 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 70.07 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 10.61 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 119.81 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 17.94 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 21.05 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 411.26 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 3.72 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 17.66 5I1 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.27 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 233.98 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 49.92 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 17.76 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 14.68 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 58.66 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1.90 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 217.07 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 115.95 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 324.89 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 532.33 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 7.93 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 13.95 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 299.53 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 96.23 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.75 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 13.95 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 461.59 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5.31 700 CERBT CALIFORNIA EE RETIREE-GASB45 47.113.67 TOTAL BY FUND: 998,572.85 S 9.445 132.35 apChkLst Final Check List 11130/2017 11:17:50AM CITY OF TEMECULA Page: 1 Bank : union UNION BANK Chock 8 Date Vendor Description Amount Paid Check Total 3583 11/29/2017 007282 AMAZON.COM, INC REC SUPPLIES:CRC 15997 MISC SUPPLIES VARIOUS EVENTS 49.96 SUPPLIES AQUATICS 115 44 SUPPLIES HUMAN SERVICES 145.44 microscope & computer:Children's Museum 198.05 BOOKS/COLLECTIONS LIBRARY 56 27 MUSEUM SUPPLIES:TVM 32.68 SUPPLIES: HUMAN SVCS 266.40 MISC. SUPPLIES: ECON DEV 34.00 CREDIT BOOKS/COLLECTIONS LIBRAR} -0 47 BOOKS/COLLECTIONS:LIBRARY 46.75 1,104.49 3584 11/30/2017 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,008.45 1,008.45 SUPPORT 3585 11/30/2017 000444 INSTATAX (EDD) STATE TAXES PAYMENT 20.672.57 20 672 57 3586 11/30/2017 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 78,655.63 78.655 63 3587 11/30/2017 000389 NATIONWIDE RETIREMENT OBRA - PROJECT RETIREMENT 2,180.72 2,180.72 SOLUTION PAYMENT 3588 11/30/2017 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 93,520.90 93,520 90 RETIREMENT) 3589 11/30/2017 007262 AMAZON COM. INC COMPUTER EQUIP:INFO TECH 70.84 70 84 186124 11/30/2017 018096 ACME ADMINISTRATORS, INC DEC '17 3RD PARTY CLAIM ADMIN 1,250.00 1.250 00 WRKRS 186125 11/30/2017 010851 ADAMIAK. DAWN REIMB.DECORATIONS:BREAKFAST 181.66 181.66 WITH SANTA 186126 11/30/2017 015217 AIRGAS, INC. GAS FOR DRY ICE 11 07 EXPERIMENTS:PPW GAS FOR DRY ICE EXPERIMENTS PPW 18 98 30.05 186127 11/30/2017 003951 ALL AMERICAN ASPHALT ASPHALT PRODUCTS. CITYVNDE 427 16 42716 186128 11/30/2017 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT: THEATER 215 00 215.00 186129 11/30/2017 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS.TEMECULA 180 00 (AFN) POLICE PHLEBOTOMY SRVCS:TEMECULA POLIO 540.00 720.00 Pagel ■pChkLst Final Check List 1113012017 11:17:50AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 186130 11/30/2017 000936 AMERICAN RED CROSS CERTIFICATION MATERIALS:AQUATICS 35.00 35.00 186131 11/3012017 019709 BAGDASARIAN, NADYA REIMB:TEAM PACE ITEMS 250.00 250.00 186132 1113012017 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 22.57 22.57 186133 11/30/2017 018101 BARN STAGE COMPANY INC. STTLMNT:CABARETAT THE MERC: 476.00 476.00 THE 11126/17 186134 11/30/2017 010806 BARNEYS TIRE AND WHEEL VEHICLE MAINTENANCE: ADM15 731.58 731.58 186135 11/30/2017 004262 BIO-TOX LABORATORIES DRUG/ALCOHOL ANALYSIS:POLICE 863.50 DRUG/ALCOHOL ANALYSIS:POLICE 3,550.94 DRUG/ALCOHOL ANALYSIS:POLICE 509.00 186136 11/30/2017 014284 BLAKELY'S TRUCK SERVICE VEH & EQUIP REPAIRS: PW STREET 534.11 MAINT VEH & EQUIP REPAIRS: PW STREET MAI 243.50 VEH & EQUIP REPAIRS: PW STREET MAI 4,923.44 372.63 1.150.24 186137 11/30/2017 005292 BUTLER, GREG REIMB:CALPERSALM WORKSHOP 38.46 38.46 186138 11/30/2017 004248 CALIF DEPT OF JUSTICE-ACCTING OCT DOJ ALCOHOL ANALYSIS:TEMECULA POLICE SEP DOJ FINGERPRINTING SRVCS:POLI 2,275.00 32.00 OCT FINGERPRINTING SVCS: VARIOUS I 4,802.00 7,109.00 186139 11/30/2017 000137 CHEVRON AND TEXACO OCT 17 CITY VEHICLES FUEL: POLICE 1.619.97 1.619.97 DEPT 186140 11130/2017 020201 CIRCLE OF SAFE -T, INC. SART EXAMS: TEM POLICE 4,400.00 4,400.00 186141 11/30/2017 009905 COMPRISE TECHNOLOGIES REPLACEMENT WEB FILTER 14.930.00 INC DEVICE:LIBRARY SOFTWARE RENEWAL TEM PUB LIBRAR 13,294.00 28,224.00 186142 11/30/2017 000442 COMPUTER ALERT SYSTEMS QTRLYALARM MONITORING: PBSP 360.00 360.00 186143 11/30/2017 020357 CONCHAS, ART REFUND:CREDIT FOR LIGHTS:TES 28.00 28.00 FIELD 1t2 Page2 apChkLst 11/3012017 11:17:50AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK Check # Date Vendor 186144 11/30/2017 010650 CRAFTSMEN PLUMBING & HVAC INC 186145 11/30/2017 008810 CROSSTOWN ELECTRICAL& DATA 186146 11/30/2017 014580 DANCE THEATRE COLLECTIVE 186147 11/30/2017 001393 DATA TICKET. INC 186148 11/30/2017 002990 DAVID TURCH & ASSOCIATES 186149 11/30/2017 003945 DIAMOND ENVIRONMENTAL SRVCS 186150 11/30/2017 004192 DOWNS ENERGY FUEL & LUBRICANTS 186151 11/30/2017 003754 DOWNTOWN IDEA EXCHANGE 186152 11/30/2017 002528 EAGLE GRAPHIC CREATIONS INC 186153 11/30/2017 002390 EASTERN MUNICIPAL WATER DIST 186154 11/30/2017 015090 EVAPCO PRODUCTS, INC. (Conbnuedl Description Amount Pald Check Total PLUMBING SRVCS & REPAIRS: VAR PARKS PLUMBING SRVCS & REPAIRS: VAR PAR HVAC REPAIR STA 73 HVAC REPAIR: STA 73 SNAKED SEWER LINE - SAM HICKS PARI PLUMBING SRVCS & REPAIRS. VAR PAR PLUMBING SRVCS & REPAIRS: VAR PAR PLUMBING SRVCS & REPAIRS: VAR PAR RETRIEVE & REPAIR PIPING FOR LAKE F SNAKED SEWER LINE - SAM HICKS PARI CITYWIDE SURVEILLANCE CAMERAS STTLMNT DANCEXCHANGE 11/21/17 OCT PARKING CITATION PROCESSING POLICE NOV '17 FEDERAL LOBBYING SVCS PORTABLE RESTROOMS SANTA'S ELECTRIC FUEL FOR CITY VEHICLES: PUBLIC WORKS FUEL FOR CITY VEHICLES- PUBLIC WOF FUEL FOR CITY VEHICLES: LAND DEV FUEL FOR CITY VEHICLES POLICE DEP PUBLISHING PLANNING DEPT PLATE AWARDS: ECON DEV OCT WATER METER MURR HOT SPRINGS RD OCT WATER METER MURR HOT SPRING OCT WATER METER 39569 SERAPHINA F OCT WATER METER 39656 DIEGO DR NOV CONDENSER H2O SYS MAINT. CIVIC CTR 160.00 312.30 230.00 210.00 290 00 529.49 160.00 150.00 1.110.00 425 00 24.351 15 59 50 981.79 3,500.00 1.375 01 982.84 265 25 5216 85.40 191.00 290.93 158.04 40.45 375.59 120.47 3.576 79 24.351 15 59.50 981.79 3,500.00 1,375 01 1,385.65 191.00 290.93 694 55 583.50 583 50 Page:3 apChkLst Final Check List 1113012017 11:17:50AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK Continued; Check # Date Vendor Description Amount Paid Check Total 186156 11/30/2017 001056 EXCEL LANDSCAPE, INC. NOV LDSCP MAINT SRVCS: LEVEL C 23,074.18 SLOPES NOV LNDSCP MAINT SRVCS: VAR FACILI 11,34040 IRRIGATION REPAIRS VARIOUS PARKS 1,554 48 NOV LNDSCP MAINT PARKS.MEDIANS 54,261.63 LANDSCPE IMPRVMNTS:HARV LAKE PAF 8,321.00 NOV LANDSCAPE MAINT:PARK5 MEDIAN 19.085 51 LANDSCAPE MAINT:PARKS:MEDIANS 51,049.63 NOV LNDSCP MAINT SRVCS: VAR LOCA? 36,314 91 205.001 74 186157 11/30/2017 017736 FEAST CALIFORNIA CAFE, LLC REFRESHMENTS:SISTER CITY EVENT 574.58 574.58 11/30 186158 11/30/2017 000165 FEDERAL EXPRESS INC 11/7-11/9 EXP MAIL SVCS: FIRE & 70.53 70.53 CLERK 186159 11/30/2017 016436 FRICK, TRACY REIMS SISTER CITY SPONSORSHIP 186160 11/30/2017 018858 FRONTIER CALIFORNIA. INC NOV INTERNET SVCS:LIBRARY NOV INTERNET SVCS:SENIOR CENTER NOV INTERNET SVCS:41000 MAIN ST NOV INTERNET SVCS. 41000 MAIN ST NOV INTERNET SVCS:27415 ENTERPRIS 186161 11/30/2017 003946 G T ENTERTAINMENT DJ/ANNOUNCING - 12/1/17 166162 11/30/2017 001937 GALLS, LLC equip: police volunteers EQUIP. POLICE VOLUNTEERS equip police volunteers temecula pd shoulder patches 158 45 158.45 186 98 146 98 4.857 41 2.485 29 10284 7.779.50 350 00 350 00 55.31 26.70 26.18 700 38 186163 11/30/2017 000177 GLENNIES OFFICE PRODUCTS MISC OFFICE SUPPLIES - STA 73 74.57 INC 186164 11/30/2017 003792 GRAINGER 186165 11/30/2017 000186 HANKS HARDWARE INC 808 57 MISC OFC SUPPLIES PUBLIC WORKS 150 40 CREDIT MEMO RETURNED ITEMS -22.64 MISC OFC SUPPLIES:CENTRAL SVCS 47 07 Office Supplies: Planning 60 51 309.91 Drum Spill Containment Platform 125 20 125.20 MISC HARDWARE SUPPLIES CODE 11 92 11.92 ENFORCEMENT 186166 11/30/2017 000520 HDL COREN & CONE INC OCT -DEC PROPERTY TAX CNSLTNG FINANCE 186167 11/30/2017 001013 HINDERLITER DE LLAMAS & ASSOC 5.596 50 5,596.50 MEASURE 5 TRANS TAX 4TH QTR 300 00 SALES TAX & RECOVERY SVCS 4TH QT 9.871 92 10,171.92 Page:4 apChkLst 11/30/2017 11:17:50A M Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK Check 4 Date Vendor 186168 11/30/2017 020128 HOME HEALTHCARE OF RIVERSIDE 186169 11/30/2017 009693 INLAND VALLEY CLASSICAL BALLET 186170 11/30/2017 006914 INNOVATIVE DOCUMENT SOLUTIONS 186171 11/30/2017 001407 INTER VALLEY POOL SUPPLY INC 186172 11/30/2017 015673 JDS VIDEO & MEDIA PRODUCTIONS 186173 11/30/2017 001091 KEYSER MARSTON ASSOCIATES INC 186174 11/30/2017 004062 KUSTOM SIGNALS INC 186175 11/30/2017 000482 LEIGHTON CONSULTING INC 186176 11/30/2017 004905 LIEBERT. CASSIDY & WHITMORE 186177 11/30/2017 020333 LYTTON VINEYARD & WINERY. LP 186178 11/30/2017 186179 11/30/2017 186160 11/30/2017 014877 MCCREEDY, LOUISE 018314 MICHAEL BAKER INTL INC 013443 MIDWEST TAPE LLC 186181 11/30/2017 004040 MORAMARCO. ANTHONY J. 186182 11/30/2017 020354 MORIN. LEAH (Continued) Description Amount Paid Check Total MEDICAL SERVICES CLASSES STTLMNT: NUTCRACKER BALLET 11124.11/26 OCT COPIER MAINT/REPAIR/USAGE CITYWIDE OCT COPIER MAINT/REPAIR/USAGE:CIT POOL CHEMICAL SUPPLIES: VAR POOLS VIDEO PRODUCTION ECON DEV SEP AFFORDABLE HOUSING ANALYSIS:COM DEV SEP CONSULTANT SERVICES FOR UTSF OCT AFFORDABLE HOUSING ANALYSIS:. SEP FISCAL IMPACT ANALYSIS CYPRES radar/War repair & maint: tem police OCT GEO TECH CNSLTNG: CHEW OCT GEO TECH CNSLTNG SVCS: WIWJE SEP GEO TECH CNSLTNG SVCS PA16-O OCT 17 LEGAL SVCS FOR TE060-00016 OCT 17 LEGAL SVCS FOR TE060-00001 RFRSHMNTS: SISTER CITY ON 12/2117 REFUND. RETURNED LOST MATERIALS LIBRARY MAR -MAY ENVIRNMNTLTECH SVC: PWO6-09 BOOKS/COLLECTIONS•LIBRARY TCSD INSTRUCTOR EARNINGS REFUND.RETURNED LOST MATERIALS:LIBRARY 2,000.00 12,317.04 3,505 26 627 13 441.02 850.00 3.067.50 1.776 25 456.28 1,960.00 1,263.13 6,000.00 3,500.00 2,500.00 2,222.10 1,085 00 1.916 25 28 00 3,710.00 83.94 63.00 2,000.00 12.317.04 4,132.39 441.02 850.00 7,260 03 1,263.13 12.000 00 3,307 10 1,916 25 28.00 3,710.00 83.94 63.00 62 75 62 75 Pages apChkLst Final Check List 11/3012017 11:17:50AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 186183 11/30/2017 020355 OAKHILLACADEMY REFUND:SANTA'S ELECTRIC LIGHT PARADE 186184 11/30/2017 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES HR DIV 186185 11/30/2017 002105 OLDTOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS TCSD 186186 11/30/2017 012100 OUR NICHOLAS FOUNDATION REFUND DEP SNACK BAR SPORTS INC 186187 11/30/2017 019711 OWEN GROUP, INC., OWEN SEPT ADA TRANSITION PLAN UPDATE DESIGN GROUP SRVCS PW 186188 11/30/2017 000249 PETTY CASH PETTY CASH REIMBURSEMENT 186189 11/30/2017 020353 PIPICH, KATHY RELEASE CLAIMS AGREEMENT PMT 186190 11/30/2017 010338 POOL & ELECTRICAL CHEMICALS AND SUPPLIES VAR PRODUCTS INC POOLS 186191 11/30/2017 010652 QUALITY CODE PUBLISHING MUNICIPAL CODE SERVICES CITY CLERK 186192 11/30/2017 000262 RANCHO CALIF WATER DISTRICT 186193 11/30/2017 020350 REEFE. REBECCA 25.00 25.00 66.58 66.58 744.61 744 61 200 00 200 00 17,655.25 17,655.25 1,005.88 1,005 88 460.00 460 00 631 62 631.62 2.150 55 2.150.55 NOV VAR WATER METERS FIRE STNS 397 18 NOV VAR WATER METERS TCSD SVC LE NOV WATER METER:30875 RANCHO VIS NOV VAR WATER METERS PW VAR SITE REFUND:CREDIT ON ACCTTCSD REFUND:CREDIT ON ACCT TCSD REFUND:CREDIT ON ACCT:TCSD REFUND:CREDIT ON ACCT:TCSD 186194 11/30/2017 001365 RIVERSIDE, COUNTY OF JUL-SEPT 2017 VECTOR CONTROL SRVCS 15,002 65 507 84 1,830 43 17.738.10 60 00 33.00 475.00 380.00 948.00 5,103.08 5,103 08 186195 11/30/2017 012251 ROTH. DONALD J. TCSD INSTRUCTOR EARNINGS 441.00 TCSD INSTRUCTOR EARNINGS 315 00 756 00 186196 11/30/2017 009980 SANBORN, GWYNETH A. COUNTRY LIVE! @ THE MERC 652 50 652.50 186197 11/30/2017 008529 SHERIFF'S CIVIL DIV - WAGE GARNISHMENT PAYMENT 50.00 50.00 CENTRAL Page6 apChkLst Final Check List 11/30/2017 11:17:50AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Descrlptlon Amount Paid Check Total 186198 11/30/2017 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 11/16/17 186199 11/30/2017 000537 SO CALIF EDISON 186200 11/30/2017 001212 SO CALIF GAS COMPANY 46/ 2.5 467.25 NOV 2-05-791-8807:32444 TEM PKWY 266 25 TC1 NOV 2-28-331-4847:32805 PAUBA LS3 104 06 NOV 2-34-624-4452:32131 S LOOP RD LO 706.84 OCT 2-28-171-2620:40820 WINCHESTER 419.49 OCT 2-30-099-3847:29721 RYECREST 25.54 NOV 2-33-357-5785:44747 REDHAWI( PKI 36 46 OCT 2-27-560-0625:32380 DEERHOLLOW 771 22 OCT 2-30-296-9522:46679 PRIMROSE AVE 644.57 OCT 125-244-2108-3:30600 PAUBA RC) 139 65 OCT 095-167-7907-2.30650 PAUBA RD 186201 11/30/2017 019362 SOFTCHOICE CORPORATION MICROSOFT ENT LICENSE RENEWAL INFO TECH 2,974.43 112.63 252.28 115.825.42 115, 825.42 186202 11/30/2017 002503 SOUTH COAST AIR QUALITY FLAT FEE FOR LAST FY 127.46 EMISSIONS:FOC FY 17/18 OPERATING FEES:FOC 378.28 186203 11/30/2017 020356 SOUTHWESTERN RIVERSIDE REFUND SEC DEP RM RENTAL TCC 167.45 186204 11/30/2017 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:TEMECULA LLC POLICE 186205 11/30/2017 009948 TEMECULA PERFORMING "A CHRISTMAS STORY:THE MUSICAL" ARTS CO 11/10-19 186206 11/30/2017 017295 TEMECULA PIZZA FACTORY REFRESHMENTS:CRC TEEN GYM EVENT 10/20 505.74 16745 795.87 795.87 18.949.87 18.949.87 113.56 113.56 186207 11/30/2017 000311 TEMECULA VALLEY HIGH REFUND SEC DEP:RM RENTAL:CRC 20000 200.00 SCHOOL 186208 11/30/2017 019473 TEMECULA VALLEY WOMAN'S REFUND SEC DEP:RM RENTAL:CRC CLUB 186209 11/30/2017 010276 TIME WARNER CABLE OCT HIGH SPEED INTERNET40820 WINCHESTER NOV HIGH SPEED INTERNET:29119 MAR' NOV HIGH SPEED INTERNET:41000 MAIN OCT HIGH SPEED INTERNET:32211 WOL 186210 11/30/2017 014848 VALUTEC CARD SOLUTIONS. OCT TICKETING SERVICES THEATER LLC 200.00 200.00 1.60 348 13 2,079 00 184.62 2,613.35 66 13 66 13 Page 7 apChkLst Final Check List 11130/2017 11:17:50AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 186211 11/30/2017 014486 VERIZON WIRELESS OCT 25-NOV 10 TASK FORCE TABLETS POLICE 186212 11/30/2017 019371 VOLGISTICS. INC ONLINE VOL. MGMT SYS PRGM SRVC FEE TVM 682 72 682.72 204 00 204 00 186213 11/30/2017 018147 WADDLETON. JEFFREY L DJ/ANNOUNCER SRVCS HOLIDAY 995 00 PARADE 12/1 DJ/ANNOUNCER SRVCS:DUCK POND TF 390 00 186214 11/30/2017 001881 WATER SAFETY PRODUCTS POOL SUPPLIES:AQUATICS PRGM 285.58 INC 1001924 11/20/2017 020334 MASSIE, CAROLINE REFUND'. DATE NIGHT COUPLES COOKING 1.385 00 285 58 40.00 40.00 1001925 11/20/2017 020334 MASSIE, CAROLINE REFUND DATE NIGHT COUPLES 40.00 40.00 COOKING 1001926 11/21/2017 016992 DOCKERY, STEVEN C. REFUND SEC DEP:RM RENTAL:TCC 200 00 200 00 1001927 11/21/2017 016527 ROWE DANCE ACADEMY REFUND SEC DEP RM RENTAL:CRC 150-00 150 00 1001928 11/21/2017 016527 ROWE DANCE ACADEMY REFUND CANCELLED EVENT: RM 1.000.00 1,00000 RENTAL:CRC 1001929 11/21/2017 016527 ROWE DANCE ACADEMY REFUND: CANCELLED EVENT RM 45.00 45.00 RENTAL:CRC 1001930 11/21/2017 020338 SYMONDS BEARD REFUND SEC DEP:PICNIC 200.00 200 00 RENTAL HARVESTON 1001931 11/21/2017 020337 YAP, LOUREE REFUND SEC DEP RM RENTAL.TCC 200.00 200 00 Grand total for UNION BANK: 762.539 89 Page -8 apChkLst Final Check List 11/30/2017 11:17:50AM CITY OF TEMECULA Page: 9 105 checks in this report. Grand Total All Checks. 762 53989 Page9 apChkLst Final Check List 12/07/2017 11:21:29AM CITY OF TEMECULA Page: 1 Bank : unlon UNION BANK Check # Date Vendor Description Amount Pald Check Total 3582 12/01/2017 014685 COMPASS BANK '11 REFUNDING 01/08 CERT PART 533,193 75 533,193.75 DEBT SVC 3590 12/07/2017 000444 INSTATAX (EDD) STATE TAXES PAYMENT 4,843.49 4,843.49 3591 12/07/2017 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 16.038 72 16.038.72 3592 12/07/2017 001065 NATIONWIDE RETIREMENT SOLUTION 3593 12/06/2017 007282 AMAZON. COM. INC NATIONWIDE RETIREMENT PAYMENT 1.400.00 1.400.00 SUPPLIES HUMAN SERVICES 13.28 SUPPLIES HUMAN SVCS 88.64 SUPPLIES HUMAN SVCS 2.16 SUPPLIES: HUMAN SVCS 29.99 SUPPLIES:HUMAN SVCS 799 SUPPLIES HUMAN SVCS 19.73 SUPPLIES:HUMAN SVCS 193.38 SUPPLIES HUMAN SVCS 128.92 484.09 186215 12/07/2017 020198 AACTS INT'L MINISTRIES INC FY 17-18 COMMUNITY SVC FUNDING 5.000.00 5.000 00 186216 12/07/2017 004973 ABACHERLI. LINDI TCSD INSTRUCTOR EARNINGS 245.00 245 00 186217 12/07/2017 004802 ADLERHORST INTERNATIONAL NOV K-9 ON-SITE TRAINING. POLICE 350.00 350.00 LLC DEPT 186218 12/07/2017 020361 AGUILERA, ISABEL REIMS: SISTER CITY VISIT 58.63 58.63 186219 12/07/2017 015217 AIRGAS, INC GAS FOR DRY ICE EXPERIMENTSPPW 186220 12/07/2017 003951 ALL AMERICAN ASPHALT 18 98 18.98 ASPHALT PRODUCTS CITYWIDE 466.51 ASPHALT PRODUCTS CITYWIDE 519.85 186221 12/07/2017 013015 ALWAYS RELIABLE BACKFLOW BACKFLOW TESTS & REPAIRS VAR 135 D0 PARKS BACKFLOW TESTING AVONDALE / RICH 27 00 186222 12/07/2017 000101 APPLE ONE INC OCT TEMP STAFF SVCS VAR DEPTS. 9,510.33 986 36 162.00 9,510.33 Page 1 apChkLst Final Check List 12/0712017 11:21:29AM CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor 186223 12/07/2017 013950 AQUA CHILL OF SAN DIEGO Description Amount Paid Check Total NOV DRINKING WATER SVCS: INFO TECH NOV DRINKING WATER SYS MAINT: JRC NOV DRINKING WATER SYS MAINT: CIVk NOV DRINKING WATER SYS MAINT MPS NOV DRINKING WATER SYSTEM SRVCS NOV WATER SVCS: POLICE STOREFROF 186224 12/07/2017 019709 BAGDASARIAN. NADYA RFRSHMNTS:TEAM PACE EVENT 12/5 186225 12/07/2017 011954 BAKER & TAYLOR INC 186226 12/07/2017 006254 BALLET FOLKLORICO RECORDS ON TAPE'LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS LIBRARY TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 28 28 28 28 183.71 34.75 28 28 28 28 331 5B 230 30 230.30 4.40 2.026 98 133.15 19600 352.60 215.60 2,16453 764 40 186227 12/07/2017 015592 BAMM PROMOTIONAL UNIFORMS:AQUATICS 2.009.54 2.009.54 PRODUCTS. INC 186228 12/07/2017 013482 BAS SECURITY SECURITY SERVICES:TCSD 984.50 FACILITIES SECURITY SVCS TCSD FACILITIES 1,836.00 186229 12/07/2017 017145 BOARD, MARGO TEAM PACE SUPPLIES:EOQ 12/15 500.00 186230 12/07/2017 011348 BONCOR WATER SYSTEMS DEC WATER TANK FILTER REPL: LLC STA73 2,820.50 500.00 254.00 254 00 186231 12/07/2017 017115 BUREAU OF OFFICE NOV TRANSCRIPTION 24 85 24 85 SERVICES. INC SRVCS:TEMECULA PD 186232 12/07/2017 017414 CHAMBER MARKETING ADVERTISING: TEMECULA PRESENTS 1.200.00 1.200 00 PARTNERS INC 186233 12/07/2017 016530 COMMUNITY MISSION OF FY 17-18 COMMUNITY SVC FUNDING 5.000.00 5.000.00 HOPE 186234 12/07/2017 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES VAR PARKS 126.15 126 15 DIST 186235 12/07/2017 010747 CORNERSTONE CHRISTIAN REFUND:SEC DEP. RM RENTAL:TCC 200.00 20000 186236 12/07/2017 014521 COSTAR GROUP DEC 17 WEB SUBSCRIPTION ECO DEV 453.19 453 19 INFORMATION, INC 186237 12/07/2017 001264 COSTCO TEMECULA #491 STATION SUPPLIES STA 92 859 90 859 90 Page2 apChkLst Final Check List 12/07/2017 11:21:29AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK Check p Date Vendor 186238 12/07/2017 004329 COSTCO TEMECULA #491 166239 12/07/2017 010650 CRAFTSMEN PLUMBING & HVAC INC (Continued) Description Amount Paid Check Total SUPPLIES:CULTURALARTS EVENTS 360 55 SUPPLIES:VARIOUS SPECIAL EVENTS 402.86 763 42 HVAC REPAIRS: CIVIC CENTER 577.17 PLUMBING REPAIRS: VARIOUS PARKS 575 37 PLUMBING SRVCS & REPAIRS VAR PAR 275.67 PLUMBING SRVCS & REPAIRS: VAR PAR 448 56 PLUMBING SRVCS & REPAIRS: VAR PAR 354 56 Splash Pad Improvements: Margarita Prk 4,650.00 Civic Center - Heating System Repair 811.00 PLUMBING SRVCS & REPAIRS: VAR PAR 331.00 PLUMBING SRVCS & REPAIRS: VAR PAR 507.77 PLUMBING SRVCS & REPAIRS: VAR PAR 210.00 HVAC REPAIRS: COMMUNITY REC CENT 1,603.00 HVAC REPAIRS: TVM CHAPEL 1,305.00 11,849.10 186240 12/07/2017 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 196.00 196.00 186241 12/07/2017 020105 CUMBERBATCH, JAMAL TCSD INSTRUCTOR EARNINGS 525.00 525.00 186242 12/07/2017 003272 DAISY WHEEL RIBBON CO .INC MISC TONER & INK FOR PRINTERS. 898.18 DBA CIV CTR MISC TONER & INK FOR PRINTERS: CIV 1,540 18 2,438.36 186243 12/07/2017 005766 DATA BUSINESS SYSTEMS INC 2017 1099 tax forms finance dept Oty 483 32 483.32 186244 12/07/2017 008943 DEPT OF GENERAL SERVICES 5120 - OAH SVCS -NON STATE (DGS) 186245 12/07/2017 003945 DIAMOND ENVIRONMENTAL SRVCS 186246 12/07/2017 004192 DOWNS ENERGY FUEL & LUBRICANTS PORTABLE RESTROOM RENTALS: VAIL RANCH PA PORTABLE RESTROOM RENTALS:LONG PORTABLE RESTROOM RENTALS: RIVEF PORTABLE RESTROOM RENTALS: LASE 5.915 00 5.915 00 5596 55.96 80.96 55.96 FUEL FOR CITY VEHICLES. LAND DEV 70 76 FUEL FOR CITY VEHICLES. TCSD FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES PUBLIC WOR FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES PLANNING & FUEL FOR CITY VEHICLES BLDG & SAFI FUEL FOR CITY VEHICLES POLICE DEP 186247 12/07/2017 019681 EJK CORPORATION PET WASTE BAGS VARIOUS PARKS 465.13 731 06 629.67 188.05 137 90 168 30 31 31 248.84 2,44236 1.507 56 1.50756 Page3 apChkLst Final Check List 12/07/2017 11.21.29AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check 4 Date Vendor Description Amount Paid Check Total 186248 12/07/2017 020363 ELKS OF THE USA REFUND SEC DEP:GYMNASIUM:CRC 200.00 200.00 186249 12/07/2017 001056 EXCEL LANDSCAPE INC IRRIGATION REPAIRS VARIOUS 214.21 214.21 MEDIANS 186250 12/07/2017 020362 FERREIRA. YSABELLA REIMB SISTER CITY VISIT 28,01 28 01 186251 12/07/2017 001511 FIELDMAN ROLAPP & ADVISORY SVC CIVIC CTR PRIVATE 6,511.50 6,511 50 ASSOCIATES 186252 12/07/2017 016780 FIELDTURF USA. INC. RET RELEASE: PW15-08 92,312.61 CREDIT MEMO ADJ PER CONTRACT ITE 186253 12/07/2017 016436 FRICK, TRACY REIMB SISTER CITY -40.307.46 52.005 15 279.65 279 65 186254 12/07/2017 018858 FRONTIER CALIFORNIA, INC DEC INTERNET SVCS EOC 135.80 NOV INTERNET SVCS:THEATER 186255 12/07/2017 013076 GAUDET. YVONNE M. TCSD INSTRUCTOR EARNINGS 14698 262 78 369.60 369 60 186256 12/07/2017 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Planning 39.34 INC Office Supplies: Planning 164 93 186257 12/07/2017 005664 GOSCH TOW NG & RECOVERY TOWING SERVICES TEM POLICE 230 00 186258 12/07/2017 019721 GOVCONNECTION. INC VVFi hardware lifecycle repl public old 204.27 230 00 13.099 68 13,099.68 Page4 apChkLst Final Check List 12/0712017 11:21:29AM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 186260 12/07/2017 000186 HANKS HARDWARE INC Description Amount Paid Check Total MISC SMALL TOOLS & EQUIP PWCIP 70.67 MAINT SUPPLIES. OTTT 12.98 MAINT SUPPLIES: LIBRARY 20.97 MAINT SUPPLIES: CRC 3.05 MAINT SUPPLIES: CRC 21.61 MAINT SUPPLIES: CIVIC CTR 11.95 MAINT SUPPLIES: CIVIC CTR 21.72 MAINT SUPPLIES: CIVIC CTR 94.06 MAINTENANCE SUPPLIES: VAR PARKS 240.84 MAINTENANCE SUPPLIES: VAR PARKS 67.17 MAINTENANCE SUPPLIES: VAR PARKS 49.36 MAINTENANCE SUPPLIES: VAR PARKS 31.24 MAINTENANCE SUPPLIES: VAR PARKS 69.42 HARDWARE SUPPLIES - STA 12 34.76 HARDWARE SUPPLIES - STA 12 17.39 HARDWARE SUPPLIES - STA 84 121.71 MAINTENANCE SUPPLIES: VAR PARKS 52.07 MAINTENANCE SUPPLIES: VAR PARKS 14.44 MAINTENANCE SUPPLIES:PW STREET C 27.81 MAINTENANCE SUPPLIES'.PW STREET C 22.76 SM TOOLS/EQUIP CRC 65.18 MAINTENANCE SUPPLIES:PW STREET C 52.13 MAINTENANCE SUPPLIES:PW STREET C 8.68 Misc small tools & equip pw land dev 11.61 MAINTENANCE SUPPLIES VAR PARKS 11.07 MAINT SUPPLIES: IWTCM 26.59 MAINT SUPPLIES CIVIC CTR 6.51 MAINT. SUPPLIES CIVIC CTR 11.75 MAINTENANCE SUPPLIES:PW STREET C 70.57 MAINTENANCE SUPPLIES: VAR PARKS 13.57 MAINTENANCE SUPPLIES: VAR PARKS 27.90 MAINT SUPPLIES CRC 30.11 MAINTENANCE SUPPLIES VAR PARKS 17 18 MAINTENANCE SUPPLIES VAR PARKS 43 46 MAINT SUPPLIES. CRC 21 17 MAINT SUPPLIES. CIVIC CTR 18 79 MAINTENANCE SUPPLIES: VAR PARKS 79.37 MAINTENANCE SUPPLIES: VAR PARKS 308 35 MAINTENANCE SUPPLIES VAR PARKS 5 05 MISC SMALL TOOLS & EQUIP: PWCIP 152.24 HARDWARE SUPPLIES - STA 12 134.14 MAINT SUPPLIES: CIVIC CTR 22.82 MAINT SUPPLIES: CIVIC CTR 130.48 MAINT SUPPLIES CRC 11 94 MAINT SUPPLIES IWTCM 89.14 MAINT SUPPLIES IWTCM 5209 Pages apChkLst Final Check List 12/0712017 11:21:29AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Pald Check Total MAINT SUPPLIES OTTT MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: PW STREET C MAINTENANCE SUPPLIES: VAR PARKS MAINT SUPPLIES CIVIC CTR MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS 186261 12/07/2017 014167 HELIO POWER, INC. PREV MAINT TO SOLAR PANELS: GARAGE 31.54 130.37 -130.37 10693 19.36 48 81 39 40 47 81 103 30 104 87 2.929 89 1.490.00 1,490 00 186262 12/07/2017 020364 HENSON, KRISTINA REFUND:CREDIT:RM RENTAL:LIBRARY 36.00 36.00 RM A 186263 12/07/2017 010530 I P C INDUSTRIES INC EQUIP RENTAL CODE ENFORCEMENT 136 13 136.13 186264 12/07/2017 000820 K R W &ASSOCIATES ENG PLAN CHECK & REVIEW: PW 900 00 900 00 186265 12/07/2017 001091 KEYSER MARSTON CREDIT OVER CONTRACT AMOUNT -25 00 ASSOCIATES INC PROPOSED ALTAIR SP FISCAL IMPACT 3.360 00 3,335.00 186266 12/07/2017 015328 KROHN, DAVE CATERING SVCS:BREAKFAST 3.963 25 3,963.25 W/SANTA 12/9 186267 12/07/2017 019508 LARRY WALKER ASSOCIATES. OCT ENV COMPLIANCE SRVCS: LAND 1,020.00 1,020.00 INC. DEV 186268 12/07/2017 019722 LEKOS ELECTRIC, INC. NOV INSTALL T TRAFFIC SIGNAL: P W 15-11 TS 186269 12/07/2017 010987 LUDWIG. PERRY PLAYGROUND SAFETY INSPECT CERT COURSE 186270 12/07/2017 013982 M C 1 COMM SERVICE 186271 12/07/2017 014365 MAILFINANCE, INC. 186272 12/07/2017 017427 MATCHETT, VIVIAN 186273 12/0712017 018675 MDG ASSOCIATES. INC. 12,146.70 12,146.70 280.36 280 36 NOV XXX -0346 GENERAL USAGE 33 57 NOV XXX -0714 GEN USAGE: PD MALL AL 35.22 68 79 12/14-03/13/18 POSTAGE 1.224.94 1.224.94 METER LEASE TCSD INSTRUCTOR EARNINGS 436 80 TCSD INSTRUCTOR EARNINGS 327 60 764.40 JUL '17 CDBG ADMIN SVCS 5,163 75 5,163 75 Paget apChkLst Final Chetk List 12/07/2017 11:21:29AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Description 186274 12/07/2017 016314 MICHAEL BAKER INTL INC OCT PLAN REVISIONS PARK & RIDE. PA/06-09 186275 12/07/2017 012962 MILLER. MISTY Amount Paid Check Total 1.295 21 1 .295 21 TCSD INSTRUCTOR EARNINGS 319 20 TCSD INSTRUCTOR EARNINGS 186276 12/07/2017 004040 MORAMARCO. ANTHONY J. GRAPHIC DESIGN:ACTIVITY GUIDE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 186277 12/07/2017 020368 MORENO, CANDACE REFUND:CREDITONACCTTCSD 186278 12/07/2017 017089 MORRIS-HOPKINS. BROOKE 186279 12/07/2017 001986 MUZAK LLC 186280 12/07/2017 002925 NAPA AUTO PARTS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 239.40 558.60 1.800 00 189 00 441 00 577 50 3,007.50 40 00 40.00 525.00 700.00 14000 17500 7000 1,610.00 DEC DISH NETWORK PRGM.41952 6TH 65 11 ST DEC DISH NETWORK PRGM FOC 151.27 216.38 MISC SUPPLIES PW STREET MAINT 20.22 20.22 DIV 186281 12/07/2017 019816 NEW HORIZONS LEARNING EXCEL 2016 TRAINING:INFO TECH GROUP 186282 12/07/2017 014391 NICHOLS. KELLIE D TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 186263 12/07/2017 019839 O'CONNOR, DENISE TCSD INSTRUCTOR EARNINGS 3.400 00 3,400.00 201 60 453 60 252 00 226.80 453.60 226 80 478.60 2,293 20 3500 35.00 186284 12/07/2017 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: HR 85 80 DIV OFFICE SUPPLIES: HR 73 40 OFFICE SUPPLIES: HR 19 02 OFFICE SUPPLIES. FINANCE 17.06 OFFICE SUPPLIES: FINANCE 49.36 OFFICE SUPPLIES: HR 8.22 OFFICE SUPPLIES: HR 3.93 OFFICE SUPPLIES:PWCIP 90.25 347.04 Page 7 apChkLst Final Check List 12/07/2017 11:21:29AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 186285 12/07/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS PARKS 367.87 MAINT CITY VEHICLE MAINT SVCS:PARKS MAIN 755 66 CITY VEHICLE MAINT SVCS:PARKS MAIN 105.97 CITY VEHICLE MAINT SVCS:LAND DEV 4444 CITY VEHICLE MAINT SVCS:LAND DEV 323.51 CITY VEHICLE MAINT SVCS LAND DEV 417.12 2,014.57 166286 12/07/2017 002105 OLD TOWN TIRE 4 SERVICE CITY VEHICLE MAINT SVCS:PARK 80.40 80 40 RANGER 186287 12/07/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS CODE ENF 37.59 37.59 186288 12/07/2017 020260 OM OFFICE SUPPLY INC MONITOR & SPEAKER BAR LIFECYCLE REPLC I 166289 12/07/2017 008871 ORIGINAL WATERMEN. INC LIFEGUARD UNIFORMS:AQUATICS 186290 12/07/2017 002600 PACIFIC STRIPING INC REPAINTING OF TRAFFIC STRIPING: CITYWIDE BILLADJ/REPAINTING OF TRAFFIC STRII REPAINTING OF TRAFFIC STRIPING:WN( 186291 12/07/2017 019093 PEREZ. FRANK REIMB:CDBG TECHNICAL WRKSHPS 11/30 186292 12/07/2017 010338 POOL & ELECTRICAL PRODUCTS INC CHEMICAL SUPPLIES: SPLASH PAD & POOLS CHEMICAL SUPPLIES SPLASH PAD & PO 6,040 00 6,040.00 621 49 621.49 160.188 94 30.50 5.490 10 165.709.54 80.79 80 79 188.57 80.86 CHEMICAL SUPPLIES:SPLASH PAD & PO 193.66 463 09 186293 12/07/2017 011549 POWER SPORTS UNLIMITED VEHICLE MAINT & REPAIR POLICE 1.062 10 MOTORS VEHICLE MAINT & REPAIR POLICE MOT, 586.20 1.648.30 186294 12/07/2017 020171 PREMIER POOLS AND SPAS REFUND PERMIT 256.17 256.17 CANCELLED:B17-2562 186295 12107/2017 005075 PRUDENTIAL OVERALL OCT UNIFORM/FLR MTS/TWL 693 62 693.62 SUPPLY RENTALS:CITY FAC 186296 12/07/2017 020127 QUINN COMPANY EMERGENCY GENERATOR 2,763.87 2,763.87 REPAIR FOC 186297 12/07/2017 019432 RCC CHAMBER SINGERS CHRISTMAS CAROLERS:TEAM PACE 250.00 250.00 12/13 166298 12/07/2017 003591 RENES COMMERCIAL MANAGEMENT WEEDABATEMENT:NADA LANE R -0-W 3,675.00 3,675.00 PageB apChkLst Final Check List 1210712017 11:21:29AM CITY OF TEMECULA Page: 9 Bank: union UNION BANK ;Contnued; Chock N Date Vendor Description Amount Pald Check Total 186299 12/0712017 014027 RIVERSIDE CO ECO DEV OCT -DEC '17 STAFFING LIBRARY 41.860 00 41.860.00 AGENCY 186300 12707/2017 000406 RIVERSIDE CO SHERIFFS 09114/17-10/11/17 LAW ENFORCEMENT 2.082.319 52 2.082,319 52 DEPT 186301 12/07/2017 012251 ROTH. DONALD J TCSD INSTRUCTOR EARNINGS 56.00 56.00 186302 12/07/2017 013375 RUSSO. ERICA REIMB STAFF TRAINING MATERIALS 6808 68 08 186303 12/07/2017 004274 SAFE 8 SECURE LOCKSMITH LOCKSMITH SRVCS PBSP 94.65 LOCKSMITH SRVCS PBSP 124 65 219 30 186304 12/07/2017 008404 SAFE CHECKS ACCTS PAYABLE CHECKS:FINANCE 1,374.64 1,37464 186305 12/07/2017 017699 SARNOWSKI, SHAWNA. M PHOTOGRAPHER:DUCK POND TREE 150.00 PRESTON LIGHTING 11! PHOTOGRAPHY:SISTER CITY 11130 150.00 PHOTOGRAPHY SRVCS.PU'ESKA MTN D 150 00 450.00 186306 12/07/2017 013695 SHRED -IT US JV, LLC DOCUMENT SHRED 54.72 SRVCS:TEMECULA POLICE DOC COLLECTION & SHRED SRVCS:CIT 173.18 227.90 186307 12107!2017 009746 SIGNS BY TOMORROW MISC SIGNAGE:TWAS THE 153 43 153.43 LIGHTS. CHRISTMAS 186308 12/07/2017 015235 SMOKE GUARD CALIFORNIA. ELEVATOR FIRE CURTAINS MAINT INC. CIVIC CTR 1,500 00 1,500 00 Page9 apChkLst Final Check List 12/07/2017 11:21:29AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK Check # Date Vendor 186310 12/07/2017 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total NOV 2-29-295-3510:32211 WOLF VLY 1,064.89 RD NOV 2-29-224-0173:32364 OVERLAND TR 1,620.58 NOV 2-00-397-5042:43200 BUS PARK DR 3,127.07 NOV 2-31-282-0665:27407 DIAZ RD PED 23.88 NOV 2-31-419-2873:43000 HWY-395 23.21 NOV 2-35-164-3770:43487 BUTTERFIELD 25.60 NOV 2-35-164-3663:42335 MEADOWS PK' 24.26 NOV 2-35-164-3515:32932 LEENA WAY 24.26 NOV 2-35-164-3242:44270 MEADOWS PK' 23.99 NOV 2-29-657-2787:41638 WINCHESTER 23.07 NOV 2-29-807-1093:28079 DIAZ RD PED 23.48 NOV 2-29-807-1226:28077 DIAZ RD PED 23.48 NOV 2-31-031-2616:27991 DIAZ RD PED 23.76 NOV 2-29-953-8249:46497 WOLF CREEK I 28.89 NOV 2-29-953-8082:31523 WOLF VLY RD 29.97 NOV 2-39-732-3171:41997 MARGARITA RI 26.32 NOV 2-25-393-4681:41951 MORAGA RD 526.36 NOV 2-00-397-5067:TCSD SVC LEV C 2,030.31 NOV 2-28-904-7706:32329 OVERLAND TR 145.63 NOV 2-21-981-4720:30153 TEM PKWY TPI 21.30 NOV 2-30-520-4414:32781 TEM PKWY LS: 1,087.11 NOV 2-35-403-6337:41375 MCCABE CT 738.95 NOV 2-35-664-9053:29119 MARGARITA R[ 684.88 NOV 2-18-937-3152:28314 MERCEDES Si 618.30 NOV 2-19-171-8568:28300 MERCEDES Si 395.61 NOV 2-29-933-3831:43230 BUS PARK DR 1,485.00 NOV 2-31-536-3481:41902 MAIN ST 169.18 NOV 2-31-536-3655:41904 MAIN ST 339.87 NOV 2-34-333-3589:41702 MAIN ST 24.21 NOV 2-02-351-4946:41845 6TH ST 1,183.79 NOV 2-32-903-8293:41000 MAIN ST 13,982.74 NOV 2-31-912-7494:28690 MERCEDES S1 1,520.59 NOV 2-29-223-8607:42035 2ND ST PED 485.26 NOV 2-31-536-3226:28690 MERCEDES Si 1,217.62 NOV 2-35-707-0010:33451 S HW' -79 PED 48.28 NOV 2-14-204-1615:30027 FRONT ST RDI 35.63 186311 12/07/2017 000537 SO CALIF EDISON TEMP PWR:ULT. INTRCHG PW04-08 #300234 32,877.33 437.00 437.00 Page:10 apChkLst Final Check List 12/0712017 11:21:29AM CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check 11 Date Vendor 186312 12/07/2017 001212 SO CALIF GAS COMPANY 186313 12107/2017 000519 SOUTH COUNTY PEST CONTROL INC Description Amount Paid Check Total NOV 098-255-9828-8:29119 MARGARITA 58.59 RD NOV 129-535-4236-7:41000 MAIN ST 602 06 NOV 129-582-9784-3:43230 BUS PARK DF 59.42 NOV 133-040-7373-043210 BUS PARK DF 18.90 NOV 091-024-9300-5:30875 RANCHO VIS- 1.724.62 NOV 101-525-0950-0:28816 PUJOL ST 34.21 NOV 026-671-2909.8.42051 MAIN ST 53.11 NOV 028-025-1468-3 41375 MCCABE CT 19.80 NOV 021.725-0775-4:41845 6T1-1 ST 81.92 OCT 196-025-0344-3.42081 MAIN ST 63.04 NOV 181-383-13881-6:28314 MERCEDES c 38.70 NOV 117-188-6393-6:32131 S LOOP RD 26.17 NOV 101-525-1560-6:27415 ENTERPRISE 80.12 PEST CONTROL SRVCS PBSP 70 00 NOV PEST CONTROL SRVCS:CITY FACII 822.00 PEST CONTROL SRVCS:WOLF CREEK P, 49.00 186314 12/07/2017 016257 SPICERS PAPER. INC WHITE COPY PAPER CENTRAL 4.078 70 SERVICES 2.860 66 941 00 4,078.70 186315 12/07/2017 000293 STADIUM PIZZA INC REFRESHMENTS HUMAN SERVICES 35 77 REFRESHMENTS WINTER WONDERLAN 99 96 135.73 186316 12/07/2017 002366 STEAM SUPERIOR CARPET CARPET CLEANING TVE2 250.00 250.00 CLEANING 186317 12/07/2017 011424 STONE CREEK BIBLE CHURCH REFUND:SEC DEP RM RENTAL CRC 200.00 200.00 186318 12/07/2017 003840 STRONGS PAINTING PAINT & REPAIR 3,200.00 SRVCS C. MUSEUM/SNACK BAR PAINTING SRVCS:NICOLAS PK/MEADOIA 2,000.00 5.200.00 186319 12/07/2017 013387 SWEEPING UNLIMITED INC NOV SWEEPING SRVCS PARKING 540.00 540.00 GARAGE 186320 12/07/2017 010924 T & 0 COMMUNICATIONS. INC. GENERAL CABLING SERVICES:CRC 2.240.27 2.240 27 186321 12/07/2017 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:TEMECULA 79.61 LLC POLICE VEH REPAIR & MAINTTEMECULA POLICI 292 68 VEH REPAIR & MAINT.TEMECULA POLICE 80 10 186322 12/07/2017 004209 TEMECULA SUNRISE ROTARY OCT -DEC BUS BENCH PLACEMENT & 2,093 75 FOUND MAINTPW 186323 12/07/2017 010276 TIME WARNER CABLE DEC HIGH SPEED INTERNET:LIBRARY DEC HIGH SPEED INTERNET:41000 MAIN 593.32 452 39 2,093.75 4,226.91 4.820.23 Page 11 apChklst Final Check List 12107!2017 11:21 :29AM CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor Description 186324 12/07/2017 019100 TNT ENTERTAINMENT GROUP DJ & SOUND SRVCS:HOLIDAY PARADE LLC 12/1 Amount Paid Check Total 1,87500 1 875 00 186325 12/07/2017 013474 TOWN & COUNTRY TOWING TOWING SERVICES: TEM POLICE 75 00 TOWING SERVICES TEM POLICE 75 00 150 00 186326 12/07/2017 000161 TYLER TECHNOLOGIES, INC EDEN RENEWAL:INFO TECH 46.480 22 46.480 22 186327 12/07/2017 017579 U.S HEALTHWORKS MEDICAL PRE-EMPLOYMENT SCREENINGS- HR 253 00 253.00 186328 12/07/2017 008977 VALLEY EVENTS, INC MISC RENTALS DUCK POND TREE 299 00 299 00 LIGHTING 111 186329 12/07/2017 000319 VARSITY BRANDS HOLDING FIELD SUPPLIES:SPORTS 5.192 83 5.192 83 CO, INC 186330 12/07/2017 014486 VERIZON WIRELESS 186331 12/07/2017 006248 WALKER, JESSICA 186332 12/07/2017 007987 WALMART 10/16-11/15 BROADBAND SVCS CITYWIDE TCSD INSTRUCTOR EARNINGS OFFICE SUPPLIES:TCC SUPPLIES:C MUSEUM SUPPLIES:C. MUSEUM SUPPLIES:CU LTU RAL ARTS 2.279.07 2.279.07 565.60 565.60 10096 115.34 204 67 161.67 582.84 186333 12/07/2017 003730 WEST COASTARBORISTS INC 10/9-10/17 TREE MAINTLIBRARY 3,691 00 10/16-31/17 EMERG TREE MAINTVAR SL' 1.203 00 10/16-31/17 TREE MAINT:ROW TREES 9,967.00 10/16-31/17 TREE MAINTPARKS & MEDIA 8,274.00 10/16-31/17 TREE MAINTMPSC 1,483.00 10/16-31/17 TREE MAINTPARKS & MEDIA 1,579 00 26 197 00 186334 12107/2017 004567 WITCHER ELECTRIC REPLACE THREE -POLE PUMP 210 00 STARTER:DUCK PON INSTALL CONTROL BOX PAT BIRDSALL I 350 00 560 00 186335 12107/2017 018871 WONDER SCIENCE TCSD INSTRUCTOR EARNINGS 546.00 186336 12/07/2017 016864 WOOD, RANDY 1001932 12/01/2017 020365 AVINA, BERNICE 1001933 12/01/2017 020366 FRANCZYK. REBECCA TCSD INSTRUCTOR EARNINGS 546.00 UNIFORM REIMBURSEMENT REFUND. SEC DEP: RM RENTAL:TCC REFUND:SEC DEP RM RENTAL.CRC 13832 150 00 1,092.00 138 32 150 00 200 00 200 00 Page:12 apChkLst Final Check List 1210712017 11:21:29AM CITY OF TEMECULA Page: 13 Bank : union UNION BANK (Continued) Check # Data Vendor Description Amount Paid Check Total 1001934 12/0112017 020367 ZIEHL, SHERI REFUND:BIGFOOTS EPIC VIDEO 10.00 10.00 GAME Grand total for UNION BANK: 3,191,021.72 Page:13 apChkLst Final Check List 12/0712017 11:21:29AM CITY OF TEMECULA Page: 14 128 checks in this report Grand Total All Checks: 3.191.021 72 Page 14 apChkLst 12/14/2017 Final Check List Page: 1 9:35:OOAM CITY OF TEMECULA Bank : union UNION BANK Check tJ Date Vendor 3564 11/09/2017 006887 UNION BANK OF CALIFORNIA 020371 INSTANTCHECKMATE COM 008956 PANERA BREAD 000747 AMERICAN PLANNING ASSOCIATION 000912 CITY CLERKS ASSN OF CALIF 007282 AMAZON.COM, INC 020370 BEENVERIFIED COM 007282 AMAZON COM. INC 3594 12/14/2017 010349 CALIF DEPT OF CHILD SUPPORT 3595 12)14/2017 017429 COBRA ADVANTAGE INC.. DBA: FLEX ADVANTAGE 3596 12/14/2017 000194 I C M A RETIREMENT -PLAN 303355 3597 12/14/2017 000444 INSTATAX (EDO) 3598 12/14/2017 000283 INSTATAX (IRS) 3599 12/14/2017 000389 NATIONWDE RETIREMENT SOLUTION 3600 12/14/2017 001065 NATIONWIDE RETIREMENT SOLUTION 3601 12/14/2017 019088 NATIONWIDE RETIREMENT SOLUTION 3602 12/08/2017 000245 PERS - HEALTH INSUR PREMIUM 3603 12/14/2017 000246 PERS (EMPLOYEES' RETIREMENT) 3604 12/13/2017 000621 WESTERN RIVERSIDE NOV 17 TUMF PAYMENT COUNCIL OF Description Amount Paid Check Total LW MEMBERSHIP: WATSON, LUKE LW RFSHMNTS MTG WITH CONSULTANTS 10/4 LW REGISTRATION: FISK, STUART 10/19 LW WORKSHOP REGIS JACOBO. D 10/19 LW OFFICE SUPPLIES: PLANNING LWMEMBERSHIP: LANKENAU, S LWOFFICE SUPPLIES FOR PLANNING SUPPORT PAYMENT REIMBURSEMENT FSA PAYMENT I C MA RETIREMENT TRUST 457 PAYMENT STATE TAXES PAYMENT FEDERAL TAXES PAYMENT OBRA - PROJECT RETIREMENT PAYMENT NATIONWIDE RETIREMENT PAYMENT NATIONWIDE LOAN REPAYMENT PAYMENT PERS HEALTH PAYMENT PERS HEALTH PAYMENT PERS RETIREMENT PAYMENT 83.47 120 21 30 00 200.00 8712 52.45 47 92 621 17 1,008.45 1,008.45 21,399.08 21,399 08 8.724.82 8.724 82 25,092.58 25,092.58 93.055.74 93.055 74 2,929.32 2.929 32 12.374 49 12.374 49 442 44 442.44 112, 827.59 0.00 112,827 59 96,050 59 96,050.59 17,746 00 17,746.00 Page 1 apChkLst Final Check List 12114/2017 9:35:00AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 3605 12/11/2017 005460 U $ BANK RDA '06 B BONDS DEBT SRVC ADJ 223 40 223.40 PMT 3606 12/11/2017 005460 U S BANK RDA '07 BONDS DEBT SRVC ADJ PMT 1.221 47 1.221 47 3607 12/11/2017 005460 U S BANK RDA'07 BONDS DEBT SRVC PMT 718.309.78 718,309.78 3608 12/11/2017 005460 U S BANK RDA'06 B BONDS DEBT SRVC PMT 134,890.35 134,890.35 186337 12114/2017 007186 AB MAILING SOLUTIONS MAILING SVCS THEATER MID SEASON 1.400.00 1.400 00 MAILER 186338 12/14/2017 014170 AHERN RENTALS INC BOOM LIFT RENTAL. DUCK POND 1.335.98 1.335.98 186339 12/14/2017 015217 AIRGAS. INC. GAS FOR DRY ICE 14.68 14.68 EXPERIMENTS:PPW 186340 12/14/2017 003951 ALL AMERICAN ASPHALT ASPHALT PRODUCTS: CITYWIDE 560 82 560 82 186341 12114/2017 006915 ALLIES PARTY EQUIPMENT EQUIPMENT RENTAL PUESKA MTN 1,037.86 1,037.86 EVENT 186342 12/14/2017 005037 AMERICAN ASPHALT SOUTH 'BILLING ADJUSTMNT XTRA WORK -168,468.33 INC NOT SEP RESIDENTIAL SLURRY SEAL PW17 355,772.78 187,304.45 186343 12/14/2017 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS:TEMECULA 21000 (AFN) POLICE PHLEBOTOMY SRVCS:TEMECULA POLIC 345 00 555.00 186344 12/14/2017 000936 AMERICAN RED CROSS CERTIFICATION MATERIALS:AQUATICS 60.00 60.00 186345 12/14/2017 019914 ASSOCIATE MECHANICAL HVAC MAINTENANCE: STATION 73 825 00 825.00 186346 12/14/2017 018941 AZTEC LANDSCAPING, INC. NOV RESTROOMS SHELTERS MAINT: 7,329 74 7.329.74 VAR PARKS 166347 12/14/2017 017149 B G P RECREATION. INC. TCSD INSTRUCTOR EARNINGS 623 70 TCSD INSTRUCTOR EARNINGS 812.70 1,436.40 186348 12/14/2017 011666 B P S TACTICAL INC TACTICAL BALLISTIC VEST 511.13 511.13 COVERS:POLICE 186349 12/14/2017 011954 BAKER 8 TAYLOR INC BOOK COLLECTIONS LIBRARY 280.47 BOOK COLLECTIONS LIBRARY 14.66 295.13 Page2 apChkLst Final Check List Page: 3 12/14/2017 9:35:OOAM CITY OF TEMECULA Bank : union UNION BANK {Continued' Check # Date Vendor Description Amount Paid Check Total 166350 12/14/2017 005716 BIRTH CHOICE OF TEMECULA FY 17-18 COMMUNITY SVC FUNDING INC 186351 12/14/2017 012583 BLANCAY PRICE SEP LDSCP PLAN CK & INSPECT SVCS 186352 12/14/2017 017115 BUREAU OF OFFICE AUG TRANSCRIPTION SERVICES. INC SRVCS TEMECULA POLICE 186353 12/14/2017 020369 CACHAT, MICHAEL REFUND:OUIMBY FEES PAI D: B 17-1007, 2559 186354 12/14/2017 009640 CERTIFION CORPORATION DEC ONLINE DATABASE SBSCPTN POLICE 186355 12/14/2017 003775 CHAPARRAL HIGH SCHOOL '17 HOLIDAY PARADE BAND STIPEND 12/1 186356 12/14/2017 020296 CIVIC, LLC CITY PUBLIC MOBILE APP INFO TECH 5 000 00 5.000 00 7.195 00 7,195.00 1956 1958 3.12070 3,120 70 150.00 150 00 300.00 300.00 11,000.00 11.000 00 186357 12/14/2017 018719 CM SCHOOL SUPPLY INC SUPPLIES PPW 87 75 87.75 186358 12/14/2017 020240 COLLABORATIVE LEARNING REFUND SEC DEP:RM RENTAL:TCC 200 00 200.00 186359 12/14/2017 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 24 00 24.00 CHARITIES. C/O WELLS FARGO PAYMENT BANK 186360 12/14/2017 020373 COMPTON HIGH SCHOOL '17 HOLIDAY PARADE BAND STIPEND 300 00 300 DO BAND 12/1 186361 12/14/2017 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: VAR PARKS 23 25 23.25 DIST. 186362 12/14/2017 004329 COSTCO TEMECULA #491 SUPPLIES'TVM 3824 3824 186363 12/14/2017 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 436 80 TCSD INSTRUCTOR EARNINGS 308 00 TCSD INSTRUCTOR EARNINGS 369 60 1.11440 186364 12/14/2017 010650 CRAFTSMEN PLUMBING & install tankless water healer theater HVAC INC 186365 12/14/2017 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 4980 00 4.98000 357.00 357.00 Page:3 apChkLst 12/14/2017 9:35:00AM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor 186366 12:14,2017 003272 DAISY WHEEL RIBBON CO ,INC DBA 186367 12/14/2017 001393 DATA TICKET. INC. 186368 12/14/2017 012600 DAVID EVANS & ASSOCIATES INC 186369 12/14/2017 003945 DIAMOND ENVIRONMENTAL SRVCS 186370 12/14/2017 019720 DIVERSIFIED WATERSCAPES, INC. 186371 12/14/2017 018247 DOKKEN ENGINEERING 186372 12/14/2017 013939 DOROTHY MCELHINNEY MIDDLE SCH 186373 12/14/2017 004192 DOWNS ENERGY FUEL & LUBRICANTS 186374 12/14/2017 002390 EASTERN MUNICIPAL WATER DIST 186375 12/14/2017 016839 EHS INTERNATIONAL, INC. 186376 12/14/2017 004829 ELLISON WILSON ADVOCACY LLC Description Amount Paid Check Total Misc toner & ink For pnnters:civic OCT PARKING CITATION PROCESSING. POLICE 9/24-10/28/17 DSGN SVCS PW17-07 PORTABLE RESTROOMS: ELECTRIC PARADE PORTABLE RESTROOMS: ELECTRIC PAF BARRICADES ELECTRIC PARADE FENCING & BARRICADES ELECTRIC PA PORTABLE RESTROOM RENTALS:GOH6 NOV WATER QUALITY MAINT:DUCK POND:HARV SEPT DSGN SVCS: PW17-22 '17 HOLIDAY PARADE BAND STIPEND 1211 FUEL FOR CITY VEHICLES BLDG & SAFETY FUEL FOR CITY VEHICLES TCSD FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES PUBLIC WOF FUEL FOR CITY VEHICLES PUBLIC WOF FUEL FOR CITY VEHICLES TRAFFIC DIV FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES LAND DEV FUEL FOR CITY VEHICLES POLICE DEP' NOV WATER METER 32131 S LOOP RD DCDA NOV WATER METER.32131 S LOOP RD 8 NOV WATER METER 32131 S LOOP RD L WC SAFETY CONSULTANT RISK MGMT DEC STATE LOBBYING SVCS CITY MGR 186377 12/14/2017 000164 ESGIL CORPORATION OCT PLAN CK SVCS BLDG & SAFETY 1.379 46 200 00 3.625 00 1.375 01 196 77 1.435 00 2.950 00 6013 6,766 00 10,922 00 200.00 298.74 187 96 68.42 1,015.21 741 66 146.97 262.46 97.18 108.19 54 63 125.91 624 95 437 50 3.500 00 1 379 46 200 00 3.625.00 6,016.91 6,766.00 10,922 00 200 00 2,926 79 805 49 437 50 3,500.00 31,736.66 31.736.66 Page4 apChkLst 12/14/2017 9:35:OOAM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 186378 12/14/2017 001056 EXCEL LANDSCAPE, INC. 186379 12/14/2017 017432 EYEMED VISION CARE 186380 12/14/2017 019469 FALCON ENGINEERING SERVICES 186381 12/14/2017 009953 FEDERAL CLEANING CONTRACTORS 186382 12/14/2017 000165 FEDERAL EXPRESS INC 186383 12/14/2017 003747 FINE ARTS NETWORK 186384 12/14/2017 016436 FRICK. TRACY 186385 12/14/2017 018858 FRONTIER CALIFORNIA. INC. 186386 12/14/2017 016184 FUN EXPRESS. LLC 186387 12/14/2017 000177 GLENNIES OFFICE PRODUCTS INC 186388 12/14/2017 010028 GOFORTH & MARTI 186389 12/14/2017 009608 GOLDEN VALLEY MUSIC SOCIETY 186390 12/14/2017 005664 GOSCH TOWING & RECOVERY Description Amount Paid Check Total Irrigation Repairs: Various Locations IRRIGATION REPAIRS VARIOUS SLOPE: VISION PLAN PAYMENT CONST MGMT SVC WINCHESTER RD PW10-13 DEC JANITORIAL SRVCS:POLICE MALL OFFICE 11/16-11/22 EXP MAIL SVCS CLERK & PLAN 11/28 EXP MAIL SVCS CITY CLERK 11/29 EXPRESS MAIL SVCS POLICE 11/2 EXP MAIL SVCS CIP TICKET SALES ADVANCE. NUTCRACKER BALLET SISTER CITY VISIT - TEMECULA THEATER DEC INTERNET SVCS LIBRARY DEC INTERNET SVCS:LIBRARY DEC INTERNET SVCS:SKATE PARK DEC INTERNET SVCS. FIRE STN #95 SUPPLIES HUMAN SVCS SUPPLIES: HUMAN SVCS SUPPLIES:HIGH HOPES Misc Office supplies Code Enforcement MISC OFFICE SUPPLIES. WORKFORCE MISC OFFICE SUPPLIES: CITY CLERK MISC OFFICE SUPPLIES: CITY CLERK Office Supplies. Planning MISC. OFFICE SUPPLIES: CITY CLERK Install furniture at Library: pw tip CREDIT: WORK HAS NOT BEEN COMPLE STTLMNT AN ENGLISH CHRISTMAS 12/2/17 STTLMNT: CLASSICS @ THE MERC - NO` TOWING SERVICES TEM POLICE TOWING SERVICES TEM POLICE TOWING SERVICES. TEM POLICE 1.274 00 3,051.32 1,216.45 1,890.00 922 50 52.80 20.31 19.72 166 92 1000000 24000 7 42 7.42 41.94 122.38 55 97 226.06 261.40 48.34 60.23 6 22 219.53 191 96 1487 124.368.06 -62.184 06 2.562 27 234 50 240 00 230 00 230 00 4.325.32 1.216 45 1,890.00 922.50 259.75 10,000.00 240.00 179.16 543 43 541.15 62.184.00 2.796.77 700.00 Page 5 apChkLst Final Chock List 12/1412017 9:35:OOAM CITY OF TEMECULA Pape: 6 Bank : union UNION BANK (Continued) Check # date Vendor Description Amount Paid Check Total 186391 12/14/2017 003792 GRAINGER MISC STAGE SUPPLIES: THEATER 186392 12/14/2017 008444 GREAT OAK HIGH SCHOOL '17 HOLIDAY PARADE BAND STIPEND 12/1 186393 12/14/2017 015451 GREATAMERICA FINANCIAL SVCS NOV LEASE FOR 16 COPIERS:CITY HALUOFF-S NOV LEASE FOR 18 COPIERS:CITY HALL 126.92 126.92 300.00 300.00 291.45 1,351.02 NOV LEASE FOR 6 COPIERS:LIBRARY 793.89 2,436.36 Page apChkLst 1211412017 9:35:00AM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK Check # Date Vendor 186394 12/14/2017 000186 HANKS HARDWARE INC (Continued) Description Amount Paid Check Total HARDWARE SUPPLIES - STN 73 BC 4.89 HARDWARE SUPPLIES: STA 95 341.18 HARDWARE SUPPLIES - STA 92 127.47 MAINT SUPPLIES TVM -3.46 MAINTENANCE SUPPLIES VAR PARKS 37.02 HARDWARE SUPPLIES - STN 73 BC 15.21 HARDWARE SUPPLIES. STA95 91.73 HARDWARE SUPPLIES: STA 95 120.16 HARDWARE SUPPLIES: STA 95 278.07 HARDWARE SUPPLIES: STA95 67.14 HARDWARE SUPPLIES: STA95 49.97 HARDWARE SUPPLIES - STA 12 30 44 MAINT SUPPLIES-HARVESTON LK PK 84.26 MAINT SUPPLIES-HARVESTON LK PK 18.31 MAINT SUPPLIES-HARVESTON LK PK 39.10 MAINT SUPPLIES CIVIC CTR 22 69 MAINT SUPPLIES: CIVIC CTR 13.02 MAINT SUPPLIES: CMC CTR 49.77 MAINT SUPPLIES: CIVIC CTR 54.88 MAINT SUPPLIES: MAINT FAC 59 22 MAINT SUPPLIES IWTCM 30.20 MAINT SUPPLIES IWTCM 7.06 MAINT SUPPLIES IWTCM 14 31 MAINTENANCE SUPPLIES VAR PARKS 35.24 MAINTENANCE SUPPLIES. VAR PARKS 40.23 MAINTENANCE SUPPLIES VAR PARKS 85 36 MAINTENANCE SUPPLIES VAR PARKS 372.19 MAINTENANCE SUPPLIES VAR PARKS 13.02 MAINT SUPPLIES OLD TOWN 37.99 MAINT SUPPLIES OLD TOWN 70 19 MAINT SUPPLIES. OLD TOWN 49.57 MAINT SUPPLIES: OLD TOWN 31.66 MAINT SUPPLIES. CIVIC CTR 19.55 MAINT SUPPLIES: TVM 55.44 MAINT SUPPLIES. CIVIC CTR 11.94 MAINTENANCE SUPPLIES: PW STREET C 365.08 MAINT SUPPLIES-HARVESTON LK PK 37.82 MAINT SUPPLIES: CIVIC CTR 8.68 MAINT SUPPLIES: CIVIC CTR 59.85 MAINT SUPPLIES: CIVIC CTR 15.46 MAINT SUPPLIES: CIVIC CTR 3.19 MAINT SUPPLIES: CIVIC CTR 21.08 MAINT SUPPLIES: IWTCM 34.55 MAINT SUPPLIES: IWTCM 6 07 MAINTENANCE SUPPLIES: VAR PARKS 18.47 2.946 27 Page:7 apChkLst Final Check List 12/1412017 9:35:OOAM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check 4 Date Vendor 186395 12/14/2017 003198 HOME DEPOT, THE Description Amount Paid Check Total TRAINING SUPPLIES BC/STATIONS 186396 12/14/2017 018602 HORIZON SOLAR POWER 80% REFUND:PERMIT CANCELLED:B17-2063 186397 12/1412017 017334 HOUSE OF AUTOMATION INC BAY DOOR REPAIR: STATION 84 BAY DOOR REPAIR: STATION 84 BAY DOOR REPAIR: STATION 84 186398 12/14/2017 019903 IMS INFRASTRUCTURE PAVEMENT MGMNT PROGRAM: MANAGEMENT PW17-01 305 21 30521 115.68 115.68 1,415 00 485 00 198 00 2.098 00 43,487 75 43.487.75 186399 12114/2017 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS 40 00 40.00 PAYMENT 186400 12/14/2017 012945 LABELLE- MARVIN INC MATERIALS TESTING SRVCS: 17-03 22.990 00 22.990.00 186401 12/14/2017 017946 LANDRUM, KAREN TCSD INSTRUCTOR EARNINGS 910.00 910.00 186402 12/14/2017 019722 LEKOS ELECTRIC, INC. OCT INSTALL T TRAFFIC SIGNAL: 5,514.75 5,514.75 PW15-11TS 186403 12/14/2017 003782 MAIN STREET SIGNS SIGNS AND SUPPLIES: 536.05 536.05 RIGHT-OF-WAYS 186404 12/14/2017 000217 MARGARITA OFFICIALS ASSN OFFICIATING ADULT 4,329.00 4,329.00 SOFTBALL:SPORTS 186405 12/1412017 018675 MDG ASSOCIATES. INC OCT CDBG ADMIN SVCS 6,480.00 OCT CDBG ADMIN SVCS 8,650.00 15.130 00 186406 12/14/2017 015259 MERCURY DISPOSAL Household Battery Recycling Program 215.84 215 84 SYSTEMS. INC Page 8 apChkLst Final Check List Page: 9 12/1412017 9:35:00AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor 186407 12/14/2017 015955 METRO FIRE & SAFETY, INC. 186408 12/14/2017 018314 MICHAEL BAKER INTL INC. (Continued) Description Amount Pald Check Total annual fire ext services:var facilities ANNUAL FIRE EXT SVC: PARKS ANNUAL FIRE EXT SVC: SNACK BARS & ANNUAL FIRE EXT SVC: SAFE, PANTRY ANNUAL FIRE EXT SVC: PARK GRG & PC ANNUAL FIRE EXT SVC.RON ROBERTS 1 ANNUAL FIRE EXT SVC. CRC ANNUAL FIRE EXT SVC: IWTCM ANNUAL FIRE EXT SVC: CODE ENFORCE FIRE EXTINGUISHER SRVC: CIVIC CENT ANNUAL FIRE EXT SVC: TVM ANNUAL FIRE EXT SVC: MPSC ANNUAL FIRE EXT SVC: CIVIC CTR ANNUAL FIRE EXT SVCOLD TOWN THE/ ANNUAL FIRE EXT SVC: TVE2 ANNUAL FIRE EXT SVC: SPORTS PARK ANNUAL FIRE EXT SVC: FOC OCT DSGN SVCS PW17-04 ENG SUPPORT SVCS: PW04-08 OCT DSGN & ENVIRON SVCS PW17-05 186409 12/14/2017 013443 MIDWEST TAPE LLC BOOKS/COLLECTIONS:LIBRARY 186410 12/14/2017 004043 MISSION ELECTRIC SUPPLY. INC 3655 181 76 19062 7806 615 63 47.40 199 22 27.65 32 60 23 70 89 60 200 27 369 39 19461 223 24 19 75 78 02 624 00 1,612 00 540.00 55.56 LAMPS AND BALLAST: LIBRARY 6949 2,608.07 2,77600 55.56 ELECTRICAL SUPPLIES CIVIC CENTER 142 14 LAMPS AND BALLAST LIBRARY 425.98 LAMPS AND BALLAST LIBRARY 958.39 ELECTRICAL SUPPLIES: CIVIC CENTER 441 41 LAMPS AND BALLAST LIBRARY 591.37 2.628 78 186411 12/14/2017 001868 MIYAMOTO-JURKOSKY. SUSAN TCSD INSTRUCTOR EARNINGS 283.50 ANN TCSD INSTRUCTOR EARNINGS 315 00 598 50 186412 12/14/2017 017956 MONOPRICE INC. AUDIO VISUAL SUPPLIES -INFO TECH 96 99 96.99 186413 12/14/2017 019019 MUSIC CONNECTION LLC STTLMNT: SPEAKEASY AT THE MERC 478 10 478 10 12/09 186414 12/14/2017 017861 MYTHOS TECHNOLOGY INC DEC IT MONITORING SRVCS: TVE2 100 00 100.00 186415 12/14/2017 018099 NATIONAL SAFETY DOT TESTING HR 266.85 266 85 COMPLIANCE Page9 apChkLst Final Check List 12/14/2017 9:35:00AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK Check # Date Vendor 186416 12/14/2017 001323 NESTLE WATERS NORTH AMERICA (Continued) Description Amount Paid Check Total 10/23-11/22 WATER DLVRY SVCS: TVE2 46.19 10-23-11/22/17 WATER DELIV SVC: PBSP 61.26 10/23-11/22 WTR DELIV SVC: CITY MGR 27.32 10/23-11/22 WTR DELIV. SVC: SKATE PAR 8 61 10/23-11/22 WTR DELIV. SVC: THEATRE 45.06 10/23-11/22 WTR DELIV. SVC: LIBRARY 85.51 10/23-11/22 WTR DELIV. SVC: IWTCM 18 13 10/23-11/22/17 WTR DELIV SVC TCC 28 21 10/23-11/22117 WTR DELIV SVC: CRC 80.22 10/23-11/22/17 WTR DELIV. SRV: TVM 31.16 10/23-11/22/17 WTR DELIV SVC: FOC 160.21 10/23-11/22/17 WTR DELIV SVC. MRC 51 50 10/23-11/22 DRINKING WATER.AQUATICS 6.51 186417 12/14/2017 019816 NEW HORIZONS LEARNING EXCEL 2016 TRAINING:INFO TECH 1.700.00 GROUP 11/29 EXCEL 2016 TRAINING INFO TECH 11/27 1,700.00 186418 12/14/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:BLDG & 37.59 SAFETY CITY VEHICLE MAINT SVCS:BLDG & SAF 54.78 CITY VEHICLE MAINT SVCS:BLDG & SAF 649 89 3400 00 798.63 89100 186419 12/14/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW 757.78 STREET MAI NT CITY VEHICLE MAINT SVCS:PW STREET 6.64 CITY VEHICLE MAINT SVCS:PW PARKS A 780.69 CITY VEHICLE MAINT SVCS:PW PARKS M1 47.70 CITY VEHICLE MAINT SVCS:PW PARKS A 341.42 1.934 23 166420 12/14/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:POLICE 321.65 321.65 186421 12/14/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:BLDG & 76.47 76 47 SAFETY 186422 12/14/2017 019851 ORTIZ ENTERPRISES. INC 186423 12/14/2017 019711 OWEN GROUP, INC . OWEN PRGS PMT # 5:/-15/SR 79S ULT 848,072.48 848.072.48 INTRCHG OCT ADA TRANSITION PLAN UPDATE 25.340 75 25.340 75 DESIGN GROUP SRVCS PW 186424 12/14/2017 019502 PACIFIC CONSTRUCTION REFUND SEC DEP RM RENTAL CONF 200 00 200 00 ANALYSTS CTR NB 186425 12/14/2017 016585 PACIFIC PLAY SYSTEMS. INC. PLAYGROUND PARTS: MARGARITA 190 00 190 00 PARK 186426 12/14/2017 007197 PALOMA VALLEY HIGH SCHOOL '17 HOLIDAY PARADE BAND STIPEND 12/1 300 00 300 00 Page 10 apChkLst Final Check List 12/14/2017 9:35:OOAM CITY OF TEMECULA Page: 11 Bank : union UNION BANK Check 4 Date Vendor (Continued) Description Amount Paid Check Total 186427 12/14/2017 019334 PARK CONSULTING GROUP, NOV CONSULTING & ENTERPRISE INC SRVCS I.T. 186428 12/14/2017 011737 PERLMUTTER PURCHASING USB PWR BANKS & CHRG CABLE POWER ADAPTERS:PD 186429 12/14/2017 000249 PETTY CASH 186430 12/14/2017 000249 PETTY CASH 186431 12/14/2017 020377 PHOENIX PATRIOT FOUNDATION 186432 12/14/2017 017431 PLIC - SBD GRAND ISLAND 71500 711500 1.228 79 1,226 79 PETTY CASH REIMBURSEMENT 586 56 586 56 PETTY CASH FOR CRC 50 00 50.00 FY 17/18 COMMUNITY SERVICE 1.000 00 1,000.00 FUNDING DENTAL INSURANCE PAYMENT 10.472 22 10,472.22 186433 12/14/2017 010338 POOL & ELECTRICAL CHEMICALS AND SUPPLIES: VAR PRCDUCTS INC POOLS 186434 12/14/2017 011549 POWER SPORTS UNLIMITED 2 MOTORCYCLE PURCH:TEMECULA PD 186435 12/14/2017 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT INC 186436 12/14/2017 012904 PROACTIVE FIRE DESIGN NOV FIRE PLAN REVIEW SRVC: PREVENTION 186437 12/14/2017 005075 PRUDENTIAL OVERALL NOV UNIFORMS/FLR SUPPLY MATS:PARKS/CIVIC CNTR 188.57 188.57 61,337 36 61,337.36 342 85 342.85 8,856.40 8.856.40 590.78 590.78 186438 12/14/2017 018831 RADEECAL, INC NEW MOTORCYCLE VEHICLE 1,358.13 1.358.13 WRAPS -TEM PD 186439 12/14/2017 000262 RANCHO CALIF WATER DISTRICT 186440 12/14/2017 002412 RICHARDS WATSON & GERSHON 186441 12/14/2017 017391 RISE INTERPRETING. INC. 186442 12/14/2017 000267 RIVERSIDE CO FIRE DEPARTMENT '17 HOLIDAY PARADE OVERALL AWARD 12/1 200.00 200 00 OCT 2017 LEGAL SERVICES 156,919.29 BILLING ADJ /OCT 2017 LEGAL SRVCS 720 00 ASL INTERPRETATION SERVICE HR 177 45 8/21 ASL INTERPRETATION SERVICE:HR 10/1 160 00 FPARC-TM. 232797, 17-18, Q1 1,277,925 48 157,639 29 337 45 1,277,925.46 Page 11 apChkLst Final Check List 12/14/2017 9:35:OOAM CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 186443 12/14/2017 000406 RIVERSIDE CO SHERIFFS SEPT-OCT'17 EXTRA DUTY YOUTH DEPT COURT 186444 12/14/2017 017446 ROSE AGAIN FOUNDATION FY 17/18 COMMUNITY SERVICE FUNDING 186445 12/14/2017 009980 SANBORN. GWYNETH A. 186446 12/14/2017 017699 SARNOWSKI. SHAVVNA, M PRESTON 186447 12/14/2017 015364 SEASIDE ICE, LLC 186448 12/14/2017 008529 SHERIFF'S CIVIL DIV - CENTRAL 186449 12/14/2017 009213 SHERRY BERRY MUSIC 379 10 379.10 5.000.00 5.000 00 COUNTRY LIVE' @ THE MERC 1218 258.75 COUNTRY LIVE' (B THE MERC 12/2 591.75 PHOTOGRAPHER HOLIDAY PARADE 150.00 1211 PHOTOGRAPHER:MAYOR'S BREAKFAST 150.00 PARTIAL PMT/ICE RINK SET UP:'17 10,506.25 WNTR SEA PARTIAL PMT/ICE RINK SET UP '17 WNTF 6.012 50 WAGE GARNISHMENT PAYMENT 50 00 850 50 300 00 16.518 75 50 00 JAZZ @ THE MERC 12/7 521 00 JAZZ S THE MERC 11/30 560.00 1.081 00 186450 12/14/2017 003506 SHIVELA MIDDLE SCHOOL '17 HOLIDAY PARADE BAND STIPEND 200.00 200 00 BAND 12/1 186451 12/14/2017 009746 SIGNS BY TOMORROW SIGN POSTING SERVICES:PLANNING DEPT SIGN POSTING SERVICES:PLANNING DE BANNER DATE PATCH CITYWIDE CLEAN SIGN POSTING SERVICES: PLANNING DE 186452 12/14/2017 015674 SJ LINKING SYSTEMS RADIO RENTALS HOLIDAY PARADE 1211 212.75 425.50 79.60 1,489 25 2.207 10 730 00 730 00 Pagel2 apChkLst 12/14/2017 9:35:DOAM Final Check List CITY OF TEMECULA Page: 13 Bank : union UNION BANK (Continued) Check # Date Vendor 186453 12/14/2017 000537 SO CALIF EDISON Description Amount Paid Check Total NOV 2-29-974-7899.26953 YNEZ RD LS3 175 86 NOV 2-29-479-2981:31454 TEM PKWY TC 117 66 NOV 2-31-031-259028301 RANCHO CAL 19 11 NOV 2-29-657-233245538 REDWOOD RD 2672 NOV 2-29-953-8447:31738 WOLF VLY RD 26.59 NOV 2-31-936-3511:46488 PECHANGA PK 53.16 NOV 2-29-657-2563:42902 BUTTERFIELD 212.81 NOV 2-29-458-7548:32000 RANCHO CAL 259.02 NOV 2-25-350-5119:45602 REDHAWK PKV 29.01 NOV WATER METER:31777 DEPORTOLA 26.59 NOV 2-30-220-8749:45850 N WOLF CREE 450 08 NOV 2-27-560-0625:32380 DEERHOLLOA 3.780 26 NOV 2-02-502-8077:43210 BUS PARK DR 349.21 NOV 2-28-629-0507:30600 PAUBA RD 5,923.81 NOV 2-31-404.6020'28771 OT FRONT ST 1.282.44 NOV 2-39-737-1063:42061 MAIN ST 41 54 NOV 2-39-043-8521:29028 OT FRONT ST 24.50 NOV 2-36-531-7916:44205 MAIN ST PED 119 97 NOV 2-27-805-3194 42051 MAIN ST 3.090 16 NOV 2-35-421-1260:41955 4TH ST LS3 16.51 NOV 2-05-791-8807:31587 TEM PKWY LS: 9,443.47 186454 12/14/2017 001212 50 CALIF GAS COMPANY NOV 091-085-1632-0:41951 MORAGA/POOL 25,468 48 197.24 197.24 186455 12/14/2017 002503 SOUTH COAST AIR QUALITY FY 17/18 OPERATING FEES: STN 84 111 83 186456 12/14/2017 000519 SOUTH COUNTY PEST CONTROL INC 186457 12/14/2017 012652 SOUTHERN CALIFORNIA FLAT FEE FOR LAST FY EMISSIONS FEE 133 83 PEST CONTROL SERVICES: STA 92 42 00 PEST CONTROL SERVICES STA 95 80.00 DEC GEN USAGE 0141,0839,2593,9306 566 70 186458 12/14/2017 009379 SOUTHWEST WOMEN'S "18TH ANN'L CHRISTMAS IN THE AIR" CHORUS 12/2-3 186459 12/14/2017 013351 SPECIAL OLYMPICS SO CALIF FY 17/18 COMMUNITY SERVICE INC FUNDING 186460 12/14/2017 005786 SPRINT OCT 26 - NOV 25 CELLULAR USAGE/EQUIP 245.66 122.00 566.70 1,231 60 1,231 60 2.500 00 2,500.00 4,389 98 4.389 98 186464 12/14/2017 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT 8,412.44 8,412.44 COMPANY 186465 12/14/2017 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE COMPANY PAYMENT 1,050.70 1.050.70 Page 13 apChkLst 1 211 4/2 01 7 9:35:00AM Final Check List CITY OF TEMECULA Page: 14 Bank : union UNION BANK Check # Date Vendor 186466 12/14/2017 008337 STAPLES BUSINESS ADVANTAGE 186467 12/14/2017 003000 STATE WATER RESOURCE CONTROL 186468 12114/2017 012789 STUART, JENNIFER SARAH 186469 12/14/2017 003599 T Y LIN INTERNATIONAL 186470 12/14/2017 001547 TEAMSTERS LOCAL 911 186471 12/14/2017 010061 TEMECULA OLIVE OIL COMPANY 186472 12/14/2017 016532 TEMECULA VALLEY ALANO CLUB 186473 12114/2017 006884 TEMECULA VALLEY CHAMBER 166474 12/14/2017 000311 TEMECULA VALLEY HIGH SCHOOL 186475 12/14/2017 005970 TEMECULA VALLEY PLAYERS 186476 12/14/2017 003508 THOMPSON MIDDLE SCHOOL 186477 12/14/2017 019500 TOWARD MAXIMUM INDEPENDENCE 186478 12/14/2017 017430 TRANSAMERICA LIFE INSURANCE CO 186479 12/14/2017 019301 TURNER, CHARISS 186480 12/14/2017 019795 TUSKER SURPLUS METALS (Continued) Description Amount Paid Check Total OFFICE SUPPLIES:LAND DEV OFFICE SUPPLIES.FINANCE OFFICE SUPPLIES.PD OLD TOWN STORI OFFICE SUPPLIES:TCSDADMIN 10/1/17-9/30/18 NPDES PERMIT FEE TCSD INSTRUCTOR EARNINGS 10/1-27/17 CONSULT SRVCS:F V. PKWY/I-15 UNION DUES PAYMENT SPEAKER RECOGN. WORKFORCE DEV REFUND SEC DEP: RM RENTAL. TCC FY17/18 3RD QTR OPERATING AGRMNT:ECODEV '17 HOLIDAY PARADE BAND STIPEND 12/1 "A CHRISTMAS CAROL" 11/30-12/10/17 '17 HOLIDAY PARADE BAND STIPEND 12/1 FY 17/18 COMMUNITY SERVICE FUNDING TRANSAMERICA ACCIDENT ADVANTAGE PAYMENT REIMBURSEMENT FOR THEATER HOSPITALITY WELDING SUPPLIES STATION 95 WELDING SUPPLIES: STATION 95 186481 12/14/2017 002185 U.S. POSTAL SERVICE POSTAL SVCS:THEATER MID-SEASON MAILER 52.21 132.76 140.67 81 31 35, 577.00 4.811 04 75,156.27 5,087 00 240 00 200.00 33,75000 300.00 32,457 09 200 00 2,000 00 3.066.68 116.16 1,499.26 142.46 406.95 35.577.00 4,811 04 75,15627 5,087.00 240.00 200.00 33,750.00 300.00 32,457.09 200.00 2,000.00 3.066.68 116.16 1.641.72 2.313.96 2,313.96 Page. 14 apChkLst Final Check List Page: 15 12/14/2017 9:35:OOAM CITY OF TEMECULA Bank : union UNION BANK Check AI Date Vendor (Continued) Description Amount Paid Check Total 186482 12/14/2017 007766 UNDERGROUND SERVICE NOV UNDERGROUND UTILITY ALERT LOCATOR ALERTS:P 186483 12/14/2017 012549 UPODIUM VEHICLE MAINT SUPPLIES STA 92 VEHICLE MAINT SUPPLIES STA 12 VEHICLE MAINT SUPPLIES STA 92 186484 12/14/2017 008977 VALLEY EVENTS, INC. MISC RENTALS:HOLIDAY PARADE 12/1 186485 12/14/2017 018514 VISTA VERDE MIDDLE SCHOOL '17 HOLIDAY PARADE BAND STIPEND 12/1 186486 12/14/2017 020372 WL BUTLER CONSTRUCTION, REFUND:ENG GRAD DEF LD16-4005 INC. 186487 12/14/2017 007987 WALMART SUPPLIES & MISC ITEMS:HUMAN SERVICES SUPPLIES:C. MUSEUM REC SUPPLIES CRC SUPPLIES:HIGH HOPES 196 45 196 45 138.76 116.69 178.49 433 94 4,14225 4.142 25 200.00 200 00 20.500.00 20.500.00 431 37 92 51 212 56 125.48 186488 12/14/2017 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES CIVIC CENTER 1.701 40 CLEANING SUPPLIES:CIVIC CENTER 186489 12/14/2017 003730 WEST COAST ARBORISTS INC 11/1-15/17 TREE MAINT:PARKS & MEDIANS 11/16-30/17 EMERG TREE MAINT. VAR SLI 11/1-15/17 TREE MAINT HARV.LAKE 11/1-15/17 TREE MAINT CRC 11/16-30/17 TREE MAINT:PARKS & MEDIA 11/1-15/17 TREE MAINT WOODCREST CC 11/16-30/17 TREE MAINT:HARV.LAKE 11/1-15/17 TREE MAINTCITYVNDE ROW 186490 12/14/2017 013286 WEST SAFETY SERVICES. INC DEC 911 ENTERPRISE SVCS: IT 186491 12/14/2017 008402 WESTERN RIVERSIDE NOV 2017 MSHCP PAYMENT COUNTY 186492 12/14/2017 004567 WITCHER ELECTRIC 1001935 12/06/2017 018572 SOLCIUS LLC 1001936 12/06/2017 018572 SOLCIUS LLC 1001937 12/07/2017 020374 CARLI, TED 861.92 184 26 1,88566 4.290 00 800.00 445 00 1.830 00 1,540.00 4,984 00 2,697 00 6.833.00 23.419 00 300 00 300 00 10.976 00 10,976 00 INSTALL CONTACTORS & 595 00 TIMERS-HARVESTON PK ELECTRICAL IMPROVEMENTS: MAIN ST 6.780 00 7.375 00 REFUND:DUPL PERMIT:617-3653 98 80 98 80 REFUND:DUPL PERMIT:617-3653 137.00 137 00 REFUND SEC DEP:RM RENTAL:TCC 200.00 200.00 Page 15 apChkLst Final Check List 12/14/2017 9:35:00AM CITY OF TEMECULA Page: 16 Bank : union UNION BANK (Continued) Check # Date Vendor 1001938 12/07/2017 020189 HERBST, MELISSA 1001939 12/07/2017 020375 PITTS, CORI 1001940 12/07/2017 020376 YOONKER. JANITA Description Amount Paid Check Total REFUND: CREDIT ON ACCT TCSD 105 00 105 00 REFUND HAWAIIAN TAHITIAN DANCE 38 00 38 00 REFUND SEC DEP:PICNIC 200 00 200.00 RENTAL HARVESTON Grand total for UNION BANK: 4.492.997 89 Page 16 apChkLst 12/1412017 9:35:00AM Final Check List CITY OF TEMECULA Page: 17 175 checks in this report. Grand Total All Checks. 4.492.997 89 Page:17 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 9, 2018 SUBJECT: Approve the City Treasurer's Report as of November 30, 2017 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of November 30, 2017. BACKGROUND: Govemment 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 Califomia 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 November 30, 2017. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of November 30, 2017 Investments City of Temecula, California Portfolio Management Portfolio Summary November 30, 2017 Par Market Book % of Value Value Value Portfolio Term City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92590 (951)694-6430 Days to YTM YTM Maturity 380 Equiv. 365 Equiv. Managed Pool Accounts Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments Cash Passbook/Checking (not included in yield calculaf,onsi Total Cash and Investments Total Eamings Current Year Average Daily Balance Effective Rate of Return 48.080,581.25 48.060.561.25 48.060,561.25 42.03 1 1 0.971 0 984 601,098.83 601.098.83 601,098.83 0.53 1 1 0.148 0.150 1.00 1.00 1.00 0.00 1 1 0.000 0.000 34.686,034.96 34,652,808.20 34 686,034.96 30.33 1 1 1.156 1.172 22.000.000 00 21.808,870.00 22.000,000.00 19.24 1.300 875 1.503 1 524 9.000,000.00 8.949,180.00 9.000,000.00 7,87 1,020 395 1.272 1 290 114,347,696.04 114,072,319.28 114,347,696.04 100.00% 331 200 1.149 1.165 1.803 887 86 1.803.887 86 1.803.887 86 1 1 0.000 0 000 116,151,583.90 116,876,207.14 November 30 Month Ending 103.846.91 115,586,013.33 1.09% Reporting period 11/01/2017-11/30/2017 Run Date. 12/20/2017 - 10:00 Fatal Year To Data 526,654.48 120,424,141.63 1.04% 116,151, 583.90 331 200 1.149 1.166 Portfolio TEME CP PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2017 Balance Purchase CUSIP Investment it Issuer Balance Dab Per Value Managed Pool Accounts Page 1 Stated YTM YTM Days to Maturity Market Value Book Value Rate 360 385 Maturity Date 233358006-6 01-2 REF RES First Amer Govt Oblig Fund C1 506.220.41 506,220.41 506,220.41 0.940 0.927 0.940 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund CI 69,198.91 89,198.91 69,198.91 0.940 0.927 0.940 1 278213009-6 03-02 COI First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund CI 1,139.305 88 1,139,305.88 1,139.305.88 0.940 0.927 0.940 1 276213006-6 03-02 RES First Amer Govt Oblig Fund CI 743,393.46 743,393.46 743,393.48 0,940 0.927 0.940 1 164741008-6 03-03IMP First Amer Govt Oblig Fund CI 298.485.08 298,485.06 298,485.08 0.940 0.927 0.940 1 184741006-6 03-03RES First Amer Govt Oblig Fund CI 391.97 391.97 391.97 0.940 0.927 0.940 1 184741000-6 03-03SPEC First Amer Govl Odic Fund CI 194.257.26 194,257,28 194.257,28 0.940 0.927 0.940 1 184742000-6 03-06SPEC First Amer Govt Oblig Fund CI 13,855.33 13,855.33 13,655.33 0.940 0.927 0.940 1 229482007-6 03-1 2012 RF First Amer Govt Oblig Fund CI 07/01/2017 41.45 41.45 41.45 0.940 0.927 0.940 1 229482009-8 03-1 COI First Amer Gov( Odig Fund CI 07/31/2017 13.559 74 13,559.74 13,559.74 0.940 0.927 0.940 1 229462006-6 03-1 RESERV First Amer Govt Odig Fund CI 07/31/2017 17,262.61 17,282.61 17,262.61 0,940 0,927 0.940 1 229482000-6 03-1 SPECF First Amer Govt Obis) Fund CI 07/3112017 22.290.68 22,290.68 22,290.68 0.940 0.927 0.940 1 94669921-6 03-1ACG11 First Amer Govt Oblig Fund CI 0 00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Odig Fund CI 000 0.00 0,00 0,000 0.000 1 94669917-6 03-1RES First Amer Govt Oblig Fund CI 07/01/2017 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1RESB11 First Amer Govt Obkg Fund C( 0.00 0.00 0.00 0.000 0.000 1 94669000.6 03-1SPTAX11 First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund CI 08/01/2017 2.781.53 2,781,53 2,781.53 0,940 0.927 0.940 1 276213000-6 03-2 SPEC First Amer Govl 0bt g Fund CI 4.993.11 4,993.11 4,993.11 0.940 0.927 0.940 1 94686001-0 03-4ADMIN11 First Amer Govl Oblig Fund 0 511.61 511.61 511.61 0.940 0.927 0.940 1 94686005-6 03-4PREPI1 First Amer Govl Oblig Fund CI 13 08 13.08 13.08 0.920 0.907 0.920 1 94686000-6 03-4RE011 First Amer Govt 0Uig Fund CI 31.870.98 31,870.98 31,870.98 0.940 0,927 0.940 1 94686006-6 03-4RES11 First Amer Govt Oblig Fund CI 34,075.90 34,075.90 34,075.90 0.940 0.927 0.940 1 276213022-6 18-01 BOND F First Amer Govl Oblig Fund CI 08/01/2017 12.602.86 12,602.86 12.602.86 0.940 0.927 0.940 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund 0 0.00 0,00 0,00 0,870 0,858 0.870 1 278213029-6 16.01 001 First Amer Govt Oblig Fund 0 0.00 0.00 0.00 0.000 0.000 1 276213028-6 16-01 IMP First Amer Govt Oblig Fund CI 6441 063.04 6,441,083.04 6,441,063.04 0.940 0.927 0.940 1 276213026-6 16-01 RESERV First Amer Govt Obtg Fund CI 3.160.080.71 3,180,080.71 3,180.080.71 0.940 0.927 0.940 1 278213020-6 16-01 SPECF First Amer Govt Oblig Fund CI 07/01/2017 2.333.23 2.333.23 2.333.23 0.940 0.927 0.940 1 233358009-6 233358009-6 First Amer Govt °Nig Fund 0 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT First Amer Govt Odig Fund CI 116.68 116.68 116.68 0.940 0.927 0.940 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund CI 79.47 79.47 79.47 0,940 0.927 0.940 1 107888000-6 RDA-08AINT First Amer Govt Odig Fund 0 68.90 86.90 68.90 0.940 0.927 0.940 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund CI 07/01/2017 40.58 40.58 40.58 0.940 0.927 0.940 1 107888010-6 RDA06BINT First Amer Govt 0114 Fund CI 221.94 221.94 221.94 0.940 0.927 0.940 1 Run Gate: 12/20/2017 - 10:00 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Report Ver. 7 3 6 1 GUSIP Investment R Issuer Average Salaries City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2017 Purchase Date Par Value Market Value Stated Book Value Rats Page 2 YTM YTLA Days to Maturity 360 368 Maturity Date Managod Pool Accounts 107886011-6 107886016.6 107886020-6 107886021-6 107886028-6 107886026-6 136343008-6 136343018-6 136343000-6 136343001-6 136343006-6 146161000-6 146161001-6 94669902-3 94434160-1 94434161-2 136343018-2 146161008-3 146161006-3 94669921-5 94669911-5 94669917-5 94669906-5 94669916-5 94669000.5 164742006-5 164742000-5 94869902.5 94686001-5 94686005-5 94686006-5 94869917-1 276213008-1 164742006-1 229482007-1 94689911-1 Run Date: 12/2012017 - 10:00 RDA06BPRIN RDA06BRES RDA07INT RDA07PRIN RDA07PROJ RDAO7RES RDA10APROJ RDA10BPROJ RDA t DINT RDA1OPRIN RDA1ORSRV RDA11AINT RDAI IAPRIN 03-1 BOND3 RDA 02 INTI RDA 02 PRIN2 RDA 10B CIP2 RDA11APROJ RDA11ARSRV 03-01 ACQ11 03-01 ACQA11 03-01 RES 03-01 RESA11 03-01 RESB11 03-01SPTAXI1 03-06 RES 03-06 SPEC 03-1bond fd 03-4 ADMIN11 03-4 PREP11 03-4 RES 11 03-01-1 RES 03-02 IMP 03-06 RES -1 03-1 2012 RE 03-1 ACQ A2 First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Gaut Oblig Fund CI First Amer Govt Oti9 Fund CI First Amer Govt Obtig Fund CI First Amer Govt Obhg Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Obag Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblg Fund CI First Amer Govt Oblig Fund CI first Amer Govt Oblig Fund CI First American Treasury First American Treasury Fust Amencan Treasury First American Treasury Federated Institutional Tax Fr Federated Institutional Tax Fr Federated Tax Free Obligations Federaled Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tex Free Obligations Federated Tax Free Obligations CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun 07/01/2017 07/01/2017 07/01/2017 07/01/2017 07/01(2017 07/01/2017 07/01/2017 07/01/2017 1.46 202,840.41 1.213.91 7.56 211.131.57 1.108.043,95 20,088.85 5.222.596.31 157,435.39 36.32 1,266.739.34 111.09 38.50 0,00 0.00 0.00 0.00 7,331,691.20 1,315,150.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,103,984.21 312,548.22 781,370.56 0.00 1.46 202,840.41 1.213.91 7.56 211,131.57 1,108.043.95 20,088.85 5.222,596.31 157,435.39 36.32 1,266, 739.34 111.09 36.50 0.00 0.00 0.00 0,00 7,331,691.20 1.315,150.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,103,984.21 312,548.22 781, 370.56 0.00 1.46 202,840.41 1,213.91 7.56 211,131.57 1,108,043.95 20,088.85 5,222,596.31 157,435.39 36.32 1.266,739.34 111.09 38.50 a.o0 0.00 0.00 0.00 7,331,691.20 1,315,150.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,103,964.21 312,548.22 781,370.56 0.013 0.680 0.671 0.940 0.927 0.940 0.927 0.930 0.917 0.940 0.927 0.940 0.927 0.940 0.927 0.940 0.927 0.940 0.927 0.940 0.927 0.940 0.927 0.940 0.927 0.930 0.917 0.000 0.010 0.010 0.010 0.010 0.010 0.010 0.800 0.789 0.800 0.789 0.250 0.247 0.250 0.247 0.000 0.001 0.001 0.250 0.247 0.250 0.247 0.000 0.250 0.247 0.000 0.250 0.247 0.000 0.250 0.247 1.172 1.158 1.172 1.156 1.172 1.156 1.172 1.158 1.172 1.156 0.680 0.940 0.940 0.930 0.940 0.940 0.940 0.940 0.940 0.940 0.940 0.940 0.930 0.000 0.010 0.010 0.010 0.800 0.800 0.250 0.250 0.000 0.001 0.250 0.250 0.000 0.250 0.000 0.250 0.000 0.250 1.172 1.172 1.172 1.172 1.172 Portfolio TEME CP PM (PRF_PM2l 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2017 Pago 3 Average Purchase Stated YT11 YTM Days to Maturity Investment g Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 1.172 1.156 1.172 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 1.172 1.156 1.172 1 184741006-1 0303-1 RES CA Local Agency Investment Fun 1,448,344.37 1.448.344.37 1,448.344.37 1.172 1.156 1.172 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 1.172 1.156 1.172 1 107886028-1 RDA 07 RES -1 CA Loc Agency Investment Fun 0.00 0.00 0.00 1.172 1.158 1.172 1 136343018-1 RDA 108 CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 1.172 1.156 1.172 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1 00 1.00 0.000 0.000 1 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 229462020-0 03-01 CASH USBANK 07/01/2017 794.68 794.68 794.68 0.000 0.000 1 233358050-1 01-2 SPECESC U.S. Treasury 0.00 0 00 0.00 0.360 0.355 0.360 1 229462020-2 03-01 TREASB U.S Treasury 0731;2017 867.278.89 867 276 89 867,276.89 0.063 0.062 0.063 1 Subtotal and Average 48,063,983.91 46,060,56125 48,080.561.25 48,060,661.25 0.971 0.964 1 Retention Escrow Account ARMY CORPS Army Corps Union Bank Subtotal and Average 901,02411 001.098.63 601 098 83 601,098.83 0.150 0.148 0.150 1 801,008.03 601,096.83 601,098.63 0.140 0.110 1 Letter of Credit 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2017 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 SYSCITY CfTY CA Local Agency Investment Fun 10203,700.21 10.193.925.79 10,203.700.21 1.172 1.158 1.172 1 SYSRDA RDA CA Local Agency Investment Fun 1,777.91 1,778.21 1,777.91 1.172 1.156 1.172 1 SYSTCSD TCSD CA Local Agency Investment Fun 21480.558.84 24.457.106.20 24.480.556.84 1.172 1.156 1.172 1 Subtotal and Average 32,162,701.03 34,806,03410 34,662,60020 34,806,034.08 1.150 1.172 1 Federal Agency Callable Securities 3130A4G89 01207 Federal Home Loan Bank 03/24/2015 1,000.000 00 994.240.00 1,000.000.00 1.850 1.627 1.850 662 09/24/2019 3130AAME5 01226 Federal Home Loan Bank 01/30/2017 1,000,000.00 988,440.00 1,000,000.00 2.020 1.948 1.975 1.516 01/25/2022 3130AANA2 01227 Federal Home Loan Bank 01/30/2017 1.000.000.00 993.040.00 1,000.000.00 1.750 1.728 1.750 972 07/30/2020 3130AAW38 01228 Federal Home Loan Bank 03/22/2017 1,000.000.00 993,180.00 1,000,000.00 1.500 1.479 1.500 1.572 03/22/2022 3130AB3N4 01231 Federal Home Loan Bank 04/28/2017 1,000.000 00 991.350.00 1,000,000.00 1.550 1.529 1.550 697 10/29/2019 3130ABYY6 01235 Federal Horne Loan Bank 06/24/2017 1.000.000.00 987,840.00 1.000,000.00 1.750 1.728 1.750 1.181 02/24/2021 3130ACN83 01238 Federal Home Loan Bank 10130/2017 1.000.000 00 993,640.00 1.000,000.00 1.700 1.877 1.700 896 05/15/2020 Run Dale , 2(1/ (I17 - Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP Investment 8 Issuer City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2017 Page 4 Average Purchase Stated YTM YTM Days to Maturity Balance Date Par Value Market Value Book Value Rab 360 365 Maturity Date Federal Agency Callable Securities 3134G67C1 01210 Federal Home Loan Mtg Corp 06/22/2015 1.000.000.00 998,100.00 1.000.000 00 1.200 1.184 1.200 203 06/22/2018 3134G8QB8 01219 Federal Home Loan Mtg Corp 03/29/2016 1,000.000.00 993,690.00 1,000.000.00 1.270 1.253 1.270 483 03/29/2019 3134G8PP8 01220 Federal Home Loan Mtg Corp 03/30/2016 1.000.000.00 986.740.00 1.000.000.00 1.500 1.661 1.684 1.034 09/30/2020 3134GAXX7 01224 Federal Home Loan Mtg Corp 11/30/2016 1,000,000.00992,330,00 1.000,000.00 1.000 0.966 1.000 364 11/30/2018 3134GBAB8 01229 Federal Home Loan Mtg Corp 03/272017 1,000.000.00 991.180.00 1,000,000.00 1.670 1.647 1.670 847 03/27/2020 3134GBGZ9 01232 Federal Home Loan Mtg Corp 04/27/2017 1,000.000.00 990.980.00 1,000,000.00 2.000 1.964 1.991 1,518 01/27/2022 3134GBNK4 01234 Federal Home Loan Mtg Corp 05/302017 1.000.000.00 992.120.00 1.000,000.00 1.625 1.603 1.625 910 05/29/2020 3134GBL42 01237 Federal Home Loan Mtg Corp 09/28/2017 1.000.000.00 991,870.00 1,000.000.00 1.670 1.647 1.670 1.032 09/28/2020 3134GBR95 01239 Federal Home Loan Mtg Corp 10/30/2017 1,000,000.00 996,580.00 1,000.000.00 1.625 1.603 1.625 698 10/30/2019 3136G2EC7 01205 Federal National Mtg Assn 02/27/2015 1.000,000.00 994.320.00 1.000,000 00 1.300 1.282 1.300 453 02/27/2019 3136G2WT0 01216 Federal National Mtg Assn 01/2720161.000.000.00 991.660.00 1.000.000.00 1.450 1.430 1.450 787 01/27/2020 3136G2XH5 01217 Federal National Mtg Assn02/24/2016 1,000,000.00 989,960.00 1,000,000.00 1.400 1.381 1.400 815 02/24/2020 3136G3CL7 01218 Federal National Mtg Assn 03/24/2016 1,000,000.00 985.900.00 1.000,000.00 1.420 1,401 1.420 1,028 09/24/2020 3138G3TE5 01221 Federal National Mtg Assn 06/29/2016 1.000.000.00 983,820.00 1,000,000.00 1.250 1.233 1.250 941 06129/2020 3136G3X59 01222 Federal National Mtg Assn 08/23/2016 1,000,000.00 987,690.00 1,000,000.00 1.100 1.085 1.100 630 08/23/2019 Subtotal and Average 22,000,000.00 22,000,000.00 21,808,670.00 22,000,000.00 1.503 1.524 875 Federal Agency Bullet Securities 3133EDNDO 01196 Federal Farm Credit Bank 06/11/2014 1,000,000.00 999,950.00 1,000,000.00 1.200 1.179 1.195 3133EEHU7 01202 Federal Farm Credit Bank 01/14/2015 1.000.000.00 996.860.00 1,000.000 00 1.410 1.391 1.410 3133EGJ30 01225 Federal Farm Credit Bank 11/18/2016 1.000.000.00 985,310,00 1.000 000 00 1.100 1.085 1.100 3130A4AJ1 01206 Federal Home Loan Bank 02/27/2015 1.000.000.00 999,400.00 1 000,000.00 1.140 1.124 1.140 3130A5MH9 01211 Federal Home Loan Bank 08/26/2015 1,000,000.00 996,380.00 1.000.000.00 1.360 1.341 1.360 3130A8ZV8 01223 Federal Horne Loan Bank 08/23/20161.000.000 00 983.690.00 1.000 000 00 1.000 0.986 1.000 3130AAYM4 01230 Federal Home Loan Bank 03/14/2017 1.000.000 00 999.350.00 1.000,000 00 1.125 1.110 1.125 3130A8DX1 01233 Federal Home Loan Bank 05/24/2017 1,000.000.00 994,740.00 1.000,000.00 1.400 1.381 1,400 3130AC3F9 01236 Federal Home Loan Bank 08/10/2017 1,000,000.00 993,500.00 1.000.000.00 1.420 1.853 1.878 Subtotal and Average 9,000,000.00 9,000,000.00 0,949,160.00 41 01/11/2018 409 01/14/2019 717 11/18/2019 88 02/27/2018 390 12/26/2018 630 08/23/2019 103 03/14/2018 539 05/24/2019 635 08/28/2019 9,000,000.00 1.272 1.290 395 Total and Average 115,585,013.33 Run Crate 12,20/2017 - 10 00 114,347,696.04 114,072,19.26 114,347,696.04 1.149 1.165 200 Portfolio TEME CP PM (PRF PM2730 City of Temecula, California Portfolio Management Portfolio Details - Cash November 30, 2017 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balancs Dab Par Value Market Value Book Value Rate 360 365 Maturity Passbook/Chocking Accounts 1453718479 WORKERS COMP BANK OF AMERICA MERRILL LYNC 07/01/2017 14,756.42 14,756.42 14.756.42 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2017 3.261.00 3.281.00 3,261.00 0.000 0 000 1 SYSGen Ck Acct Gen Ck AcG Urvon Bank of Caiforn,a 1.780.426.44 1.780,426.44 1.780.426.44 0.000 0.000 1 SYSParking Ck PARKING CITA Un4on Bank of California 07/01/2017 5.444.00 5,444.00 5,444.00 0.000 0.000 1 Average Balance 0.00 1 Page 5 Total Cash and Investments 115,585,013.33 Run /)ate 1,_ :II In1 7 - 1t •v 116,151,583.90 115,876, 207.11 116,151,583.90 1.149 1.165 200 Portfolio TEME CP Pm ,PRF PA12 7 i_ Fund aY Fund Name 001 GENERAL FUND 002 MEASURES FUND 100 STATE GAS TAX FUND 120 DEVELOPMENT IMPACT FUND 125 PEG PUBLIC EDUCATION & GOVERNMENT 135 BUSINESS INCUBATOR RESOURCE 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 150 AB 2766 FUND 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 161 LARRY ROBINSON REWARD 165 AFFORDABLE HOUSING 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL 'R' STREETiROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 198 PUBLIC ART 210 CAPITAL IMPROVEMENT PROJECT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 277 CFD-RORIPAUGH 278 CFD-RORIPAUGH II 300 INSURANCE FUND 305 WORKER'S COMPENSATION 310 VEHICLES AND EQUIPMENT FUND 320 INFORMATION TECHNOLOGY 325 TECHNOLOGY REPLACEMENT FUND 330 CENTRAL SERVICES 340 FACILITIES 380 SARDA DEBT SERVICE FUND 460 CFD 88-12 DEBT SERVICE FUND 472 CFD 01.2 HARVESTON MB DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 478 CFD-RORIPAUGH II 502 SERVICE LEVEL'CZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL'C'ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C'ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 508 SERVICE LEVEL -IC -ZONE 6 VILLAGE GROVE 509 SERVICE LEVEL'C'ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL'C'ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL-C'ZONE 13 PRESLEY DEVELOP 514 SERVICE LEVEL"C'ZONE 14 MORRISON HOMES 515 SERVICE LEVEL'C'ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL'C'ZONE 17 MONTE VISTA 518 SERVICE LEVEL'C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C'2ONE 19 CHANTEMAR 520 SERVICE LEVEL"C'ZONE 20 CROWNE HILL 521 SERVICE LEVEL'C'ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C'ZONE 22 SUTTON PLACE 523 SERVICE LEVEL'C'ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL-C'ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL'C"ZONE 27 AVONDALE 528 SERVICE LEVEL'C'ZONE 28 WOLF CREEK 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES Grand Total: Cash and Investments Report CITY OF TEMECULA Through November 2017 Beginning Balance Receipts Disbursements Fund Total $ 32,918,656.01 $ 6,400.384.67 $ 4,819,479.62 $ 34,499,561.06 1.949.127.72 2,597.983.66 4.547.111.38 434,381.87 204,475.69 435,528.13 203,329.43 6.043.650.26 27.345.24 95,436.57 5,975,558.93 277.164.18 29,757.83 8.76 306,913.25 131.939.67 250.00 132,189.67 198,083.69 5.65 198,078.04 126.051.08 126.051.08 74,579.73 8,372.87 82,952.60 25.709.67 0.73 25,708.94 768,980.49 233.84 25,567.32 743.627.01 6,579.216.23 268,198.26 3,610,092.41 3,237,322.08 1.007,850.27 378.943 44 906,175.10 480,618.61 38,429.57 36.105.83 74,535.40 374,543.71 12,905.51 19,095.47 368,353.75 23.737.61 - 0.68 23,736.93 322,496.80 10.43 29,191.28 293,315.95 253,626.63 9,010.37 31,608.06 231,028.94 96,906.88 546.47 2.78 97,450.57 9.319.810.91 8,176.506.45 2,547,321.94 14.948.995.42 298,258.80 226.28 298,485.08 16,367,945.74 863.71 3.58 16,368.805.87 6.436,180.03 4,883.01 - 6,441,063.04 315,421.64 22,042.23 293,379.41 998,023.97 - 15,334.04 982,689.93 1.787,227.41 51.01 1,787,176.40 200,920.73 216,539.41 417,460.14 856,351.44 - 254,636.93 601,714.51 4-40.842.06 29,540.21 411,301.85 526,591.98 12,135.84 96,651.16 442,076.66 16,806,841.74 11,741.24 16,818,582.98 90,255.35 • 2.58 90,252.77 609,705.98 436.23 2,608.46 607,533.75 1,769,047.31 40.30 5,329.29 1.763,758,32 71,427.79 50 39 1,288.75 70.189.43 1.993,710.37 147.57 1,817.50 1,992,040.44 362,028.39 10.50 1,808.51 360,230.38 808,288.56 569.47 1,809.14 807,048.89 3.203.347.72 2.407.00 1,131.24 3,204,623.48 67,085.36 - 3,880.89 63,204.47 3.759.87 563.13 4.323.00 - 1,721.71 845.11 876.60 8,153.93 - 3,760.74 4,393.19 20,156.13 2,137.39 18,018.74 48.574.97 - 18,974.18 29,600.79 21,709.55 - 275.32 21,434.23 7,427.83 838.99 6,588.84 1.630.74 - 230.34 1,400.40 56,661.56 12,501.67 44,159.89 7,533.03 3,434.27 4.098 76 1.829.52 0.03 1,602.47 227.08 1,231.86 1,042.99 188.87 35,152.01 2.969.85 32,182.16 481.32 223.37 257.95 17.005.12 11,606.17 5,398.95 74.645 48 - 5,444.37 69,201.11 104,753.66 - 18,637.54 86,116.12 128,346.39 24,675.70 103,670.69 4,219.20 408.75 3,810.45 11,779.73 728.16 11,051.57 23.090.41 16,156.74 6,933.67 36,002.67 41.96 5,182.47 30.862.16 349.39 308.94 40.45 5,268.93 1,064.61 4.204.32 341,199.55 21,774.56 319,424.99 34.309.57 0.98 34.308.59 $ 115,971,439.48 $ 18,401,686.63 $ 18,496,918.97 $ 115.876,207.14 Journal Entries completed after October's Treasurer's Report was Issued are reflected in the Receipts Disbursements columns. Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 9, 2018 SUBJECT: Approve Financial Statements for the 1s' Quarter Ended September 30, 2017 PREPARED BY: Pascale Brown, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the 1s' Quarter Ended September 30, 2017; 2. Approve an increase in appropriation in Fund 135 Business Incubator in Transfer Out and Transfer In to the General Fund to close out this fund; 3. Approve a transfer of $3,000 from Overtime Wages 001.165.999.5121 to Salaries and Wages 001.163.999.5100. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the 1s` Quarter Ended September 30, 2017. Please see the attached Financial Statements footnotes for an analytical review of financial activity for each of the various funds. The appropriation is needed in Fund 135 to transfer the remaining fund balance to General Fund. The additional transfer is needed to cover Part Time Project cost in Land Development. FISCAL IMPACT: The remaining fund balance in fund 135 Business Incubator will cover the transfer needed to close out the fund. ATTACHMENTS: 1. Quarterly Financial Report Q1'17-18 2. Combining Balance Sheet as of September 30, 2017 3. Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual for the 1st Quarter Ended September 30. 2017 (General Fund, Special Revenue Funds, Capital Improvement Fund, Debt Service Fund) 4. Combining Statement of Net Position as of September 30, 2017 5. Combining Statement of Revenues, Expenses and Changes in Net Position for the 1st Quarter Ended September 30, 2017 (Internal Service Funds) 6. Statement of Net Position - Fiduciary Fund California Employee Retiree Benefit Trust (CERBT) Fund as of September 30, 2017 7. Statement of Changes in Fiduciary Net Position — Fiduciary Fund (CERBT) for the 1s` Quarter Ended September 30, 2017 Quarterly Financial Update (Q1'201 -lS Prepared by the City of Temecula Finance Department OVERVIEW The attached report summarizes the financial status of the City through September 30, 2017. The report covers all City funds and the Temecula Community Service District (TCSD). The narrative and charts below highlight current revenue and expenditure trends for the City's major funds and provide variance analyses compared to the Annual Budget. SUMMARY — GENERAL FUND The General Fund is the primary operating fund of the City, providing for public safety, public works, planning and development, building and safety, parks maintenance and general City administration. REVENUE HIGHLIGHTS: A total of 79% of General Fund revenue is generated by a variety of taxes, with the remaining 21% from user fees, franchise fees, license fees, fines and reimbursements. The major tax revenues include Sales Tax, Property Tax, Measure C Special Tax and Gas Tax funds. FY17-18 General Fund Revenue the 0-e8,1 gf .tiQ,,1h.rn Cs .+,.,,, , January 9, 2018 Through the end of the first quarter of the fiscal year, 19% of the annual budgeted revenue has been received. As Property Taxes are received in the latter half of the fiscal year, the percentage received to -date is less than the 25% mark. Sales Tax Property Tax Property Tax in lieu of VLF Vehicle License Fees Transient Occupancy Tax Measure C Gas Tax (Transfer In) Total Tax Revenue 38,100,383 8,441,989 22% 7,907,397 551,409 7% 7,721,512 0% 49,836 0% 3,289,776 910,104 28% 1,913,316 32,096 2% 1,212,442 303,111 25% 60,194,662 10,238,709 17% Franchise Fees 3,451,800 630,144 18% Departmental Revenue 4,336,866 1,157,214 27% Transfers In (excl. Gas Tax) 171,000 82,975 49% Reimbursements 2,560,251 419,574 16% Other 5,189,953 1,615,193 31% Total Revenue 75,904,532 14,143,809 19% Sales Tax revenue received through September 30t" reflects the statutory advances for sales activity occurring between July and September. The final remittance for this quarter will be received in December, due to the timing of payments made by the State Board of Equalization. Property Tax & Property Tax in Lieu of Vehicle License Fees are paid primarily in January and May of each year. To date, the City has received Property Transfer Tax related to home sales, and Unsecured Property Tax payments only. GENERAL FUND REVENUE, CONTINUED Transient Occupancy Tax (TOT) revenue reflects the 8% tax on hotel/motel stays within the City. TOT payments to date reflect payments for July, August and September, which are trending 4% higher than the prior year's actuals through September 30`h. Measure C revenue is a voter -approved special tax specified for Recreation and Parks Maintenance expenditures. 50% of the tax is recorded in the General Fund and the other 50% is recorded in the TCSD Fund. It is received along with the Property Tax in January and May of each year. The actuals to date reflect the prior year's true -up payment, related to the Teeter Plan. Franchise Fees are received from various utility companies, including Southern CA Gas, Southern CA Electric, CR&R, Frontier and Time Warner Cable Services. Each franchisee has a different payment schedule, so the actuals received to date are only a portion of what is expected for the year. GENERAL FUND EXPENDITURE HIGHLIGHTS: Total Operating Expenditures for the General Fund for the first quarter show 22% of the budget spent, excluding encumbrances. Through the first quarter of the fiscal year, a benchmark of 25% is used to measure expenditure trends. However, due to the uneven spending patterns, some departments will vary from this benchmark. Police expenditures totaled $8.4 million for the first quarter, which is 25% of their annual budget. Fire expenditures totaled $1.9 million through September 30th, which is 24% of their annual budget. City Attorney expenditures through the first quarter totaled $222k, which is 39% of their annual budget, due to higher than anticipated activity levels_ A budget adjustment may be necessary at the Mid -Year Budget Update if the higher spending trend continues. Public Works expenditures to date of $1 million reflect 17% of the annual budget. Parks Maintenance expenditures are trending slightly higher due to the seasonality of this activity, with 27% of their annual budget spent to date. Community Support expenditures include grant payments to local non -profits, most of which are distributed in the second quarter of the fiscal year. FY17-18 General Fund % Spent by Department As of 9/30/2017 Animal Control Fire Police Parks Maintenance CIP Administration Public Works Land Development Building & Safety i Planning Human Resources Finance City Attorney City Clerk rgency Management 'Economic Development City Manager Community SuFport 2IPage i in=6-gimimill IMAM SUMMARY - MEASURE 5 (VOTER -APPROVED 7% TRANSACTIONS USE TAX Measure S Revenue In November 2016, Temecula voters approved a 1% Transactions Use Tax (Sales Tax) to maintain emergency response times, prevent cuts to local public safety services, improve traffic conditions and fund other general services. The Tax became effective April 1, 2017. Collections of $6.5 million through September 30th reflect the statutory advances from the State Board of Equalization. Originally, it was anticipated that Measure S would generate $23 million in revenue per year, however actual receipts have exceeded this original estimate. Measure S Expenditures In accordance with the Measure S Appropriation Guidelines adopted by Council in February 2017, this new funding source is programmed as indicated in the chart. Additional appropriations will be considered as part of the FY2017-18 Mid - Year Budget Update, as Measure 5 revenue has exceeded the original projection. General Services, 6,428,488, 33% Measure 5 Appropriations FY2017-18 Public Safety, 4,994,180, 25% Asset Management, 845,000, 4% SUMMARY -- TEMECULA COMMUNITY SERVICES DISTRICT (TC5D) TCSD Expenditures TCSD Operations through September 30th are tracking to the annual budget, with 25% of their FY17-18 Budget spent. Some Divisions, such as Aquatics, the Community Recreation Center, Human Services and Contract Classes trend higher than the 25% benchmark due to the seasonality of the activities offered by these divisions. idiom= SO% 25% FY2017-18 TCSD % Spent by Division As of 9/30/17 IiIIIiIiuIiiIIiIIi t►` LL fid! bi 4)fp, 5re '� z' `' cf° ,, tt C!� c>'~ p`6 � 3 5UfY1Mf7Ry - OMER FUNDS Below is a summary of all City and TCSD Funds providing the unaudited Beginning Fund Balance as of July 1, 2017, the actual Revenue and Expenditure activity through September 30th, and the Ending Fund Balance as of September 30, 2017. The Affordable Housing Fund and the Internal Service Funds' balance include non -spendable assets, such as loans receivable and fixed assets. Funds Beginning Revenue & Expenditures & Ending Balance Transfers In Transfers Out Balance General Fund 33,702,743 14,143,809 17,065,583 30,780,969 Measure 5 236,202 6,495,022 6,731,224 Special Revenue Funds Gas Tax - 644,298 644,298 - Development Impact Fees 4,336,041 1,253,679 95,000 5,494,720 Public, Education & Gov't (PEG) 309,909 983 34,940 275,952 Business Incubator 130,635 130,635 - CDBG - 38,556 38,556 - TEAM 197,698 714 198,412 AB2766 (Vehicle Subvention) 136,167 371 135,000 1,538 SLESF (Cops Grant) 82,975 82,975 - Major Crimes Fund 25,662 89 25,751 Affordable Housing 10,811,805 3,082 68,983 10,745,904 Measure A 6,251,531 838,695 3,876,200 3,214,026 Capital Improvement Program 17,758,934 8,738,114 10,309,101 16,187,947 2011 Financing Lease - 533,400 533,400 - 39,958,382 12,134,956 15,949,088 36,144,250 Internal Service Funds Insurance 305,196 292,494 292,494 305,196 Workers' Comp 930,498 189,156 65,609 1,054,045 Vehicles & Equipment 1,930,757 184,633 21,419 2,093,971 Information Technology 238,971 764,928 741,229 262,670 Technology Replacement 1,278,467 68,639 86,865 1,260,241 Support Services 467,127 90,998 88,301 469,824 Facilities 497,452 365,097 365,097 497,452 5,648,468 1,955,945 1,661,014 5,943,399 TCSD Funds TCSD Operations 1,138,706 2,292,046 2,540,817 889,935 Service Level B (Street Lights) 169,048 94,445 150,656 112,837 Service Level C (Slope Maint.) 1,440,507 4,756 372,113 1,073,150 Service Level 0 (Refuse/Recycl) 428,535 49,931 28,599 449,867 Service Level R (Road Maint.) 23,411 371 - 23,782 Service Level L (Harveston Lake) 384,353 2,545 61,514 325,384 Library 244,833 212,512 210,256 247,089 Public Art 68,605 21,652 - 90,257 Total of All Funds 3,897,998 2,678,258 3,363,955 3,212,301 60,708,462 30,912,968 38,039,640 76,080,919 41Page app..... tJ ■ 1 I• .iitj 1rj NOVA Alb ECONOMIC INDICATORS Throughout the fiscal year, Finance monitors a number of economic indicators which help guide the development of the City's revenue forecasts. Below is a summary of the most recently available data for each indicator. Unemployment Rates serve as an indicator of the region's relative economic condition. Unemployment rates across the board have decreased since August 2017. Temecula's rate, typically lower than the County, State and Federal rates, carne in at a rate of 3.6%. Seasonal shifts are typical, as shown in the chart below. 7.0 6.5 6.0 5.5 Le+ 5.0 4.5 4.0 3.5 3.0 2017 Unemployment Rates �• National —California — Riverside County — Temecula The Consumer Price Index measures the year -over -year change in the prices of goods and services purchased for consumption by urban households. This economic indicator is the most widely used measure of inflation. Since July'16, the CPI has risen primarily due to sustained increases in the price of gasoline and energy. iki The Consumer Confidence Index measures consumers' outlook on the economy. An index over 100 indicates a higher percentage of optimistic consumers vs. those who are pessimistic. Nationally, the Consumer Confidence index reached a 17 -year high in November 2017. California also experienced a favorable increase in the Confidence index, both attributable to positive trends in the labor market and anticipation of the new Tax Bill. 4.00% 3.00% 2.00% 1.00% 0.00% Consumer Price Index CPI -U All Urban Consumers 2016 2017 -U.SCItyAverage-Rberside-Ontario San Bernardino 5IPage 1 �li�'i umagm Air A Ian Mar May Jul Sep Nov Jan Mar May Jul Sep �• National —California — Riverside County — Temecula The Consumer Price Index measures the year -over -year change in the prices of goods and services purchased for consumption by urban households. This economic indicator is the most widely used measure of inflation. Since July'16, the CPI has risen primarily due to sustained increases in the price of gasoline and energy. iki The Consumer Confidence Index measures consumers' outlook on the economy. An index over 100 indicates a higher percentage of optimistic consumers vs. those who are pessimistic. Nationally, the Consumer Confidence index reached a 17 -year high in November 2017. California also experienced a favorable increase in the Confidence index, both attributable to positive trends in the labor market and anticipation of the new Tax Bill. 4.00% 3.00% 2.00% 1.00% 0.00% Consumer Price Index CPI -U All Urban Consumers 2016 2017 -U.SCItyAverage-Rberside-Ontario San Bernardino 5IPage 1 �li�'i umagm 2017 Facts at a Glance GENERAL CITY INFORMATION City Population Altitude Area in Square Miles Parks/park Acreage Maintained Streets Education Schools Teachers Students (K-12) Number of Libraries Hotels & Motels/Rooms Public Safety Number of Fire Stations Fire Department Personnel Number of Police Stations Police Sworn Officers Police Non -Sworn Personnel 711,02'' 7,000-1,200 feet 37 40/374 Acres 315 32 7,3E2 27,700 2 77 / 18''2 6 71 3 111 36 CITY GOVERNMENT Type of Government Form of Government Date of Incorporation Authorized Positions General Fund Operating Budget Expenditures Per Capita Safety as % of General Fund General Fund Reserves (25%) Capital improvement Program General Law City Manager 72/07/7989 757 $73,733,638 $66'f 57% $78,433,470 $393, 018,297 DEMOGRAPHICS Median Rge Average Household Income Number of Registered Voters Median Home Price (G1ay2017) Unemployment Rate (May'2017) Number of Jobs 34.9 $97,573 52,8'24 $459,000 3.30% 57,700 For more information regarding the City of Temecula: www•temeculaca•gov 951-69q-6554 or 1 -888 -Temecula 6I.. CITY OF TEMECULA COMBINING BALANCE SHEET As of September 30, 2017 Public General Measure S Stale Gas Development Education 8 Fund Fund Tax Fund Impact Fund Government Fund Business Incubator Resource Assembly Community Temecula Bill 2766 Development Energy Motor Block Grant Efficiency Vehicle Fund Asset Team Subvention Fund ASSETS: Cash and Investments 3 33,844.736 5 - S - 5 5.490.534 5 276,752 5 5 - 5 197.766 5 895 Receivables 8.170.767 4.547.112 435.522 21.845 797 - 71.732 626 643 Due from Other Funds 1.098,649 Advances to SARDA - Deposits 1,325 Prepaid- CaIPERS 1.476,452 Inventory 3.058 Land Held for Resale TOTAL ASSETS $ 44,594,987 $ 4,547,112 $ 435,522 $ 5,512,379 $ 277,549 $ • 5 71,732 $ 198,412 S 1.538 LIABILITIES: Due to Other Funds S - 1 4,517,112 $ 435.522 5 - $ - S $ 38.556 5 Other Current Liabilities 11,578,320 17.659 1,597 33.176 Unearned Revenue 1,757,214 - TOTAL LIABILITIES 13.333,534 4.547.112 435,522 17.659 1,597 71,732 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: 480.484 480,484 Nonspendable: Advances to SARDA Deposits 1,325 Inventory 3.068 Land Held for Resale Notes and Loans Prepaid Costs 1,476,452 Restricted For: Community Development Projects Capital Protects Public Education Debt Seneca Business Incubator Project Parks and Recreation Public Works Reward Committed To: Contractual Obligation - Encumbrances 3,726.878 Economic Uncertainty (20%) 14,746,726 Secondary Reserve (5Mr) 3,686.682 Assigned To: Capital Protects 2.330,779 5,494,720 275,952 198,412 5 1,538 Pechanga-funded Pdice Support 359,259 - - - Unrealized Gains 250,000 Unassigned (1) 3,719,324 TOTAL FUND BALANCES 30.780 969 5,494 720 275,952 - 198,412 1,538 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES. and FUND BALANCES 5 44.594.987 S 4.547.112 S 435,522 $ 5,512,379 $ 277,549 $ - $ 71,732 $ 198,412 $ 1,538 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING BALANCE SHEET As of September 30, 2017 Supplemental Lew Temecula Affordable Enforcement Major Crimes Housing 541v4Ces Reward Fund Fund Fund Measure A Fund Capital Project Fund Financing Lease Civic Center and CRC TOTAL ASSETS: Cash and Investments $ - $ 25,672 S 747,997 $ 2,985.370 S 15.580,014 $ $ 59,149,756 Receivables 82,953 79 218953,229 492585 801,559 41,579.749 Due from Other Funds - - - - 4,005,494 5.104.143 Advances to SARDA 5250.954 - - 5.250,954 Deposes - 1.325 Prepaid- CaIPERS 1.476.452 Inventory - 3.058 Land Held for Resale 4,400.388 4,400.388 TOTAL ASSETS 5 52,953 S 25.751 $ 37.352,568 $ 3,478,255 $ 20,387,067 S 5 118.965,825 LIABILITIES: Due to Other Funds 5 62,953 S - S - S - 5 - S - 6 5.104,143 Ottier Current Liabilibes 5,481 264,229 3,440.009 - 15.338.471 Unearned Revenue 263,302 759,111 2.779,627 TOTAL LIABILITIES 82,953 268.783 264,229 4 199120 23.222.241 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: Nonspendable: Advances to SARDA Depos4s Inventory Land Heid far Resale Notes and Loans Prepaid Costs Restricted For: Community Development Protects Capital Projects Public Education Debt Service Business Incubator Project Parks and Recreation Public Works Reward Committed TO: Contractual Obl gabo, Encumbrances Economic Uncertainly (20%) Secondary Reserve (5%) Assigned To: Capital Projects Pechanga-funded Police support Unrealtzed Gains Unassigned (1) TOTAL FUND BALANCES TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES. and FUND BALANCES NOTE: Balances are unaudited 26.337,881 26,337,881 4,400,388 574,417 27,392.782 574.417 27,392,782 1.325 3.058 4.400.388 1,476.452 6.345.516 - - - 6,345518 3.214.026 - - 8,710284 275.952 196,412 25.751 - - 25,751 25.751 16.187,947 3.726,878 14,746.728 3.886.682 18,518,726 359259 250.000 3,719.324 10.745.904 3.214.026 16.187.947 - 66,444,735 $ 82,953 S 25.751 $ 37.352,568 8 3,478,255 $ 20,387,067 387 8 - S 116,965,825 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the 1st Quarter Ended September 30, 2017 Annual Amended Budget Total Percentage Activity of Budget REVENUES_ SalesTax - State $ 38.100,383 $ 8.441,989 22% Franchise Fees 3.451,800 630,144 18% Motor Vehicle In Lieu- State 49,836 - 0% (1) Property Tax- Secured/Unsecured 7.051,963 382.117 5% (2) Property Tax in Lieu of VLF 7.721,512 - 0% (2) Property Tax Relief (Homeowner) 83,783 - 0% (2) Property Transfer Tax 671,651 169.292 25% Residual RPTTF Distribution 100,000 - 0% (2) Sales Tax Sharing Agreement (882,000) - 0% (3) Transient Occupancy Tax 3,289,776 910,104 28% Vehicle Code Fines 562,079 88,262 16% Development Services. Building & Safety 1,535,843 416,895 27% Fire 855,785 238,091 28% Land Development 899,617 301,019 33% Planning 646,596 118,235 18% Public Works - NPDES 1,200 1,968 164% Park Maintenance 1,913,316 32,096 2% (4) Police 397,825 81,006 20% Bids and Proposals 6,300 1,350 21% Business Licenses 290,000 18,025 6% (5) Investment Interest 60,000 59,117 99% (6) GASB 31 - Change in Fair Market Value on Investments 16,845 0% (6) Lease Income 13.260 1,875 14% Miscellaneous 13.700 19,801 145% Rental lncome 94,594 24,378 26% Right of Way Advertising 32.040 5,820 18% SB1186 Collection State Fee 5,800 540 9% (5) Operating Transfers In Measure S 4.994,180 1,248,545 25% Business Incubator Fund 135 130,635 0% (7) SLESF 171,000 82,975 49% State Gas Tax 1.212,442 303,111 25% Reimbursements: CIP 2,106,604 372,988 18% Mandated Cost 34,000 24,453 72% Pechanga IGA 332,647 - 0% (8) Other 87,000 22,133 25% TOTAL REVENUES $ 75,904,532 $ 14,143,809 19% Notes: (1) Motor Vehicle Lieu revenues are scheduled to be received in December of this fiscal year. (2) Property taxes revenues are schedules to be received in January and May of this fiscal year. (3) The sales tax sharing agreement with Medline is paid within thirty days after each quarter. (4) Special assessment taxes for Park Maintenance is scheduled to be received in January. (5) Business License renewals will primarily start in January 2018. (6) The variance is due to the change in the fair value on investments and fluctuating interest rates. (7) Fund 135 Business Incubator was moved to Economic Development department. The remaining fund balance is being transferred to General Fund. (8) Peet -lenge Intergovernmental Agreement revenues are schedule to be received by the end of this fiscal year CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the 1st Quarter Ended September 30, 2017 Annual Year -to -Date Year -to -Date Amended Activity Encumbrances Activity and Budget Encumbrances EXPENDITURES: Percentage of Budget City Council $ 447,738 $ 91,786 $ 1.680 $ 93,466 21% Community Support 125,000 2.750 2,750 2% (1) City Manager 1,460.281 321,993 66,491 388,484 27% Economic Development 1,498,939 313,420 195.431 508,851 34% (2) Emergency Management 129,688 29.496 - 29,496 23% City Clerk 1,272,510 277,272 39,756 317,028 25% City Attorney 565,000 222.261 222,261 39% (3) Finance 2,491,265 574,289 97,972 672,261 27% Human Resources 948,742 193,648 17,938 211,586 22% Planning 2,511,974 500.825 250.695 751,520 30% (2) Building & Safety 2,919,578 549,669 240,986 790,655 27% Land Development 1,841,371 435,188 62,292 497,480 27% Public Works 5,945,311 1,024,646 387,764 1.412,410 24% CIP Administration 2,301,464 397,192 193,846 591,038 26% Parks Maintenance 3,725.247 1,006.649 1,307,605 2,314,254 62% (2) Police 33,729,070 8,432,137 272,879 8,705,016 26% Fire 8,106,029 1.932,022 190,244 2,122,266 26% Animal Control 461,770 60,471 401.299 461,770 100% (2) Non Departmental Property Tax Admin 82208 - 0% (4) Separation CAL Time Payout 100,000 0% (4) Audi Reimbursement 289.640 - - - 0% (4) Retiree Medical Contribution 3,329,927 166,469 166,469 5% (5) PERS Replacement Benefit 90,670 - - 0% (5) TOTAL EXPENDITURES (exciuding Transfers) 74,373,422 16.532,183 3,726.878 20.259,061 27% Revenues Over/(Under) Expenditures 1,531,110 (2,388,374) Other Financing Sources/(Uses): Operating Transfer Out 2011 Financing Lease (2,135,231) (533,400) Streetlight Acquisition Financing (540.088) Transfers Out (2,675,319) (533,400) Revenues Over/(Under) Expenditures and Other Financing Sources/( Uses) (1,144,209) (2,921,774) Beginning Fund Balance as of 7/01/2017 33,702,743 33,702,743 Ending Fund Balance as of 9/30/2017 $ 32,558,534 $ 30,780.969 Notes: (1) The Community Support Funding program was approved by on October 24, 2017 to fund twenty-two (22) non-profit organizations. (2) The variance in Economic Development, Planning, Park Maintenance and Animal Control expenditures are due to encumbrances for services that are recorded for the entire fiscal year. (3) July to September legal services payment were more than expected. (4) Property Tax Admin fees are expected to be paid in January 2018 when Property Tax revenues are received (5) The payment to CALPERS for employee replacement benefit and the Annual Required Contribution(ARC) will be paid by the end of this fiscal year. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE S FUND for the 1st Quarter Ended September 30, 2017 REVENUES: Measure S (Transactions and Use Tax) Investment Interest Annual Total Percentage of Amended Activity Budget Budget $ 23,000,000 $ 6,489,700 28% 5,322 0% (1) TOTAL REVENUES 23,000,000 6,495,022 28% Other Financing Sources (Uses): Operating Transfers Out: General Fund (4,994,180) (1,248,545) 25% IT Equipment Replacement (195,000) (48,750) 25% TCSD Operations (5,341,503) (1,335,376) 25% TCSO Service Level B (360,251) (90,063) 25% Library Services (726,734) (181,684) 25% Vehicle Replacement (650,000) (162,500) 25% Capital Improvement Project (7,433,254) (3,664,306) 49% Total Transfers Out (19,700,922) (6,731,224) 34% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/0112017 Ending Fund Balance as of 9/30/2017 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. 3,299,078 (236,202) 236,202 236,202 $ 3,535,280 $ CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL STATE GAS TAX FUND for the 1st Quarter Ended September 30, 2017 REVENUES: Section 2103 - 2107 Investment Interest TOTAL REVENUES Annual Amended Budget Total Percentage Activity of Budget $ 3,040,884 $ 643,308 21% 500 990 198% (1) 3,041,384 644,298 21% Other Financing Sources (Uses): Transfers Out • General Fund (1,212,442) (303,111) 25% Transfers Out - CIP (1,828,942) (341,187) 19% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 (3,041,384) (644,298) $ Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEVELOPMENT IMPACT FEES FUND for the 1st Quarter Ended September 30, 2017 Annual Amended Budget REVENUES: Total Percentage Activity of Budget Open Space 133.790 10.952 8% Investment Interest 19,666 0% Quimby 622,493 6,487 1% Street Improvements 3,504,019 933,199 27% Traffic Signals 500,767 104.016 21% Parks & Recreation 459,004 37,575 8% Corporate Facilites 252,065 63.830 25% Fire Protection 157,739 42,274 27% Library 122,256 10,008 8% Police 185,835 25,672 14% TOTAL REVENUES 5,937,968 1,253,679 21% (1) EXPENDITURES: Operating Expenses 11,790 0% TOTAL EXPENDITURES 11,790 0% Revenues Over/(Under) Expenditures Other Financing Sources (Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 5,926.178 1,253,679 (10,213,143) (95,000) 1% (2) (4,286,965) 1,158,679 4,336,041 4,336,041 $ 49,076 $ 5,494.720 Notes: (1) The variance in Development Impact Fees Fund (DIF) revenues is due to the timing of developers pulling permits, as the DIF fees are paid when permits are granted. (2) Transfers Out for capital project expenditures are made on a reimbursement basis to the CIP fund after expenditures have been incurred. The timing of CIP expenditures has not occurred as anticipated in the budget. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PUBLIC EDUCATION & GOVERNMENT FUND for the 1st Quarter Ended September 30, 2017 Annual Amended Budget REVENUES: YTD Activity Encumbrances Total Percentage of Activity Budget PEG Fees Revenues $ 297,651 $ $ - 0% (1) Investment Interest 700 983 983 140% (2) TOTAL REVENUES 298,351 983 - 983 0% EXPENDITURES. Operating Expenses 268,400 34,940 4,049 38,989 15% TOTAL EXPENDITURES 268,400 34,940 4,049 38,989 15% Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9130/2017 29,951 (33,957) 309,909 309,909 $ 339,860 $ 275,952 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) PEG revenues are expected to be received by the end of February of this fiscal year. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL BUSINESS INCUBATOR RESOURCE for the 1st Quarter Ended September 30, 2017 REVENUES: Rental Income Reimbursements Investment Interest Transfer In WRCOG Beyond Framework Fund Prgm TOTAL REVENUES EXPENDITURES: Other Financing Sources/(Uses): Transfers Out Annual Amended Budget YTD Total Percentage Activity Activity of Budget 0% 0% 0% 0% 0% 0% (130.635) (130,635) 0% (1) Revenues Overl(Under) Expenditures and Other Financing Sources/(Uses) - (130,635) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 130,635 130.635 $ 130.635 $ 0% Notes: (1) Beginning 7/112017, activity in this fund has been transferred to General Fund under Economic Development. The adjustment to Fund balance reflects the close-out of this fund to the General Fund. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT for the 1st Quarter Ended September 30, 2017 Annual YTD Percentage of Amended Activity Encumbrances Total Activity Budget Budget REVENUES: Grant Revenue $ 1,318,067 $ 38,556 $ - $ 38,556 3% (1) TOTAL REVENUES 1,318,067 38.556 38,556 3% EXPENDITURES: Salaries and Wages 104,593 Other Outside Services 124,233 6,096 32,460 6,137 6,096 6% 38,597 31% TOTAL EXPENDITURES 228,826 38,556 6,137 44,693 17% Revenues Over/(Under) Expenditures 1,089,241 Other Financing Sources/(Uses). Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 (1,089,241) - (1) $ - $ Notes: (1) CDBG Revenue is booked on a reimbursement basis as eligible expenditures occur The construction projects Sidewalks Oki Town and Ynez have started but are not yet completed. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA ENERGY EFFICIENCY ASSET MANAGEMENT TEAM for the lst Quarter Ended September 30, 2017 REVENUES: Investment Interest Reimbursements Annual Amended Budget Total Percentage of Activity Budget $ 2.000 $ 714 36% 111 TOTAL REVENUES 2,000 714 36% Other Financing Sourcesf(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 (50,000) (48,000) 714 197,698 197,698 $ 149,698 $ 198,412 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ASSEMBLY BILL 2766 MOTOR VEHICLE SUBVENTION for the 1st Quarter Ended September 30, 2017 Annual Amended Budget REVENUES: Total Percentage of Activity Budget AB 2766 $ 139,285 $ 0% Investment Interest 5,500 _ 371 7% (1) TOTAL REVENUES 144,785 371 0% EXPENDITURES: Other Outside Services TOTAL EXPENDITURES Revenues Overf(Under) Expenditures 10,000 10,000 134,785 371 Other Financing Sources/(Uses): Transfers Out (258,170) (135,000) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (123,385) (134,629) Beginning Fund Balance as of 7/01/2017 136,167 136,167 0% (2) 0% Ending Fund Balance as of 9/30/2017 $ 12,782 $ 1,538 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The annual payment to WRCOG for Clean Cities Coalition is due in October of this fiscal year CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) for the 1st Quarter Ended September 30, 2017 Annual Amended Budget Total Percentage of Activity Budget REVENUES: AB 3229 - COPS $ 171,000 $ 82,872 48% (1) Investment Interest 103 0% TOTAL REVENUES 171,000 82,975 49% Other Financing Sources (Uses): Transfers Out (171,000) (82,975) 48.52% (1) Revenues Overl(Under) Expenditures and Other Financing Sourcesl(Uses) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 Notes: (1) The variance is due to Fiscal Year 2016-17 growth revenues received in October 2017. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA MAJOR CRIMES REWARD FUND for the 1st Quarter Ended September 30, 2017 Annual Amended Budget Total Percentage of Activity Budget REVENUES - Investment Interest $ 300 5 89 300/0 TOTAL REVENUES 300 89 30% EXPENDITURES Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) 300 89 Beginning Fund Balance as of 7/01/2017 25,662 25.662 Ending Fund Balance as of 9/30/2017 $ 25,962 $ 25,751 (1) Notes: 0% 0% (1) A resolution of the City Council of the City of Temecula establishing the Temecula Major Crimes Reward Fund and Amending Resolution NOS.13-25 and 15-37. Resolution 13-25 A Resolution of the City Council of the City of Temecula providing for the establishment and distribution of a reward to the persons who fumish information leading to the arrest and conviction of the person or persons who caused the death of Larry Robinson on March 22. 2013. The Larry Robinson Murder Reward Fund was merged into the Temecula Major Crimes Reward Fund Resolution 15-37 The Justin Triplett Reward Fund was also merged into the Temecula Major Crime Reward Fund. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL AFFORDABLE HOUSING FUND for the 1st Quarter Ended September 30, 2017 Annual Amended Budget REVENUES: YTD Activity Encumbrances Contributions to Agency Trust $ 250,000 $ - $ Investment Interest 700 2,569 Loan Interest 4,301 513 Rental Income 196,000 - Residual Receipt Payment 49,630 TOTAL REVENUES 500,631 3,082 EXPENDITURES: Total Percentage Activity of Budget $ 0% (1) - 2,569 367% (2) - 513 12% 0% (3) 0% (3) 3,082 1% OPERATING EXPENDITURES: Salaries & Benefits 179,325 44,830 44,830 25% Operating and Administrative Expenditures 256,746 24,153 36,019 60,172 23% TOTAL EXPENDITURES 436,071 68,983 36,019 105,002 24% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 64,560 (65,901) 10,81 1,805 10, 811, 805 $ 10,876,365 $ 1 D.745.904 Notes: (1) Contribution to Agency Trust is expected in January and May of this fiscal year when property tax payments are posted. (2) The variance is due to the change in the fair value on investments and fluctuating interest rates. (3) Temecula Gardens annual ground lease and residual receipt payment is expected to be received by the end of this fiscal year. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE A FUND for the 1st Quarter Ended September 30, 2017 Annual Amended Budget REVENUES: Total Activity Encumbrances Total Percentage Activity of Budget Investment Interest $ 50,000 $ 22,243 $ - $ 22,243 44% Reimbursements - 35,483 - 35,483 0% Measure"A" 2,943,681 780,969 - 780,969 27% TOTAL REVENUES 2,993,681 838,695 - 838,695 28°/0 EXPENDITURES: Street Maintenance 2.064,256 266,200 5.459 271,659 13% (1) TOTAL EXPENDITURES 2,064,256 266,200 5,459 271,659 13% Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 929,425 572,495 (6,477,247) (3,610,000) (5,547,822) 6,251,531 (3,037,505) 6,251,531 $ 703,709 $ 3,214,026 Notes: (1) Routine Street maintenance expenditures are scheduled to begin in January of this fiscal year. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the 1st Quarter Ended September 30, 2017 Account Number REVENUE: Annual Amended Budget Year -to -Date Activity Encumbrances Total Activity Percentage of Budget Operating Transfers In $ 32,357,829 $ 4,181,187 $ - $ 4,181,187 13% Operating Transfers In -Measure 5 7,433,254 3,664,307 - 3,664,307 49% Grants 18,815,802 585,432 - 585.432 3% Reimbursements / TUMF 24,913,946 262,825 - 262,825 1% Capital Financing 5,375,598 - - - 09‘ Investment Interest - 44,363 - 44,363 0% TOTAL REVENUE 88,896,429 8,738,114 -8.738,114 10% (1) EXPENDITURES: Pechanga Parkway Environmental Diaz Road Widening Emergency Vehicle Preemption Traffic Cameras Communication Pechanga Parkway Widening Ynez Road Improvements Fiber Optic Communication System Sidewalk Sith Street Improvements Overland Drive Extension to Diaz Rd Abbott Corporation Roadway Imprv. Medians and Parkway Citywide Murrieta Creek Bridge @ Overland Pavement Rehabilitation Program - Winchester Road Pavement Rehabilitation Program - Citywide Western Bypass Bridge Over Murrieta Creek Interstate -15 / State Route 79 South Ultimate Interchange Flashing Beacons & Speed Advisory Signs Traffic Signal Equipment Replacement Program -Citywide Traffic Signal Installation -Citywide Fire Station 84 Training Room Imp. Citywide Street Light LED Expanded Recycled Water Plant 165-516 202,729 6,497 46.751 53,248 26% 165-521 718,943 590 590 0% 165-522 105,545 0% 165-523 560,000 - - 0% 165-530 4,495,530 162,141 32,577 194,718 4% 165-535 419,451 0% 165-550 1,321,200 - - 0% 165-555 154,505 12.003 19,966 31,969 21% 165-602 2,182,138 16,430 139,011 155.441 7% 165-620 750,000 - - 0% 165-622 188,000 - 0% 165-648 1,098,884 - - 0% 165-650 1,811, 779 15,300 135,500 150.800 8% 165-655 10,001,445 3,253,788 1,404,024 4,657.812 47% 165-660 61,239 - 0% 165-662 32.107,403 3,624,410 25,111,236 28,735,646 89% 165-670 34,301 0% 165-680 13.954 165-682 732,110 165-687 166,750 165-688 5,375.598 165-689 568,039 4,793 19,909 24,702 177% 19,382 3,707 23,089 3% 0% - - 0% 0% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 1st Quarter Ended September 30, 2017 Account Number Annual Amended Budget Year -to -Date Activity Encumbrances Total Activity Percentage of Budget EXPENDITURES - cont'd: 115 Branding and visioning Plan 165-690 100,000 3.345 3,345 3% Main Street Property Improvement 165-691 200,000 0% Margarita Recreation Center 165-692 646.773 - 0% Old Town parking Structure 165-694 1,000,000 6,494 - 6,494 1% Old Town Street Light LED 165-695 29.446 13,200 - 13,200 45% Sidewalks Old Town Boardwalk 165-696 450,000 13,361 - 13,381 3% City Facilities Rehabilitation 165-701 349.235 44,849 263,846 308,695 88% Bike Lane and Trail Program 165-703 651.786 19.857 19,857 3% Medians & Ornamental Ped. Barriers 165-704 10,100 - - - 0% Sidewalks -Citywide 165-708 462,727 640 6,446 7,086 2% Citywide Surveillance Cameras 165-711 1,547,360 17,490 66,036 83.526 5% American With Disabilities ACT 165-713 245,825 70.943 135,937 206.880 84% Citywide Storm Drain Improvements 165-715 17,643 8,368 8,368 47% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase 1 165-719 211,624 10,553 50,999 61.552 29% Butterfield Stage Road Extension 165-723 12.295,219 184.087 190,514 374,601 3% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase II 165-726 8,158,430 297,282 3.541,682 3,838,964 47% Murrieta Creek Improvements 165-735 265,573 197 20,695 20,892 8% Temecula Park and Ride 165-747 1,760,233 21,669 1,077,568 1,099,237 62% Fire Station Roripaugh- Phase 11 165-753 36,337 - - 0% Fire Station 73 Living Upgrade 165-757 43,432 332 332 1% Developer Reimbursements 165-763 684,422 - - - 0%, EOC Emergency Operations Center 165-765 29,723 10,058 5,024 15,082 51% Old Town Sidewalks 165-766 502,794 248,033 133,030 381,063 76% Citywide Concrete Repairs 165-770 146,259 113,944 4,940 118,884 81% Ronald H Roberts Public Library 165-773 169,918 81,011 88,733 169,744 100% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 1st Quarter Ended September 30, 2017 Annual Account Year -to -Date Percentage Amended Encumbrances Total Activity Number Budget Activity of Budget EXPENDITURES - cont'd: Sidewalk Ynez Road 165-775 137,537 394 15.000 15,394 11% Utility Undergrounding-Citywide 165-776 244,375 89,061 89,061 36% Sport Field Lighting LED 190-113 250,000 - 0% Ronald Reagan Sports Park Restroom 190-114 725,000 - 0% Fallen Heroes Memorial 190-115 150,000 17,510 17,510 12% CRC Pool Site Enhancement 195-116 410.000 - 0% Patricia Birdsall Synthetic Turf 190-119 1,976,631 1,857,075 1,857,075 94% Playground Equipment Safety Surfacing 190-120 1,515,796 - 0% Teen Center 190-122 645,686 - 0% Children's Museum Enhancement 190-125 68,910 - - 0% Flood Control Channel Reconstruction 190-127 557,330 98 87,894 87,992 16% Parks Improvement Program 190-130 392,779 58,953 56,353 115.306 29% Sam Hicks Monument Park Playground 190-132 582,079 984 165.568 166,552 29% Library Parking- Phase II 190-153 1,737,965 3,148 68,409 71,557 4% Public Restroom Renovations 190-155 313,506 - - 0% Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 190-187 34.505 1,143 33,361 34,504 100% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 102,826,501 10,309,101 32,925.048 43.234,149 42% (1) (13,930.072) (1.570,987) 17,758 934 17, 758,934 $ 3,828.862 $ 16,187,947 Notes: (1) The variance is primarily due to the timing of project expenditures and revenues differing from that anticipated in the budget. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL 2011 FINANCING LEASE CIVIC CENTER AND CRC for the 1st Quarter Ended September 30, 2017 Annual Amended Budget Total Percentage of Activity Budget REVENUES: 2011 Financing Lease Revenues $ 2,135,231 $ 533,400 25% TOTAL REVENUES 2,135,231 533,400 25% EXPENDITURES: Debt Service Principal Debt Service Interest 1,389,000 746,231 342,000 191,400 25% 26% TOTAL EXPENDITURES 2,135,231 533,400 25% Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/3012017 CITY OF TEMECULA COMBINING STATEMENT OF NET POSITION INTERNAL SERVICE FUNDS for the 1st Quarter Ended September 30, 2017 Workers' Vehicles and Information Technology InsuranceSupportEquipment Technology Replacement Support Facilities Fund Services Fund Fund Fund Fund Fund Fund ASSETS. TOTAL Cash and Investments $ 437.012 $ 1,009.875 $ 1,784,891 $ 427,183 $ 873,283 $ 476,354 $ 637,224 $ 5.645,822 Receivables 1,361 10,912 5.863 5,974 1,455 1,916 1,371 28,852 Prepaid Assets 322,646 36,657 359,303 Property. Ptah, and Equipment (net of accumulated depreaabon) 303.217 538,588 403,120 60,190 1,305,115 TOTAL ASSETS 761,019 1,057,444 2.093,971 971,745 1,277,858 538,460 638,595 7.339,092 LIABILITIES AND NET POSITION LIABILITIES: Cunenl Liabilities 455.823 3.399 - 145,435 17,617 34,131 141,143 797,548 Capital Leases Payable 563,640 - 34,505 598.145 TOTAL LIABILITIES 455.823 3.399 - 709,075 17,617 68,636 141,143 1.395.693 NET POSITION. TOTAL NET POSITION NOTE Balances are unaud ted $ 305,196 $ 1.054.045 $ 2.093,971 $ 262,670 $ 1.260,241 $ 469.824 $ 497,452 $ 5,943,399 CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET POSITION INTERNAL SERVICE FUNDS for the 1st Quarter Ended September 30, 2017 Insurance Workers' Vehicles and Information Technology Su Compensation Equipment Technology Replacement Support Facilities Fund Services Fund Fund Fund Fund Fund Fund REVENUES: TOTAL Investment Interest $ 685 $ 3.009 $ 5,577 $ 906 $ 1.633 $ 1.448 $ 1.393 $ 14,651 Transfer In -Measure 5 162,500 48,750 211,250 Charges for Services 291,809 186,147 16,556 715,272 67,006 89,550 363.704 1.730,044 TOTAL REVENUES 292.494 189,156 184,633 764,928 68,639 90,998 365,097 1,955,945 EXPENSES: Salaries and Wages 8,678 25.395 428.646 - 51,168 129,207 643,094 Operating Expenses 283.816 40,214 287,532 - 28,561 235,890 876,013 Interest 2.293 2,293 Depreciation 21,419 25.051 86.865 6.279 139,614 TOTAL EXPENSES 292,494 65,609 21,419 741,229 86.865 88.301 365.097 1,661,014 Revenues Overl(Under) Expenses 123,547 163,214 23.699 {18.226) 2.697 294,931 Nei Position as of 710112017 305,196 930.498 1,930,757 238,971 1,278,467 467,127 497,452 5.648.468 Net Position as of 9/30/2017 $ 305,196 $ 1,054,045 $ 2,093,971 $ 262.670 $ 1,260,241 $ 469,824 $ 497,452 $ 5,943,399 CITY OF TEMECULA STATEMENT OF NET POSITION - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST (CERBT) FUND for theist Quarter Ended September 30, 2017 ASSETS: Cash and Investments TOTAL ASSETS LIABILITIES: Accounts Payable CERBT FUND $ 7,497,719 7,497,719 55,803 TOTAL LIABILITIES 55,803 NET POSITION: 7,441,916 Held in Trust for Retiree Benefits 7,441,916 TOTAL NET POSITION $ 7,441,916 NOTE: Balances are unaudited CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND for the 1st Quarter Ended September 30, 2017 ADDITIONS CONTRIBUTIONS: Employer Investment Earnings CERBT FUND $ 166,470 271,838 TOTAL CONTRIBUTIONS 438,308 DEDUCTIONS: Benefits 222,273 TOTAL DEDUCTIONS TOTAL ADDITIONS Net Position as of 7/1/2017 Net Position as of 9130/2017 222,273 7,225,881 $ 7,441,916 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 9, 2018 SUBJECT: Adopt Ordinance No. 18-01 Approving the Altair Specific Plan Project and Adopt Ordinance No. 18-02 Approving the Development Agreement with Ambient Communities (Planning Application Nos. PA14-0158, PA14-0159, PA14-0160, and PA14-0161) (Second Reading) PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council: 1. Adopt an ordinance entitled: ORDINANCE NO. 18-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940- 310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) 2. Adopt an ordinance entitled: ORDINANCE NO. 18-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310- 048, AND 940-320-001 THROUGH 940-320-007) BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 18-01 was first introduced at the adjourned regular meeting of December 12, 2017, FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance No. 18-01 Approving the Altair Specific Plan Project 2. Ordinance No. 18-02 Approving the Development Agreement with Ambient Communities ORDINANCE NO. 18-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210- 049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On November 24, 2014, Rob Honer, representing Ambient Communities filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement. These applications (collectively "proposed Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The proposed Project consists of a change in the General Plan designation on the proposed Project site from Industrial Park (IP), Open Space (OS), Medium Density Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific Plan Implementation (SPI) for the Altair Specific Plan. The Altair Specific Plan is a series of standards and regulations that will govern all development in the proposed Project area. These standards and regulations address land use standards, a form based code, setbacks, building height, and parking requirements. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance of the proposed Project site, and compatibility with the surrounding community. In addition to the proposed General Plan Amendment and Specific Plan, the proposed Project also includes a Tentative Tract Map and a Development Agreement. C. The proposed Project was processed including, but not limited to, a public notice in the time and manner prescribed by State and local law, including the Califomia Environmental Quality Act. D. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the proposed Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House Ords 18-01 1 from May 2, 2016 through June 17, 2016. The City published a Notice of Availability for the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within the City. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2016 through June 17, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, Califomia 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On November 15, 2017, the Planning Commission considered the Final Environmental Impact Report ("EIR"), Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of, or in opposition to, this matter. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No, 17-43 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." G. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17-46 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210- 049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." H. On December 12, 2017, the City Council of the City of Temecula considered the proposed Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, 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 Ords 18-01 2 to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 17-86 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES, GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." Resolution No. 17-86 and the findings therein are hereby incorporated by this reference as set forth in full. J. All legal preconditions to the adoption of this Ordinance have occurred. Section 2. Legislative Findings. The City Council in approving the Altair Specific Plan hereby makes the following findings: A. The Specific Plan, which is incorporated herein by this reference, complies with the requirements of California Government Code section 65451 based on, but not limited to, the following: (1) The Specific Plan contains diagrams and text which specify in detail the distribution, location, and extent of the uses of land, including open space, within the area covered by the Specific Plan (Sections 2, 3 and 8 of the Specific Plan). (2) The Specific Plan contains diagrams and text which specify in detail the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the Specific Plan and needed to support the land uses described in the Specific Plan (Sections 4, 6 and 7 of the Specific Plan). (3) The Specific Plan contains diagrams and text which specify in detail the standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable (Sections 3, 8, 9 and 10 of the Specific Plan), (4) The Specific Plan contains a program of implementation measures including regulations, programs, public works projects, and financing Ords 18-01 3 (5) measures necessary to carry out paragraphs (1), (2), and (3) above (Sections 5 and 11 of the Specific Plan). The Specific Plan includes a statement of the relationship of the Specific Plan to the General Plan (Section 2.6 of the Specific Plan). B. Pursuant to Temecula Municipal Code Section 17.16.020(E), the City Council in adopting the Specific Plan finds determines and declares that: (1) The proposed specific plan is consistent with the general plan and development code. The Specific Plan is consistent with the City's General Plan, as amended. The Specific Plan will allow for the construction of up to 1,750 new homes for a range of household sizes, income, and demographics. The Land Use Element identifies the objective for this area which is to "provide complimentary land uses to Old Town that increase the vitality of the area; to increase the range of the housing opportunities west of 1-15; and to encourage sensitive site and building design given the topography of the area." The Specific Plan is consistent with these objectives. The Specific Plan provides a range of multifamily and detached housing types within walking distance of Old Town that will result in a vibrant combination of uses for the aggregate planning areas. The Specific Plan respects existing topography and embraces existing scenic vistas as focal points for the community. The Specific Plan satisfies two of the four implementation measures listed in LU -22 of the Land Use Element Implementation Program: "[p]roviding infill residential opportunities within the area and the adjacent Westside Specific Plan to create a nighttime population for the area," and "[I]ocating additional public and community facilities within and surrounding the Old Town area." The proposed Specific Plan is also consistent with Goal 2 of the Circulation Element of the General Plan which is to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." A significant portion of the Western Bypass Corridor project is accomplished in the Specific Plan, connecting SR -79 (Temecula Parkway) to Rancho California Road via Vincent Moraga Drive. The proposed Specific Plan is consistent with Goal 1 of the Housing Element which is to "provide a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula." Single-family detached houses represent 80% of the existing housing stock in the City. The Specific Plan will create a mixture of housing which is needed in the City. Among other policies in the Housing Element, the Specific Plan implements Policy 1.2 of the Housing Element which is to "[e]ncourage residential development that provides a range of housing Ords 18-01 4 types in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types." It also implements Policy 1.3 which is to °[r]equire a mixture of diverse housing types and densities in new developments around the village centers to enhance their people orientation and diversity." The Specific Plan development is predominantly east of the Western Bypass, preserving the western portion of the Specific Plan area as natural open space. thus consistent with Policy 1.5 of the Housing Element which is to "[e]ncourage the use of clustered development to preserve and enhance important environmental resources and open space, consistent with sustainability principles." The Specific Plan will establish the design and development framework for the proposed Project. The Specific Plan is consistent with the City's development code, as amended by this Ordinance. As proposed and conditioned, the Specific Plan will be consistent with the General Plan and all applicable requirements of State Law and other Ordinances of the City. Further findings of consistency with the General Plan can be found in Section 2.6 of the Specific Plan, which is hereby incorporated by this reference. (2) The proposed specific plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The City has engaged in extensive studies and review of the potential impacts of the Specific Plan as well as the various potential benefits to the City by the development of the Specific Plan and concluded that the Specific Plan is in the best interests of, and is not detrimental to, the health, safety and general welfare of the City. The proposed specific plan is located directly adjacent to Old Town Temecula and its added residential population base will support the commercial uses of Old Town. There are few housing opportunities in Old Town currently, limiting the clientele of Old Town's shops and restaurants to visitors who arrive primarily by car. Old Town businesses are therefore dependent on tourism, which can fluctuate dramatically. The proposed specific plan will provide up to 1,750 new homes for a range of household sizes, income, and demographics. The Specific Plan was reviewed and determined to be in conformance with the City's General Plan, as amended. The General Plan sets the policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, the Specific Plan is compatible with the health, safety and welfare of the community. Ords 18-01 5 (3) The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the Specific Plan area which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the Specific Plan land uses are consistent with the land uses of the General Plan, as amended, and will serves as the tool to regulate and implement the goals and policies of the General Plan. The subject property is currently undeveloped land with only a few of the required public utilities located onsite. The proposed development within the Specific Plan area will provide the necessary connections, extensions, and upgrades as required to serve the area. (4) The proposed specific plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The Specific Plan conforms to the City's effort to manage growth through the use of, among other things, comprehensive planning and design, Project -wide continuity of landscaping and architectural design, design standards and layout concepts exceeding the City's standards for residential development, and the village -center concept. In addition, the Specific Plan is based on a "Smart Growth" design, which aims to enhance the quality of life, preserve the natural environment, and save public funds over time through efficient utilization of infrastructure. Among other things, smart growth principles include, without limitation, a mix of land uses, well- designed compact neighborhoods, a variety of transportation choices, preserve open spaces, natural beauty, and environmentally sensitive areas, and unique neighborhood identities. Section 3. Services Deficit Fiscal Impact Payments A. The City and owners estimate that the increased costs to the City of providing public safety and other municipal services to the area resulting from the General Plan Amendment, adoption of the Specific Plan, and change of zone for the proposed Project will substantially exceed the municipal revenue from the proposed Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of September, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the proposed Project, and their successors of interest, shall pay the City the sum of Two Hundred Thirty -Seven Dollars ($237.00) per residential dwelling unit within the proposed Project area that is an Occupied Residential Property, each year as mitigation for the City Services Deficit, with an increase in such payment each fiscal year in an amount of five and six -tenths percent (5.6%) of the previous year's payment. Ords 18-01 6 B. The owners and their successors to the property within the proposed Project may fulfill this obligation through the levy of an annual special tax of a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq.; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owners and their successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. C. This requirement is set forth in Section 11.8 of the Specific Plan. Section 4. Annual Wildlife Conservation Fee A. In order to facilitate local wildlife conservation efforts, owner shall pay to the City the following: (1) on or before the issuance of the first (1S') building permit for the proposed Project, the sum of Five Hundred Thousand Dollars ($500,000.00) (the "Initial Wildlife Conservation Fee") less the cost of the land purchase and associated closing costs described in 4.4.5 (iv) of the Development Agreement; and (ii) as provided in Section 11.9 of the Specific Plan and Section 4.5.2 of the Development Agreement, an annual payment of $43 per Occupied Residential Property, in perpetuity, with an increase in such payment each fiscal year in an amount of two percent (2%) of the prior year's fee (the "Annual Wildlife Conservation Fee"). B. For purposes of this Section, "Occupied Residential Property" means an assessor's parcel in the Specific Plan area for which a building permit for residential construction and a certificate of occupancy or final inspection has been issued. C. The proceeds of the Wildlife Conservation Fee shall be used for the following purposes ("Wildlife Conservation Costs"): (1) The initial six million dollars ($6,000,000.00) of the Initial Wildlife Conservation Fee and the Wildlife Conservation Fee shall be held in an account by the City for the purposes of acquiring one hundred (100) acres of conservation lands within the Special Linkage Area south of the Property and/or in Riverside County and within ten (10) miles of the proposed Project site. Western Riverside County Regional Conservation Authority, a Joint Powers Agency formed under Government Code section 6500 et seq. ("RCA") shall acquire such land and City shall reimburse RCA for the cost of its land purchase and associated closing costs, with interest, from the initial $6,000,000.00. The land acquisitions shall be in accordance with the equivalency standards for the acquisition of land submitted to the RCA and the City prior to the City Council's approval of the proposed Project. Once this objective has been satisfied, then the City shall use such funding thereafter for one or more of the conservation activities described below in subsections (2), (3) or (4). The interest rate for the reimbursement shall be compound interest at the rate equal to the average interest rate paid on deposits in the State Local Agency Investment Fund, Government Code Sections 16429.1 to 16429.4, during the year prior to July 1 of each year. Pursuant to Section 4.5.2 of the Development Agreement and Section 11.9 of the Specific Plan, owner, its successors to Ords 18-01 7 the property within the proposed Project, including End Users, shall fulfill this obligation of the Specific Plan with the proceeds of Special Tax C of the CFD(s), provided, however, that the obligation set forth herein and in Section 11.9 of the Specific Plan remains regardless of the financing mechanism used to pay it or whether there is a financing mechanism to pay it. (2) An engineering feasibility study to be prepared by the City in conjunction with the RCA along Interstate 15 between the proposed Project site and the San Diego County Line whose purpose is to evaluate locations and initiate engineering for a wildlife overcrossing or undercrossing across the Interstate 15 freeway in order to allow wildlife (including mountain lion) to safely travel between the Santa Margarita Ecological Reserve and the Palomar Mountain regions; and/or (3) Reimbursement to the RCA of its costs, with interest, for the acquisition of lands south of the proposed Project for conservation (the interest rate for the reimbursement shall be compound annual interest at the rate equal to the average interest rate paid on deposits in the State Local Agency Investment Fund, Government Code Sections 16429.1 to 16429.4, during the year prior to July 1 of each year); and/or (4) Other wildlife conservation efforts, (i) within Riverside County; and (ii) within ten (10) miles of the Project Site undertaken by the City or RCA. D. The owners and their successors to the property within the proposed Project may fulfill this obligation through the levy of an annual special tax of a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq.; provided, however, the obligation of each owner and their successors to pay the Annual Wildlife Conservation Fee payment under this obligation remains an obligation of the owners and their successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. E. Owner shall not be entitled to any fee credits in connection with such conservation funding. F. This requirement is set forth in Section 11.9 of the Specific Plan. Section 5. Section 17.16.070 (Approved specific plans.) of Chapter 17.16 Specific Plan Zoning District (SP-) of Title 17 (Zoning) is hereby amended to add the following, with all other provisions of Section 17.16.070 remaining the same: "SP -15 Altair Specific Plan" Ords 18-01 8 Section 6. Zoning Map Amendment. The City Council hereby amends the Official Zoning Map of the City of Temecula to change the zoning classification for the property located on 270 acres in the southwesterly portion of the City of Temecula, west of Old Town (APNs 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 through 940-310-048, and 940-320-001 through 940-320-007) to the Altair Specific Plan #15. The Altair Specific Plan including the zoning map amendment is attached as Exhibit "B" to this Ordinance and is incorporated herein by this reference as though set forth in full. Section 7. Consistency with General Plan, On December 12, 2017, the City Council adopted Resolution No. 17-87, which amended the Land Use Element and Circulation Element of the General Plan, in conformity with Government Code section 65300. Therefore, the foregoing amendments outlined in this Ordinance are consistent with the goals and policies of the General Plan for the City of Temecula. Section 8. The City Council of the City of Temecula hereby adopts the Altair Specific Plan subject to the Conditions of Approval attached hereto as Exhibit "A". The Altair Specific Plan is on file in the City Clerk's office and is incorporated herein by reference as though set forth in full. Section 9. 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 10. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 11. 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 9'h day of January , 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Ords 18-01 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No, 18-01 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of December, 2017, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Ords 18-01 10 Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: QUIMBY Category: Approval Date: Expiration Date: PLANNING DIVISION Within 48 Hours of Approval EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA14-0159 A proposed Specific Plan to include the four -lane divided Western Bypass, up to 1,750 residential units, an elementary school, up to 7,000 square feet of neighborhood commercial, a clubhouse, civic site, parks, trails, and hillside preservation. The Specific Plan will also include off-site improvements for public infrastructure including, but not limited to, construction of the Western Bypass bridge over Murrieta Creek, road widening of Vincent Moraga, construction of Main Street north of Pujol, and off-site sewer, water and dry utility extensions 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310- 044 through 940-310-048, and 940-320-001 through 940-320-007 Credits per the Development Agreement (PA14-0161) Credits per the Development Agreement (PA14-0161) Credits per the Development Agreement (PA14-0161) Exempt per the Development Agreement (PA14-0161) 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,078,00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and Califomia Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within twenty (20) years per the Development Agreement; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 15, Altair Specific Plan. 6. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to Development Agreement (PA14-0161). 7. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the EIR for Altair (SCH No. 2014111029). 8. Signage Permits. A separate building permit shall be required for all signage. 9. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 10. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers. equipment, walls, or other structures. 11. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 12. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 13. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 14. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 15. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. 16. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 17. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 18. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temecula's Multi -Use Trails and Bikeways Master Plan, the Tentative Tract Map and the Specific Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. 19. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, the Tentative Tract Map and the Specific Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. 20. Mitigation Monitoring Program. The Altair project is required to comply with all mitigation measures identified in the Final EIR, and Mitigation Monitoring and Reporting Program (MMRP). 21. Maximum Number of Rental Units (Apartments). Prior to the issuance of a building permit by the City for a residential community in the Project, the Guest Builder shall provide a letter to the City declaring whether the project will include residential units for sale to homeowners (a "For -Sale Community") or residential units for rent (Apartments) to tenants (a "For -Rent Community"), and if it is a For -Rent Community, the number of Rental Units being proposed for the For -Rent Community. Further, in conjunction with the overall development of the Project, the Guest Builder will also provide a list of all previously approved For -Sale and For -Rent Communities in the Project and the number of Rental Units for each For Rent Community. There shall be a maximum of 50% Rental Units within the Project. The number of rental units shall be reconciled prior to development plan approval in each village, A, B, C -North, C -South, D, E, F, and G. Notwithstanding the forgoing, homes that are in a For -Sale Community that are sold to individuals and then later rented to the public shall not count towards the maximum Rental Unit threshold. (REVISED AT CITY COUNCIL MEETING ON DECEMBER 12, 2017). 22. Project Phasing_ The project shall be built in four phases per the attached "Phasing Exhibit, 10D." Infrastructure shall be required prior to the issuance of building permits in each phase per the phasing plan. 23. Fiscal Impact Compliance_ Any development within the Altair Specific Plan will be required to address impacts to the City's budget as a result of the increased costs to the City of providing public safety and other municipal services to the Project area substantially exceeding the municipal revenue generated from the Project ("City Services Deficit")_ The City has a received a Fiscal Impact Analysis dated October, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors of interest, at the time a certificate of occupancy is issued for a residential dwelling, shall pay the City the sum of two - hundred thirty-seven ($237) per residential dwelling unit within the project each year as mitigation for the City Services Deficit. Owner and its successors to the property within the Project may fulfill this obligation through a Community Facilities District Act of 1982, Government Code Section 53311, et seq., provided however, the obligation of each owner and their successors to the pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. 24. Trail Siting and Location on the South Parcel/Civic Site. In addition to the mitigation measures identified in the Final EIR for cultural resources, MM -CUL -la through MM -CUL - 3, City Staff will work with the Pechanga Tribe to determine the final trail alignment for an out and back, or loop trail. Using trail siting guidance identified in the Multi -Species Habitat Conservation Plan (MSHCP) Section 7,0, the trail will utilize existing dirt roads whenever possible. Portions of existing trail may be eliminated, and revegetated to protect environmentally sensitive areas. Any new trail segment will be designed to discourage and prevent intrusion into adjacent environmentally sensitive areas. 25. Direction Fencing. Directional Fencing for wildlife shall be required as identified in the Specific Plan, EIR, and in conformance with the Western Riverside County Multi -Species Habitat Conservation Plan (MSHCP). 26. Prior to issuance of grading permit, the RCA shall review and approve for conformance with the Urban Wildlands Interface Guidelines the design of the applicant's Urban Wildlands Interface measures (fencing, lighting, access control, plant palette, drainage, etc.) for development adjacent to all conservation areas (Western Bypass, Villages A and G, and Nature Center). The Nature Center trails shall be reviewed and approved by the RCA and Wildlife Agencies for compliance with Urban Wildlands Interface Guidelines and MSHCP Section 7.4.2, Conditionally Compatible Uses 27. Partial conservation lands totaling 65 acres (APNs 918-080-008 and 009) will be transferred to the RCA prior to any project grading. 28. Acquisition of an additional 100 acres of biologically equivalent or superior replacement lands by the RCA and funded by the proposed Altair Wildlife CFD. All CFD funding up to 6 million dollars will be directed to the RCA until the 100 acres is acquired. 29. The conservation easement over ungraded of the South Parcel will be offered either to the RCA or an entity with a management agreement with the RCA. 30. MSHCP Local Development Mitigation Fees will be paid for the project. Fee credits for onsite conservation acres will be consistent with RCA Resolution 2016-003, Fee Credit and Waiver Policy. Prior to Issuance of Grading Permit 31. Central Park Design Meeting. Prior to the issuance of any grading permits associated with the Central park area, a pre -design meeting shall be held to include Planning. TCSD, and Public Works to complete a final design for the Central Park. The Altair Specific Plan includes a conceptual plan for the park, however, final arrangement and location of amenities shall be determined prior to any grading and/or construction. 32. Placement of Transformer, Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 33. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 34. Pechanga Mitigation Measures. The Altair project is required to comply with Mitigation measures MM -CUL -la through MM -CUL -3. 35. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Director of Community Development shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Community Development shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Community Development." 36. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 37. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 38. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 39. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 40. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 41. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 42. Mitigation Measure MM -CUL -la — Retention of a Qualified Archaeologist. Prior to issuance of a grading permit and prior to the start of any ground disturbing activity, the applicant shall retain a qualified archaeologist, defined as an archaeologist meeting the Secretary of the Interior's Professional Qualification Standards for archaeology (Department of the Interior, 2012), and as approved by the City of Temecula, to carry out all mitigation measures related to archaeological resources and to coordinate the archaeological program with the Pechanga Band of Luiseno Indians (Pechanga Tribe). The Project archaeologist will have the authority to stop and redirect grading in the immediate area of a find in order to evaluate the find and determine the appropriate next steps, in consultation with the Pechanga Tribal Monitor. 43. Mitigation Measure MM -CUL -1 b - Retention of a Professional Pechanga Tribal Monitor. At least 30 days prior to seeking a grading permit, the project Applicant shall contact the Pechanga Tribe to notify the Tribe of their intent to pull permits for the proposed grading and excavation, and to coordinate with the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Pechanga Tribal Monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors, including overtime and weekend rates, in addition to mileage reimbursement; and treatment and final disposition of any cultural resource , sacred sites, and human remains discovered on the site. The Pechanga Tribal Monitor will have the authority to stop and redirect grading in the immediate area of a find in order to evaluate the find and determine the appropriate next steps, in consultation with the Project archaeologist. Such evaluation shall include culturally appropriate temporary and permanent treatment pursuant to the Agreement which may include avoidance of cultural resources, in-place preservation and/or re -burial on the project property in an area that will not be subject to future disturbances for preservation in perpetuity. 44. Mitigation Measure MM -CUL -1c — Cultural Resources Sensitivity Training. The qualified archeologist, or an archaeologist working under the direction of the qualified archaeologist, and a representative of the Pechanga Tribe shall conduct preconstruction cultural resources sensitivity training which will include a brief review of the cultural sensitivity of the project and the surrounding area to inform construction personnel of the types of cultural resources that may be encountered, and of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. The applicant shall ensure that construction personnel are made available for and attend the training and shall retain documentation demonstrating attendance. All new construction personnel that begin work on the Project following the initial Training must take the cultural resources sensitivity training prior to beginning work and the project archaeologist and Pechanga Tribe shall make themselves available to provide the training on an as -needed basis. 45. Mitigation Measure MM -CUL -1d — Archaeological and Native American Monitoring and Resurvey of the South Parcel. Prior to issuance of a grading permit and prior to the start of any vegetation removal or ground disturbing activity, a qualified archaeological monitor and Pechanga Tribal monitor shall be retained by the applicant to monitor ground disturbing activities including, but not limited to, brush clearance and grubbing, grading, trenching, excavation, and the construction of fencing and access roads as indicated in MM -CUL -la and lb. The archaeological and Pechanga Tribal monitors shall re -survey the South Parcel involving ground disturbance, after vegetation removal and grubbing and prior to other ground disturbing activities. This will ensure that previously undocumented resources obscured by thick brush can be identified and appropriate treatment measures for the resources can be developed. Archaeological monitoring shall be conducted by an archaeologist familiar with the types of historic and prehistoric resources that could be encountered within the project, and under direct supervision of the qualified archaeologist. If ground disturbing activities occur simultaneous in two or more locations located more than 500 feet apart, additional archaeological and Pechanga Tribal monitors may be required. The archaeological and Pechanga Tribal monitors shall keep daily and/or weekly logs. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring, which shall be submitted to the City. Pechanga, and to the Eastern Information Center at the University of California, Riverside. 46. Mitigation Measure MM -CUL -1 e — Unanticipated Discovery. If cultural resources are encountered during the course of ground disturbing activities, the applicant shall cease any ground disturbing activities within 100 feet of the find until it can be evaluated by the qualified archaeologist, who shall inspect the find within 24 hours of discovery, during normal working hours. The qualified archaeologist, the archaeological monitor, and/or Native American monitor shall be empowered to halt or redirect ground disturbing activities away from the vicinity of the find until it has been assessed for significance. The qualified archaeologist, in consultation with the applicant and the Pechanga Tribe, shall assess the significance of discovered resources and shall take into account the religious beliefs, customs, and practices of the Pechanga Tribe. Avoidance shall be the preferred manner of mitigation pursuant to Calif. Pub. Res. Code §21083.2(b). Preservation in place may be accomplished by, but is not limited to, complete avoidance, incorporating the resource into open space, or deeding the site into a permanent conservation easement. In the event that preservation in place is demonstrated to be infeasible and data recovery through excavation is determined to be the only feasible mitigation option, a treatment plan shall be prepared and implemented by the qualified archaeologist, in consultation with the applicant and the Pechanga Tribe. The treatment plan shall provide for the adequate recovery of the scientifically consequential information contained in the archaeological resource. The Pechanga Tribe shall be consulted to ensure that cultural values ascribed to the resource, beyond that which is scientifically important, are considered and additional appropriate mitigation to address the cultural values is applied. The treatment plan shall also provide for the analysis, reporting, and curation/disposition of resources in accordance with the Treatment Agreement required in MM -CUL -lb. 47. Mitigation Measure MM -CUL -1f — Completed Avoidance of Impacts to the TCP. The City and the Project Applicant/Land Owner shall ensure that no impacts occur to the Traditional Cultural Property south of the proposed South Parcel Area. This includes, but is not limited to off-site improvements, staging activities, trenching, geotechnical work, Riverside County Flood Control improvements, Water Department impacts, Public Works projects, biological and fire control programs, and any other program or project that would affect the integrity of the TCP. Should any of these activities, or others as indicated, be proposed, the City and the Applicant/Land Owner shall contact the Pechanga Tribe for additional consultation and review. 48. Mitigation Measure MM -CUL -2a — Paleontological Resource Impact Mitigation Program (PRIMP). The applicant shall implement the paleontological mitigation program outlined in the PRIMP (Kennedy and Wirths, 2013) during project implementation. The PRIMP requires paleontological monitoring of mapped exposures of the sandstone facies of the Pauba Formation (Qp) as shown on Attachment 3a of the PRIMP. In addition, because the fanglomerate facies of the Pauba Formation is considered to have undetermined potential to yield significant paleontological resources, initial excavations into the unit shall be spot- checked by a qualified paleontologist (defined as a paleontologist meeting the Society for Vertebrate Paleontology Standards, 2010) to determine if the lithology of the geological unit is conducive to the preservation of unique paleontological resources. The qualified paleontologist shall also contribute to any construction worker cultural resources sensitivity training, either in person or via a module provided to the qualified archaeologist. Monitoring shall be conducted by a qualified paleontologist, or a monitor working under the direct supervision of a qualified paleontologist. Monitors shall have the authority to temporarily halt or divert work away from exposed fossils in order to recover the fossil specimens. The qualified paleontologist, based on observations of subsurface soil stratigraphy or other factors, may reduce or discontinue monitoring, as warranted, if the qualified paleontologist determines that the possibility of encountering fossiliferous deposits is low. Monitors shall prepare daily logs detailing the types of activities and soils observed, and any discoveries. Any fossils recovered shall be prepared to the point of identification and curated at an accredited facility. The qualified paleontologist shall prepare a final monitoring and mitigation report to be submitted to the City and filed with the local repository. 49. Mitigation Measure MM -CUL -2b - Unanticipated Paleontological Resources Discoveries. If construction or other project personnel discover any potential fossils during construction, regardless of the depth of work, work at the discovery location shall cease until the qualified paleontologist has assessed the discovery and made recommendations as to the appropriate treatment. 50. Mitigation Measure MM -CUL -3 — Human Remains. If human remains are uncovered during project construction, the applicant shall immediately halt work and follow the procedures and protocols set forth in Section 15064.5(e) of the CEQA Guidelines, which require compliance with Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98 (as amended by AB 2641). The applicant shall immediately contact the Riverside County Coroner to evaluate the remains. If the County Coroner determines that the remains are Native American and not subject to his or her authority, the County Coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours. The NAHC shall designate a Most Likely Descendant (MLD) for the remains, who shall have 48 hours from the time of being granted access to the site to provide recommendations to the landowner for the means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods. Until the landowner has discussed and conferred with the MLD, the landowner shall ensure that the immediate vicinity where the discovery occurred is not subject to further disturbances, is adequately protected according to generally accepted cultural and archaeological standards, and that further activities take into account the possibility of multiple burials. In the event that no MLD is identified, or if the MLD fails to make a recommendation for disposition, or if the landowner rejects the recommendation of the MLD and mediation with the NAHC fails to provide measures acceptable to the landowner, the landowner may reinter the remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance. 51. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. 52. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." 53. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit 54. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance per the Development Agreement (PA14-0161). The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 55. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee per the Development Agreement (PA14-0161). 56. Quimby Requirements. Per the Development Agreement, the developer has satisfied the City's parkland dedication (Quimby) requirement through the provision of parks and open space identified in the Altair Specific Plan. These parks will be privately maintained, but open to the public. The Central Park in Village C will be dedicated to the City per the Development Agreement (PA14-0161). 57. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 58. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 59. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 60. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 61. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 62. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, 'Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 63. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 64. Wall and Fence Plans. Wall and fence plans shall be reviewed with all landscape plans, and shall be consistent with the Altair Specific Plan. 65. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 66. Landscaping Requirement for Phased Development_ If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control, 67. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 68. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 69. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 70. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 71. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map 72. Final Map. A copy of the Final Map for each phase shall be submitted to, and approved by, the Planning Division. 73. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. 74. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) for the project or any phase thereof shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of the CC&Rs. Amended CC&Rs will require a $2,000 deposit. The applicant shall be responsible for al costs incurred during review of the CC&Rs and additional fees may be required during the course of the review. 75. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. 76. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 77. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 78. CC&Rs and Management and Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the Water Quality Management Plan for the project or any phase thereof. 79. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 80. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 81. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 82. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 83. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 84. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 85. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. 36959, -1, -2, and -3, require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 86. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of Tots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 87. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 88. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. 89. General. The CC&Rs shall contain a provision requiring the HOA to perform yearly inspections of garages to ensure adequate parking. 90. General. The CC&Rs shall contain a list of all disclosures (tax rate — Mello Roos, wildlife, noise, etc.) as required by the City of Temecula and State of California. OUTSIDE AGENCY LETTERS 91. Rancho Water. The applicant shall comply with the recommendations set forth in the Rancho Water transmittal dated August 26, 2014, a copy of which is attached. 92. Riverside County Flood Control and Water Conservation District (RCFCWD). The applicant shall comply with the recommendations set forth in the RCFCWD transmittal dated March 5, 2015, a copy of which is attached. 93. Metropolitan Water District (MWD). The applicant shall comply with the recommendations set forth in the MWD transmittal dated April 14, 2015, a copy of which is attached. 94. Army Corps of Engineers (ACOE). The applicant shall comply with the recommendations set forth in the ACOE transmittal dated May 18, 2015, a copy of which is attached. 95. Southern California Edison (SCE). The applicant shall comply with the recommendations set forth in the SCE transmittal dated September 17, 2015, a copy of which is attached. 96. Eastern Municipal Water District (EMWD). The applicant shall comply with the recommendations set forth in the EMWD transmittal dated September 21, 2016, a copy of which is attached. FIRE PREVENTION General Requirements 97. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20 -PSI residual operating pressure for a 2 -hour duration for this projects. The fire flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020). 98. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2'/z" outlets) shall be located on fire access roads and adjacent public streets. For all multi -family projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for all and for single family dwellings and tract homes hydrants shall be 500 feet apart, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. (CFC Appendix C and Temecula City Ordinance 15.16.020). 99. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 100. Water Maintenance Agreement. An agreement for the maintenance and repair of any and all existing underground Fire Department water systems, including all fire sprinkler supplies, and all fire hydrants and supplies, will be in place as a condition of this division to maintain available water in perpetuity Prior to Issuance of Grading Permits 101. Turning Radius (Culdesac). Maximum cul-de-sac length shall not exceed 1320 feet. Minimum outside turning radius on any cul-de-sac shall be 37 -feet for single family dwelling tracts and 45 feet for multi -family dwelling tracts. (CFC Chapter 5 along with the Temecula City Ordinance 15.16.020). 102. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020) 103. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet with an unobstructed vertical clearance of not less than 13 feet 6 inches. (CFC Chapter 5 and Temecula City Ordinance 15.16.020). 104. Gradient Of Access Roads. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Certificate of Occupancy 105. Knox Box. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5) 106. File Format Requirements. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable PUBLIC WORKS DEPARTMENT General Requirements 107. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission will subject the project to further review and may require revision. 108. Developer shall execute a City Standard Subdivision Improvement Agreements for the applicable phase of the development to install and secure with appropriate security as provided by law, public improvements shown on the tentative map. These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage structures, and best management practices for stormwater treatment, reconstruction, replacement and repair of adjacent improvements where the subdivision transitions and connects to existing improvements as applicable. Said improvements shall be installed to City Standards to the satisfaction of the Director of Public Works. 109. Prior to approval of improvement plans or final map for each phase, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the Water District Engineer. 110. Prior to issuance of building permits for each phase, Developer shall underground all existing overhead utilities along and within the subdivision boundary. 111. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting the Western Bypass Corridor Road. 112. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for the Sewer, Water and Storm Drainage easements shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. 113. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the Director of Public Works, prior to or concurrent with any grading or building permit. 114. All utility systems such as electric, including those which provide direct service to the project site and/or currently exist along public rights -of -ways adjacent to the site (except electrical lines rated 33 kv or greater), gas, telephone, water, sewer, and cable TV shall be placed underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. 115. Prior to the issuance of any grading permit, as deemed necessary by the Department of Public Works, the Developer shall consult with the State of California Department of Fish and Game, U.S. Army Corps of Engineers, and U.S. Fish and Wildlife Service to determine if permits or approvals are necessary from such agencies for any action contemplated by this proposal. Such consultation shall be in writing, and copies of said correspondence, including responses from agencies, shall be submitted to the City. Where deemed appropriate by the Director of Public Works, the terms, conditions, and recommendations of the noted agencies shall be incorporated as Conditions of Approval into the areas of development. 116. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 117_ Landscaping and permanent irrigation facilities shall be installed with all street improvements on and off-site grading. Perimeter walls, where required, shall be treated with graffiti -resistant coating and shall be installed adjacent to street improvements within each phase. 118. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06, unless otherwise provided for by a written agreement between the City and the Developer. 119. All development within this site shall be in accordance with the requirements of all City ordinances, except as expressly modified herein or by development agreement, and State laws, and shall conform to the approved Specific Plan. Regulations or procedures not covered by the Specific Plan or appurtenant documents shall be subject to the City ordinances in effect at the time entitlement is required. 120. Approval of this Specific Plan is contingent upon and shall not become effective nor shall it vest until a General Plan Amendment (GPA) is approved by the City Council, and an Environmental Impact Report (EIR) or any other environmental review under the provisions of the California Environmental Quality Act (CEQA) are certified by the City Council. 121. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Temecula Valley Unified School District that this project has satisfied its obligation to comply with all school district requirements. 122. The first submittal of Final Landscape and Irrigation Plans for each phase shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 123. A detailed noise attenuation evaluation shall be conducted in a supplemental acoustical study to be submitted when the tract map is filed with the appropriate agency. 124. Prior to the approval of a development plan or tentative map for individual planning areas, the developer and City staff will review plans, especially for multi -family housing areas, commercial uses, and parks for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities. 125. Prior to approval of any development projects, appropriate clearances, conditions and approvals from all agencies with jurisdiction on project review shall be obtained by the developer. These agencies shall be determined by the Director of Planning and the Director of Public Works. 126. Developer shall cause property owner to execute and submit to the Director of Public Works for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 127. The developer or the developer's successor -in -interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement, litter removal and erosion control as applicable. 128. Prior to approval of any development projects, the developer shall investigate the feasibility of a reclaimed water system, to irrigate landscaping within the roadway medians, parkways, drainage channel, schools, the community park, the paseo park, neighborhood parks, and other common open space areas. The developer shall provide evidence that compliance with this condition is in accordance with Senate Bill 2095. 129. Developer shall provide to the Director of Public Works, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements (e.g. roads, driveways, sidewalks, utilities, water quality treatment facilities and private storm drain improvements, etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 130. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 131. All lighting shall be reviewed by the City to assure compliance with the Ordinance No. 655. 132. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs consistent with the Specific Plan. Grading 133. No grading shall be permitted for any development area prior to tentative map approval and issuance of grading permits for the specific area of development. 134. Grading plans and operations shall be in accordance with the Uniform Building Code, City Grading Standards, the recommendations contained in the Geotechnical Report, or any subsequent reports prepared for the project, the conditions of the grading permit, and accepted grading construction practices and the recommendations and standards specified in the Specific Plan and Environmental Impact Report (EIR) document. 135. Prior to issuance of any grading permit, erosion control plans shall be prepared in conformance with applicable City Standards and subject to approval by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements as applicable. 136. Each subsequent application for a phase of development shall include a conceptual grading plan to indicate at a minimum: a) Preliminary quantity estimates for grading. b) Techniques and methods which will be used to prevent erosion and sedimentation during and after the grading process in compliance with the City Standards and NPDES requirements. c) Preliminary pad and roadway elevations. d) Designation of the borrow or stockpile site location for import/export material. e) Approximate time frames for development including the identification of areas which will be graded during the rainy months. f) Hydrology and hydraulic concerns and mitigations. 137. Major grading activities shall be scheduled during the dry season wherever possible, or as otherwise approved by the Department of Public Works. 138. Soils stabilization, which may include revegetation of graded areas, shall occur within 30 days of completion of grading activities as directed by the Department of Public Works. 139. The site shall be watered during grading operations to control dust. 140. Temporary drainage and sediment control devices shall be installed as directed by the Department of Public Works. 141. An import/export route shall be submitted to the Department of Public Works prior to issuance of any grading permit. The plan shall include limitation to the duration of the grading operation and construction activities, a Traffic Control Plan, and a daily time schedule of operations. 142. Prior to issuance of any grading permit, a soils reports shall be submitted to the Department of Public Works for review and approval, to address engineering, geologic, seismic, and soils engineering concerns for each tentative map or commercial parcel map for each phase of proposed development. 143. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 144. All public streets shall be maintained and cleaned if necessary on a daily basis during grading operation and construction activities. Cash deposit, letter of credit or posting of bond to guarantee maintenance of all public rights-of-way affected by the grading operations and construction activities, shall be posted prior to issuance of grading permits. 145. If subsequent Geotechnical and Soils Reports determine that dewatering of the site is necessary during construction, necessary permits (ie. in compliance with NPDES permit) shall be obtained from appropriate agencies prior to approval of the grading plans. Drainage 146. Floodplain/Floodway Development. If applicable, the developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Conditional Letter of Map Revision (CLOMR) from FEMA. A FEMA -approved CLOMR shall be submitted to Public Works for review and approval. The developer shall pay all fees required by FEMA (and City) for processing of the FEMA reviews. 147. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 100 -year storm event) from the development of this site and upstream of the site as required by the City. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 148. Drainage and flood control facilities shall be provided in accordance with the requirements of the City and/or Riverside County Flood Control and Water Conservation District (RCFC&WCD). 149. Prior to approval of any subsequent development applications, the Developer shall submit the master drainage plan to the City and RCFC&WCD to review the adequacy of the proposed and existing downstream drainage facilities. 150. Drainage facilities within each phase shall be constructed immediately after the completion of the site grading and prior to or concurrently with the initial site development within that phase. 151. All drainage facilities shall be designed to convey 100 -year storm flows, subject to the approval of the Department of Public Works and RCFC&WCD, as applicable. 152. The Developer shall construct the proposed on and offsite drainage facility improvements and the interim detention basin provision as recommended in the Specific Plan and Drainage Study documents and/or as directed by the Department of Public Works and RCFC&WCD, as applicable. 153. As required by the Department of Public Works, additional Hydrology and Hydraulic Reports shall be submitted with subsequent tentative maps and/or development applications to study the drainage impacts and analyze necessary measures to mitigate the runoff created as part of the development of this project. 154. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site as required by the Director of Public works. 155. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing drainage easements as necessary. 156. During review of any future tentative map, an updated geotechnical/geologic report shall be prepared to include any necessary revisions to earthwork, foundation, design, and construction recommendations. 157. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 158. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 159. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. WQMP / SWPPP 160. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board; b. Army Corps of Engineers; c. California Department of Fish and Wildlife; d. Riverside County Flood Control and Water Conservation District; or other affected agencies 161. Water Quality Management Plan (WQMP). The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal for any phase approval by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. Refer to the WQMP template and agreement link below: http://www.cityoftemecula.org/Temecula/Government/PublicWorks/WQMPandNPDES/W QMP.htm 162. Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: http://www. citvoftemecula.orq/Temecula/Government/PublicWorks/engineeringconstman ual. htm 163. 0 & M Agreement: The developer shall submit a completed WQMP Operation and Maintenance (O&M) Agreement for review and approval 164. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 165. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a_ A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: htto://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml Circulation 166. Prior to Final Map recordation for each phase, the Developer is responsible to bond for or construct the traffic signals at the project's accesses, as required, including the associated street improvements, based on traffic signal warrants analysis relative to subsequent tentative maps and/or development applications. 167. Adequate primary and secondary access shall be provided for each phase of development as approved by the Department of Public Works. Access to and from developments areas shall be reviewed by the Department of Public Works at the time of submittal of individual tentative maps and/or development applications. Additional rights-of-way at entries to the aforementioned sites may be required to provide for turning lanes as directed by the Department of Public Works, consistent with the Specific Plan and the Tentative Tract Map. 168. The exact location and number of access points shall be subject to review and approval by the Department of Public Works upon future tentative map and/or development plan approvals consistent with the Specific Plan and the Tentative Tract Map. 169. All street sections shall correspond with Typical Roadway Cross Sections and requirements of the Circulation Element of City's General Plan, City ordinances and standards or as approved with the Specific Plan and the Tentative Map. 170. All intersection intervals shall comply with City standards and requirements. 171. Developer, at its sole cost, shall design and improve Vincent Moraga Road to ensure that all driveways providing access from to adjoining properties shall be allowed for safe ingress and/or egress. Improvements may include, but not be limited to, truck deceleration, acceleration and turn -in lanes. The improvements shall conform to the standards adopted by the City of Temecula for public roadway and rights of way consistent with the Specific Plan and the Tentative Tract Map. 172. Developer, at its sole cost, shall fund the acquisition and installation of traffic signals and related roadway and right of way improvements, when warranted. The design and installation shall conform to the standards adopted by the City of Temecula, consistent with the Specific Plan and the Tentative Tract Map. 173. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The limits of these sight distance corridors shall be reflected on all improvement, grading, or landscape plans prepared in association with the development. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Temecula Engineering Standards. 174. The Developer shall provide bus bays and shelters within the Specific Plan. Location and number of bus bays shall be subject to approval of the City and Riverside Transportation Agency (RTA). Additional rights-of-way dedications associated with bus bays shall be provided by the Developer. 175. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the Director of Public Works. The structural section of all private streets shall conform to City of Temecula Standards based on R -value tests, All private streets and drainage systems shall be inspected by the City. 176. Necessary improvements have been/will be conditioned based on the project traffic studies and the conceptual phasing plan shown in the Altair Specific Plan. Any substantive re -phasing of the development must be approved by the Planning and Public Works Director through a re -phasing application. Prior to the issuance of occupancy permits within any phase, all on and offsite improvements as referred to in the Traffic Reports and subsequent addenda along with additional requirements set herein, or as set by conditions on individual tracts, must be constructed and/or bonded as required by the Department of Public Works. 177. Ensuing Traffic Reports, analyzing traffic impacts associated with subsequent development stages of the Specific Plan, shall be submitted to the Department of Public Works to identify implementation and timing of the necessary improvements to mitigate cumulative traffic impacts. Traffic Mitigation Monitoring Program 178. The Traffic Mitigation Monitoring Program shall be established in compliance with the approved mitigation measures identified in the approved Traffic Impact Analysis and shall be completed prior to issuance of first occupancy permit in each additional phases of the development as required by the Director of Public Works. Water and Sewer 179. Water and sewer facilities shall be installed in accordance with the requirements and specifications of the City, Rancho California Water District (RCWD), and Eastern Municipal Water District (EMWD). Such requirements shall be applicable thru completion of this development. 180. Prior to the approval of final engineering for each phase as subsequent development applications, the Developer shall obtain written approval for the water system from RCWD. 181. Prior to the approval of final engineering for each phase subsequent development applications, the Developer shall obtain written approval for the sewer system from EMWD. 182. The Developer shall install potable water services and meters at locations approved by the Water District Engineer. The locations of said services shall be reflected on public improvement plans. 183. The Developer shall install sewer laterals and clean -outs at locations approved by the Sewer District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. Final Map Notes 184. Add the following notes to the final map as non -mapping data: "All improvements within private Streets are privately owned and are to be privately maintained with including but not limited to: Curbs, gutter, A.C. paving, street lights, storm drains, All Storm Water treatment control facilities are considered private requiring private maintenance." Master HOA 185. Developer shall establish a Master homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit for a phase, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: d. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. e. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to reasonably disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. f. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements," the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such 9. maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. h. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth on the "Developer Responsibility Map" of the Specific Plan. Lighting Restrictions on Private Residential Lots: Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set forth in the Specific Plan and Final EIR. Prior to the Issuance of Grading Permits 186. Required Clearances. As deemed necessary by the Director of Public Works, the developer shall receive written clearance when applicable, from the following agencies: a. San Diego Regional Water Quality Control Board; b. Army Corps of Engineers; c. California Department of Fish and Wildlife; d. Riverside County Flood Control and Water Conservation District; e. Riverside County Health Department; f. City of Temecula Fire Prevention Bureau; g. Planning Department; h. Department of Public Works: i. Community Services District; j. Caltrans; k. Rancho California Water District; I. Eastern Municipal Water District; m. Verizon; n. Telephone Company; o. Southern California Edison Company; p. The Gas Company; and q. Metropolitan Water District or other affected agencies 187. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid or fee credits have been provided. 188. Securities. For each of the phases, the developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the grading and erosion & sediment control improvements. 189. Area Drainage Plan (ADP) Fee to RCFC&WCD. For each phase, the developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 190. The developer shall provide proof to the Department of Public Works and Planning that the conditions of any Wildlife Agency or Army Corps permits if necessary for any restoration have been bonded for and shall be implemented consistent with the timing requirements of the permits. 191. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided in Altair Specific Plan and the Development Agreement. 192, The project shall comply with the latest disabled access requirements pursuant to Title 24 of the California Building Code. 193, Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for each phase of this project is required. Developer shall apply for and obtain a grading permit from the Director of Public Works. 194. This project requires off site grading. No grading for any improvements shall occur outside the limits of this approval unless Developer obtains, records, and submits a recorded copy to the Director of Public Works a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the Director of Public Works and Planning Director. 195. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements; b. from the California Department of Transportation if encroaching within their right- of-way; and c. from Riverside County Flood Control & Water Conservation District (RCFC&WCD) if encroaching within their right-of-way. 196. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the Director of Public Works for the proposed haul route. 197. Upon completion of grading, Developer shall file an "as -graded" geologic plan with the Director of Public Works. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24"x 36" mylar or similar drafting film format suitable for a permanent record. Prior to the Issuance of Building Permits 198. Final Map. Final Map shall be approved and recorded for the applicable phase. 199. The developer shall provide proof to the Director of Public Works that the has contributed its fair share towards regional traffic improvements systems (i.e., traffic impact fees) for the area the area through a Development Agreement. This shall include efforts to synchronize traffic lights on streets impacted by development of each phase. 200. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Phasing 201. Construction of the development permitted by the Specific Plan, including recordation of final subdivision maps, may be carried out in stages provided that, adequate vehicular access is constructed for all dwelling units in each stage of development and further provided that such development conforms substantially with the intent and purpose of the Specific Plan Phasing Plan, 202. Development applications shall be submitted for each planning unit in each phase. Total acreage and land uses within each phase shall be substantially in accordance with the specifications of the Specific Plan. 203. The Developer shall be permitted to seek a reimbursement agreement for qualifying facilities and improvements. The City and the Developer shall proceed in good faith to allocate appropriate reimbursements to the Developer pursuant to the City's then enforceable ordinance applicable to such reimbursement pursuant to Development Agreement. Tract Map 36959-1 (North Phasel In addition to the above noted Conditions, the following improvements shall be completed as part of North Phase and prior to 15t building permit in North Phase: 204. Acquisition of right-of-way on the east side of Vincent Moraga between Felix Valdez and Rancho California Road and construction of the designed Western Bypass Corridor northbound right turn lane improvements within this road segment. 205. Acquisition of right-of-way on the south side of Rancho California Road between Vincent Moraga Drive and the Murrieta Creek Bridge and construction of all intersection improvements within this road segment including an additional westbound left turn lane on Rancho California Road to Vincent Moraga Drive. 206. Traffic signal and utility relocation where needed and construction of the ultimate build -out of the Rancho California Road, Diaz Road and Vincent Moraga Drive intersection. 207. Construction of the designed onsite Western Bypass Corridor Phase 1 improvements from the project's northern property line to the future Altair Vista intersection. 208. Construction of the Ridge Park Drive and Western Bypass Corridor intersection improvements to provide left -turn ingress and right-in/right-out to Ridge Park Drive. Developer shall construct one hundred percent (100%) of this Fair Share traffic improvement. 209. Install Multi -Way Stop Controls at the First Street & Pujol Street intersection. Developer shall construct one hundred percent (100%) of this Fair Share traffic improvement. 210. The following improvements shall be constructed as part of the North Phase and completed prior to the earlier of, i) the 350th building permit in North Phase, or ii) the 15t building permit in the Central Phase: 211. Acquisition of right-of-way on the west side of Vincent Moraga Drive between Felix Valdez and Rancho California Road and construction of the designed Western Bypass Corridor improvements within this road segment. 212. Acquisition of right-of-way on the east side and west side of Vincent Moraga Drive between Felix Valdez and Ridge Park Drive and construction of the designed Western Bypass Corridor improvements within this road segment. 213. Following the occupancy of both villages within this North Phase (Village A and Village B), optimize Adaptive Traffic Signal Program at: (a) Intersection of Old Town Front Street and Rancho California Road; (b) Intersection of Ynez Road and Rancho California Road; (c) including the collection of intersection traffic count data at affected intersections. Tract Map 36959-2 (Central Phase) In addition to the above noted Conditions, the following improvements shall be completed as part of Central Phase and prior to 1st building permit in Central Phase: 214. Construction of the designed Coromell Trail road segment between Altair Vista and First Street. 215. Installation of one (1) new left turn lane (re -stripe only), and modify signal operation, install signal indications and necessary equipment at Ynez Road and Santiago Road. 216. Construction of traffic signals at the Pujol Street and First Street intersection. Developer shall construct one hundred percent (100%) of this Fair Share traffic improvement. 217. The following improvements shall be constructed as part of the Central Phase and completed prior to the issuance of any building permits on pads south of the Village C Park: a. Construction of the "A" Street vehicular bridge that crosses over the Village C Park. 218. The following improvements shall be constructed as part of the Central Phase, shall commence before the 700th building permit is issued in the project and completed prior to the earlier of, i) the 950m building permit in the project, or ii) the 1st building permit in the South Phase: a. Construction of either the Western Bypass Bridge or construction of the Western Bypass Corridor Phase 2 improvements (two (2) eastern lanes; ultimate northbound) including parallel Class 1 bikeway. If requested by Developer, City will allow for stockpiling of dirt on either Village G or the Nature Center Parcel prior to grading permit issuance for the Civic Phase. 219. Following the construction of the Western Bypass Bridge and Phase 2 Road, optimize Adaptive Traffic Signal Program at: (a) Intersection of 1-15 northbound onramp and Temecula Parkway; (b) Intersection of Temecula Parkway and Margarita Road; (c) Intersection of Ynez Road and Santiago Road; (d) including the collection of intersection traffic count data at these affected intersections. Tract Map 36959-3 (South Phase) 220. In addition to the above noted Conditions, the following improvements shall be completed as part of South Phase and prior to 1St building permit in South Phase: a. Construction of both the Western Bypass Bridge and construction of the Western Bypass Corridor Phase 2 improvements (two (2) eastern lanes; ultimate northbound) including parallel Class 1 bikeway. If requested by Developer, City will allow for stockpiling of dirt on either Village G or the Nature Center Parcel prior to grading permit issuance for the Nature Center Phase. b. Construction of traffic signal improvements at the Western Bypass Corridor and Altair Vista intersection. c. Construction of the designed "B" Street North road segment between Altair Vista and the Western Bypass Corridor. 221. Following the completion of the villages in this South Phase (Village D, Village E and Village F), optimize Adaptive Traffic Signal Program at: (a) Intersection of 1-15 northbound onramp and Temecula Parkway; (b) Intersection of Temecula Parkway and Margarita Road; (c) Intersection of Ynez Road and Santiago Road; (d) including the collection of intersection traffic count data at these affected intersections. Tract Map 36959 (Civic Phase) 222. In addition to the above noted Conditions, the following improvements shall be completed as part of Civic Phase and prior to 151 building permit in Civic Phase: a. Construction of all remaining Western Bypass Corridor improvements (Phase 3 which includes 2 western lanes; southbound). b. Construction of traffic signal improvements at the Western Bypass and "B" Street intersection. 223. Following completion of both villages in this Civic Phase (Village G and Nature Center), optimize Adaptive Traffic Signal Program at: (a) Intersection of Old Town Front Street and Rancho California Road. (b) Intersection of Ynez Road and Rancho California Road; (c) Intersection of 1-15 northbound onramp and Temecula Parkway; (d) Intersection of Temecula Parkway and Margarita Road; (e) Intersection of Ynez Road and Santiago Road; (f) including the collection of intersection traffic count data at these affected intersections. TEMECULA COMMUNITY SERVICES DEPARTMENT General Requirements 224. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 225. The current park dedication requirement (Quimby) shall be satisfied with the 5 acre community park, the proposed private Parks that are HOA owned and maintained including recreational areas identified in the Altair Specific Plan. 226. The actual design of the 5 acre community park in Central Phase shall be in substantial conformance with the conceptual designs and guidelines identified within the Specific Plan. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided on site. Construction plans and specifications must be approved by the Director of Community Services. 227. All park plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and the Park Land and Landscape Dedication Process. 228. The design of the community park in Central Phase shall provide for pedestrian circulation and access for the disabled throughout the park. 229. The developer, the developer's successor or assignee, or Master HOA shall be responsible for all maintenance of the park sites and slopes/landscaping areas except as defined in the Development Agreement, on Developer Responsibility Map. 230. The 5 acre community park shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall also be provided with the conveyance of the property. 231. The developer may receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park in Central Phase. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. ALTAIR PROJECT PHASING - EXHIBIT B FIVE PRIMARY PHASES - BASED ON GRADING Updated: 03/15/2016 TOTAL PROJECT Civic Phase Units/Village Cumulative Units G 130 Units 1,750 Units 130 Units South Units/Village D 160 Units E 115 Units F 180 Units 455 Units Phase Cumulative Units 1,325 Units 1,440 Units 1,620 Units Central Phase Units/Village Cumulative Units C -N 225 Units 725 Units C -S 440 Units 1,165 Units 665 Units North Units/Village A 280 Units B 220 Units 500 Units Phase Cumulative Units 280 Units 500 Units NORTH PHASE — Prior to 15t Building Permit North Phase rough graded Ridge Park Drive improvements including "T" intersection. Altair Vista phase 1 Western Bypass phase 1 Vincent Moraga widening from Ridge Park Dr to Rancho Calif Rd (except east lanes between Felix Valdez & Rancho Calif Rd)* East Lanes to build -out width between Felix Valdez & Rancho Calif Road 4,44; Left turn lane on Rancho Cal _ "'�• '�'4.'- - r. r.4 (' Four-way stop at First Street and Pujol Street t.4 North Phase Offsite Sewer * Master Developer shall put forth a good faith effort to acquire the ROW needed along Vincent Moraga. If unsuccessful in the ROW acquisition after several attempts, then the City shall initiate eminent domain proceedings as necessary. These improvements shall be complete prior to the earlier of, i) issuance of the 350th building permit for the project, or ii) issuance of the 15t building permit for the Central Phase. All intersection improvements and signal relocations are complete.* Yellow Highlight: Identifies improvements being constructed earlier than in previous submittal. CENTRAL PHASE — Prior to 15t Building Permit Central Phase rough graded Altair Vista phase 2 "A" Street phase 1 (secondary access provided by neighborhood internal streets) Levant Trail connects Altair Vista to First Street DG trail at Village B toe of slope Central Phase Offsite Sewer Street and Pujol Street Yellow Arrows 1::>: Interim pedestrian access to Old Town will occur from the east side of the Western Bypass, along the base of the Village B pad, to Pujol St. and across the Main St. Bridge. Yellow Highlight: Identifies improvements being constructed earlier than in previous submittal. CENTRAL PHASE — Prior to Building Permits in Village C, south of the park Village C Park phase 2 — Soft' Landscape. !!17 "air.:i 'J • . Altair Vista phase 3 "A" Street phase 2 and vehicular bridge Western Bypass phase 2 (2 lanes constructed; ultimate NB), parallel Class 1 Bikeway* Western Bypass Bridge* Recreation Center (west building) or Community Center (east building) — C of 0 to be obtained prior to the earlier of, i) 950th building permit for the project, or ii) 1st building permit for the South Phase. Main Street transition, grand stairway and Village C Park PH 1 (ADA access provided to 'A' Street) * Start: Construction of the WBC Bridge or grading of the South Phase to complete the WBC connection shall start prior to the 700th building permit (40%) for the project. Complete: The WBC Road and Bridge improvements shall be constructed prior to the earlier of, i) issuance of the 950th building permit for the project (54%), or ii) issuance of the 1st building permit for the South Phase. If the Civic Phase grading has not yet commenced, the City shall provide the Master Developer with the ability to stock pile dirt onto the Civic Site. Yellow Highlight: Identifies improvements being constructed earlier than in previous submittal. SOUTH PHASE — Prior to 1st Building Permit Village C Park phase 2 —'Hard' Landscape. y South Phase rough graded Altair Vista phase 4 "B" Street North connects to Western Bypass and Pujol Street Signal improvements at Western Bypass and Altair Vista Western Bypass phase 2 (2 lanes 1 constructed; ultimate NB) and parallel Class 1 Bikeway* Western Bypass Bridge* * Start: Construction of the WBC Bridge or grading of the South Phase to complete the WBC connection shall start prior to the 700th building permit (40%) for the project. Complete: The WBC Road and Bridge improvements shall be constructed prior to the earlier of, i) issuance of the 950th building permit for the project (54%), or ii) issuance of the 1st building permit for the South Phase. If the Civic Phase grading has not yet commenced, the City shall provide the Master Developer with the ability to stock pile dirt onto the Civic Site. Yellow Highlight: Identifies improvements being constructed earlier than in previous submittal. SOUTH PHASE — Prior to 300th Building Permit Yellow Highlight: Identifies improvements being constructed earlier than in previous submittal. CIVIC PHASE — Prior to 1st Building Permit Civic Phase rough graded Signal improvements at Western Bypass and "B" Street "B" Street South "C" Street Western Bypass phase 3, 2 SB lanes constructed 'e► Civic Phase Offsite Sewer Recreation Center (west building) or Community Center (east building), C of 0 for whichever building has not yet been constructed . %eir orA Yellow Highlight: Identifies improvements being constructed earlier than in previous submittal. TOTAL PROJECT TIMING OF CIVIC PHASE DELIVERY & WESTERN BYPASS BRIDGE Due to traffic volumes, the Western Bypass Bridge will need to be installed prior to a building permit being issued for the Civic Site. If the Civic Phase is accelerated then so will construction of the Western Bypass Bridge as well as the connection to Pujol Street. Yellow Highlight: Identifies improvements being constructed earlier than in previous submittal. COMPLETELY TEMECULA. SPECIFIC PLAN November 2017 R4'1%,' `_is • - / y 1 ti -i� t-. •r I J 1= r: - sir 1 -its - 4 ,• - �'1 7 t't 0 r. i. '71 r itoesither 20117 s • t; s *alhfir SPECIFIC PLAN Prepared by: 179 Calle Magdalena, #201 Encinitas, CA 92024 EIZI40111111M11111 carrierjohnson + CULTUR3 2850 Womble Road Suite 100-403 San Diego, CA 92106 1 301 Third Avenue San Diego, CA 92101 November 2017 —S COMPANIES' COMPANIES 2020 Camino Del Rio North Suite 1000 San Diego, CA 92108 I • hr - • 1- 11 lin elum1-.1 1� i • 11' { 1 ( 1 i r Neil 2017 ;D1 1 +� r ' *hi :F' A!•+j 1.vr - 11 _,:; F,lti _ It 4, r LP 1,1 `r 1 1, .1 ,' ■ _ d 1 1. d • • f 1. int_ 1 TABLE OF CONTENTS ail t"Ai r 1 SUMMARY 1-1 1.1 Document Purpose 1-1 1.2 Related Application and Studies 1-1 1.3 Legal Authority and Process 1-1 1.4 Organization 1-2 2 INTRODUCTION 2-1 2.1 Vision 2-1 2.2 Smart Growth 2-1 2.3 Site 2- 6 2.4 Design Concept 2-9 2.5 Land Use 2-15 2.6 Relationship to the General Plan 2-17 3 LAND USE 3-1 3.1 Summary 3-1 3.2 Relationship of Land Uses to Zoning 3-7 3.3 Open Space 3-7 3.4 Altair Villages 3-7 3.5 Village A 3-9 3.6 Village B 3-17 3.7 Village C 3-23 3.8 Village D 3-33 November 2017 (TABLE OF CONTENTS 1 3.9 Village E 3-41 3.10 Village F 3-49 3.11 Village G 3-57 3.12 School Site 3-63 3.13 Civic Site 3-69 4 CIRCULATION PLAN 4-1 4.1 Pedestrian Walkways, Trails & Bikeways 4-3 4.2 Circulation Plan - Vehicular 4-19 5 GRADING PLAN 5-1 5.1 Grading Description 5-1 5.2 Grading Plan Standards 5-1 6 INFRASTRUCTURE AND UTILITIES 6-1 6.1 Drainage 6-1 6.2 Water 6-8 6.3 Sewer 6-17 6.4 Dry Utilities 6-21 7 PUBLIC SERVICES 7-1 7.1 Schools 7-1 7.2 Libraries 7-1 7.3 Fire Protection 7-3 7.4 Police 7-3 November 2017 SPECIFIC PLANET 7.5 Parks 7-3 7.6 Hospitals 7-4 7.7 Public Transit 7-4 7.8 Waste Management 7-7 8 OPEN SPACE AND RECREATION PLAN 8-1 8.1 Natural Open Space 8-4 8.2 Interstitial Open Space 8-5 8.3 Active Open Space 8-7 8.4 Private Open Space 8-10 8.5 Park Programming 8-10 8.6 Crime Prevention through Environmental Design 8-11 9 DESIGN GUIDELINES 9-1 9.1 Design Objectives 9-1 9.2 Building Placement 9-1 9.3 Building Form 9-2 9.4 Building Frontage 9-9 9.5 Utility Placement and Screening 9-22 9.6 Fences, Walls and Gates 9-25 9.7 Slopes and Retaining Walls 9-27 9.8 Materials, Textures and Colors 9-32 9.9 Public Art 9-34 %/T11SPECIFIC PLAN November 2017 1 TABLE OF CONTENTS (TABLE OF CONTENTS 1 9.10 Monuments and Gateways 9.11 Wind Screening 9,12 Outdoor Lighting 9.13 Streets 9.14 Signage 9.15 Accessibility 10 DEVELOPMENT STANDARDS 10.1 Application 10.2 Zoning 10.3 Height Limits and Vertical Projections 10.4 Setbacks and Build -To Line 10.5 Signage 10.6 Conceptual Landscape Plan 10.7 Parking 10.8 Fences, Hedges and Walls 10.9 Refuse and Service Areas 10.10 Building Types 10.11 Detached Housing 10.12 Multi-Plex 10.13 Rowhouse 10.14 Live/Work 9-41 9-45 9-45 9-46 9-47 9-48 10-1 10-1 10-1 10-1 10-4 10-8 10-10 10-24 10-26 10-27 10-28 10-29 10-38 10-42 10-47 November 2017 SPECIFIC PLAN 10.15 Multifamily Walk -Up 10.16 Multifamily Podium 10.17 Micro -Units 10.18 Mixed -Use 10.19 Iconic Tower 10.20 Civic Buildings / Nature Center 10.21 School Buildiings 10,22 Community Buildings 10-51 10-55 10-58 10-60 10-63 10-64 10-66 10-68 11 IMPLEMENTATION 11 - 1 11.1 Regulations that Administer the Specific Plan 11-1 11.2 Capital Improvements 11-5 11,3 Phasing 11-5 11.4 Maintenance 11-7 11.5 Density Transfer 11-7 11,6 Lot Reconfiguration or Consolidation 11-9 11,7 Financing Strategies 11-9 11.8 Services Deficit Fiscal Impact Payments 11-10 11.9 Annual Wildlife Conservation Fee 11-10 11.10 Severability 11-11 APPENDICES Appendix A - Plant Lists iar% SPECIFIC PLP.'. November 2017 TABLE OF CONTEN-5 TABLE OF CONTENTS 1 November 2017 SPECIFIC PLANf7 TABLES all r 3 LAND USE Table 3-1 Zones and Development Intensity 3-4 Table 3-1 Cont. Zones and Development Intensity 3-5 8 OPEN & RECREATION Table 8-1 Open Space Summary 8-2 Table 8-2 Park and Open Space Areas 8-2 10 DEVELOPMENT STANDARDS Table 10-1 Permitted Uses 10-2 Table 10-2 Zoning Regulations 10-3 Table 10-3 Parking Requirements 10-25 Table 10-4 Building Types 10-28 =11111SPECIFIC PL N November 2017 (TABLE OF CONTENTS 1 November 2017 SPECIFIC PLAN,% TABLE OF FIGURES alha�ir INTRODUCTION Figure 2-1 Regional Location Map 2-6 Figure 2-2 Vicinity Map 2-8 Figure 2-3 Connection to Open Space 2-10 Figure 2-4 Connection to Old Town Temecula 2-11 Figure 2-5 View Opportunities 2-12 Figure 2-6 Outdoor Rooms Linked Enfilade 2-13 Figure 2-7 Outdoor Rooms Linked in a "Daisy Chain" 2-14 Figure 2-8 Aerial Photograph 2-16 LAND USE Figure 3-1 Natural Open Space 3-2 Figure 3-2 Land Use 3-3 Figure 3-3 Zoning Map 3-6 Figure 3-4 Village A - Plan Area 3-8 Figure 3-5 Vehicular Access - Village A 3-10 Figure 3-6 Pedestrian Circulation - Village A 3-11 Figure 3-7 Park Plan at Village A 3-14 Figure 3-8 Village B - Plan Area 3-16 Figure 3-9 Vehicular Access - Village B 3-18 Figure 3-10 Pedestrian Circulation - Village B 3-19 Figure 3-11 Park Plan at Village B 3-20 SPECIFIC PLS'• November 2017 X Figure 3-12 Village C - Plan Area Figure 3-13 Vehicular Access - Village C Figure 3-14 Pedestrian Circulation - Village C Figure 3-'5 Park Plan at Village C Figure 3-16 Park Section at Village C Figure 3-17 Village D - Plan Area Figure 3-18 Vehicular Access - Village D Figure 3-19 Pedestrian Circulation - Village D Figure 3-20 Park Plan at Village D Figure 3-21 Village E - Plan Area Figure 3-22 Vehicular Access - Village E Figure 3-23 Pedestrian Circulation - Village E Figure 3-24 Park Plan at Village E Figure 3-25 Village F - Plan Area Figure 3-26 Vehicular Access - Village F Figure 3-27 Pedestrian Circulation - Village F Figure 3-28 Park Plan at Village F Figure 3-29 Village G - Plan Area Figure 3-30 Vehicular Access - Village G Figure 3-31 Pedestrian Circulation - Village G Figure 3-32 School - Plan Area 3-22 3-24 3-25 3-29 3-30 3-32 3-34 3-35 3-38 3-40 3-42 3-43 3-46 3-48 3-50 3-51 3-54 3-56 3-58 3-59 3-62 November 2017 SPECIFIC PLANK Figure 3-33 Vehicular Access - School Figure 3-34 Pedestrian Circulation - School Figure 3-35 Conceptual Site Plan - School Figure 3-36 Civic Site - Plan Area Figure 3-37 Vehicular Access - Civic Site Figure 3-38 Pedestrian Circulation - Civic Site CIRCULATION PLAN Figure 4-1 5 Minute Walk Figure 4-2 Circulation Plan - Pedestrian and Bicycle Figure 4-3 Class I Bikeway Section Figure 4-4 Key Walkway Section Figure 4-5 Plan at Mid -Block Crossing Figure 4-6 Typical Village Sidewalk Section Figure 4-7 Hiking Trail Section Figure 4-8 Bicycle Facilities Figure 4-9 Crossing at Coromell Trail Figure 4-10 Conceptual Plan at Grand Stair Figure 4-11 Vehicular Entries Figure 4-12 Vehicular Circulation Plan Figure 4-13 Street Section - Western Bypass Corridor 1 Figure 4-14 Street Section - Westem Bypass Corridor 2 I SPECIFIC PLh November 2017 1 TABLE OF FIGURES 3-64 3-65 3-66 3-68 3-70 3-71 4-2 4-7 4-8 4-9 4-9 4-10 4-11 4-13 4-16 4-17 4-18 4-23 4-24 4-24 xt TABLE OF FIGURES 1 Figure 4-15 Street Axon - Western Bypass Corridor 2 4-25 Figure 4-16 Street Section - C Street + B Street South 4-26 Figure 4 -17 Street Axon - C Street + B Street South 4-27 Figure 4-18 Street Section - Coromell Trail 4-28 Figure 4-19 Street Section - Coromell Trail - Split Lanes 4-28 Figure 4-20 Street Axon - Coromell Trail - Split Lanes 4-29 Figure 4-21 Street Section - Altair Vista - Planted Parkways 4-30 Figure 4-22 Street Axon - Altair Vista - Planted Parkways 4-31 Figure 4-23 Street Section - Altair Vista + A Street - Urban 4-32 Figure 4-24 Street Axon - Altair Vista + A Street - Urban 4-33 Figure 4-25 Street Section - Altair Vista one way 4-34 Figure 4-26 Street Axon - Altair Vista one way 4-35 Figure 4-27 Street Section - Altair Vista 4-36 Figure 4-28 Street Axon - Altair Vista 4-37 Figure 4-29 Street Section - Altair Vista Culverts + A St Bridge 4-38 Figure 4-30 Street Axon - Altair Vista Culverts + A St Bridge 4-39 Figure 4-31 Street Section - B Street North 4-40 Figure 4-32 Street Section - B Street North with Bikeway 4-40 Figure 4-33 Street Axon - B Street North 4-41 Figure 4-34 Street Section - Alley 4-42 Figure 4-35 Typical Alley at Cottages at Harveston 4-43 1111 November 2017 SPECIFIC PLANFJrf Figure 5-1 Project Grading Diagram 5-3 Figure 5-2 Project Grading Sections 5-4 Figure 5-3 Retaining Wall Diagram 5-5 INFRASTRUCTURE AND UTILITIES Figure 6-1 Typical Drainage Draw Plan 6-3 Figure 6-2 Typical Drainage Draw Section 6-3 Figure 6-3 Storm Drainage Plan 6-4 Figure 6-4 Enlarged Storm Drainage Plans 6-6 and 6-7 Figure 6-5 Domestic Water Plan 6-9 Figure 6-6 Enlarged Domestic Water Plans 6-11 and 6-12 Figure 6-7 Sewer Plan 6-16 Figure 6-8 Enlarged Sewer Plans 6-18 and 6-19 Figure 7-1 Public Services 7-2 Figure 7-2 RTA Route Map 7-5 Figure 7-3 Smart Shuttle Route Proposal 7-6 OPEN SPACE AND RECREATION PLAN Figure 8-1 Parks. Open Space and Amenities Plan 8-3 Figure 8-2 Open Space and Recreational Images 8-9 • i•iSPECIFIC PLAN November 2017 1 TABLE OF FIGURES XIII (TABLE OF FIGURES 1 9 DESIGN GUIDELINES Figure 9-1 Motor Court Elements 9-6 Figure 9-2 Building Frontage 9-8 Figure 9-3 Straight Stoop 9-10 Figure 9-4 Sideways Stoop 9-10 Figure 9-5 Projecting Porch 9-12 Figure 9-6 Integral Porch 9-12 Figure 9-7 Recessed Entry 9-14 Figure 9-8 Walled Yard 9-15 Figure 9-9 Raised Yard 9-16 Figure 9-10 Entry Court 9-19 Figure 9-11 Shopfront 9-20 Figure 9 -12 Arcade 9 - 21 Figure 9-13 Utility Locations 9-22 Figure 9-14 Retaining Wall Section where Visible to Public 9-27 Figure 9-15 Stepped Buildings 9-28 Figure 9-16 Roundabout 1 - Plan 9-36 Figure 9-17 Roundabout 1 - Elevation 9-37 Figure 9-18 Roundabout 2 - Plan 9-38 Figure 9-19 Roundabout 2 - Elevation 9-39 Figure 9-20 Roundabout 3 - Elevation 9-39 November 2017 SPECIFIC PLANrj 1 TABLE OF FIGURES Figure 9-21 Roundabout 3 - Plan 9-40 Figure 9- 22 Major Entry Monument A - Plan Figure 9-23 Major Entry Monument A - Elevation Figure 9-24 Entry Monuments + Gateways Figure 9-25 Major Entry Monument B - Elevation Figure 9-26 Major Entry Monument C - Elevation Figure 9 -27 Gateway Bridge Figure 9-28 Street Organization DEVELOPMENT STANDARDS Figure 10-1 Figure 10-2 Figure 10-3 Figure 10-4 Allowable Setback Encroachments - Porch Allowable Setback Encroachments - Stoop Allowable Setback Encroachments - Walls +Trellises 9-41 9-41 9-42 9-43 9-43 9-44 9-47 10-4 10-5 10-5 Allowable Setback Encroachments - Awnings, Balconies, Roofs 10-6 Figure 10-5 Allowable Setback Encroachments - Arcades Figure 10-6 Building -Mounted Signs Figure 10-7 Monument Signs Figure 10-8 Figure 10-9 Figure 10-10 Figure 10-11 Conceptual Landscape Plan Landscape Exhibit 1 Landscape Exhibit 2 Landscape Exhibit 3 %i3>17 SPECIFIC PLAN November 2017 10-7 10-8 10-9 10-11 10-12 10-13 10-14 (TABLE OF FIGURES 1 Figure 10-12 Landscape Exhibit 4 10-15 Figure 10-13 Street Tree Plan 10-16 Figure 10-14 Urban Parkway with Tree Grate 10-23 Figure 10-15 Urban Parkway with Planter Pocket 10-23 Figure 10-16 Detached Housing with small entry yard 10-29 Figure 10-17 Detached Housing clustered around common green space 10-30 Figure 10-18 Detached Housing Facing Street 10-31 Figure 10-19 Detached Housing around Motor Court 10-32 Figure 10-20 Detached Housing Clustered around Green 10-33 Figure 10-21 Typical Landscaping at Bungalow Court and Rose Court 10-34 Figure 10-22 Typical Front Yard Landscaping at Detached Housing 10-35 Figure 10-23 4th Floor Limits in Detached Housing 10-36 Figure 10-24 Typical Massing at Detached Housing 10-36 Figure 10-25 Detached garages and/or accessory dwelling 10-37 Figure 10-26 Typical Massing at Multiplex 10-39 Figure 10-27 Multiplex Housing with shared Driveway & Motor Court 10-40 Figure 10-28 Rowhomes along a street facade 10-42 Figure 10-29 Rowhouse massing and articulation 10-45 Figure 10-30 Typical Live/Work Building 10-47 November 2017 SPECIFIC PLANK Figure 10-31 Example Live/Work Building Section Figure 10-32 Typical Massing at Multifamily Walk -Up Figure 10-33 Motor Court at Multifamily Housing Figure 10-34 Multifamily Walk -Up Housing Arrangement Figure 10-35 Multifamily Podium example with street -level entries Figure 10-36 Multifamily Podium Building Figure 10-37 Resident Courtyard at Multifamily Podium Housing Figure 10-38 Micro -Units Typical Layout Figure 10-39 Building with Micro -Units Figure 10-40 Iconic Tower IMPLEMENTATION Figure 11-1 Public and Private Roads at Altair Figure 11-2 Altair Conceptual Phasing Plan Figure 11-3 Developer Responsibility Map %/i?iiSPECIFIC PLAN November 2017 1 TABLE OF FIGURES 10-48 10-51 10-52 10-53 10-55 10-56 10-57 10-58 10-58 10-63 SUMMARY a� l f"a� i r 1 SUMMARY 1.1 Document Purpose The Altair Specific Plan serves as the regulatory ��� _ document and planning instrument for the future �; 30 development of a 270 -acre land parcel west of the ti Old Town planningarea in the Cityof Temecula. This / .f• _ t f Specific Plan is a mechanism for implementing the City of Temecula General Plan in the area defined therein as Altair. 1.2 Related Applications and Studies The Altair Specific Plan is one of several concurrent studies and approvals necessary for the complete entitlement of Altair. These include: • PA14-0158 General Plan Amendment to amend the land use and allowable density and to revise the alignment of the Western Bypass Corridor. • PA14-0159 Specific Plan and Environmental Impact Report (SCH #2014111029) • PA14-0160 Tentative Tract Map • PA14-0161 Development Agreement, including a Fiscal Impact Analysis and formation of a Community Facilities District. 1.3 Legal Authority and Process The City of Temecula General Plan authorizes in its Land Use Element the use of Specific Plans that comply with Section 65451 of the California Government Code and with the City's Development Code. California Government Code Section 65450-65457 grants local planning agencies the authority to create specific plans to execute the applicable general plan for any area within that general plan. Both the General Plan and the Development Code of the City require approval of a specific plan prior to any land use entitlement or building or grading permit in designated specific plan areas of 100 or more acres. Altair is in such a designated area and, therefore, requires an approved specific plan for development. Both the General Plan and the official Zoning Map of the City of Temecula designate the majority of the subject property as SP -8, Westside Specific Plan. This was a previously adopted document that never developed as a built project. Therefore, the new Altair Specific Plan requires a rezone process with a general plan amendment to revise the land uses for the site and remove the SP -8 designation. Specific plans in the City of Temecula require a Planning Commission hearing and City Council hearing, both with public notice. Additionally, the EIR / CEQA process requires a public scoping meeting. The Planning Commission shall make a recommendation to the City Council based on findings listed in the Development Code. Council will then consider the recommendation of the Planning Commission as well as the findings to determine whether to =RR SPECIFIC PLAN November 2017 t—t 1-2 adopt the Specific Plan. Adoption will be by ordinance. The findings that must be made are: 1. The proposed specific plan is consistent with the general plan and development code. 2. The proposed specific plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. 3. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. 4. The proposed specific plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. Upon adoption of the Altair Specific Plan, it becomes the regulatory document for Altair. All future development plans, tentative maps, parcel maps or other entitlements and public improvements located within the boundaries defined by this plan must be found to be consistent with this Specific Plan. All regulations, policies and implementation measures described in this Specific Plan shall be considered individually. If any provision is determined to be without legal basis by a presiding State or Federal court, the remaining document and stipulations shall continue to be valid and enforceable. 1.4 Organization The Altair Specific Plan is organized in eleven sections to cover the various aspects of planning and regulation for development and construction at Altair. Section 1. offers a short summary of the purpose and process of this document and associated approvals. Section 2 introduces the vision and design concept for the Altair community, discusses the smart growth principals that guide this concept and explains the plan's consistency with the City of Temecula General Plan. Section 3 discusses land use and describes the individual Villages and civic plan areas. Section 4 outlines the circulation plans for pedestrians, bicycles and vehicles to achieve a walkable community. Section 5 explains the grading work needed for the site and provides standards to prevent erosion and minimize the visual impacts of grading. Section 6 discusses infrastructure and utilities, including stormwater drainage and treatment, water, sewer, electricity and natural gas services. Section 7 discusses public services available to the project, including libraries, police, fire and rescue, parks, public transit, waste management, schools and the site available for a new elementary school. Section 8 describes the extensive network of parks and open space proposed for Altair, and how open spaces are integrated with the villages concept and with the historic terrain. The Design Guidelines that will ensure the aesthetic quality of development in Altair are located in Section 9. Section 10 includes development standards regulating the site for zoning, building parameters, building type, parking and landscaping. Finally, Section 11 outlines the implementation of this Specific Plan, including proposed phasing, capital improvements and maintenance responsibilities. November 2017 SPECIFIC PLANA 2 INTRODUCTION 2.1 Vision The name "Altair" derives from the Latin roots for "a high place" and "an altar". The combined meaning is "a high place of significance or prominence". Altair is also the name of a star in the constellation Aquila. The name is appropriate to this site that sits above the heart of Temecula and is easily seen from many points in the City. The ridge line above Altair has long been a visual backdrop to the City and will only be enhanced by this neighborhood at its base. The community of Altair will play a prominent role in the physical, social and economic evolution of Temecula. INTRODUCTION ol/f"Air OLD TOWN FRONT STREET !N TEMECULA. CALIFORNIA Altair is envisioned as the complementary residential component to the Old Town Specific Plan area of the City of Temecula. The two plan areas are integral to a successful urban mixed-use environment. Altair is located directly adjacent to Old Town Temecula and its added residential population base will support the commercial uses of Old Town. There are few housing opportunities in Old Town currently, limiting the clientelle of Old Town's shops and restaurants to visitors who arrive primarily by car. Old Town businesses are therefore very dependent on tourism, which can fluctuate dramatically. The downtown area must also satisfy the intense parking demand of all of those visitors. Altair will provide up to 1,750 new homes for a range of household sizes, income and demographics. The homes of Altair will be a pedestrian -oriented community within walking or cycling distance of Old Town. The dense design will attract residents looking for an urban lifestyle, a demographic that tends to patronize the type of restaurants and shops already in Old Town. These residents will broaden and stabilize the consumer base for Old Town businesses. Altair also provides public amenities close to Old Town. A central park, plazas, play field and an elementary school are proposed. A new Western Bypass links Temecula Parkway with Rancho California Road, an important public benefit to alleviate traffic congestion in Old Town. Altair's attractive trails, vistas and parks will add to and diversify the tourism market of the vicinity. 2.2 Smart Growth "Smart growth" is a collection of land use and development principles that aim to enhance our quality of life, preserve the natural environment, and save public funds over time through efficient utilization of infrastructure. Smart growth principles ensure that growth is fiscally, environmentally and socially responsible and recognizes the connections between urban development and quality of life. Smart growth enhances and completes communities by placing priority on infill, redevelopment, and densification strategies. The Altair Specific Plan is founded in the philosophy of smart growth. The following is a summary of 10 smart growth principles and how the Altair project embodies each. iSPECIFIC PLAN November 2017 2-1 INTRODUCTION 2 - Pr 10 Smart Growth Principles! 1. Mix Land Uses Each neighborhood has a balanced mixture of homes, retail, business, and recreational opportunities to stimulate vitality throughout the day. A. The Altair Specific Plan meets this principle by providing a mix of housing types and active open space in an area of the City currently dominated by commercial uses. B. Old Town is the shopping and nightlife center of Temecula. However, it is separated from the existing housing base east of 1-15, the majority of which is suburban in nature, predominantly single-family homes dependent on vehicular circulation. Altair introduces urban housing adjacent to Old Town to form a larger community integrating a mix of mutually supportive uses. 2. Build well-designed compact neighborhoods. Residents can choose to live, work, shop and play in close proximity. People can easily access daily activities, transit is viable, and local businesses are supported. A. Altair is inherently compact and walkable due to the size, scale and density of the development. Figure 4-1 of this Specific Plan overlays 1/4 mile walking radius on the project map to demonstrate ease of access to Old Town and other parts of the community without driving. B. Safety— landscaping, lighting and visibility are considered and integrated into the design. C. Eyes on the street - dense communities with buildings that face circulation routes and public spaces have many observers to deter crime or notice someone in trouble. D. Livability — each unit has access to private and public open space. Functional needs, such as parking and trash service, are fully considered and accommodated with no negative impacts on the neighborhood. E. Environmental design — homes and open spaces have shade and shelter from the wind. Stormwater is treated and contained to prevent flooding. 3. Provide a variety of transportation choices. Neighborhoods are attractive and have safe infrastructure for walking, cycling and transit, in addition to driving. A. The Altair plan focuses on walking and cycling for both transportation and recreation. Residents walk between villages, to parks, to the neighborhood elementary school, nearby Old Town, and can access a regional trail system. B. Altair features complete streets, that equally accommodate pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. Complete streets support social interaction and neighborhood vitality beyond the simple need for circulation. C. A potential shuttle route has been coordinated with RTA to connect with the bus system. D. A variety of bike lanes and trails, from sharrows to Class !trails, are provided to match different cycling modes. E. A true walkable neighborhood like Altair results in physical and social public health benefits. Residents are more fit, interact more with their neighbors and breathe cleaner air. November 2017 SPECIFIC PLANK 2 INTRODUCTION 4. Create diverse housing opportunities. People in different family types, life stages and income levels can afford a home in the neighborhood of their choice. A. The Altair development is very different from the rest of the City, especially east of the freeway, which is characterized by single family housing interspersed with shopping centers and few apartments. B. At Altair, housing is available for all stages of life. Housing types range from micro -units and apartments to rowhouses to detached housing on small lots. Development parcels are small and in close proximity to encourage a mix of people of different ages and lifestyles. C. The Elementary School site will serve younger families. D. The zoning allows day care, either in homes or day care centers, to support young families and provide opportunities for employment. E. Senior housing is encouraged. More importantly, Altair strives to provide communal resources, flexible housing and a supportive neighborhood that allows inhabitants to age in their own homes. 5. Preserve open spaces, natural beauty, and environmentally sensitive areas. Development respects natural landscape features and has a higher aesthetic, environmental, social and financial value. A. Altair preserves over 68 acres of the existing hillside west of Old Town as MSHCP corridor. The Western Bypass Corridor alignment has been revised from previous designs to achieve this significant conservation land, an increase from the land conserved by the prior alignment. This hillside is a critical viewshed seen from Old Town, the freeway and surrounding neighborhoods. B. Additionally, Altair conserves almost 35 acres of land containing native oak trees at the south end of the site. C. Altair features active and passive recreation parks in each village to form a "string of pearls". The main park at Village C is directly visible from Old Town along Main Street, so that the visual link is to open space. D. Altair protects Temecula's green infrastructure, which is as important to the health, happiness and welfare of its residents as roads and utilities. E. Altair sustains the region's shade trees and urban forests, the organic plant and soil materials that filter our water and air, attenuate noise, ease wind, prevent erosion and flood damage, and moderate temperatures. F. Bio-swales and stormwater retention basins are designed to look natural, and are not fenced -off detention ponds. /SPECIFIC PLAN November 2017 2-3 INTRODUCTION 2 - - 6. Urban design is important. Site plan trumps architecture, meaning the basic arrangement of the building on the site is far more important than the exterior appearance and "envelope" of the structure. There are three rules of urban design which when combined result in well designed compact neighborhoods: A. Require build -to lines. As opposed to setbacks that establish areas where a building cannot be constructed, build -to lines specify where a building is to be built on the lot. Establishing build -to lines can facilitate a sense of enclosure, and provide a method of creating visually interesting, pedestrian -oriented streetscapes by arranging buildings and entrances to the front of lots. B. Make the building front "permeable" (i.e., no blank walls) and building entrances easily identifiable. Whether commercial or residential, patios, porches, windows and doors are important to activate the street, create pedestrian scale and define public and private space. It is never appropriate to have a blank facade or sidewall along a pedestrian thoroughfare, regardless of topography. All buildings respect this principle and front on Altair Vista. C. Prohibit parking Tots in front of buildings. Pedestrian -oriented neighborhoods start with the location of the parking lot. In an urban village, there are no parking lots along the street front. While parking lots are a necessity, on-site parking should be located below, behind through an alley, or behind from a street, and buildings should be placed at or near the sidewalk. Pedestrians interact with building facades, not cars. While site plan trumps architecture, building height, massing, and materials are all extremely important and should be designed to have a lasting permanence, both programmatically and materially. 7. Foster a unique neighborhood identity. Each community is unique, vibrant, diverse, and inclusive. A. Rooftop patios and balconies take advantage of spectacular views overlooking the City, and help define the unique character of Altair. B. The clubhouse has portions open to the public, including a large terrace overlooking a central park, which helps create synergy between Old Town and Altair. C. Public art is strategically located throughout Altair and helps to define place. D. "Hidden treasures" - utilitarian components treated in creative and fun ways - are woven throughout the community, such as messages or footprints in concrete, painted utility boxes, wayfinding or informational signage, creative bike racks, etc. E. Spaces under bridges are decorated or landscaped to discourage graffiti. F. Design guidelines and regulations are flexible to encourage design ingenuity and allow neighborhoods to express their own November 2017 SPECIFIC PLANE 2 INTRODUCTION distinct ideas of beauty and form. This means that rigidly historical styles are not imposed. G. Strong neighborhood identity increases a sense of ownership and belonging, resulting in better maintained communities, less turnover and higher property values. 8. Direct development toward existing communities with urban infrastructure. Avoid the physical impact and high cost of new infrastructure associated with suburban development by building adjacent to existing infrastructure. A. The Altair development is a logical and efficient extension of existing gray infrastructure—streets, storm sewer, sanitary sewer, water, cable, gas, electric - and essentially defines the southwestern edge of the City. 8. The project provides much needed infrastructure, in the Western Bypass and bridge over Murrieta Creek, to ease existing traffic congestion. Old Town, in particular, will have less vehicular through - traffic and will therefore be more pedestrian -friendly as a result of these improvements. C. Technology — wireless communications, cell towers, satellite, street lights - will be thoughtfully considered and planned into the design to promote modernization with little impact. D. Solar energy opportunities exist. 9. Nurture engaged citizens. Places belong to those who live, work, and play in them. Engaged citizens participate in community life and decision-making. A. People are more aware of social opportunities when they are discovered in the course of daily activities. The centrally located community center overlooking a central park in close proximity to the elementary school, City Hall, museum, theater, Children's Museum, shopping, and special events in Old Town create a synergy that will help to promote civic engagement. B. The site zoned for civic use lies in close proximity to the 1-15 interchange and serves as an anchor to Altair and Old Town. 10. Make Development Decisions Predictable, Fair, and Cost Effective. For a community to be successful in implementing smart growth, its vision, objectives, and actions must be embraced by the private sector. Local governments must make an effort to make development decisions that support innovation in a more timely, cost effective, and predictable way that is mutually beneficial to the City and its residents, and to developers. A. The Altair Project includes a General Plan Amendment, Tentative Map, Specific Plan, Development Agreement, Environmental Impact Report (EIR), and Fiscal Impact Analysis. The resulting documents and associated Conditions of Approval will provide clear direction for preservation of natural resources, development processing requirements, timing of infrastructure improvements, and mitigation of impacts. Sources: Getting to Smart Growth: 100 Policies for Implementation (ICMA.org) City Comforts: How to Build an Urban Village (David Sucher) 10 Smart Growth Principles (www.smartgrowth.bc.ca) Il3iLPECIFIC PL November 2017 2-5 INTRODUCTION 2 2.3 Site The Altair Specific Plan area encompasses 270 acres west of Old Town and Murrieta Creek within the City of Temecula in Riverside County in southern California. The City limits form the western edge of the property- The subject land area is comprised of two portions: the majority 215 acres and a non-contiguous 55 -acre site to the south that is designated for a use benefitting the public, predominantly through conservation. The site slopes dramatically, offering striking views from vantage points on the site as well as providing a visual backdrop to Old Town. A substantial portion of the site will be added to the wildlife corridor established under the Multiple Species Habitat Conservation Plan (MSHCP) and will, therefore, be maintained in a natural state. Riverside 1iprNePn Ve,M Srcaerxe Cenyo�, Watlerneae P r► Lake Mathews eij • Lake Mathews Estelle Mountain Reserve Santiago Peak • Ronald W. Caspers Wtkdernes Park 60 Yucaipa Upland Game Iru, aro Area Mystic Lake Lake Peau 51N Recreaeon Ames leerns Reservoir /lien Hee • Canyon L ake Lake �1 Elsinore Murrieta Doheny State Park Santa Rosa Plateau Rearhi girls Raei HUI ,t Alea Santa Margarita Ecological Reserve Camp Pendleton Capistrano Pa Oceanside Winchester Mai 0 0 San Bernadino National Forest Hemet Diamond Valley Lake Or Skinner Reservoir *Vali Lake 79 Cleveland National Forest 0 BI Canyon CO Mt. San Jacinto Morongo Preserve Palm Springs Idyltwild County Park San Bernadino National Forest Palomar /Amnion Pram, taoic.m • Sun Pat Hellhole Canyon Reserve Cleveland National Forest Los Coyotes Reservation N NQvemtrer 2017 SPECIFIC PLAN/ 2 INTRODUCTION The Western Bypass proposed in the Altair Specific Plan establishes the western edge through most of the planned development and acts as a buffer and fire break between development and the MSCHP wildlife corridor, providing a clear line of distinction between urban civilization and natural habitat. The alignment of the Western Bypass Corridor is determined by several factors. It's southern end is anchored by the approved and permitted design of the bridge over Murrieta Creek that will connect the Bypass to Temecula Parkway (SR -79) and planned interchange improvements at Interstate 15. The position of this bridge also constrains the curve and slope of the Bypass as it climbs above the proposed development. The bridge, improved interchange and high visibility from Interstate 15 make the 55 -acre portion of the site south of the Bypass ideally suited for civic or visitor uses, offering direct access to Interstate 15 and Temecula Parkway. The potentially higher traffic volumes associated with these uses are, therefore, separated from the main community, maintaining its safe, walkable character. A civic use at the south parcel will be an anchor to Altair and Old Town due to its function, visible location, and history. This proposed civic site is proximate to the Temeku Village Site where the Luiseno Native Americans originally settled. A facility to pay respect to the Traditional Cultural Place (TCP) and Origin Area, in partnership with the Pechanga Tribal Council, is one possible use for the civic site or a portion thereof. The north end of the Bypass is controlled by the existing alignment of Vincent Moraga Drive, which will become the link to Rancho California Road. A previous plan extended the Bypass further to the north and west, crossing Rancho California Road with a flyover bridge. Traffic studies did not support the high cost of this approach or it's impact to natural habitat. The revised alignment preserves more habitat corridor, specifically Linkage 10 of the MSHCP. Access points off the Western Bypass are restricted, allowing only two vehicular entries into the project from the Bypass, at the north and south ends respectively. This separates the grading and geometry of the Bypass design from the project's internal streets and allows for the most efficient bypass alignment, with less impact to existing terrain. The north entry is the ideal location for the elementary school, allowing convenient pick-up and drop-off from Rancho California Road and the Bypass with minimal disruption to the Altair neighborhood. The east entry to Altair is via Coromell Trail from First Street. This will be the most direct vehicular route to Old Town Temecula. The First Street entry allows Coromell Trail the necessary length to negotiate the grade up to Altair Vista. A vehicular connection at Main Street is not possible, given the topographical constraints of the site, However, direct pedestrian connectivity to Old Town is provided, indeed celebrated, with a grand staircase and plaza at the west end of Main Street. The Main Street axis extends into Altair through the community's focal park and terminates at a plaza and second set of grand steps with seating framed by the recreation center and clubhouse. This axis aligns with Temecula's Civic Center, Town Square and Main Street Bridge. Benefitting from the topography, the park and clubhouse will be visible from Old Town, and the club house terrace will look out onto the park, town and hills beyond. The sloping park lends itself to a natural ampitheater where the public may relax and enjoy the view. Because of this vantage point, a destination restaurant or event facility may possibly be located in the clubhouse. =fffil SPECIFIC PLAN November 2017 INTRODUCTION 2 City Limits Highways Roads Figure 2-2 Nov.mbsr 2017 N SPECIFIC PLANT/ 1 2 INTRODUCTION 2.4 Design Concept Altair consists of several neighborhood "villages", each centered on a node or focal point and separated by landscaped terrain. The open space between the villages mimics the existing ravines extending from the hillside above and preserves the sculptural quality of the site. It is the character of the node that gives identity to each village. These public spaces are shared outdoor rooms, typically a plaza or park, that function as the "living room" of each neighborhood. View opportunities from these common spaces are featured. The edges of the villages are less important. There are no high walls or entry monuments. None of the communities at Altair are gated. One should feel as if they have arrived at the center, not entered through a boundary. The village nodes are linked by a main north -south road, Altair Vista, and by a network of pedestrian and bicycle paths, a "string of pearls". This concept provides cohesion to a very linearsite while conserving much of the existing land forms, allowing similar drainage patterns and maintaining views to the hillside above. There is a hierarchy to the scale and character of the neighborhoods reflecting their environment and location within the overall scheme. The primary village occupies an existing promontory with views to and from Old Town. This neighborhood encompasses a Targe park and features a community center at the high point, directly on axis with Main Street and Temecula City Hall. A pedestrian path allows direct access to Main Street. This primary village is higher in density and scale with buildings potentially up to five stories in height. SPECIFIC PLAN November 2017 2-9 INTRODUCTION 2 co Yo 4774, atl HIc` d .. 4, CIVIC Center IIIII* View to Open Space Gully Altair Vista Natural Open Space November 2017 0 300' 600' N 1200' SCALE: 1' 1200' -0 - SPECIFIC PLANIL Ra� 1 t d �.d tt° Grand Staircase Civic Center O tree:0 UN First Street • 4` Pedestnan Promenade rc_ccecn Ili SPECIFIC PLAN November 2017 2 INTRODUCTION • • +> Visual Axis Park/Open Space Altair Vista Natural Open Space 0 300' 600' 1200' INTRODUCTION 2 11111 Panoramic View 411111 View Up to Open Space/Ridge Park/Open Space Altair Vista Natural Open Space November 2017 0 300. 600' N 1200' SPECIFIC PLANFJf 2 INTRODUCTION The village centers are linked by a primary north -south road, Altair Vista, and by a network of pedestrian and bicycle trails, forming a "string of pearls". The experience when traveling along the string is a rhythm of intensity followed by release, just as a well-designed series of interior spaces will play upon volumetric compression and expansion between rooms. The enfilade arrangement of the villages, where one leads to the next, is critical to the spirit of Altair. By passing through each village, residents understand the community as a whole, the personalities of different neighborhoods, and what makes their own village unique. die 4 - Figure 2-6 Outdoor Rooms Linked Enfilade Each village node has an open space with a vantage point unique to its geographic and topographic location. These views combine with the design, function and materials of the open space and the buildings framing it to imbue each village with its distinct character. Artwork, special activities or events add to the individuality of a village. =Iffg SPECIFIC PLAN November 2017 2-13 INTRODUCTION 2 Altair Vista, the principal roadway linking the villages, is designed in straight segments that hinge at each village node. This arrangement brings focus to the nodes at the same time that it creates a sequence of unfolding events from village to village. Important to this progression are the exterior spaces formed by the buildings framing the nodes. These spaces serve as outdoor "rooms" for community gathering and neighborhood identity. To extend the analogy, the more narrowly framed sections of Altair Vista between nodes serve as corridors and the ravines separating villages are like natural, diaphonous walls. The buildings framing the outdoor rooms and corridors are, therefore, extremely important to the overall design concept for Altair. Setbacks are minimized and build -to lines are mandated in this Plan in order to create a strong and consistent building edge that clearly defines the outdoor spaces between. In a " November 2017 SPEC',FIC PLAf 2.5 Land Use 2 INTRODUCTION The predominant land use at Altair is residential, consisting of multifamily, attached and detached housing types. Housing types are further defined in Sections 10.10-10.20. Densities range from 4 to 33 dwelling units per net acre, with the higher densities at the village nodes, in the primary village and at the north end of the property. Development will be phased, achieving 870 to 1,750 dwelling units at full build -out. A Community Center to include a recreation center and clubhouse is provided for residents. Some ancillary retail or restaurant space may be included, depending on market demand, as well as a limited number of live/work units located within certain village centers, where street frontage lends itself to ground floor business storefronts. Commercial and live/work uses are allowed in all residential and mixed-use zones with a limit on the total area of such uses in Altair, as described in Table 3-1. An approximate 7 -acre site is set aside for an elementary school and playfield. The school site is located adjacent to the recreation center and near the main park to facilitate shared parking and common amenities. The separate 55 -acre property to the south, referred to as the Civic Site in this Plan, provides the opportunity for a public amenity or tourism use for the City of Temecula to promote its culture and its connection to nature. Possible uses include a nature center with cultural and/or environmental sustainability exhibits. The existing oak tree groves at the west side of the Civic Site will be preserved for their ecological and historical significance. Land Use is discussed in further detail in Section 3. SPECIFIC PLAN Novombor 2017 INTRODUCTION 2 November 2017 SPECIFIC °LAN 2 INTRODUCTION 2.6 Relationship to the General Plan The City of Temecula General Plan presents a Vision for the Future that creates and maintains a "strong business community, quality housing stock, scenic open space, and cultural amenities" to support a "positive community identity". The Altair Specific Plan aligns with this vision by increasing and diversifying housing choices in close proximity to the existing business and mercantile community of Old Town. The Specific Plan also preserves open space and provides park and civic amenities for use by residents and the surrounding community. The General Plan is organized into elements addressing key City planning issues. Each element lists goals and policies to achieve those goals. The Altair Plan supports many of these policies, as described below. The Land Use Element of the General Plan designates certain specific plan areas to establish policies, planning guidelines and implementation strategies for those segments of the City. The Altair development area is already anticipated in the General Plan as Specific Plan Area SP -8 Westside/ Villages at Old Town. The identified Plan Area Objectives are; "To provide complimentary land uses to Old Town that increase the vitality of the area; to increase the range of housing opportunities west of 1-15; and to encourage sensitive site and building design given the topography of the area." =NM SPECIFIC PLAN November 2017 2-18 INTRODUCTION 2 The Altair Specific Plan is consistent with these objectives. The Plan provides a range of multifamily and detached housing types within walking distance of Old Town that will result in a vibrant combination of uses for the aggregate planning areas. The Plan respects existing topography and embraces existing scenic vistas as focal points for the community. The Altair Specific Plan satisfies two of the four implementation measures listed in LU -22 of the Land Use Element Implementation Program: • "Providing infill residential opportunities within the area and the adjacent Westside Specific Plan to create o nighttime population for the area. • Locating additional public and community facilities within and surrounding the Old Town area." The Circulation_EIement of the General Plan presents several measures to improve mobility in the Temecula region. One of these measures is the Temecula Five Year Capital Improvement Program, which lists multiple projects, including a "Western Bypass Corridor from SR -79 South to French Valley Parkway." The Western Bypass will help to satisfy a major goal of the Circulation Element: Goal 2 A regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. Policy 2.2 Develop o bypass system of roadways on the east, west and south sides of the City to accommodate traffic flow from development outside the City and improve center -of -town traffic conditions. November 2017 SPECIFIC PLAN : i 2 INTRODUCTION A significant portion of the Western Bypass project is accomplished in the Altair Specific Plan, connecting SR -79 (Temecula Parkway) to Rancho California Road via Vincent Moraga Drive. This proposed route differs from the bypass route shown in the Roadway Plan (Figure C-2 of the General Plan). The advantages of the proposed route are discussed further in Section 4 of this document. The Western Bypass route will be revised through a General Plan amendment, concurrent with the adoption of this specific plan. Goal 3 An efficient City circulation system through the use of transportation system management and travel demand management strategies. Policy 3.3 Provide a comprehensive system of Class 1 and/or Class!! bicycle lanes to meet the needs of cyclists traveling to and from work and other destinations within the City. Goal 5 Sofe and efficient alternatives to motorized travel throughout the City. Policy 5.1 Promote pedestrian and bicycle sofety by adhering to uniform trail standards and communicating safety practices to the public. Policy 5.3 Ensure the accessibility of pedestrian facilities to the elderly and disabled. Policy 5.4 Provide o comprehensive network of multi -use trails and bikeways between residential areas and commercial/ employment activity centers, public institutions, and recreation areas. The Temecula Multi -Use Trails and Bikeways Master Plan was developed to advance these policies. Altair is designed as a pedestrian -oriented community with its own system of trails and bikeways that will complement and tie into the citywide system and master plan. The trail system is discussed further in Section 4 of this specific plan. The Housing Element explains that single-family detached houses represent 80% of the existing housing stock in Temecula. A greater range of housing types is needed. Goal 1 Provide a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula. Policy 1.1 Encourage residential development that provides a ronge of housing types in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by boloncing jobs and housing types. i�iri SPECIFIC PLAN November 2017 zLe 2-20 INTRODUCTION 2 Policy 1.3 Require o mixture of diverse housing types and densities in new developments around the village centers to enhance their people orientation and diversity. Policy 1.4 Support the use of innovative site planning and architectural design in residential development. Policy 1.5 Encourage the use of clustered development to preserve and enhance important environmental resources and open space, consistent with sustainability principles. The Land Use section of this specific plan describes the diversity of residential types and the concentration of densities at village nodes and plazas. Development is predominantly east of the Western Bypass, preserving the western portion of the property as natural open space. The Open $pace and Conservation Elainefit of the General Plan addresses both the need for active parks and recreational space for residents and conservation of natural open space to protect wildlife and resources. Goal 1 A high quality parks and recreation system that meets the diverse recreation needs of residents. Policy 1.1 Ensure sufficient parkland and recreation facilities to support new development through acquisition and/or dedication thot meets the requirement for 5 acres of useable park land per 1,000 population. Policy 1.5 Coordinate long-range pork, trail and open space planning with Riverside County and the City of Murrieta. Policy 1.6 Encourage the establishment of natural habitat spaces for recreotionol hiking and nature education. The neighborhoods at Altair are designed around village greens and parks that serve as focal points identifying each village. These urban green spaces are then linked by a system of pedestrian walkways and trails across open space — a "string of pearls". The core village is developed around a large central park linked to Main Street in Old Town Temecula, both visually and via a pedestrian path. The proposed nature center at the civic site will conserve open space, add trails and educate the public about the natural environment in Temecula. An historic stand of oak trees will be preserved, as will open space views to this parcel from the Temeku Village Site. November 2017 SPECIFIC PLAN Goal 2 Conservation and protection of surface water, groundwater and imported water resources. 2 INTRODUCTION The Altair Specific Plan is consistent with the many General Plan policies aimed at achieving this goal. Water conservation and protection strategies are detailed in the Drainage Plan and Water Plan portions of Section 6, as well as in the Landscape Guidelines in Section 10. Goal 3 Conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors and general biodiversity. Policy 3.3 Coordinate with the County of Riverside and other relevant agencies in the adoption and implementation of the Riverside County Multi -Species Habitat Conservation Plan. Policy 3.4 Encourage developers to incorporate native drought -resistant vegetation, mature trees, and other significant vegetation into site and landscape designs for proposed projects. Goal 5 Conservation of open space areas for a balance of recreation, scenic enjoyment, and protection of natural resources and features. Policy 5.1 Conserve the western escarpment ..._ and other important landforms and historic landscape features through the development review process. Policy 5.13 Utilize natural, undeveloped greenbelts as buffers between developments and on outskirts of the City to preserve the rural and unique character of Temecula. Portions of the Altair site lie within Proposed Linkage 10 in the Southwest Region of the MSHCP Plan Area. This linkage is intended to provide both "live-in habitat" for various species and a movement corridor connecting the Santa Margarita and the Santa Rosa Plateau Ecological Reserves. The proposed Western Bypass as well as roads at the north and south ends of the site will serve as a buffer between development and the Linkage. Edge treatment along these roads will be developed through the environmental review process with input from Riverside County and MSHCP stakeholders. The Linkage conserves the ridgeline and escarpment west of Old Town and includes the highest elevations of the Altair property. l/ SPECIFIC PLAN November 2017 2-21 INTRODUCTION 2 The Growth_tilanagement / Public Facilities Element seeks to ensure that growth in the City occurs in such a manner that services may be provided efficiently and adequately. Goal 2 Orderly and efficient patterns of growth that enhance quality of life for Temecula residents. The proximity of Altair to Old Town Temecula lends efficiency to the project and City since the facilities needed to serve the land uses are close by. The location eliminates the need to install and maintain long utility distribution mains. In addition, on site facilities such as the school and parks can serve the surrounding neighborhood. Goa! 4 A quality school system with adequate facilities and funding to educate the youth of Temecula. Policy 4.4 Coordinate with the School District to provide safe access for school children walking, bicycling, or driving to and from school sites. Policy 4.5 Pursue the establishment of a trade school, a junior college, and/ora four-year college that offers education required by the engineering, biotechnical and biomedical industries locoted in Temecula. Policy 4.6 Plan for the joint use of school/municipol focilities wherever feasible and desirable, including: school grounds, buildings, City parks, mufti -purpose buildings, and recreation facilities. Altair includes a site of approximately 7 acres for a public elementary school and playfield to be built by the Temecula Valley Unified School District. The school site is near the main park and community center Opportunities for shared use of school and community facilities will be pursued with the School District. The Civic Site also has the potential to be developed as a nature center, which could include an educational program. November 2017 SPECIFIC PLAN r%% - 2 INTRODUCTION The Air Quality Element strives to improve regional air quality through better land planning, reduction of automobile emissions and energy conservation. Goal 2 Improve air quality through effective land use planning in Temecula. Policy 2.2 Encourage infill development near activity centers, within Mixed Use Overlay Areas, and along transportation corridors. Goal 3 Enhance mobility to minimize air pollutant emissions. Policy 3.4 Establish a convenient and efficient system of bicycle routes and pedestrian walkways. Altair is a walkable community connected with pedestrian and bicycle trails to the employment, shopping and entertainment activities of Old Town Temecula. Both the location and design of the project will give residents a choice other than automotive transportation. The Community Design Element proposes to enhance the City's image through quality design that strengthens Temecula's many assets. Goal 2 Design excellence in site planning, architecture, landscape architecture and signs. Goal 4 A streetscape system that provides cohesiveness and enhonces community image. Goal 5 Protection of public views of significant natural features. Goal 7 Community gathering areas which provide for the social, civic, cultural and recreational needs of the community. Altair is a comprehensive plan that strongly integrates landscape design with the planning and architectural concept. The overlay of the trail system and streetscapes with communal open spaces highlighting major vistas results in a composition that engages the surrounding context and natural beauty of the region. %ori SPECIFIC PLAN November 2017 INTRODUCTION 2 November 2017 SPECIFIC PLAN n 3 LAND USE 3.1 Summary LAND USE O1��Ail' The Altair Specific Plan depicts a 270 -acre community of primarily residential development with supporting civic uses and open space. It presents an urban lifestyle in its density, convenience of activities and close relationship to the shopping, dining and entertainment venues of Old Town Temecula. Altair is intended to house multiple demographics, spanning age groups and household types. A dominant pedestrian network linking active open spaces encourages interaction amongst these diverse residents. Due to the property's shape and location, the Altair Specific Plan area is physically and conceptually divided into three main parts. To the south is a 55 -acre area that is separated from the remaining site by a parcel under ownership of the Metropolitan Water District. The location of the original Luiseno Native American settlement, the Temeku Village Site is immediately adjacent to the south. The parcel also lies within the Multiple Species Habitat Conservation Plan {MSHCP) corridor, discussed in more detail in Section 8 of this Specific Plan, and supports an existing stand of oak trees. Because of these significant cultural and biological considerations, the southern parcel is mostly reserved as open space. The remaining area of approximately 13 acres is intended for civic or community use that will provide opportunities for environmental and/or cultural education, recreation trails benefitting the public, and that will promote civic pride and engagement. Possible uses include a nature center or visitor center. The remaining 215 -acre parcel is bifurcated by the Western Bypass road that carries through - traffic around Old Town Temecula. To the west of this road is predominantly natural open space that is a component of the Proposed Linkage 10 of the MSHCP (discussed in Section 8.1). Only two small residential components lie west of the Bypass, villages A and G. The area east of the Bypass is developed with the most density. Uses are mainly residential with supporting civic and community uses (including a school) and interstitial and active open space. These residential uses are described in the following Community Design narrative and in the village descriptions that follow. All residential uses allow a small amount of accessory commercial use to support the neighborhood. These might be a corner coffee shop, ice cream parlor or live/work units with ground floor offices. Accessory commercial uses shall be at street level near village cores. TAHI F 3-1 describes the acreage and density of each land use. FIGURE 3-2 shows the location of each use on the Altair site and FIGURE 3-3 shows zoning per parcel. .. fi SPECIFIC PLAN November 2017 LAND USE 3 Natural Open Space Offsit Open Space Civic Center 215 -Acre Parcel Line Western Bypass Natural or . Revegetated Open Space •Off -Site Natural Open Space - - Property Line 55 -Acre Civic Site Parcel Line November 2017 0 300' 600' 1200 SPECIFIC PLAN iSchool Chic V !—r X Civic Site =//1 SPECIFIC PLAN Novomb r 2017 3 LAND USE .Open Space ■ Civic/Community . Residential — - - — Property Line N O LAND USE 3 Table 3-1 3-4... Z ity November 2017 SPECIFIC PLAN Tract Map 4 Lot No. 2 Land Use 2 Zone _ (for Net Lot Area) Open 5 - Buildable Lots Min. Max. 1 Min. Max. 1 Upper Hillside Conservation Area Conservation Area Conservation Area Open Space Open Space Open Space Open Space Conservation Area 36959-1 36959-2 36959-3 36959-1 36959-2 36959-3 36959 36959 8 I5 20 7 18 12 7 I{ Open Space Open Space Open Space Open Space Open Space Open Space Open Space Open Space SP -NO SP -NO SP -NO SP -NO SP -NO SP -ND SP -NO SP -NO 29.37 ac 8.06 ac 8.30 ac 4.83 ac 4.60 ac 5.40 ac 4.26 ac 4.23 ac 6.18 ac 4.17 ac 2.36 ac 2.89 ac 9 - 18 D.U./ac 9 - 18 0-U./ac 9 - 18 D.U./ac 9 - 18 O.U./ac 56- 110 O.U. 38 - 75 D.U. 21- 42 D.U. 26- 52 D.U. Villages VILLAGEA 36959-1 36959-1 36959-1 36959-1 1 2 3 4 Residential Residential Residential Residential SP -R SP -R SP -R SP•R L40 - 280 Village A Subtotal (D.U.) 1 64- 128 D.U. 46- 92 D.U. VILLAGE B 36959-1 36959-1 5 6 14 13 19 2 3 4 5 6 7 8 9 10 11 12 Residential Residential Mixed Use Mixed Use Open Space Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential SP -R SP -R SP -M SP -M SP -AD SP -R SP -R 50-8 SP -MR SP -R SP -R SP -R SP -R SP -R SP -R SP -R 7.24 ac 5.16 ac 9 - 18 D.U./ac 9 - 18 D.U./ac 1110 - 220 Village 8 Subtotal (D.U.) 43 - 69 D.U. 68- 109 D.U. 29 - 47 D.U. VILLAGE C: Recreation Center Clubhouse Park North Core South Core 36959-2 36959-2 36959-2 36959-2 36959-2 36959-2 36959-2 36959-2 36959-2 36959-2 36959-2 36959-2 36959-2 36959-2 5.04 ac 1.75 ac 0.30 ac 2.37 ac 3.74 ac 1.63 ac 0.40 ac 2.53 ac 1.64 ac 1.84 ac 1.53 ac 1.30 ac 1.80 ac 2.28 ac 18 - 29 D.U./ac 18 - 29 D.U./ac 18 - 29 D.U./ac 21 - 33 D.U./ac 21 - 33 D.U./ac 21 • 33 D.U./ac 21 - 33 D.U./ac 21 - 33 D.U./ac 21 - 33 O.U./ac 21 - 33 D.U./ac 21 - 33 D.U./ac 1140 • 225 North Core Subtotal (D.U., 8- 13 D.U. 54- 84 D.U. 34- 54 D.U. 39- 61 D.U. 32- 5D D.U. 27 - 43 D.U. 38- 59 D.U. 48- 75 D.U. 1280 - 440 Scuth Core Subtotal (D.U.) 20- 45 D.U. 18- 41 D.U. 15- 35 D.U. 17- 38 D.U. VILLAGE D Park 36959-3 36959-3 36959-3 36959-3 36959-3 1 2 3 4 14 Residential Residential Residential Residential Open Space SP -R 5P -R SP -R SP -R SP -AO 0.80 ac 2.55 ac 2.32 ac 1.96 ac 2.15 ac 8 - 18 O.U./ac 8 - 18 D.U./ac 8 - 18 D.U./ac 8 - 18 D.U./ac 1 70 - 160 Village 0 Subtotal (D.U.) I 8- 22 D.U. 6- 18 D.U. 6 • 17 D.U. 13- 37 D.U. 7- 21 D.U. VILLAGE E 36959-3 36959-3 36959-3 36959-3 36959-3 5 6 7 B 9 10 11 Residential Residential Residential Residential Residential SP -R - 513-8 513-8 SP -R SP -R 1.51 ac 1.23 ac 1.17 ac 2.51 ac 1.42 ac 5 - 15 D.U./ac 5 • 15 D.U./ac 5 - 15 D.U./ac 5 - 15 D.U./ac 5 - 15 D.U./ac 1 40 - 115 Village F Subtotal (D.U.) 30- 90 D.U. 30- 90 O.U. VILLAGE F 36959-3 36959-3 Residential Residential SP -R SP -R 4.51 ac 4.52 ac 7 - 20 D.U./ac 7 - 20 O.U./ac 1 60 - 180 Village FSubtotal (D.U.) 11- 46 O.U. 19- B4 D.U. VILLAGE G 36959 36959 1 2 Residential Residential SP -R SP -R 2.50 ac 4.55 ac 4 - 18 D.U./ac 4 - 18 D.U./ac ( 30 - 130 Village 0 Subtotal (D.0 ) SUBTOTAL Table 3-1 3-4... Z ity November 2017 SPECIFIC PLAN LAND USE School 3 36959-2 1 Educational SP -E SP -C SP -NO SP -NO SP -NO SP -NO SP -NO 7.07 ac 50,000 gsf 600- 730 students Civic Site Nature Center Nature Center Nature Center Nature Center Conservation Area Conservation Area 36959 36959 36959 36959 36959 36959 3 4 5 6 9 10 Civic Open Space Open Space Open Space Open Space Open Space 0.31 ac 0.12 ac 0.42 ac 34.63 ac 2.61 ac 16.13 ac 5,000 gsf Interstitial Open Space Open Space (HOA) 36959-2 15 Open Space SP -AO 4.54 ac Open Space (HOA) 36959-2 16 Open Space SP -NO 0.78 ac Open Space (HOA) 36959-2 17 Open Space SP -NO 0.52 ac Open Space (HOA) 36959-2 20 Open Space 5P -AO 0.59 ac Open Space (HOA) 36959-2 21 Open Space SP -NO 0.83 ac Open Space (HOA) 36959-2 22 Open Space SP -NO 1.63 ac Open Space (HOA) 36959-2 23 Open Space SP -A0 1.39 ac Open Space (HOA) 36959-2 24 Open Space SP -A0 1.80 ac Open Space (HOA) 36959-3 13 Open Space SP -A0 4.88 ac Open Space (HOA) 36959-3 15 Open Space SP -NO 0.74 ac Open Space (HOA) 36959-3 16 Open Space SP -NO 0.52 ac Open Space (HOA) 36959-3 17 Open Space SP -AO 0.25 ac Open Space (HOA) 36959-3 18 Open Space SP -N0 0.38 ac Open Space (HOA) 36959-3 19 Open Space SP -A0 2.64 ac rrculation 28.22 ac TOTALS 167.69 ac 107.21 ac 10 - 21. D.U./ac 870 - 1,750 TOTAL DWEWNG UNITS 269.90 ac AVERAGE Definitions: Gross Area: the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use Net Area: the gross project or lot area, less that portion of the site to be used for arterial and collector roads, public parks, and/or the floodway portion of a floodplain. For the purposes of this Specific Plan, arterial and collector roads shall include only those roads provided by the Master Builder and/or public roads owned by the City of Temecula. terstltial Open Space: non -developable area installed by the Master Developer including fixed slope banks and retaining walls, floodways and drainage basins, utility easements, the Class 1 bikeway, the Western Bypass and Street 1. D.U.: dwelling unit Notes: 1, Maximum density and Intensity within a village may be increased by the transfer of unused development intensity (D.U.) from one village to another, but the total number of dwelling units in the Altair Specific Plan shall not exceed 2. Commercial and live/work uses are allowed in residential and mixed use designations, but the total amount of commercial space in the Altair Specific Plan shall not exceed 22,000 square feet. See zoning regulations and Table 10-1 for permitted uses. 3. If the School District does not use the site, residential uses are permitted on this lot as described in Section 3.12. 4. Lot numbers indicated here correspond to the lot numbers in Tentative Tract Map 36959 and 36959-1, 2 and 3. SP - SPECIFIC PLAN NO - NATURAL OPEN SPACE AO - ACTIVE OPEN SPACE R - RESIDENTIAL ZONE M - MIXED USE MR- MIXED USE / RESIDENTIAL E - EDUCATIONAL ZONE C - CIVIC ZONE Ji -SPECIFIC PLAN November 2017 3-5 LANG USE 3 ZONING MAP LEGEND _ SP -AO Active Open Space Q SP -NO Natural Open Space SP -R Residential Zone SP -M Mixed -Use SP -MR Mixed -Use/ Residential SP -E Educational SP -C Civic I 1 1.111111111111111 November 2017 SPECIFIC PLAN%1f 3.2 Relationship of Land Uses to Zoning Adoption of the Altair Specific Plan is a rezone of the plan area. The City of Temecula Zoning Map will be amended to reflect the new Specific Plan zone. Development regulations for this zone are defined in this specific plan in Section 10 Development Standards and in Section 11.1, Regulations that Implement the Specific Plan. 3.3 Open Space A significant portion of the Altair plan area is open space, both natural and active. It is the interstitial and boundary open spaces, as well as topographic forms, that give shape to the villages. And it is active open space, in the form of plazas, parks, greens and community gardens, that distinguish and define the villages and civic places. The open space and recreation concept and standards forAltairare discussed in further detail in Section 8 of this specific plan. The Village outlines following in this section describe village nodes and other open space within each village. Requirements and guidelines for common and private open space within private developments are included in the Building Types subsection of Section 10, Development Standards 3.4 Altair Villages Altair is a community of villages arranged to promote an active and socially connected lifestyle. There are seven residential Villages at Altair, labeled A through G, in addition to the sites for the school and civic uses. Descriptions, locations and standards for each village, the school site and the Civic Site are provided in the following pages. L SPECIFIC PLAN November 2017 Novembir 2017 SPECIFIC PLAN!I 3.5 Village A r;ri . Villages A and B comprise the northernmost development area and function as a pair to frame the north entrance to Altair via the Western Bypass. The two villages are divided by the Western Bypass Corridor, but are visually engaged over the bypass. The villages occupy previously graded pads resembling plateaus that are approximately at the same elevation and above the depressed bypass road. Therefore, they have a strong visual connection over and across the bypass. They are also similar in character, defined by a higher density and scale of massing. Each village is arranged around a formal green. Village B is discussed in further detail in Section 3.6. Because it is west of the Bypass, Village A has a closer relationship with the natural open space of the MSHCP corridor. The road accessing the village is located between the open space and development to minimize wildlife encroachment into yards or other conflicts. Due to site contours and edge conditions, the outline of Village A creates a narrower "panhandle" shape at the north end. This north section of the village is better suited to lower scale development, such as rowhomes, multiplexes or clustered detached housing. The remaining bulk of the village should be higher scale multifamily development framing the central green. J 5PECIFIC PLAN November 2017 LAND USE 3 BOUNDARIES: Open space for MSHCP corridor to the west and south, Western Bypass to the east, Ridge Park Drive and adjacent properties to the north. SIZE: Approximately 15.6 gross acres. Pad size may vary through implementation of retaining walls and/ or stepped foundation systems. Secondary Access Connecting road / / - Anal route to be determined / / Residential Primary Access Altair Vista 11 11 11 11110 CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANE 3 LAND USE ACCESS: Main entry is at the southeast corner from the Western Bypass. Secondary access is at the north end directly from Ridge Park Drive. Two points of vehicular fire access must be provided for each village area that has 35 dwelling units or more. The road connecting these two entries serves as an edge between development and open space for the MSHCP corridor. Pedestrian and bicycle routes parallel the vehicular path. DWELLING UNITS: See Table 3-1 Pedestrian Crosswalk Altair Vista To Class 1 Trail . SPECIFIC PLAN Pede$trihn, ,circAtiolt, V' CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 LAND USE 3 ALLOWABLE BUILDING TYPES: The following building types are allowed in Village A. See Section 10.10 for definitions and standards of each building type. Lower density uses, such as Detached Housing should be focused toward the north end of this village, with higher scale framing the urban park. Detached Housing Multiplex Rowhouses Live / Work Micro Units Multifamily Walk -Up Multifamily Podium Community Buildings BUILDING FRONTAGE: Buildings should front on the park and other open space, boundary road and secondary streets. Additional frontages may be provided along landscaped paseos, mews or courts. See Figure 9-2. BUILDING SETBACK: Setbacks are required only at the designated streets and at village boundaries. There are no setback requirements at interior lot lines, streets or alleys within the village limits. See Sections10.4 for further explanation of setbacks and yards. From Internal Streets: From Western Bypass ROW: From Ridge Park Drive ROW: 3 ft. min. 20 ft. min. 20 ft. min. 10 ft. max. No maximum No maximum ALLOWABLE BUILDING HEIGHT: 2-5 stories. See Table 10-2. DRIVEWAY AND SECONDARY STREET STANDARDS: 1. A one-way loop road or couplet, similar to Figures 4-25 and 4-26 should be provide around the Village A park. 2. A parkway and sidewalk shall be provided on the east side only of the boundary road between the development and the natural open space (MSHCP). Walkways are discouraged adjacent to the MSHCP. 3. Shared driveways are encouraged wherever possible. 4. Driveways on the same side of a street shall be separated by 50 feet to centerline, except at rowhomes. 5. Driveways at rowhomes should be paired to allow more landscaped area between driveway pairs. November 2017 SPECIFIC PLAN PARKING STANDARDS: 1. Parallel parking shall be provided on the east side only of the boundary road between the development and the open space. 2. Parallel parking shall be provided on one side only of the one-way loop road around the park. 3. Parallel or diagonal on -street parking is encouraged on one or both sides of internal secondary streets. 4. Parallel or diagonal on -street parking is primarily for visitors, guests and overflow parking at night. 5. Required off-street parking shall comply with Section 10.7 and Table 10-3 and will predominantly be provided in private and shared garages. 6. Additional parking shall be located within the developable area. See Sections 9 and 10.7 for standards. 7. Parking lots shall not be visible from the park or surrounding open space. or from the Boundary Road.Easement. APPLICABLE PROJECT STANDARDS: Table 3-1 Land Use Zones and Development Intensity 4 Circulation Plan 5 Grading Plan 6 Infrastructure and Utilities Plan 8 Open Space and Recreation Plan 9 Design Guidelines 10 Development Standards 11 Implementation Plan GRADING STANDARDS: Village A occupies land that has been substantially graded to form a generally flat pad at the foot of the western slope that is significantly higher than the Western Bypass or Ridge Park Drive to the east. Grade changes within the pad area will be resolved in the park and open spaces between building types. The pad narrows at the north end, but the buildable area can be expanded with a sloped site and smaller, stepped buildings. This can be accomplished by placing rear garages at different levels from street entries, sloping interstitial landscape areas and terracing private patios. See Section 9.7 for standards regarding slopes and retaining walls. • SPECIFIC PLAN November 2017 3-13 Village A Park Concept The Village "A" Park, FIGURE 3-7, is a long linear park space allowing a large lawn area for general purpose passive sports and play. At one end is a playground area for children, heavily shaded with trees, while the other end is a natural landscaped area with a winding path and shaded seating spots. A planted parkway or low wall provides a buffer from vehicular circulation. The northwest end opens to views of the natural hillside and ridgeline beyond. The southeast end offers a visual connection above and across the Western Bypass to Village B. Figure 3-7 Park Plan at Vi CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANK( OPEN SPACE: See Section 8 for an explanation of public, common and private open space. 3 LAND USE The primary public open space is the Village A Park, an approximately 1 -acre park to be installed with the development of the village. The requirements for this park are prescribed in Table 8-2. Common open space is required for each sub -development in addition to the public park. Common open space is typically a shared amenity for the residents of that development and may be secured if necessary. Requirements are factored by building type and dwelling unit quantity, as defined in Section 10. Smaller common spaces between building groups, over parking structures and at motor courts are encouraged. Private open space requirements per dwelling unit are defined by building type in Section 10. Example of Open Space Development in Village A: Example assumes 40 detached and 170 multifamily walk-up residences are constructed, for a total of 210 dwelling units. Common Open Space: Per Table 10-4, common open space is required at the following ratios: 40 detached units x 80 sf/du = 3,200 sf of common open space 170 multifamily walk-up units x 60 sf/du = 10.200 sf of common open space 13,400 sf of common open space This can be one large common open space shared by both the detached and multifamily residents or separate spaces. A portion of the common open space requirement may be fulfilled in the primary public open space. Table 8-2 requires that 0.65 acres of the 0.95 -acre park must be open to the public. The remaining 0.3 acres (13,068 sf) may be used to satisfy a portion of the required common open space. For example, a pool and deck area of 13,000 sf could be located within the 0.95 -acre Village A Park and could be enclosed as required by code, with access limited to residents of Village A. A separate roof deck or tot lot within the multifamily development could satisfy the remaining 400 sf of required common open space. Private Open Space: May be accomplished through balconies, terraces or yards attached to each dwelling. Per Table 10-4, private open space is required at the following ratios: 40 detached units x 100% = 40 of the units require 100 sf min. of private open space 170 multifamily walk-up units x 100% = 170 of the units require 80 sf min. of private open space LANDSCAPE PALETTE: See Appendix A. Selections for park trees and accent plants should express the unique identity of Village A. See Section 10.6 for Landscape Standards. rf�itr%SPECIFIC PLAN November 2017 3-15 LAND USE 3 Civic Center November 2917 D 300 600' 1200 SPECIFIC PLAN 3.6 Village B 3 LANG USE Village B occupies a previously graded pad and is suitable for large scale multifamily housing mirroring the building forms of Village A. The location of Village B at the north end of the property makes it a gateway site, especially as it occupies a promontory that, together with Village A, frames either side of the Western Bypass Corridor at its northerly base. Development along the edge of the plateau is favorable for views overlooking Temecula to the east. The trapezoidal outline of the plateau presents the opportunity for a triangular green or some other unique shape to distinguish this village from others. Opening the east end of the green also provides view opportunities for housing surrounding the green. Village B is next to the elementary school site making this location ideal for families with young children. Higher density is appropriate to the activity generated by a school. BOUNDARIES: Altair Vista to the west, Western Bypass Corridor to the north, adjacent properties to the east and south. SIZE: Approximately 12.4 gross acres. Pad size may vary through implementation of retaining walls and/ or stepped foundation systems. ACCESS: Entry is at the southwest corner from Altair Vista. Secondary access for emergency only is located further north near the intersection of Altair Vista with the Western Bypass. Two points of vehicular fire access must be provided for each village area that has 35 dwelling units or more. Pedestrian and bicycle routes parallel the vehicular path. DWELLING UNITS: See Table 3-1. rill SPECIFIC PLAN November 2017 3-17 Figure 3-g1.641111111111 AM. ALLOWABLE BUILDING TYPES: The following building types are allowed in Village B. See Section 10.10 for definitions and standards of each building type. Detached Housing Micro Units Multiplex Multifamily Walk -Up Rowhouses Multifamily Podium Live / Work Community Buildings BUILDING FRONTAGE: Buildings should front on the park and on Altair Vista. Additional frontages may be provided along landscaped paseos, mews or courts. See Figure 9-2. BUILDING SETBACK: Setbacks are required only at the designated streets and at village boundaries. There are no setback requirements at interior lot lines, streets or alleys within the village limits. See Section 10.4 for further explanation of setbacks and yards. From Altair Vista Property Line: From Western Bypass ROW: At other lot lines: 3 ft. min. 20 ft. min. 0 ft. min. 10 ft. max. No maximum ALLOWABLE BUILDING HEIGHT: 2-5 stories. See Table 10-2. Secondary Fire access on! ResidentidI Altair Vista Primary Entrance CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANE1f DRIVEWAY AND SECONDARY STREET STANDARDS: 1. A one-way loop road or couplet, similar to Figures 4-25 and 4-26 should be provided around the Village B park. 2. No driveways may be located on Altair Vista, except the village access road and any required emergency access. 3. Shared driveways are encouraged wherever possible. 4. Driveways on the same side of a street shall be separated by at 50 feet to centerline, except at rowhomes. 5. Driveways at rowhomes should be paired to allow more landscaped area between the pairs. PARKING STANDARDS: 1. Parallel parking shall be provided on one side only of the one-way loop road around the park. 2. Parallel or diagonal on -street parking is encouraged on one or both sides of internal secondary streets. 3. Parallel or diagonal on -street parking is primarily for visitors, guests and overflow parking at night. 4. Required off-street parking shall comply with Section 10.7 and Table 10-3 and will predominantly be provided in private and shared garages. 5. Additional parking shall be located within the developable area. See Sections 9 and 10.7 for standards. 6. Parking lots shall not be visible from the park or surrounding open space or from Altair Vista. Class 1 Trail 4 A Residential Altair Vista School Figur10 Pedestrian Circulation - Village B CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. =MISPECIFICPLAN November 2017 Village "B" Park Concept: The flatiron shape of the Village "B" Park, FIGURE 3- 11, allows for natural open space in contemporary, geometric form. A large recreational lawn utilizes most of the space, yet there are also pockets of natural landscaped area in the corners and a children's playground. Tucked near the playground is a shaded picnic and seating area. A landscaped parkway provides a buffer from vehicular circulation. LEGEND: 1, NATURAL LANDSCAPE AREA 2. LAWN 3. SHADED SEATING i PICNIC AREA 4. PLANTED PARKWAY 5. PLAYGROUND :ICYCLE RACK Loc*noNs TO BF OETERMINEO) CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. Novimb r 2017 SPECIFIC PLAN FII APPLICABLE PROJECT STANDARDS: Table 3-1 Land Use Zones and Development Intensity 4 Circulation Plan 5 Grading Plan 6 Infrastructure and Utilities Plan 8 Open Space and Recreation Plan 9 Design Guidelines 10 Development Standards 11 Implementation Plan GRADING STANDARDS: Village B occupies land that has been substantially graded to form a generally flat plateau that is significantly higher than the Western Bypass or adjacent properties to the southeast and northeast. Grade changes within the pad area will be resolved in the park and open spaces between building types. The buildable area can be expanded with stepped buildings, by placing rear garages at different levels from street entries, sloping interstitial landscape areas and terracing private patios. See Section 9.7 for standards regarding slopes and retaining walls. OPEN SPACE: See Section 8 for an explanation of public, common and private open space. The primary public open space is the Village B Park, an approximately 0.6 acre park to be installed with the development of the village. The requirements for this park are prescribed in Table 8-2. Common open space is required for each sub -development in addition to the public park. Common open space is typically a shared amenity for the residents of that development and may be secured if necessary. Requirements are factored by building type and dwelling unit quantity, as defined in Section 10. Smaller common spaces between building groups, over parking structures and at motor courts are encouraged. Private open space requirements per dwelling unit are defined by building type in Section 10. Example of Open Space Development in Village B: Example assumes 170 multifamily walk-up residences are constructed. Common Open Space: Per Table 10-4, common open space is required at the following ratios: 170 multifamily walk-up units x 60 sf/du = 10,200 sf of common open space This can be one Targe common open space shared by all buildings or separate spaces. A portion of the common open space requirement may be fulfilled in the primary public open space. Table 8-2 requires that 0.40 acres of the 0.65 -acre park must be open to the public. The remaining 0.25 acres (10,890 sf) may be used to satisfy a portion of the required common open space. For example, a typical 8,000 sf tennis court could be located within the 0.65 -acre Village B Park and could be enclosed, with access limited to residents of Village B. A separate courtyard or roof deck within the multifamily development could satisfy the remaining 2,200 sf of required common open space. Private Open Space: May be accomplished with balconies, terraces or yards attached to each dwelling. Per Table 10-4, private open space is required at the following ratios: 170 multifamily walk-up units x 100% = 170 of the units require 80 sf min. of private open space LANDSCAPE PALETTE: See Appendix A. Selections for park trees and accent plants should express the unique identity of Village B. See Section 10.6 for Landscape Standards. %AJSPECIFIC PLAN November 2017 3-21 LAND USE 3 Novwmbwr gO17 0 300' 800' in SPECIFIC PLAN FJ% 3.7 Village C 3 LAND USE Village C is the core of Altair. It is the most densely developed Village and offers the most variety of uses and building types. It encompasses the central park, includes the community center and is adjacent to the school site. The planning is very urban with apartment buildings, row houses and tight clusters of homes punctuated by plazas. The focal point of Village C and the entire community is a promontory plaza and roundabout anchoring one end of an axis aligning with Main Street in Old Town and anchored on the opposite end by the Temecula Civic Center. From this vantage point, the relationship between Altair and Old Town Temecula is very clear. The plaza is defined by two structures comprising the community center: a recreation center with pool to the northwest and a clubhouse to the northeast. Multi -story attached or stacked residences form the south edge of the plaza, possibly with street -level commercial uses. The club house opens onto the park with terrace seating. Streets and pedestrian paths radiate from the plaza. The park and community center are described in greater detail in FIGURE 3-13 and FIGURE 3-14 and in Section 8: Open Space and Recreation of this Specific Plan. Village C overlooks Old Town and provides a pedestrian link to Main Street through the park. The village is itself divided by terrain and roads into neighborhoods linked by a semi -circular street. The street bridges over the park where it crosses the east -west path descending down to Main Street. This bridge, when seen from Old Town along the Main Street axis, is another visual gateway to the community, framing the park and set against the backdrop of the natural hillside above. It is anticipated that Village C will receive the most visitors from outside the community to use the park and school. A higher level of commercial retail space is therefore appropriate in this planning area. • SPECIFIC PLAN November 2017 irS4 LAND USE 3 Primary Access Roundabout 1 See Fig.9-16 Altair Vista Recreation Center Roundabout 2 See Fig.9-17 Iconic Tower Altair Vista Residential 1�1 Residential Residential Secondary„,..-.'.\ Access Brid. e Over Park A Street Roundabout 3 See Fig. 9-20 Figure 3-13 Vehicular Access - Village C CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANET% Roundabout 1 See Fig- 9-16 Mid -Block Crossin see Figure 4-5 Recreation Center Roundabout 2 See Fig. 9-17 Grand Stairca e Seating Iconic Tower Class 1 Trail Altair Vista 3 LAND USE Walkwa son Bridge Grand Staircase to Main Street ------0- axis to Civic Center Mid -Block Crossin see Figure 4-9 Path Under Bridge Pedestrian Promenade Outlook Roundabout 3 See Fig. 9-20 ian Circulation - Village C CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. INNA SPECIFIC PLAN November 2017 3-25 LAND USE 3 3-26 BOUNDARIES: Western Bypass to the west, adjacent properties to the north and east, open space ravine to the south. SIZE: Approximately 21.1 gross acres. Pad size may vary through implementation of retaining walls and/ or stepped foundation systems. ACCESS: Altair Vista from north and south, running through the village. Coromell Trail from north and east. Major internal circulation along A Street. Two points of vehicular fire access must be provided for each village area that has 35 dwelling units or more. Pedestrian and bicycle connectivity is key to the success of Village C and the Park: • Pedestrian and bicycle routes are provided along Altair Vista and A Street. • An accessible link is provided to the Class 1 bike path paralleling Western Bypass • Additional pedestrian access to/from Old Town via Main Street, the grand staircase and east/west path through park • Pedestrian promenade to southeast, connecting to trail system. DWELLING UNITS: See Table 3-1. ALLOWABLE BUILDING TYPES: The following building types are allowed in Village C. See Section 10.10 for definitions and standards of each building type. Lower density uses should be focused toward the north end of this village, with higher scale framing the urban park. Detached Housing Multiplex Rowhouses Live / Work Micro Units Multifamily Walk -Up Multifamily Podium Mixed Use Community Buildings Iconic Tower BUILDING FRONTAGE: Buildings should front on Altair Vista and secondary streets and on the park and other open space. Additional frontages may be provided along landscaped paseos, mews or courts. See Figure 9-2. November 2017 SPECIFIC PLANK 3 LAND USE BUILDING SETBACK: Setbacks are required only at the designated streets and at village boundaries. There are no setback requirements at interior lot lines, streets or alleys within the village limits. See Section 10.4 for further explanation of setbacks and yards. From Altair Vista Property Line: From Coromell Trail ROW: From A Street Property Line: 3 ft. min 3 ft. min 0 ft. min 5 ft. max. No maximum 5 ft. max. ALLOWABLE BUILDING HEIGHT: 2-5 stories. See Table 10-2. DRIVEWAY AND SECONDARY STREET STANDARDS: 1. Shared driveways are encouraged wherever possible. 2. Driveways on the same side of a street shall be separated by 50 feet to centerline, except at rowhomes. 3. Driveways at rowhomes should be paired to allow more landscaped area between driveway pairs. IM SPECIFIC PLAN Hovemb•r 2017 3-27 Central Park at Village C Concept In the heart of the development is a Village "C" Park to serve as a central open space to the Altair community and Old Town Temecula, FIGURE 3-15. It is anchored by the community center at the top of the hill to the west and encircled by the homes and apartment buildings of Village C. The park is strategically situated on axis with Main Street and the City of Temecula Civic Center. The southern edge of the park is designed as a linear path on that same axis that cascades down the slope, passing under the A Street bridge and connecting to the town via a grand staircase to Main Street. Conversely, from Main Street in Old Town the view up the axis features an arched bridge framing the park, with the community center promontory above, an iconic tower and the natural escarpment beyond, The park allows residents along its perimeter to open onto the park with direct access and views. Walkways stretching out from the park allow easy pedestrian access from many points in the community and the City of Temecula. While the site offers a 50' topographical change, the park gracefully incorporates accessible walkways and stairs into the design instead of clumsy ADA ramp "switchbacks". These gradual walkways allow access to the park's recreational, natural, and commercial spaces. Various types of shade structures and planted groves of trees provide shade as users sit, picnic, and move throughout the park. The different areas of the park offer a gradient of uses. The lower end of the park to the east is less formal and features open space and native landscape planting which leads into a nature trail as topography increases. This nature trail encompasses an open lawn space which acts as a play area and amphitheater to the centrally located stage/ picnic shelter. The natural amphitheater may host movie nights, concerts and festivals as well as passive recreation and picnicking, In the upper end of the park to the west are shaded picnic areas, children's play space, and restrooms all located near the parking lot. Additional overflow parking will occur on Altair Vista, A Street and at the school site across the street when school is not in session. The community center is composed of two facilities: a recreation center west of Altair Vista and a clubhouse east of Altair Vista and contiguous to the park. The recreation center edges grand steps at the peak of the Main Street axis, a prime gathering space and scenic viewpoint. The recreation center incorporates outdoor pools and a spa, fitness and exercise rooms for residents. The clubhouse is a dual -fronted building with entry from the street side and openings to a large terrace on the park side. The Master HOA will operate the recreation center and clubhouse facilities and may work with the City's Community Services Department and/or the general public for the potential hosting of classes, activities, wedding and event rentals at the clubhouse. At the highest point in the park, a terrace available for cafes or events has views over the park and out over the City of Temecula. The design of surrounding architecture is critical to the success of the Village C Park. Facades should face the park with entries, windows, balconies and porches to facilitate interaction between the public open space and perimeter residents. Pedestrian walkways edging the park and providing direct access between development and the park are encouraged. These "eyes" on the park will improve park safety and benefit the surrounding buildings with enhanced views. See Sections 9.4.1, 9.4.2, 9.4.4, 9.4.5 and 9.4.8 for examples of frontage types appropriate to face the park. As shown in Figure 10-1 and 10-3, architectural elements such as porches and trellises that soften park facades may encroach into required setbacks. Any walls or fences should be kept low to allow views across by seated persons and to avoid a defensive appearance. November 2017 SPECIFIC PLANflf 3 LAND USE KEY PLAN 1. CLUBHOUSE 2. PARKING LOT 3. PARK RESTROOMS 4. SHADE SHELTERS 5. OPEN LAWN 6. PLAYGROUND 7. LARGE SHELTER! STAGE 8. DOG RUN 9. OVERLOOKS 10. FORMAL "URBAN AREA" 11. INFORMAL "NATURAL" AREA (NATIVE TREES AND SHRUBS, BOULDER TRAVERSING AREAS * BICYCLE RACK (FINAL LOCATIONS TO BE VIEWS INTO PARK FROM ADJACENT RESIDENCES "EYES ON THE PARK" POLICE + EMERGENCY VEHICULAR ACCESS POLICE + EMERGENCY ACCESS POINTS (INDICATES POINT THAT CAN BE REACHED BY EMERGENCY VEHICLE FROM SURROUNDING STREETS) ' I. SPECIFIC PLAN Village C PEDESTRIAN CONNECTION TO OLD TOWN CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 4 3-29 Al PARKING STANDARDS: 1. Parallel parking shall be provided on one side only of Altair Vista 2. Parallel or diagonal on -street parking is encouraged on one or both sides of internal secondary streets. 3. Parallel or diagonal on -street parking is primarily for visitors, guests and overflow parking at night. 4. Required off-street parking shall comply with Section 10.7 and Table 10-3 and will predominantly be provided in private and shared garages. 5. Additional parking shall be located within the developable area. See Sections 9 and 10.7 for standards. 6. Residential parking lots shall not be visible from the park or surrounding open space, from Altair Vista, or from A Street. 7. Parking lots shall be provided for the park and for the community center. Both lots shall be accessed from Altair Vista. APPLICABLE PROJECT STANDARDS: Table 3-1 Land Use Zones and Development Intensity 4 Circulation Plan 5 Grading Plan 6 Infrastructure and Utilities Plan 8 Open Space and Recreation Plan 9 Design Guidelines 10 Development Standards 11 Implementation Plan GRADING STANDARDS: Village C steps down from west to east, with different pad levels separated by Altair Vista, A Street and the large park. Buildings should also be stepped to negotiate grade changes and present engaged facades to these streets, with entries in reasonable proximity to street level. This can be accomplished by placing rear garages at different levels from street entries, sloping interstitial landscape areas and terracing porches and entry stoops. Blank basement walls and high retaining walls must be avoided along streets and pedestrian paths. Nor should pedestrians see only exposed roofs and eaves, unless landscaped roof terraces are incorporated. See Section 9.7 for standards regarding slopes and retaining walls. Grading design in Village C should maximize views while maintaining a cohesive neighborhood. Certain promontories shall be maintained, such as the traffic oval and the southeast terminus of the pedestrian promenade. la 4 WESTERN BYPASS UPPt S rniR PIuA CLuEIIOUSE Figure 3-16 Park Section at ♦• A STREET P, ;1 • n e CORGIL. TRAIL GRAND MAIN Si PUJOI.. ST CONCEPTUAL SECTION ONLY, ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANfiL OPEN SPACE: See Section 8 for an explanation of public, common and private open space. The primary public open space is the 5.0 -acre Village C Park, to be installed as part of the master development. The requirements for this park are prescribed in Table 8-2. Common open space is required for each sub -development in addition to the public park. Common open space is typically a shared amenity for the residents of that development and may be secured if necessary. Requirements are factored by building type and dwelling unit quantity, as defined in Section 10. Smaller common spaces between building groups, over parking structures and at motor courts are encouraged. Private open space requirements per dwelling unit are defined by building type in Section 9. Example of Open Space Development in Village C: Example assumes 290 rowhouses and 260 multifamily podium residences are constructed, for a total of 550 dwelling units. Common Open Space: Per Table 10-4, common open space is required at the following ratios: 290 rowhouse units x 60 sf/du 260 multifamily podium units x 50 sf/du = 17,400 sf of common open space = 13,000 sf of common open space = 30,400 sf of common open space Given the large size of Village C and the central park, the common open space should be spread as separate spaces throughout the village, with some kind of exterior amenity in close proximity to all residences, particularly tot lots. These spaces may be shared between different housing types and even distinct projects. Multifamily projects typically have exterior common space within the building footprint, such as podium -level courtyards or pools, or roof terraces. Table 8-2 requires that all 5.0 acres of the Village C Park must be open to the public. Therefore, no portion of the common open space requirement for Village C may be fulfilled by the primary public open space. Private Open Space: May be accomplished with balconies, terraces or yards attached to each dwelling. Per Table 10-4, private open space is required at the following ratios: 290 rowhouse units x 100% = 290 of the units require 100 sf min. of private open space 260 multifamily podium units x 100% = 130 of the units require 60 sf min. of private open space LANDSCAPE PALETTE: See Appendix A. Selections for park trees and accent plants should express the unique identity of Village C. See Section 10.6 for Landscape Standards. %ori SPECIFIC PLAN November 2017 dDSE 3-31 LAND USE 3 0 300' BOD' 1200 November 2017 SPECIFIC PLAN/ 3.8 Village D 3 LAND USE Village D is located on axis with the First Street entrance to Altair. It occupies a stepped plateau bracketed by two open space ravines to the north and south and overlooking the First Street entry. The adjacent Western Bypass is at its highest point in this segment and is elevated above the village. Village D is situated to either side of a central green that is the social and physical focus of the neighborhood. East -west pedestrian paths link the neighborhood with the park and with trails linking to other villages. These paths shall be separate from vehicular routes for the most part and are in addition to walkways along side the vehicular system. This results in a pedestrian "green" network overlapping - but distinct from - the paved vehicular network. BOUNDARIES: Western Bypass to the west, open space ravines to the north and south, adjacent properties to the east. SIZE: Approximately 9.0 gross acres. Pad size may vary through implementation of retaining walls and/or stepped foundation systems. SPECIFIC PLAN November 2017 3-33 LAND USE 3 'Altair Vista Access Altair vista Residential Access Residential • r i .04 CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. ACCESS: Altair Vista from adjacent villages from the north and south. Altair Vista intersects the green at the north and south ends and splits into a one-way lane circumnavigating the open space. Traffic is forced to slow upon entering the village and the one-way configuration makes pedestrian crossing safer. Pedestrian and bicycle routes parallel the vehicular path. Additional pedestrian access from trails crossing and through ravines; link to bike path paralleling Western Bypass. Two points of vehicular fire access must be provided for each village area that has 35 dwelling units or more. DWELLING UNITS: See Table 3-1. November 2017 SPECIFIC PLANrI Altair Vista Class 1 Trail i N .1.1141111 24. Altdir Vista MD 3-t9 _ _PwleaiMMN Residential CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. 3 LAND USE ALLOWABLE BUILDING TYPES: The following building types are allowed in Village D. See Section 10.10 for definitions and standards of each building type. Higher density uses should be focused toward the center of this village, with lower scale and density along the ravine edges, Detached Housing Multiplex Rowhouses Live / Work Micro Units Multifamily Walk -Up Multifamily Podium Mixed -Use Community Building jai SPECIFIC PLAN November 2017 3`=35 LAND USE 3 BUILDING FRONTAGE: Buildings should front on the park, Altair Vista and surrounding open space. Additional frontages may be provided along landscaped paseos, mews or courts. See Figure 9-2. BUILDING SETBACK: Setbacks are required only at the designated streets and at village boundaries. There are no setback requirements at interior lot lines, streets or alleys within the village limits. See Section 10.4 for further explanation of setbacks and yards. From Altair Vista Property Line: All other Lot Lines: 0 ft. min 0 ft. min 5 ft. max. 10 ft. max. ALLOWABLE BUILDING HEIGHT: 2-4 stories. See Table 10-2. DRIVEWAY AND SECONDARY STREET STANDARDS: 1. No individual private drives shall be located on the Altair Vista loop around the park. 2. Secondary street and/or common driveway intersections with Altair Vista shall be limited to four locations. 3. Shared driveways are encouraged wherever possible. 4. Driveways on the same side of a street shall be separated by 50 feet to centerline, except at rowhomes. 5. Driveways at rowhomes should be paired to allow more landscaped area between driveway pairs. PARKING STANDARDS: 1. Parallel parking shall be provided on one side only of the one-way Altair Vista loop around the park. This is primarily for visitors, guests and overflow parking at night. 2. Required off-street parking shall comply with Section 10.7 and Table 10-3 and will predominantly be provided in private garages. 3. Additional parking shall be located in motor courts or along secondary streets. See Sections 4 and 9 for motor court standards. 4. Parking lots shall not be visible from the park or surrounding open space, or from Altair Vista. APPLICABLE PROJECT STANDARDS: Table 3-1 Land Use Zones and Development Intensity 4 Circulation Plan 5 Grading Plan 6 Infrastructure and Utilities Plan 8 Open Space and Recreation Plan 9 Design Guidelines 10 Development Standards 11 Implementation Plan November 2017 SPECIFIC PLAN FI/ GRADING STANDARDS: Village D slopes down from west to east, with steep slope banks on all sides. Buildings should be used to negotiate grade changes as much as possible. This can be accomplished by placing rear garages at different levels from street entries, sloping interstitial landscape areas and terracing private patios. See Section 9.7 for standards regarding slopes and retaining walls. OPEN SPACE: See Section 8 for an explanation of public, common and private open space. The primary public open space is the Village D Park, a 0.8 -acre village green to be installed as part of the master development with construction of this segment of Altair Vista. The requirements for this park are prescribed in Table 8-2. Common open space is required for each sub -development in addition to the public park. Common open space is typically a shared amenity for the residents of that development and may be secured if necessary. Requirements are factored by building type and dwelling unit quantity, as defined in Section 10. Smaller common spaces between building groups, over parking structures and at motor courts are encouraged. Private open space requirements per dwelling unit are defined by building type in Section 10. Example of Open Space Development in Village D: Example assumes 90 rowhouses and 30 live/work units are constructed, for a total of 120 dwelling units. Common Open Space: Per Table 10-4, common open space is required at the following ratios: 90 rowhouse units 30 Iive/work units x 60 sf/du x 60 sf/du = 5,400 sf of common open space = 1.800 sf of common open space = 7,200 sf of common open space This can be one large common open space shared by both the rowhouse and live/work residents or separate spaces. Table 8-2 requires that all 0.80 acres of the Village D Park must be open to the public. Therefore, no portion of the common open space requirement for Village D may be fulfilled by the primary public open space, unless it is in excess of the 0.80 -acre minimum public area. Private Open Space: May be accomplished with balconies, terraces or yards attached to each dwelling. Per Table 10-4, private open space is required at the following ratios: 90 rowhouse units 30 live/work units x 100% = 90 of the units require 100 sf min. of private open space x 100% = 30 of the units require 100 sf min. of private open space =104 SPECIFIC PLAN November 2017 3-37 KEY PLAN 91 ACRES LEGEND: 1 SHRUBS OR GRASSES 2 GROVE PICNIC AREA 3 LAWN 4 PLANTED PARKWAY 5 TOT LOT PLAYGROUND 6 SEATWALL 7 SIGN WALL 8 DECORATIVE FENCE. 36' HIGH 9 BENCHES *iv 9 0 * BICYCLE RACK (FINAL LOCATIO•18 TO OE OETEIWNEOI CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANT LANDSCAPE PALETTE: See Appendix A. Selections for park trees and accent plants should express the unique identity of Village D. See Section 10.6 for Landscape Standards. Village "D" Park Concept: Strong geometric arcs divide the space of the 0.80 -acre Village "D" Park, FIGURE 3-20. The largest space is an open recreational lawn. Next to the lawn is a large playground with a dense tree canopy for shade. Tucked between the lawn and playground is a shaded seating area with seatwalls and picnic benches. Bookending the entire park are two natural landscaped areas that frame the park. A planted parkway around the entire park provides a buffer from vehicular circulation. SPECIFIC PLAN November 2017 3-39 LAND USE 3 November 2017 SPECIFIC PLANET/ 3.9 Village E Village E is elongated in the north -south direction and slopes steeply down from west to east. Buildings will need to step to avoid excessive cut and fill, therefore lower scale development and lower density are suitable for this planning area. The village green is arranged in the east - west direction to give village E a different character and to take advantage of excellent vistas to mountains south and east of the site. BOUNDARIES: Western Bypass to the west, open space ravines to the north, B Street North and Village F to the south, adjacent properties to the east. S'ECIFIC PLAN November 201! '4-41 LAND USE 3 SIZE: Approximately 7.8 gross acres. Pad size may vary through implementation of retaining walls and/ or stepped foundation systems. ACCESS: Altair Vista from Village D from the north; Altair Vista from project entry from the south. Two points of vehicular fire access must be provided for each village area that has 35 dwelling units or more. Pedestrian and bicycle routes parallel vehicular path. Additional pedestrian access from trails crossing and through ravines; link to bike path paralleling east property line. DWELLING UNITS: See Table 3-1. Residential B Street North Secondary Access CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANK ALLOWABLE BUILDING TYPES: The following building types are allowed in Village E. See Section 10.10 for definitions and standards of each building type. Lower density uses should be focused toward the north end of this village, with higher scale framing the urban park. Detached Housing Multiplex Rowhouses Live / Work Micro Units Multifamily Walk -Up Community Buildings Altair Vista Residential Class 1 Trail AltairVi m z CC Residential B Street North Residential Figu _ e E. CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. % 7SPECIFIC PLAN November 2017 LAND USE 3 BUILDING FRONTAGE: Buildings should front on Altair Vista and on the village park and other open space. Additional frontages may be provided along landscaped paseos, mews or courts. See Figure 9-2. BUILDING SETBACK: Setbacks are required only at the designated streets and at village boundaries. There are no setback requirements at interior lot Tines, streets or alleys within the village limits. See Section 10.4 for further explanation of setbacks and yards. From Altair Vista Property Line: All other Lot Lines: 0 ft. min 0 ft. min 5 ft. max. 10 ft. max. ALLOWABLE BUILDING HEIGHT: 2-4 stories. See Table 10.2. DRIVEWAY AND SECONDARY STREET STANDARDS: 1. There shall be no driveways to private garages on Altair Vista. Only driveways to alleys, motor courts or secondary streets are allowed. 2. Shared driveways are encouraged wherever possible. 3. Driveways on the same side of a street shall be separated by 50 feet to centerline, except at rowhomes. 4. Driveways at rowhomes should be paired to allow more landscaped area between driveway pairs. PARKING STANDARDS: 1. Parallel parking shall be provided on one side only of Altair Vista. 2. On -street parking is primarily for visitors, guests and overflow parking at night. 3. Required off-street parking shall comply with Section 10.7 and Table 10-3 and will predominantly be provided in private and shared garages. 4. Additional parking shall be located within the developable area. See Sections 9 and 10.7 for standards. 5, Residential parking lots shall not be visible from the park or surrounding open space, or from Altair Vista. November 2017 SPECIFIC PLANI!Jf i _AN: USE APPLICABLE PROJECT STANDARDS: Table 3-1 Land Use Zones and Development Intensity 4 Circulation Plan 5 Grading Plan 6 Infrastructure and Utilities Plan 8 Open Space and Recreation Plan 9 Design Guidelines 10 Development Standards GRADING STANDARDS: Village E slopes down from west to east, with steep slope banks on the north, west and east sides. Buildings should be used to negotiate grade changes as much as possible. This can be accomplished by placing rear garages at different levels from street entries, sloping interstitial landscape areas and terracing private patios. See Section 9.7 for standards regarding slopes and retaining walls. I. SPECIFIC PLAN November 2017 LAND USE 3 Village "E" Park Concept The Village "E" Park, FIGURE 3-24, is split into two separate spaces by Altair Vista. The western space is a large recreational lawn with perimeter planting of shrubs and shade trees. The eastern space has a recreational lawn, a playground, and a seating area overlooking the hillside. Both sides of the park have a shaded picnic area along the sidewalk nearest the road for an urban plaza feel. 73 ACRES LEGEND: 1. NATURAL LANDSCAPE AREA 2. LAWN 3. SHADED PICNIC AREA 4. SEATING AREA OVERLOOKING HILLSIDE 5. PLAYGROUND 6 SPECIAL PAVING AT CROSS WALK WITH BOLLARDS 7. NATURE PLAY TRAIL 8. CONNECTION TO HIKING TRAIL 0 N 1* BICYCLE RACK (RNA. LOUnONS'O8E DETERANNEDI .11111111111111 at yi e _ CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 Oott SPECIFIC PLANrlL .. LAND USE' OPEN SPACE: See Section 8 for an explanation of public, common and private open space. The primary public open space is the Village E Park, an approximately 0.5 acre park to be installed with the development of the village. The requirements for this park are prescribed in Table 8-2. Access should be provided from the park to the Class 1 bike path to the west and the hiking trail to the east. Common open space is required for each sub -development in addition to the public park. Common open space is typically a shared amenity for the residents of that development and may be secured if necessary. Requirements are factored by building type and dwelling unit quantity, as defined in Section 10. Smaller common spaces between building groups, over parking structures and at motor courts are encouraged. Private open space requirements per dwelling unit are defined by building type in Section 10. Example of Open Space Development in Village E: Example assumes 50 rowhouses and 30 multiplex units are constructed, for a total of 80 dwelling units. Common Ooen Soace: Per Table 10-4, common open space is required at the following ratios: 50 rowhouse units 30 multiplex units x 60 sf/du x 60 sf/du = 3,000 sf of common open space = 1,800 sf of common open space = 4,800 sf of common open space This can be one large common open space shared by both the rowhouse and multiplex residents or separate spaces. A portion of the common open space requirement may be fulfilled in the primary public open space. Table 8-2 requires that 0.25 acres of the 0.35 -acre park must be open to the public. The remaining 0.1 acre (4,356 sf) may be used to satisfy a portion of the required common open space. For example, a community produce garden of 3,000 sf could be located within the 0.35 -acre Village E Park and could be enclosed, with access limited to residents of Village E. A separate courtyard or roof deck within the multifamily development could satisfy the remaining 1,800 sf of required common open space. Private Open Space: May be accomplished with balconies, terraces or yards attached to each dwelling. Per Table 10-4, private open space is required at the following ratios: 50 rowhouse units 30 multiplex units x 100% = 50 of the units require 100 sf min. of private open space x 100% = 30 of the units require 100 sf min. of private open space LANDSCAPE PALETTE: See Appendix A. Selections for park trees and accent plants should express the unique identity of Village E. See Section 10.6 for Landscape Standards. f SPECIFIC PLAN November 2017 LAND USE 3 Area November 2017 0 300. 600 1200 SPECIFIC PLAN MI 4 3.10 Village F 3 LAND USE Village F is very linear and has a steep slope along the eastern edge. The west edge is relatively flat and level with the Bypass. Privacy and sound screening are important along this edge. A single street serves the neighborhood, ending at a promontory at the south end of the village. A gated access point is provided from the Western Bypass for emergency use by the Fire Department only. Multistory flats are appropriate on the west side of the street, closer to the Bypass. Attached single-family homes are better suited to the east side of the street, as the terrain slopes quickly and the lots are small. There are two park spaces in Village F. One park is centrally located adjacent to the clubhouse and pool for this village. The other park is at the southern tip and will be a destination for the community. Its elevation and location afford excellent views to the southeast. This park overlooks the south entry to the specific plan area as well as the south end of the Western Bypass and is one of the major entry monuments of Altair. SPECIFIC PLAN November 2017 3-5 BOUNDARIES: Western Bypass to the west and south; Altair Vista to the north; B Street North to the east; Village E to the north. SIZE: Approximately 9.0 gross acres. Pad size may vary through implementation of retaining walls and/ or stepped foundation systems. Altair Vista Primary Access Secondary Fire Access only i Residential Residential B Street North Park Access re 3-26 V CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLAN ..=.PlD l,Sr ACCESS: Altair Vista and B Street North from the north; emergency only access from Western Bypass. Two points of vehicular fire access must be provided for each village area that has 35 dwelling units or more. Pedestrian and bicycle routes parallel vehicular path. Additional pedestrian and bicycle links to bike path paralleling Western Bypass and east property line. DWELLING UNITS: See Table 3-1. i Altair Vista r Residential Class 1 Trail B Street North Residential ))SPECIFIC PLAN CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 LAND USE 3 ALLOWABLE BUILDING TYPES: The following building types are allowed in Village F. See Section 10.10 for definitions and standards of each building type. Lower density uses should be focused toward the north end of this village, with higher scale framing the urban park. Detached Housing Multiplex Rowhouses Micro Units Multifamily Walk -Up Multifamily Podium Community Buildings BUILDING FRONTAGE: Buildings should front on Altair Vista and on the village park and other open space. Additional frontages may be provided along landscaped paseos, mews or courts. See Figure 9-2. BUILDING SETBACK: Setbacks are required only at the designated streets and at village boundaries. There are no setback requirements at interior lot lines, streets or alleys within the village limits. See Section 10.4 for further explanation of setbacks and yards. From Western Bypass ROW: 10 ft. min From B Street North Property Line: 3 ft. min All other Lot Lines: 0 ft. min No maximum No maximum 10 ft. max. ALLOWABLE BUILDING HEIGHT: 2-4 stories. See Table 10-2. DRIVEWAY AND SECONDARY STREET STANDARDS: 1. There shall be no driveways to private garages on Altair Vista. Only driveways to alleys, motor courts or secondary streets are allowed. 2. Shared driveways are encouraged wherever possible. 3. Driveways on the same side of a street shall be separated by 50 feet to centerline, except at rowhomes. 4. Driveways at rowhomes should be paired to allow more landscaped area between driveway pairs. November 2017 SPECIFIC PLANrJ PARKING STANDARDS: 1. Parallel parking shall be provided on one side only of the Altair Vista or its extension into the village. 2. On -street parking is primarily for visitors, guests and overflow parking at night. 3. Required off-street parking shall comply with Section 10.7 and Table 10-3 and will predominantly be provided in private and shared garages. 4. Additional parking shall be located within the developable area. See Sections 9 and 10.7 for standards. 5. Residential parking lots shall not be visible from the park or surrounding open space, from Altair Vista or its extension into the village. APPLICABLE PROJECT STANDARDS: Table 3-1 Land Use Zones and Development Intensity 4 Circulation Plan 5 Grading Plan 6 Infrastructure and Utilities Plan 8 Open Space and Recreation Plan 9 Design Guidelines 10 Development Standards 11 Implementation Plan GRADING STANDARDS: Village F slopes down steeply on the south and east. Buildings should be used to negotiate grade changes as much as possible. This can be accomplished by placing rear garages at different levels from street entries, sloping interstitial landscape areas and terracing private patios. See Section 9.7 for standards regarding slopes and retaining walls. .111m E�iriSPECIFIC PLAN November 2017 3-53 LAND USE 3 Village "F" Park Concept The Village "F" Park, FIGURE 3-28, is also split into two separate spaces by a street. To the west is a large lawn for active recreation and may be used for sports. Shade trees along the lawn's perimeter provide shade for passive recreation. To the east is a smaller lawn adjacent to a playground and shaded picnic area. Natural landscaped areas border the space to create geometry to match the style of similar park spaces in the Altair community. .58 ACAES LEGEND: 1. NATURAL LANDSCAPE AREA 2. LAWN 3. SHADED PICNIC AREA 4. PLAYGROUND 5. SPECIAL PAVING AT CROSSWALK WITH BOLLARDS 9 "® BICYCLE RACK Ir ww (ou T lows Mt* Of rf w,i*f Figure 3-28 Park Plan at Village F CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANK OPEN SPACE: See Section 8 for an explanation of public, common and private open space. 3 LAND USE The primary public open space are the Village F Parks, totalling approximately 1.0 acres to be installed with the development of the village. These include the central Village F Park described in FIGURE 3-28 and a Promontory Park at the south end of the village. All buildings shall be generally north of the Promontory Park to maximize views from the park. The requirements for these parks are prescribed in Table 8-2. Common open space is required for each sub -development in addition to the public park. Common open space is typically a shared amenity for the residents of that development and may be secured if necessary. Requirements are factored by building type and dwelling unit quantity, as defined in Section 10. Smaller common spaces between building groups, over parking structures and at motor courts are encouraged. Private open space requirements per dwelling unit are defined by building type in Section 10. Example of Open Space Development in Village F: Assume 40 rowhouses and 80 multifamily walk-up units are constructed, for a total of 120 dwelling units. Common Open Space: Per Table 10-4, common open space is required at the following ratios: 40 rowhouse units 80 multifamily walk-up units x 60 sf/du x 60 sf/du = 2,400 sf of common open space = 4,800 sf of common open space = 7,200 sf of common open space This can be one large common open space shared by both the rowhouse and multifamily residents or separate spaces. A portion of the common open space requirement may be fulfilled in the primary public open space. Table 8-2 requires that 0.40 acre of the 0.60 -acre park must be open to the public. The remaining 0.2 acre (8,712 sf) may be used to satisfy a portion of the required common open space. For example, a community produce garden of 3,000 sf could be located within the 0.35 -acre Village F Park and could be enclosed, with access limited to residents of Village F. A separate courtyard or roof deck within the multifamily development could satisfy the remaining 1,800 sf of required common open space. Private Open Soace: May be accomplished with balconies, terraces or yards attached to each dwelling. Per Table 10-4, private open space is required at the following ratios: 40 rowhouse units x 100% = 40 of the units require 100 sf min. of private open space 80 multifamily walk-up units x 100% =80 of the units require 80 sf min. of private open space LANDSCAPE PALETTE: See Appendix A. Selections for park trees and accent plants should express the unique identity of Village F. See Section 10.6 for Landscape Standards. SPECIFIC PLAN November 2017 3-55 LAND USE 3 November,2Q17 0 300' 600' 1200 SPECIFIC PLAN 3.11 Village G Village G is south of the Western Bypass on land that slopes steeply to the southeast, offering prime views. The area has a strong connection to the south 55 -acre parcel and a proposed Nature Center. The interface with the MSHCP corridor is a critical edge condition. A relatively less urban development of clustered homes is appropriate here to take advantage of the views, negotiate the terrain and complement the adjacent open space. BOUNDARIES: Western Bypass to the north and northeast; B Street South to the east; Metropolitan Water District pipeline area and C Street to the south; MSHCP corridor to the west. SIZE: Approximately 7.3 gross acres. Pad size may vary through implementation of retaining walls and/ or stepped foundation systems. iSPECIFIC PL -'J November 2017 3-57 LAND USE 3 ACCESS: C Street from the south. Secondary fire access from B Street South for emergency use only. Two points of vehicular fire access must be provided for each village area that has 35 dwelling units or more. Pedestrian and bicycle routes parallel vehicular path. DWELLING UNITS: See Table 3-1. ALLOWABLE BUILDING TYPES: The following building types are allowed in Village G. See Section 10.10 for definitions and standards of each building type. Buildings should be sited in a manner to maximize vistas in every direction. Detached Housing Multiplex Rowhouses Multifamily Walk -Up Community Buildings B Street North Primary Access C Street f Camino Estribo Fire Access (emergency only,: • B Street • C Street South • Vehicular Access - Village G CONCEPTUAL PLAN ONLY: ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANrI7 3 LAND USE BUILDING FRONTAGE: Buildings should front on CStreet, B Street South, secondary roads and on open space. Additional frontages may be provided along landscaped paseos, mews or courts. See Figure 9-2. BUILDING SETBACK: Setbacks are required only at the designated streets and at village boundaries. There are no setback requirements at interior lot lines, streets or alleys within the village limits. See Section 10.4 for further explanation of setbacks and yards. From B Street South ROW: All other Lot Lines: 3 ft. min 0 ft. min No maximum 10 ft. max. ALLOWABLE BUILDING HEIGHT: 2-4 stories. See Table 10-2. -.31 Pedestrian Circulation - Village G I SPECIFIC PLAN CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 LAND USE 3 DRIVEWAY AND SECONDARY STREET STANDARDS: 1. There shall be no driveways to private garages on B Street South. 2. Shared driveways are encouraged wherever possible. 3. Driveways on the same side of a street shall be separated by 50 feet to centerline, except at rowhomes. 4. Driveways at rowhomes should be paired to allow more landscaped area between driveway pairs. PARKING STANDARDS: 1. Parallel parking may be provided on one side only of secondary streets. 2. On -street parking is primarily for visitors, guests and overflow parking at night. 3. Required off-street parking shall comply with Section 10.7 and Table 10-3 and will predominantly be provided in private and shared garages. 4. Additional parking shall be located within the developable area. See Sections 9 and 10.7 for standards. 5. Residential parking lots shall not be visible from surrounding open space, from the Civic Site, or from B Street South or the Western Bypass. APPLICABLE PROJECT STANDARDS: Table 3-1 Land Use Zones and Development Intensity 4 Circulation Plan 5 Grading Plan 6 Infrastructure and Utilities Plan 8 Open Space and Recreation Plan 9 Design Guidelines 10 Development Standards GRADING STANDARDS: Village G slopes down from west to east, with slope banks on either side. There is also a steep slope bank on the north side down to the Western Bypass. Buildings should be used to negotiate grade changes as much as possible. This can be accomplished by placing rear garages at different levels from street entries, sloping interstitial landscape areas and terracing private patios. See Section 9.7 for standards regarding slopes and retaining walls. November 2017 SPECIFIC PLAN OPEN SPACE: See Section 8 for an explanation of public, common and private open space. 3 4., I: -r The primary public open space is the Village G Park, an approximately 0.35 -acre park to be installed with the development of the village. The requirements for this park are prescribed in Table 8-2. Common open space is required for each sub -development in addition to the public park. Common open space is typically a shared amenity for the residents of that development and may be secured if necessary. Requirements are factored by building type and dwelling unit quantity, as defined in Section 10. Smaller common spaces between building groups, over parking structures and at motor courts are encouraged. Private open space requirements per dwelling unit are defined by building type in Section 10. Example of Open Space Development in Village G: Example assumes 40 detached and 40 multiplex residences are constructed, for a total of 80 dwelling units. Common Open Space: Per Table 10-4, common open space is required at the following ratios: 40 detached units 40 multiplex units x 80 sf/du x 60 sf/du = 3,200 sf of common open space = 2,400 sf of common oven space = 5,600 sf of common open space This can be one large common open space shared by both the detached and multiplex residents or separate spaces. Per Table 8-2, there is no public open space open space requirement for Village G. Therefore, the common open space and private open space calculated according to the quantity and type of dwelling units will fulfill the full open space requirement for Village G. This could be a pool and deck area, with access limited to residents of Village G, a central green or a series of linked playgrounds and smaller spaces. Private Oven Space: May be accomplished with balconies, terraces or yards attached to each dwelling. Per Table 10-4, private open space is required at the following ratios: 40 detached unit x 100% = 40 of the units require 100 sf min. of private open space 40 multiplex units x 100% = 40 of the units require 100 sf min. of private open space LANDSCAPE PALETTE: See Appendix A. Selections for park trees and accent plants should express the unique identity of Village G. See Section 10.6 for Landscape Standards. I iSPECIFIC PLAN November 2017 3-61 LAND USE 3 3-62 School 'moi ----- r-- 1111:. 1111111 IIILi11111111 t' HIhI NM NI 1 rro n m N i F 0 • Civic c Fiaure 3-32 School - Plan Area 0 300' 600' 1200 November 2017 In SPECIFIC PLANFJ 3.12 School Site 3 LAND USE Land of approximately 7 acres will be dedicated to the Temecula Valley Unified School District for a new elementary school to serve Altair and adjacent neighborhoods. The designated site for this school is at the north end of Altair Vista where it connects to the Western Bypass, south of Village B. This location is ideal for a school, as it allows convenient pick-up and drop-off from Rancho California Road and the Bypass with minimal disrupt -ion to the Altair neighborhood. It is anticipated that a percentage of the students will commute to this school from east of 1-15 via Rancho California Road. Any alternate location south of the designated site would route this traffic through Altair, creating gridlock and compromising the walkable nature of the community. Any location further north would lose connection with the neighborhoods of Altair. The designated site also has excellent views and places the school at an elevation where it can be seen as a prominent and recognizable edifice in the community. If the School District elects not to receive the land, the land may be developed with residential uses. Allowable residential density for the school site will be transferred from other villages, so that the total dwelling units for the entire Altair Specific Plan area shall not exceed the limits of Table 3-1. Access points to this parcel shall be similar to Figures 3-31 and 3-32, regardless of use. BOUNDARIES: Western Bypass to the west; Altair Vista to the east and north; Community Center to the south. FRANCIS PARKER SCHOOL IN SAN DIEGO, CA INf7 S'ECIFIC PLAN November 2017 3-63 LAND USE 3 SIZE: Approximately 7 net acres. Pad size may vary through implementation of retaining walls and/ or stepped foundation systems. ACCESS: Altair Vista. Routing of bus and vehicular traffic will be further refined in cooperation with the School District. STUDENT BODY: 600-730 students in grades K-6. Primar Access Altair Vista Coromell Trail ` \Secondary Access CONCEPTUAL PLAN ONLY; ACTDAL DESIGN MAY VARY. Novamber 2017 SPECIFIC PLAN!I 3 LAND USE BUILDINGTYPE: The style and scale of the building shall complement surrounding neighborhoods, but shall distinguish itself as an important civic institution. If the School District elects not to receive this land, then allowable building types include: Detached Housing Multiplex Rowhouses Live / Work Micro Units Multifamily Walk -Up Multifamily Podium Mixed Use Altair Vista Coromell Trail Park SPECIFIC PLAN. lation - School CONCEPTUAL PLAN CNL'; ACTUr, r,rSIGN my Novsmb•r 2017 3-65 LAND USE 3 BUILDING FRONTAGE: Buildings should front on Altair Vista. Additional frontages may be provided along internal circulation routes, quads, or courts. See Figure 9-2. BUILDING SETBACK: From Altair Vista ROW: From Western Bypass ROW: 5 ft. min 10 ft. min No maximum No maximum ALLOWABLE BUILDING HEIGHT: 1-2 stories for school; 4 stories if residential. See Table 10-2. DRIVEWAY AND SECONDARY STREET STANDARDS: 1. There shall be no driveways to private garages on Altair Vista. Only driveways to secondary streets are allowed. 2. Shared driveways are encouraged wherever possible. 3. Driveways on the same side of a street shall be separated by 50 feet to centerline, except at rowhomes. 4. Driveways at rowhomes should be paired to allow more landscaped area between driveway pairs. • I AQUATICS CENTER 2 SNARED PARKING 163 SPACES) 3 Pur NEI DIS • ELEMENTARY SCMOOI 5 ES PARKING 149 SPACES' Figure 3-35 Conceptual WRIon - Schoo CONCEPTUAL PLAN ONLY; ACTUAL DESIGN AND PROGRAM MAY VARY. November 2017 SPECIFIC PLANfrl ..•ra: 1.11- PARKING e PARKING STANDARDS: 1, Parking shall be provided on site for faculty and visitors, based on the anticipated student body for the size of school that is ultimately built. See section 10.7 2. Overflow parking for special events will be shared with parking for the community swimming pool / recreation center. 3. If residential uses are developed on the site, in the event that the School District elects not to receive the site, parking shall be provided as required in Table 10-3 for the appropriate dwelling types and quantities. APPLICABLE PROJECT STANDARDS: Table 3-1 Land Use Zones and Development Intensity 4 Circulation Plan 5 Grading Plan 6 Infrastructure and Utilities Plan 8 Open Space and Recreation Plan 9 Design Guidelines 10 Development Standards GRADING STANDARDS: The school site slopes down from west to east, with slope banks on either side. See Section 9.7 for standards regarding slopes and retaining walls. COMMON OPEN SPACE: A playfield will be provided at the school site. This field will be a shared facility with the Altair community and open to the general public when school is not in session. The play field will remain even if the School District elects not to receive the site and it is developed as residential use. In this case, the field will be maintained by the Master HOA. PRIVATE OPEN SPACE: Not applicable for school use. If the site is developed as residential use, then common and private open space must be provided as required in Section 10 for the appropriate housing type. LANDSCAPE PALETTE: See "School" section under Appendix A Plant List and Section 10.6.8 School. See "Villages" section under Appendix A plant list if residential units are developed. See Section 10.6 for Landscape Standards. I. SPECIFIC PLAN November 2017 3-67 LAND USE 3 BUILDABLE AREA November 2017 SPECIFIC PLANrI 3.13 Civic Site 3 LAND USE The southernmost parcel at Altair will be reserved for a nature center that will benefit the public through recreation, tourism and education related to the culture, natural environment and sustainability of the region. A significant portion of the site will be natural open space. The site is strategically located near existing and proposed trails, near the confluence of Temecula Creek and Murrieta Creek, forming the Santa Margarita River, and within the Pechanga Origin Area. The nature center's hours will be limited to dawn until two hours after dusk. BOUNDARIES: Camino Estribo and open space to the west; C Street and storm water easement (open space) to the north; Murrieta Creek to the east and south. SIZE: Approximately 55 total gross acres and 16 net acres. Pad size of 3.6 acres may vary through implementation of retaining walls and/ or stepped foundation systems. ACCESS: B Street South from the Western Bypass and 1-15; C Street from Village G. MAXIMUM SIZE: 20,000 s.f. max. in one or more buildings Site development to include surface parking, outdoor terraces, trails and other landscape features as needed to support the institution's program. BUILDING TYPE: Civic Budding The scale, materials and style of the buildings should be appropriate for a public facility and should be an asset to the community. The buildings must also be sensitive to the adjacent natural open space and the Temeku Village site to the south. Building design is discussed further in Section 10.20. Final siting, design and location of the Nature Center will be developed pursuant to MSFICP guidelines. MISSION TRAILS REGIONAL PARK, SAN DIEGO, CALIFORNIA f� SPECIFIC PLAN November 2017 3-69 LAND USE 3 BUILDING FRONTAGE: A clear entry shall be provided at the termination of B Street South. Procession and circulation for both vehicles and pedestrians shall be carefully designed to avoid conflicts and celebrate arrival. Development on this site shall focus on shared open space and places for outdoor gathering. The building and common spaces should take advantage of the impressive vistas from this site. See Figure 9-2. BUILDING SETBACK: Setbacks are required only at the designated streets and at south parcel boundary. There are no setback requirements at interior lot lines, streets or alleys within the overall boundary. At Camino Estribo and C Street: 10 ft. min No maximum ALLOWABLE BUILDING HEIGHT: Up to 2 stories. See Table 10-2. I - C Street 11 \ Natural f Open Space Secondary Fire f Access Only Buildable Pad Nature Center ! Camino Estdbo s 7 II 1 I � I B Street South Primary Access N. t \" 11 I1 1r Natval Open / Space with Trails / / / / western Bypass Tum Around Revegetated Open Spare wah Trois Natural Open Space with Trails Figure 3-37 Vehicular Access - Civic Site CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANFJI 3 LAND USE DRIVEWAY AND SECONDARY STREET STANDARDS: 1. There shall be one primary driveway entry onto B Street South. 2. A secondary driveway will be provided on Camino Estribo for emergency fire access only. 3. Camino Estribo will remain a natural surface road. PARKING STANDARDS: 1. Approximately 120 parking spaces will be provided for the nature center use. Surface parking will comply with City of Temecula standards for parking dimensions, landscaping and screening. 2. Paving shall have a low impact on water quality per the model WQMP. A permeable surface is preferred. C Street I � 1 Natural Open Space Buildable Pad Nalure Center Strep a a •'. • • • • • 1 • 11'I Futuremois To Be Determined Natural Opp SPaCe `\ Natural Open Space Trap From Offsite T. Trail Network 15%- 10%grade; Trill Prom ORslte T. Nature Center (S% • B% grade; Revegetated O• S•ace Trail From Nature Center To Trail Network Ill%- 10%gradel Iran From Nature Center TO Trail Network IS% grade) - ' Existing Trails Il /r� l I \` `' t 111111111138 _ Pedestrian Circulation - Civic Site CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. f��% SPECIFIC PLL.N November 2017 3-72 APPLICABLE PROJECT STANDARDS: Table 3-1 Land Use Zones and Development Intensity 4 Circulation Nan 5 Grading Plan 6 Infrastructure and Utilities Plan 8 Open Space and Recreation Plan 9 Design Guidelines 10 Development Standards GRADING STANDARDS: The site slopes down from west to the east and south, with slope banks on three sides. Site grading for the building pad and trails shall result in undulating slopes that appear natural and mimic existing surrounding topography. See Section 9.7 for standards regarding slopes and retaining walls. TRAIL DEVELOPMENT: 1. Trails will be 8'-10' wide and of a natural, pervious surface. 2. Trail layout will use siting guidance in the Western Riverside County Multiple Species Conservation Plan (MSHCP). 3. The City will work with the Pechanga tribe on the routing of trails to avoid significant cultural artifacts. 4. Existing trails will be utilized wherever possible. 5. Portions of existing trails may be eliminated through revegetation to provide a more specific trail alignment, and to protect sensitive habitat or cultural resources. 6. Proposed trails will begin and end at the Nature Center, providing a loop or out -and -back route. COMMON OPEN SPACE: Most of the south parcel will be left as natural open space. An existing stand of native oak trees at the west side of the parcel will be maintained. The south portion of the parcel will also be maintained as an open space buffer between new development and the historic Temecu Village site to the south. PRIVATE OPEN SPACE: N/A LANDSCAPE PALETTE: See "Civic / Community" section under Appendix A Plant List and Section 10.6.10. See Section 10.6 for Landscape Standards. FJL November 2017 _ SPECIFIC PLAN :.1d7_, USE CONSERVATION AND MITIGATION MEASURES: The Environmental Impact Report for Altair describes mitigation measures that, while applicable to the entire site, are particularly relevant to the conservation open space in the south and west portions of the south parcel and the goal of encouraging wildlife movement through this tract. Noted measures include: • Control Zones for exterior lighting; • Shielded exterior light fixtures that avoid light spillage or uplighting; • Limit hours of operation to the period from dawn to 2 hours after dusk; • Installation of a Wildlife Fence as shown in Figure 8-1 and described in Section 8.1. • Construction period best practices to minimize noise, erosion and other disturbances; • The portion of Camino Estribo west of the development area will remain unpaved to minimize vehicular speeds. f SPECIFIC PLAN November 2017 4 CIRCULATION PLAN CIRCULATION Al f"Ai r Transportation corridors and facilities are major components of the nation's landscape and public realm including the Altair Community and City of Temecula. The alignment, scale, and character of our thoroughfares play an integral role in determining urban form, development patterns, and a sense of place. The American Society of Landscape Architects supports the design, construction, and management of streets and highways that enhance interconnected transportation options, particularly for pedestrians, bicyclists, transit riders, and people with disabilities. All multi -modal transportation systems should be safe, efficient, convenient, and beautiful. Communities with "complete streets" encourage alternative transportation uses including provision of safe sidewalks and bicycle lanes enhanced with appropriate roadside plantings. Multi -modal streets provide mobility to people of all ages and abilities. Safe routes to schools are critical and encourage physical exercise. Streets should be community assets, compatible with built and natural environments, and reflect the balanced needs of the community and transportation networks. Altair embraces the concept of "complete streets". Narrow travel lanes and roundabouts calm traffic while improving traffic flow. "Sharrows" (shared bike lane symbols) as well as separate Class 1 bikeways provide multiple opportunities for bicycling. A network of large sidewalks, key walkways and separate hiking trails provide safe opportunities for walking, jogging, and rollerblading. Integrated "green infrastructure" and substantial landscape treatments will also help define the streets as sustainable community assets. The plan for Altair intends to return neighborhood streets to their historical function as social spaces and to free non -motorists from the defensive zones necessitated by high-speed automobile traffic. The circulation plan for Altair overlaps vehicular, pedestrian and bicycle systems to provide transportation choices and promote a safe and healthy lifestyle. While this plan recognizes the necessity to accomodate automobiles, the main focus is on human -powered circulation. Pedestrian and cycling routes due not merely parallel car lanes. In many instances, they are completely separate from vehicular streets. Several of the most prominent routes - the Main Street axis, the Promenade - are pedestrian only. Individual development projects within the villages of Altair are an important part of this pedestrian and bicycle system. It is vital to the success of the circulation plan that the final design of these sub -developments include internal pedestrian and cycling routes that connect to the community -wide system of walkways, trails and bikeways. . SPECIFIC PLAN November 2017 CIRCULATION 4 _ vr c r d c• Ref 1 7) ...e• al. Ekem. 1 4/ I. U. ...... ri5 / Stiyic . Vo° canter Main Street 1 t I 1 1 OLD TO WN / I .1* 01 -,, s1-. . 1 5 minute walk 1/4 m le CC cn uJ 3 Z November 2017 SPECIFIC PLAN 4.1 Pedestrian Walkways, Trails and Bikeways 4 CIRCULATION The pedestrian and cycling network is interwoven through all of the villages and active open spaces at Altair and connects to adjacent communities. Village nodes are within a S -minute walk of the next village and the majority of the developed area can be traversed north to south in about 30 minutes. See F EGURE 4-1. It is hoped that residents and visitors alike will walk these neighborhoods as much for pleasure as for convenience. 4.1.1 Temecula Multi -Use Trails and Bikeways Master Pian The Temecula Multi -Use Trails and Bikeways Master Plan was developed in response to a 1991 survey of Temecula residents that identified the need for a trail system that would: • Access key destinations within the City and region • Serve as both recreation and transportation routes • Connect neighborhoods to parks, schools employment and commercial areas • Form loops that follow creeks and utility easements wherever feasible ifs SPECIFIC PLAN November 2017 .4-3 ICIRCULATION 4 The Plan developed the following goals for the trail system: An interconnected system of pathways and bike routes is needed to support a variety of recreational uses and non -motorized transportation requirements for Temeculo residents. This system should be community -wide and should connect a variety of community and regional destinations (such as schools, parks and other areas of interest) and should utilize open space corridors, flood control channels, utility easements, publicly owned lands and roadways most appropriate for non -motorized uses. Trails and bike routes should be provided to improve the quality of life for residents of Temeculo, offer transportation alternatives, accommodate recreational enjoyment and increase the value and connectiveness (sic) of the community." A trail system is provided in the Altair Plan to provide a non -motorized circulation network, separate from the vehicular system, linking villages with each other and with parks and community amenities. This will serve predominantly pedestrians and bicyclists at slow speeds. The trail system will also link to Old Town and will be accessible by non-residents. Trail and bikeway types identified in this plan are consistent with Types M1, 81 and 83 described in the Trails Master Plan. November 2017 SPECIFIC PLANri 4.1.2 Circulation Plan - Pedestrian/ Bicycle 4 CIRCULATION Altair is designed as a Walkable Community. There are numerous factors that contribute to a community's walkability besides a strong pedestrian and bicycle circulation network. Walkable.org a national leader in defining walkable communities has developed a "Healthy Development Checklist". Altair utilizes the following principles from that checklist to enhance walkability: The project promotes interaction between neighbors through parks, street front standards that encourage public / private transition spaces such as porches, etc. • The project is adjacent to Old Town Temecula and includes several strong pedestrian and roadway linkages. • There is a diversity of housing densities and potential diversity of income levels. • Nonresidential land uses such as parks, civic and school facilities are fully integrated with the residential land uses. • Land use is configured around walkable block sizes. Street patterns and block sizes are discussed further in Section 9.13. Neighborhoods are permeable. There are no gated communities or other barriers to pedestrian connectivity. • Where closed motor courts or dead-end streets are unavoidable, a walkway or bike path shall be provided to connect through to the overall circulation network. • Homes are properly oriented towards streets and plazas and will have windows watching over parks, streets and trails. • Architecture will be attractive and supportive of life on the streets, parks and the school. • Public buildings, parks and common destinations are properly placed to maximize the number of people that can walk to them. • • The majority of people can walk safely and comfortably to the elementary school. There are no large off-street parking lots along the street network. The project provides mobility options for those who cannot drive. • The project has a well-connected sidewalk and trail system that leads to local destinations. I SPECIFIC PLAN November 2017 4-5 CIRCULATION 4 Street sidewalks are generous at 6' minimum width. • Some sidewalks are at 7' width to allow small children to more safely bike on the sidewalk rather than in the street. • Sidewalks are typically separated from curbs with parkways along the main arterials. • All street corners will have accessibility ramps. • Parkways offer street trees for shade and visual comfort. • Curb extensions prevent motorists from parking too close to corners. • The project connects to a larger trail system for walking and biking. • Decorative, pedestrian height street lights will be provided. • Buildings will address the street (front doors). • Visibility at intersections will be adequate for pedestrian safety. • Speed limit on local streets will be 25mph or below. • Project will contain design elements to calm traffic such as narrow lanes, roundabouts, special pavement in key areas, and raised pedestrian street crossings. • Street sidewalk gradients are typically below 5% slope to accommodate people with disabilities. • Key walkways and sidewalks have high transparency (surveillance ability). • The school, parks and other destinations will have adequate and secure bicycle parking. The majority of people can walk safely and comfortably in five minutes to a public gathering place such as park, plaza or community center. The Circulation Plan -Pedestrian/ Bicycle, FIGURE 4 2 ( FACING PAGE) , notes the locations of the four different levels of pedestrian circulation. Along the Western Bypass and on the south east edge of the community runs an 8 foot wide Class 1 Bike Way. Throughout the site run various 5 foot wide hiking trails and 8 foot wide key pedestrian walkways. Along the interior streets are 6 -foot minimum wide sidewalks (7' wide typical along Altair Vista) for ease of pedestrian circulation. This network satisfies a diverse set of needs, from the person who wants a direct and convenient walk to a certain destination, to the family enjoying a short walk with a stroller or small children, or a weekend athlete running a large loop. November 2017 SPECIFIC PLANER 4 CIRCULATION LEGEND CLASS 1 BIKEWAY (8' WIDTH) KEY WALKWAY (8' MIN. WIDTH) • • • • HIKING TRAIL (5' MIN. WIDTH) SIDEWALKS (6' MIN WIDTH) • MID BLOCK CROSSING O CONNECTION POINT TO W.B.C. CLASS 1 BIKEWAY ■LJ/� SPECIFIC PLAN November 2017 0 300' 600' 12 CIRCULATION 4 bre 4-3 ChM 1 Biky Section 4.1.2.1 Class 1 Bikeways A Class 1 Bikeway, FIGURE 4-3, will span the entire length of the community following the Western Bypass. At the southeast end of the Western Bypass the class 1 bikeway will also turn back north to connect with First Street. The bikeway is an 8' wide asphalt path with two 4' wide lanes, one for either direction of travel. There is a 2 foot clear zone shoulder on the outside of each lane. The uphill side will also incorporate a 3' vegetated swale (or cobble swale over concrete). Guidelines for a class 1 bike way require a 2% to 5% sustained gradient (and maximum of 12.5% gradient for 10' with landings - railings not required). Typical cross slope shall be 2%. Gaps on surface shall not to exceed %". Clearances shall be 10' vertical and 2' horizontal. November 2017 SPECIFIC PLAN 4 CIRCULATION Figure 4-4 Key Walkway Section 4.1.2.2 Key Walkways The key pedestrian walkways, FIGURE 4 -4, can be found in the core of the community connecting the different villages and open spaces. These walkways provide a pedestrian network allowing users to move about the community while staying away from the main vehicular circulation. All key pedestrian walkways are 8 foot wide minimum. PARKING 3' BAND OF TRUNCATED DOM LANE MARKINGS -4 RAPID FLASHING BEACONS • PARKING �� -- RAISED CROSSWALK DECORATIVE PAVEMENT t Mid -Block Crossing %IAM SPECIFIC PLAN November 2017 CIRCULATION 4 12 SETBACK VARIES i SEE ARCHITECTURAL GUIDELINES Figure 4-6 TypicarVillage Sidewalk Section 4.1.2.3 Sidewalks and Mews Sidewalks, FIGURE 4-6, will be located on each side of Altair Vista connecting the different villages and parks, and on A Street. Sidewalks shall be a minimum of 6' wide (7' wide along portions of Altair Vista, to allow small children to ride on the sidewalk). (See Vehicular Circulation section for street -specific sidewalk configurations.) There are no requirements for separate sidewalks at alleys, motor courts and streets that are internal to lots at Altair, unless the streets frame parks or are designated to have sidewalks in other sections of this Plan. These are shared streets, or mews, where pedestrians and cyclists have priority over automobiles and where speeds are limited to a walking pace. Mews feature enhanced paving across the entire surface and no curbs. See Section 4.2.3 and the description for Alley Street Type for a further explanation of how motorized and non -motorized traffic co- exist on internal streets. Nowmber2017 SPECIFIC PLAN FI 4 CIRCULATION Figure 4-7 4.1.2.4 Hiking Trails The main hiking trail, FIGURE 4-7, runs along the eastern slope of the community connecting many points of interest. Starting at the school site to the north and running along the 1st Street extension road into the main park, it splits to continue down to 1st Street and switches back to connect to Main Street. While the main portion of the trail continues along the eastern slope, other shorter segments of trails provide pedestrian connections to the different villages. The trail is 5' wide, stabilized, decomposed granite with a 2' wide bench an either side. The uphill side will have a 3' wide vegetated swale (or cobble swale over concrete.) Outdoor recreation access routes (ORAR) utilizes the following guidelines for trails and are adopted for Altair: 5% maximum for any distance (no rest interval required.) 5.1%-8.33% up to 200' maximum (rest interval required every 200'). 8.34%-10% up to 30' maximum (rest interval required every 30'.) 10%-12% for 10' maximum (rest interval required every 10'). Rest intervals shall be 60" minimum length and same width as trail. Salvaged boulders from grading operations should be used along open space trails for visual interest and to create overlooks and rest areas. I. SPECIFIC PLAN November 2017 CIRCULATION 4 110 4.1.3 Bike Routes The circulation network recognizes that bicycling includes a wide range of cycling skills and speeds. A cyclist could be a commuter going to and from work, a small child just learning or someone out for a Saturday ride. The Temecula region is also home to an active road racing community always looking for new training routes. The Temecula Valley Century charity ride has historically gone by the Altair site. The annual Tour de Murrieta incorporates the ridgeline portion of Rancho California Road. In 2013, the Tour of California, an international professional cycling race, visited the area with the start and finish of Stage 1 in Escondido and Stage 2 beginning in Murrieta. These various cycling levels require different bikeway types. Sidewalks along Altair Vista are widened to 7 feet to allow small children to ride on the sidewalk instead of the street. Two Class 1 Bikeways, one paralleling the Bypass and another connecting to First Street, can be used by leisurely riders and children and are wide enough for cyclists to pass pedestrians. In addition, all roads in the Altair community are to have either shared or dedicated bike lanes, except for the Western Bypass. Shared lanes are indicated with "sharrows" painted on the road to inform bicyclists and to alert motorists that the lane is to be shared. Ample bike racks throughout the community, especially at parks, recreation centers and the school further encourage cycling. November 2017 SPECIFIC PLAN 4 CIRCULATION LEGEND CLASS I BIKEWAY PROPOSED CLASS I BIKEWAY CLASS II BIKEWAY PROPOSED CLASS II BIKEWAY 1111.11111111111111111s; Existing and Proposed =INN SPECIFIC PLAN November 2017 4-13 ICIRCULATION 4 4.1.4 Pedestrian Bridges Pedestrian bridges will be utilized when necessary to connect trail segments over drainage draws. While the site may feature bridges of various scales, all pedestrian bridges will match the modern rustic motif of the Altair community. November 2017 SPECIFIC PLAN FII 4.1.5 Connection to OId Town 4 CIRCULATION A significant element of the pedestrian circulation plan is the linkage to OId Town Temecula via Main Street. This connection serves as circulation, community gateway and public open space, and is formed by four major links along the axis with Main Street leading to the central park and plaza in Village C. There is a substantial grade change between the park and the west end of Main Street. Much of this grade is reconciled by the first link: a sloped and meandering, accessible path leading out of the park and under the monumental bridge to Coromell Trail. The next component crosses Coromell Trail with a raised crosswalk, median and flashing warning lights to ensure pedestrian safety and priority over vehicles, as shown in FIGURE 4 - 9. East of Coromell Trail, a grand staircase welcomes visitors from Old Town. The stairs are complemented by an accessible path that stretches to either side of the staircase. This path will be enjoyed by all and is intended to be integral to the composition, not a tacked on necessity. The path slope will be gradual enough to avoid the requirement for railings that are visually confining. Both the stairs and path are broken up into manageable portions interspersed with shaded areas to sit and enjoy the view. Secondary stairs also connect the switchbacks periodically, so that a walker has the option to shorten their path. The design satisfies a variety of moods - a slow stroll along the full length of the path, with areas to stop and enjoy the scenery, a shorter amble along the path via intermediate steps, a direct route on the grand staircase, or merely sitting on one of the break-out landings of the stair to meet a friend or watch people pass by. The arrangement of curved steps, angular paths and segmented stone retaining walls creates a beautiful monumental entry to Altair and proclaims the importance of pedestrians to the community. =1/1 SPECIFIC PLA`: November 2017 4-15 CIRCULATION 4 LANE RAPID F BEACONS DECORATIVE PAVEMENT 1 Figure 4-9 Crossing at coroMIMPIr The visual axis with Main Street is reinforced by the offset stair segments that lead the traveler off and then back onto the axis at critical junctures, such as view platforms and seating areas. These gathering spaces are embraced by the broad arcs of the stair flights. Ornamental landscaping in color blocks between retaining walls further enhances the scheme, evoking stepped gardens that one passes between. Final design of these elements should ensure safety, discourage vandalism and damage from skateboards and employ durable, classic materials. The grand staircase is designed to be a focal public space to meet friends or relax - an event, rather than just a means of travel. Novemb.r 2017 SPECIFIC PLANF7% 4 CIRCULATION The fourth link is the off-site courtyard at the west end of Main Street. A concept for improvements to this now dead-end street is shown in FIGURE 4-10, but the final plans will come about through public dialogue and should be coordinated with the stair and path design to produce a cohesive space. 11111111.MIL Conceptual Plan at Grand Stair CONCEPTUAL PLAN ONLY: ACTUAL DESIGN MAY VARY. SPECIFIC PLAN November 2017 4-1? CIRCULATION 4 November 2017 On Site Circulation OH Site Circulation SPECIFIC PL4NR/ 4.2 Circulation Plan - Vehicular 4 CIRCULATION The vehicular circulation system facilitates resident mobility; access to the school and to parks by non-residents; and through traffic on the Western Bypass. The circulation pattern is fairly simple and is guided by grading constraints and connections to the existing off-site network. FIGURE 4-11 depicts the vehicular entries of Altair. Main connections are at Vincent Moraga Drive on the north, First Street on the east, and Temecula Parkway (SR -79) to the south. The Western Bypass makes the north and south connections and is the largest street section, but it does not provide internal circulation for the Altair community. The Western Bypass links Temecula Parkway to Rancho California Road. It is primarily a public benefit to allow through - traffic to bypass Old Town and relieve congestion. Intersections with the Western Bypass are therefore, limited. It will be a scenic bypass due to its elevation above the City, with easterly views over the proposed development to mountains and valleys beyond. Views to the west will be into the natural hillside of the MSCHP wildlife corridor and dedicated open space. A split -lane configuration with landscaped median enhances the parkway character of the Western Bypass. Coromell Trail connects to the off-site street grid at First Street on the east side of the site. Due to slope limitations, Coromell Trail circumnavigates Village C and intersects with Altair Vista at a roundabout near the school. The Western Bypass, the round -about between First Street and Coromell Trail, and the portion of Altair Vista between the Bypass and Coromell Trail are public streets. All other streets in the Altair site are private. Altair Vista is a north -south spine through Altair that links the Villages. It is the main circulation element serving the residents of Altair, but is not intended as a through -way. A number of traffic calming measures are implemented to slow traffic on Altair Vista, including narrow lanes, street parking on one side (which should alternate sides) and frequent stops. Potential traffic congestion due to the slowing of Altair Vista will be aleviated by the parallel Western Bypass with its faster speeds. The cross section of Altair Vista varies depending on its location and the character of each Village: sometimes more urban, sometimes a couplet framing a park. It is generally framed by a tree -lined parkway and wide sidewalks. With the exception of Streets A, B and C, all remaining automotive access will be provided as part of individual development projects. These will be predominantly alleys and private drives running perpendicular to Altair Vista. These should be very intimate, in contrast with the formality of Altair Vista, with enhanced paving in lieu of raised sidewalks and no minimum setbacks. The character of these passageways is reflective of a mews, where pedestrians, bicycles and cars share the roadway. • I SPECIFIC PLAN November 2017 CIRCULATION 4 4.2.1 Roundabouts and Couplets Roundabouts are used at Altair to slow and coordinate traffic without the idling, stacked automobiles that occur at signalized intersections. In some cases, such as the entrance from First Street and at the Community Center, roundabouts are installed at important locations in the project where drivers should be more aware of their surroundings. The centers of roundabouts are prime opportunities for special landscaping and public art, as discussed further in Sect -ion 9.9. Couplets are pairs of one-way streets that are separated by more than just a median. They facilitate safe crosswalks because the pedestrian only has to look one way and has a narrower street to cross. Couplets are used at Altair to frame the park at Village D. and are strongly encouraged around greens at Villages A and B. See FIGURE 4-25 and FIGURE 4-26 for an example of the Altair Vista couplet at Village D. November 2017 SPECIFIC PLAN♦!N • CIRCULATION 4.2.2 Internal Streets Alleys, motor courts and streets that are internal to lots at Altair are shared streets where pedestrians and cyclists have priority over automobiles and where speeds are limited to a walking pace. These are referred to as "mews" or "home zones" in Britain and as "woonerven" in the Netherlands. They have been shown to be safer than streets having separate sidewalks because drivers are forced to be more aware of pedestrians. They also become social spaces that are more intimate than parks but more interactive than a private yard, serving as a transition between public and private space. Mews feature enhanced paving across the entire surface, no curbs, landscaping and smaller pockets of parking that do not form a roadway edge or barrier. Drainage can occur through a central gutter or, preferably, through pervious pavement or to a landscaped area. See also the description for the Alley street type. =FA SPECIFIC PLAN November 2017 4-2t CIRCULATION 4 4.2.3 The Vehicular Circulation Plan FIGURE 4-12 notes the locations of the eleven different types of street sections and three roundabouts. Site specific conditions such as additional turn pocket lanes at intersections shall be determined by the traffic study and shall be designed per the Tentative Map. Specific roads (listed from widest to narrowest) shall be constructed as: The Western Bypass Corridor 1- Standard Section - 100' R.O.W. The Western Bypass Corridor 2 - Split Section - 100' R.O.W. C Street and B Street South - Local Street (Modified) - 60' R.O.W. Coromell Trail (Public) - Split Lanes, Separate Trail, with no Parking- 58' P.U.A.E. Altair Vista & A Street - Landscaped Parkways with Parking one side -56' P.U.A.E. Altar Vista & A Street - Urban Parkways with Parking one side - 56' P.U.A.E. Altar Vista - One-way Street with Parking one side - 45' P.U.A.E. Altar Vista - Public - 70' to 83' R.O.W. Altair Vista Culvert / A Street Bridge - 48' R.Q.W. B Street North - 46' to 50' P.U.A.E. Alley Private streets are shown with Public Utility and Access Easements (P.U.A.E.'s) to allow for utility infrastructure. The utilities will primarily be located under sidewalks, with utility boxes or vaults located in the parkway. See Figure 9.13. Above -grade utility boxes and devices shall be screened with landscaping (with required clearances) and irrigation control valves shall be located in parkways or residential setbacks (if HOA maintained). See Section 9.5 for utility placement and screening guidelines. November 2017 SPECIFIC PLAN• ALTAIR VISTA WESTERN BYPASS C STREET B STREET NORTH B STREETS UTH N •"12 =1/111 SPECIFIC PLAN 4 CIRCULATION I LEGEND i STREET SECTION- WESTERN BYPASS CORFUCOR 1 "BLOC) STREET sECTKYI • WESTERN BYPASS COARDOH 2 (PUBUC) STT SECTION • C STENT & B SrTvtr S. (PUBLIC; STREET SECTION • COROI.HL TRAL SPLIT (PRIVATE) • • • STT SECTK7N - COROFABI TRAIL (PFINATE STREET SECTION - ALTAIR VETA 8 A STFIEET PLANTED PARKWAYS (PRIVATE - STREET SECTION - ALTAR VEA 8 A STREET, URBAN PARKWAYS (PRIVATE) STREET SECTION • ALTAIR VISTA ONE WAY WITH PAPIK143 ONE SIDE (PRIVATE) STREET SEDT ON • ALTAIR VISTA PUBLIC) STREET SECTION - ALTAIR VISTA CULVERT I A STREET BRUME STREET SECTION - B STREET N. wlTi CLASS 1 BYE TRAIL (PRIvATE STREET SECTION - B S [Fitt i N WITH SHARED BKE :AuE (PRIVATE TRANS( TONAL AMAMI TENTATIVE MAP FIOLI DABO UT - 1 • ROUNDABOUT 2 Rauu - ABOur - 3 ROUN:ABOUT - 4 VehicuirrircuRilin FWD November 2017 CIRCULATION 4 Western Bypass Corridor )Public) Stn -Initsgsmjimigo. CotWor 1 (Pum TTM Tots D, N UMW of J ) The Western BypafCorridor 1, FIGURE 4-13 (Section), running along the western perimeter of the developed portion of Altair. • 12 -foot travel lanes. • 7 -foot shoulder running in either direction. • 14 -foot landscaped median separates the different directional lanes of travel and is planted with native trees, shrubs, and ground cover. • 8 -foot wide class I bikeway runs alongside the Western Bypass separated by a parkway with similar planting to the median. • Trees for both the parkways and the median shall be clustered and spaced 15 feet to 100 feet apart with an average count of 40 foot on center. Trees shall be a minimum of 50% 15 gallon size, 45% 24" box, and 5% 36" box. �ar ROW VARIES , 3' , i7 6 3 , BIKEWAY Figure 4-14 Street Section - Western Bypass Corridor 2 ( Public, TTM lot L ). 4 41111 November 2017 SPECIFIC PLAN r7 4 CIRCULATION The Western Bypass Corridor The design intent is to create a very natural/SoCal native landscape character for this street type. Trees shall be clustered to provide a dynamic experience of openness and enclosure as well as to enhance scenic views. These areas shall use a combination of primarily SoCaI native trees, shrubs, and groundcovers in natural organic patterns with limited non-native shrubs and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 85% of the total planting area of this zone and non -natives a maximum of 15%. Low water use plants shall compose a minimum of 90% of the total planting area of this zone and medium water use plants a maximum of 10%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Turf is not allowed in parkways or median. (Bioswales are considered a separate landscape area type and therefore have their own category description and plant list.) - REFER TO THE CIRCULATION SECTION FOR ADDITIONAL INFO MAI ION. - REFER TO THE APPENDIX FOR PLANT LIST. Figure 4-15 Street Axon - Western Bypass Corridor 2 ( Public ) The Western Bypass Corridor 2, FIGURE 4-14 (Section) and FIGURE 4-15 (Axonometric), running along the western perimeter of the developed portion of Altair, • Two 12 -foot travel lanes and a 7 -foot shoulder running in either direction. • 22 -foot landscaped median separates the different directional lanes of travel and is planted with native trees, shrubs, and ground cover. • 8 -foot wide class I bikeway runs alongside the Western Bypass lower in elevation and separated by a parkway with similar planting to the median. • Trees for both the parkways and the median shall be clustered and spaced 15 feet to 100 feet apart with an average count of 40 foot on center. Trees shall be a minimum of 50% 15 gallon size, 45% 24" box, and 5% 36" box SPECIFIC PLAN November 2017 CIRCULATION 4 C Street & B Street South -16 Street Section - C Street (TTM lots D+ E) & B Street South (bts B,C+F) (.R CStreet and B Street South - 60' ROW , Fic;uRF 4-16 (Section) and FIGURE 4-17 (Axonometric)_ Features: • Two 12 -foot travel lanes with 6 -foot wide bike lanes each side. • Parking along one side. • 5 -foot contiguous sidewalks along both sides. • 3 -foot landscaped parkways. • Decorative street lights will be located based on safety and comfort. • Dedicated bike lanes shall be provided. • Street trees shall be spaced at 24 feet on center. Trees shall be a minimum of 100% 24" box size. November 2017 SPECIFIC PAN 4 CIRCULATION Figure 4-17 Street Axon - C Street & B Street South (Public) C Street and B Street South These areas shall use a combination of primarily SoCal natives with limited non-native shrubs and groundcovers. SoCaI native shrubs and groundcovers shall compose a minimum of 85% of the total planting area of this zone and non -natives a maximum of 15%. Low water use plants shall compose a minimum of 90% of the total planting area of this zone and medium water use plants a maximum of 10%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Turf is not allowed in parkways. (Bioswales are considered a separate landscape area type and therefore have their own category description and plant list.) -REFER TO THE CIRCULATION SECTION FOR ADDITIONAL INFORMATION. -REFER TO THE APPENDIX FOR PLANT LIST. /NSPECIFIC PLAN November 2017 CIRCULATION 4 Coror_ell.Trail Lure_ 4-18 Str+ Section - QUIIIIIPtraillr Split Lanes ( Private, TTM lot G) Split Lanes (portion of street), Separate Trail with no Parking - 40' to 58' Easement, FIGURE 4-18 and FIGURE 4-19 (Sections), FIGURE 4-20 (Axonometric) Features: • Two 12 -foot travel lanes. • Split lane portion features 14 -foot travel lane and 6 -foot bike lane each side, separated by a landscaped median. • While there are no sidewalks along this street type, there will be a 5 foot wide hiking trail alongside higher in elevation. Rolled curbs are included for ease of emergency vehicle access. • Decorative street lights will be located based on safety and comfort. Native street trees and various shrubs, grasses, and ground covers will be planted in the median and along the sides of the road on the slopes. Trees for both the parkways and the median shall be clustered and spaced 15 feet to 100 feet apart with an average count of 40 foot on center. Trees shall be a minimum of 50% 15 gallon size, 45% 24" box, and 5% 36" box. Trees shall be a minimum of 50% 15 gallon size, 45% 24" box, and 5% 36" box. Dedicated bike lanes shall be provided when road width allows. 4-28 November 2017 SPECIFIC _aN 4 CIRCULATION Figure 4-20 Street Axon - Coromell Trail - Split Lanes ( Private ) Coromell Trail - Split Lanes, Separate Trail, no Parking The design intent is to create a very natural/ SoCal native landscape character for this street type. Trees shall be clustered to provide a dynamic experience of openness and enclosure as well as to enhance scenic views. These areas shall use a combination of primarily SoCal native trees, shrubs, and groundcovers in natural organic patterns with limited non-native shrubs and groundcovers. SoCaI native shrubs and groundcovers shall compose a minimum of 85% of the total planting area of this zone and non -natives a maximum of 15%. Low water use plants shall compose a minimum of 90% of the total planting area of this zone and medium water use plants a maximum of 10%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Turf is not allowed in parkways. (Bioswales are considered a separate landscape area type and therefore have their own category description and plant list.) — REFER TO THE CIRCULATION SECTION FOR ADDITIONAL INFORMATION. — REFER TO THE APPENDIX FOR PLANT LIST. SPECIFIC PLAN November 2017 CIRCULATION 4 Altair Vista ..4-21 Street Section - Altair Vista - Planted Parkways (Private, TTM lot K) Altair Vista— Landscaped Parkways with Parking one side , FIGURE 4-21 (Section) and FIGURE 4-22 (Axonometric) Features: • Two 12 -foot travel lanes with an 8 -foot parking lane on one side. Each side has a 5 -foot landscaped parkway and 7 -foot sidewalk. • On the parking side, there are breaks in the landscaped parkway with concrete pads allowing pedestrians to exit their parked vehicle. • Decorative street lights will be located based on safety and comfort. Shared bike lanes shall be indicated by "sharrows" painted in the travel lanes. Street trees shall be spaced 24 feet on center. • Street trees at every 24 feet provide shade. Trees shall be a minimum of 100% 24" box size. November 2017 SPECIFIC PLAN 4 CIRCULATION Figure 4-22 Street Axon - Altair Vista - Planted Parkways Altair Vista - Landscaped Parkways with Parking one side It is intended that the urbanized Village streets use a combination of SoCaI native and non-native trees, shrubs and groundcovers. Although the plant species will be the same or similar to the natural areas, this street type shall be designed in more defined patterns (such as blocks of matching plant material, interesting angles, or geometric patterns) rather than natural organic patterns. These areas shall use a combination of SoCal native and non-native shrubs and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Turf is not allowed in parkways. (Bioswales are considered a separate landscape area type and therefore have their own category description and plant list.) - REFER TO THE CIRCULATION SECTION FOR ADDITIONAL INFORMATION. - REFER TO THE APPENDIX FOR PLANT LIST. SPECIFIC PLAN November 2017 4-31 CIRCULATION 4 Inh'-'il a^tion - Altair Vista (TTM lot F) & A Street ( lot 1) - Urban Parkways ( Private ) Altair Vista & A Street A it Vista and AStreet- Urban Parkways with Parking one side FIGURE 4-23 (Section) and FIGURE 4-24 (Axonometric) Features: • Two 12 -foot travel lanes with an 8 foot parking lane on one side. Each side has a 5 -foot decorative hardscaped parkway and 7 -foot sidewalk. This streetscape is found in the main Village nodes and high pedestrian use areas. • The hardscape parkway provides a larger walkable area for pedestrians and a zone for benches, potted plants, and decorative paving such as brick, granite cobbles, or concrete unit pavers. • Decorative street lights will be located based on safety and comfort. Shared bike lanes shall be indicated by "sharrows" painted in the travel lanes. • Street trees at every 24 feet provide shade and may be in planting beds or with tree grates. Trees shall be a minimum of 100% 24" box size. 4-32 November 2017 SPECIFIC PLAN 4 CIRCULATION —S114Et1 LICI-t 1HF L. PJN FE R '•''.'iTH P,_/"\1\,111.11,, OR l i;'t '' d.Aa f) i'll<I- ! ANE Figure 4-24 Street Axon - Altair Vista & A Street - Urban Parkways Altair Vista and A Street - Urban Parkways with Parking one side It is intended that the urbanized Village streets use a combination of SoCal native and non-native trees, shrubs and groundcovers. Although the plant species will be the same or similar to the natural areas, this street type shall be designed in more defined patterns (such as blocks of matching plant material, interesting angles, or geometric patterns) rather than natural organic patterns. These areas shall use a combination of SoCal native and non-native shrubs and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Turf is not allowed in parkways. (Bioswales are considered a separate landscape area type and therefore have their own category description and plant list.) —REFER TO THE CIRCULATION SECTION FOR ADDITIONAL INFORMATION. —REFER TO THE APPENDIX FOR PLANT LIST. SPECIFIC PLAN November 2017 CIRCULATION 4 Altair Vista - One Way egu - Section - Altair Vista One Way (Private, TTM lot K ) AltairViste- One-WaaStreet with Parkin/Lone side, FIGURE 4-25 (Section) and FIGURE 4-26(Axonometric) Features: 20 -foot travel lane with an 8 -foot parking lane on the developed side. The developed side also has a 5 -foot hardscaped parkway and 7 -foot sidewalk. This streetscape type is found around the Village "A", "B" and "D" parks with a 5 -foot landscaped parkway around the park side. The hardscape parkway provides a larger walkable area for pedestrians and a zone for benches, potted plants, and decorative paving such as brick, granite cobbles, or concrete unit pavers. Decorative street lights will be located based on safety and comfort. Shared bike lanes shall be indicated by "sharrows" painted in the travel lanes. Street trees at every 24 feet provide shade and may be in planting beds or with tree grates. Trees shall be a minimum of 100% 24" box size. Nowmb.r2017 SPECIFIC PLANFII 4 CIRCULATION -SCORED CONC Rt 117 - : REE PLANTER WITH PLANTING OR G POTT5BENCH RAM S �BENCN pure 4-26 Street Axon - Altair Vista One Way Street with Parking One Side Altair Vista - One-way Street with Parking one side It is intended that the urbanized Village streets use a combination of SoCal native and non-native trees, shrubs and groundcovers. Although the plant species will be the same or similar to the natural areas, this street type shall be designed in more defined patterns (such as blocks of matching plant material, interesting angles, or geometric patterns) rather than natural organic patterns. These areas shall use a combination of SoCal native and non-native shrubs and groundcovers. SoCaI native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Turf is not allowed in parkways. (Bioswales are considered a separate landscape area type and therefore have their own category description and plant list.) - REFER TO THE CIRCULATION SECTION FOR ADDITIONAL INFORMATION. - REFER TO THE APPENDIX FOR PLANT LIST. SPECIFIC PLAN November 2017 CIRCULATION 4 Altair Vista (Public) Vista ( Public, TTM Tots C and E ) Altair Vista (Public) - Solit Lanes with no Parkins, FIGURE 4-27 (Section) and FIGURE 4-28 (Axonometric) Features: • Split lane design with 14-27 foot (varies) travel lane and 6 -foot wide bike lane each side, separated by a landscaped median. • This streetscape type is found northeast of the proposed school site, between Coromell Trail and the Western Bypass and will be the main route to the school. • The southwest (school) side features a contiguous 6 -foot sidewalk with a landscaped parkway against the right-of-way line. • The opposite side features a 5 -foot landscaped parkway between the curb and a 6 -foot sidewalk. • Street trees at every 24 feet provide shade. Trees shall be a minimum of 100% 24" box size. • Decorative street lights will be located based on safety and comfort. • Dedicated bike lanes shall be provided. November 2017 SPECIFIC PLAN 4 CIRCULATION O 1'. 70 R.0.W DEDCATED BIKE LA.PJE Figure 4-28 Street Axon - Altair Vista ( Public ) Altair Vista (Public) It is intended that the urbanized Village streets use a combination of SoCal native and non-native trees, shrubs and groundcovers. Although the plant species will be the same or similar to the natural areas, this street type shall be designed in more defined patterns (such as blocks of matching plant material, interesting angles, or geometric patterns) rather than natural organic patterns. These areas shall use a combination of SoCal native and non-native shrubs and groundcovers. SOCaI native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Turf is not allowed in parkways or median. (Bioswales are considered a separate landscape area type and therefore have their own category description and plant list.) -REFER TO THE CIRCULATION SECTION FOR ADDITIONAL INFORMATION. - REFER TO THE APPENDIX FOR PLANT LIST. 7T�SPECIFIC PLAN November 2017 CIRCULATION 4 Altair Vista Culverts & A Street Bridge PUBLIC UTILITY & Aft -PCS EASEMENT R. R. Ite 4-29 erection - Altair Vista Culverts & A Street Bridge ( Private) Altair Vista &A Street (Bridge/ Culvert Locations), FIGURE 4-29 (Section) and FIGURE 4-30 (Axonometric) Features. • Two 12 -foot travel lanes and 7 -foot sidewalks with 5 feet of bridge treatment. Since this type of streetscape is found at the bridges (or faux bridges) there is no parking and no landscaped parkway. • Decorative street lights will be located based on safety and comfort. Shared bike lanes shall be indicated by "sharrows" painted in the travel lanes. • Shared bike lanes shall be indicated by "sharrows" painted in the travel lanes. November 2017 SPECIFIC PLAN 4 CIRCULATION Figure 4-30 Street Axon - Altair Vista Culvert and A Street Bridge Contiguous Sidewalks with no Parking These areas do not have landscaping since they are bridges or faux bridges (culverts.► SPECIFIC PLAN November 2017 CIRCULATION 4 B Street North 10' PKWAY 46` PUBLIC UTILITY & ACCESS EASEMENT Section - B Street North ( Private, portion of TTM lot L ) EXISTING GRADE 36568 Eun d_i� greet Section - B Street North with Class 1 Bikeway ( Private, TTM Tots L and M) BStreet North (Private) Landscaped Parkways with no Parking, FIGURE 4-31 (Section), FIGURE 4-32 (Section ),and FIGURE 4-33 (Axonometric), features: Two 12 -foot travel lanes and no parking. The side adjacent the retaining wall features a 10 -foot heavily planted parkway to screen the wall. The other side has a 5 -foot landscaped parkway and either an 8 -foot class I bikeway or key walkway, depending on the portion of the street. • This streetscape is found at the south entry to the community off the Western Bypass road. • Decorative street lights will be located based on safety and comfort. • Shared bike lanes shall be indicated by "sharrows" painted in the travel lanes. • Street trees shall be spaced 15 feet to 100 feet apart with an average count of 40 feet on center. Trees shall be a minimum of 50% 15 gallon size, 45% 24" box, and 5% 36" box. 4-40 November 2017 SPECIFIC PLAN f7L 4 CIRCULATION w^. 46' `-SHARED BIKE LANE 11111.1.11.1111161 Axon - B Street North ( Private _ MEN a B Street North (Private) - Landscaped Parkways with no Parking The design intent is to create a very natural/ SoCal native landscape character for this street type. Trees shall be clustered to provide a dynamic experience of openness and enclosure as well as to enhance scenic views. These areas shall use a combination of primarily SoCal native trees, shrubs, and groundcovers in natural organic patterns with limited non-native shrubs and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 85% of the total planting area of this zone and non -natives a maximum of 15%. Low water use plants shall compose a minimum of 90% of the total planting area of this zone and medium water use plants a maximum of 10%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Turf is not allowed in parkways. (Bioswales are considered a separate landscape area type and therefore have their own category description and plant list.) There is a considerable grade change to the west of this street section. See Section 9.7 for standards for slopes and retaining walls, including allowances for stepped walls or taller segmental walls where necessary at steep slopes. -REFER TO THE CIRCULATION SECTION FOR ADDITIONAL INFORMATION. -REFER TO THE APPENDIX FOR PLANT LIST. ll�ii SPECIFIC PLAN November 2017 ICIRCULATION 4 Alley Street Type 11111111116. 11111111•11110) Alley Street Typ FIGURE 4-34 (Section) This street type is found in interior developments only and is not part of the primary circulation plan. Features: One 24 -foot drive aisle • No minimum set back; dimension from alley to face of building varies • No sidewalks are required. Drive aisle is also the pedestrian route. • Provide landscaping on one or both sides. Landscaping depth and location should vary so that drive aisle meanders. This slows traffic and creates a more intimate path. • Avoid dead-end alleys. Where a dead-end is necessary, provide adequate turn -around for a fire truck and continue pedestrian path through to connect with other paths. • Where appropriate, alleys should be widened to allow parking. 4-42 November 2017 SPECIFIC PLANP 4 CIRCULATION Figure 4-35 Typical Alley at Cottages at Harveston in Temecula Alley Street Type - 24' Width -SEE VILLAGE SECTION AND VILLAGE PLANT LISTS. j % SPECIFIC PLAN November 2017 5 GRADING PLAN 5.1 Grading Plan Description GRADING PLAN Al tAir The Grading Plan for the Altair Specific Plan is tailored to the existing topography of the project site. It is intended that the proposed grading plan be sensitive to and reflect natural landforms where possible. Site planning is carefully integrated with these landforms, so that the individual villages are distinguished and separated by topographical features as shown in Figure 5-1 Grading Plan. An earthwork quantity take -off conducted by the project engineer anticipates that the project site grading will approximately balance and will require minimal soil export. During the development of the project, the Master Developer may need to stockpile dirt on the Civic Site for an interim period. This would require a stockpile permit from the City. The Conceptual Grading Plan (Exhibit A for TTM No. 36959-1, 36959-2, 36959-3 and 36959) also accommodates a street system that meets the City of Temecula standards for acceptable grades. The associated Water Quality Management Plan, described in Section 6.1, establishes a basis for appropriate treatment of drainage requirements. The grading concept implements techniques to ensure that the overall shape, height, and grade of any cut or fill slope is designed to simulate the natural terrain and blend as much as possible with the adjacent natural open space. The plan proposes that graded slopes be revegetated and that drainage devices and erosion control facilities be constructed in accordance with project design objectives as well as City standards. Interim erosion control measures shall be provided during construction phases to address water quality regulations, Grading west of the Western Bypass Corridor shall not exceed a maximum slope ratio of 1.5:1. This will reduce amount of grading in the hillside areas. 5.2 Grading Plan Standards 1. All grading activities shall be in substantial conformance with the overall Grading Plan and shall implement any grading related mitigation measures outlined in the Preliminary Geotechnical Studies as contained in the Technical Appendices of the Environmental Impact Report (EIR). 2. Prior to any grading permits a soils report and geotechnical study shall be prepared to further analyze onsite soil conditions and slope stability. An erosion control plan and Water Quality Management Plan (WQMP) shall be prepared and approved. These documents shall include appropriate measures to control erosion and dust. 3. For erosion control purposes, slopes exceeding ten (10') feet in vertical height shall be hydro -mulched, prior to final acceptance and prior to the beginning of the rainy season (October - March). ' SPECIFIC PLAN November 2017 GRADING PLAN 5 4, All on-site grading shall be performed to the City of Temecula standards. 5. Graded slopes shall be oriented to minimize visual impacts (i.e., inclusion of complimentary slope plants) to surrounding areas, specifically areas adjacent to proposed structures, 6. Grading work shall be balanced on-site wherever possible. 7. Graded but undeveloped land shall be maintained weed free and planted with interim landscaping, such as hydro -seed, within ninety (90) days of completion of grading, unless building permits are obtained. 8. Unless otherwise approved by the City of Temecula, all cut and fill slopes shall be constructed at inclinations of no steeper than two (2) horizontal feet to one (1) vertical foot. The Grading Plan shall reflect a contouring and landscaping program for the purpose of controlling slope erosion. 9. Slopes in hillside areas shall not exceed a maximum ratio of 1.5:1. This ratio will reduce the amount of grading west of the Western Bypass Corridor, thus reducing potential impacts. All other slopes shall not be steeper than 2:1 unless approved by the Public Works Department and considered safe in a slope stability report prepared by a soils engineer or an engineering geologist. The slope stability report shall also contain recommendations for landscaping and erosion control. 10. Prior to commencing any grading activities, including clearing and grubbing, a grading permit shall be obtained from the City of Temecula. 11. A qualified archaeologist shall be consulted to ascertain the significance of any historic or prehistoric remains. 12. Soil stabilizers shall be used to control dust as required by SCAQMD Rule 403. 13. All grading activities shall comply with the mitigation measures as outlined in the Altair Final Environmental Impact Report. 14. Recycled water shall be utilized for all grading activities. November 2017 SPECIFIC PLANrI N O ffl}t% SPECIFIC PLAN November 2017 5 GRADING PLAN GRADING PLAN 5 TR 36959-1 LOT 2 PID GRADED BRM 1 r 7ERACE DRAM � 1RAcr ROJ840 TR 389562 LOT 23 7R 389563 LOT 20 a TR 38959.2 LOT 10 OPEN SPACE I J TR 360563 LOT 13 (CONSERVATION) OPEN SPACE 9ATLJ911 r ICERi5P1011 1 PJM 2j YAMSYAyI 5.0.5 WESTERN BYPASS CORRIDOR TR 36959-1 LOT 'B' 12. 95IER 9 r REctt1ID WArt 100 rasaK mac TRACE PUN i9a W 4R11CAL CRAP 17 TRRACE 19404 TR 36959-3 LOT 10 "y' ',.( PAD II 7 CRADED 9641/ 11 RE *$ RAIL (r95 PER SEPARATE 1701ST) R/R 15 x. 01rsD L E10STNC T CPADE vARES SECTION A•A pars WESTERN BYPASS CORRIDOR TR 369562 LOT "A" TR 35959.3 LOT TR 36959-1 LOT 5 TR 389562 LOT 24 TR 35959-3 LOT 19 Rn PARIES r21420 RAL PSI 1 (.ALRIANS 5V5 3r + �{ W ES • r R[c+atD 11014 SECTION K.K 015 TR 36959-3 LOT 'C' 'r 51REIT NORM / PRIVATE ACCESS * UITRJTT EASSENT 1 6' 7' ROW r. 1 r sou tr sou -f 1 Ei 10' sn•J 17 x IRAL RA TJ RIQMY TR 36959-3 LOT 13 OPEN SPACE w' ACCESS t nun R (ASEIEN5 j, TRACT 80019AP (991. TRACT 36568 SECTION 11-5 Nis PAD GRADED Bra TR 36939-2 LOT 1 TR 369662 LOT 12 TR 36959-3 LOT 10 Sections 111 November 2017 SPECIFIC PLANK CORNELL TRAM. h1 SECTION A -A —.c ecocc 94.1.00ar 5 GRADING PLAN EXHIBIT E - TRACT 36959 ALTAIR RETAINING WALL UWE fl .Diagram I SPECIFIC PLAN November 2017 5-5 INFRASTRUCTURE & UTILITIES ail ka; r 6 INFRASTRUCTURE AND UTILITIES The Altair Specific Plan project site is currently undeveloped land with only a few of the required public utilities located onsite. Proposed development within Altair will provide the necessary connections, extensions, and upgrades as required to serve Altair. As part of the Altair Specific Plan, associated public utility plans have been developed to identify these anticipated facilities. This section reviews the availability of public facilities to serve the Altair Specific Plan as well as the project demands based upon the type and intensity of land uses proposed. The information included in the following infrastructure and utility facilities plan sections is preliminary. The final location and size of all public facilities will be based upon final improvement plans prepared under the direction of a Registered Civil Engineer and based upon the review and approval of the agency with jurisdiction. 6.1 DRAINAGE 6.1.1 Project Description The project site is situated at the base of the Santa Rosa foothills on the westerly side of Temecula Valley. Under pre -project conditions, runoff from these foothills and the project site flows easterly across the project site and directly or indirectly into Murrieta Creek. The project will maintain storm runoff into Murrieta creek. The project proposes storm drainage system to collect and transport the 100 -year on- and off-site storm flows through the site as required by the City of Temecula. Murrieta Creek is a regional drainage facility and under the jurisdiction of Riverside County Flood Control & Water Conservation District (RCFC & WCD). The proposed drainage systems will include separate storm drain facilities (streets, curb and gutter, drainage ditches, drainage swales, inlets, catch basins, and pipe) to convey on-site and off-site (open space) runoff through the project to Murrieta Creek. This dual system will avoid commingling of runoff from the developed (on-site runoff) and non-developed (off-site runoff) areas of the project. The off-site runoff drainage system will collect and carry storm flows from the natural open space hillsides immediately west of the project, through the project site along the proposed Western Bypass, and into Murrieta Creek at two locations. The first location is near the northerly end of the project and the second location is near the southerly end of the project. The storm drain facilities used to convey the off-site runoff consists of catch basins, ditches, and storm drain pipes. • I•%SPECIFIC PLAN November 2017 6-1 INFRASTRUCTURE & UTILITIES 6 The on-site runoff drainage system will collect and treat surface runoff from the proposed development, before exiting the site. The treatment control best management practices (BMP) include desiltation basins and bioretention basins. Desiltation basins will collect and store sediment from several of the mass -graded pads. Biorention basins will treat storm water from the majority of the remaining graded areas as well as the proposed streets. In addition, the project includes some proposed perimeter slopes along its easterly boundary. The slopes will be landscaped and the runoff will flow directly off-site to existing drainage facilities. The runoff from these slopes is self -treating and does need to be directed to a BMP. The project runoff will discharge into Murrieta Creek at several locations along the easterly boundary. Some locations are at existing storm drain outfalls. In this situation, the proposed drainage system will connect to an existing system prior to reaching the creek. Other locations are new outfall locations into the creek. Each storm drain will be sized to convey its tributary 100 -year flow. 6.1.2 WQMP/NPDES The onsite drainage plan utilizes the project's streets, open channels, ditches and underground storm drains to convey storm water flows. To adequately control storm water quality, both point and non -point sources of urban pollutants must be identified and controlled. As required by the Regional Water Quality Control Board (RWQCB), the runoff from the proposed developed surfaces will be treated for water quality purposes. This treatment train will incorporate a variety of desiltation basins and bioretention facilities to reduce any potential water quality impacts on Murrieta Creek and the Santa Margarita River Watershed. See Figures 6-1 and 6-2. A Preliminary Water Quality Management Plan has been prepared that identifies the Best Management Practices (BMPs) for storm water treatment facilities, source control and site design. The Preliminary WQMP addresses the project specific constraints of the site and proposed treatment and filtration of storm water runoff. The project will also be required to comply with the NPDES General Construction Activity Storm Water Permit. This permit will be required prior to receipt of a grading permit from the City of Temecula and requires the submission of a Storm Water Pollution Prevention Plan (SWPPP) which will also identify proposed BMPs. The proposed onsite drainage and water quality system facilities located on privately held land will be privately owned and maintained by the proposed Home Owners Association (HOA), while portions of the system within a public R.O.W. will be maintained by the City of Temecula. All storm water and associated water quality facilities will be designed to comply with the City of Temecula and, where applicable, the Riverside County Flood Control and Water Conservation District requirements. November 2017 SPECIFIC PLANriI Figure 6-1 Typical Drainage Draw Plan i Drainage Draw Section SPECIFIC PLAN November 2017 6INFRASTRUCTUREI & UTILITIES 6-3 INFRASTRUCTURE & UTILITIES 6 EXHIBIT F - TRACT 36959 ALTAIR CONCEPTUAL STORM DRAIN PLAN MAY'3,P fit DOETVC E*ORY ORO. Ali ROVOCEP STORY DRAM UE RO.OE®CONCRETE G ANG., an November 2017 SPECIFIC PLANET 6.1.3 Drainage Plan Standards 6 INFRASTRUCTURE I 8 UTILITIES Drainage and flood control facilities and improvements shall be designed and constructed in accordance with the City of Temecula and, where applicable, Riverside County Flood Control and Water Conservation District requirements. 1. Major backbone drainage/flood control facilities shall be accepted and maintained by the Riverside County Flood Control and Water Conservation District. Local drainage devices, including inlets/catch basins and storm drains to be constructed within street rights-of- way will be maintained by the City of Temecula. Only those drainage easements serving inlets/outlets to facilities to be maintained by the City will be accepted by the City. Onsite easements will not be accepted for maintenance by the City. 2. All drainage facilities shall be designed to provide 100 -year protection. The 10 -year storm flow should be contained within the curb and the 100 -year storm flow should be contained within the street R.O.W. When either of these criteria is exceeded, additional drainage facilities will be installed. 3. Erosion control and Storm Water Pollution Prevention Plans (SWPPP) incorporating Best Management Practices (BMP) shall be prepared and implemented for the project grading and construction phases in accordance with the City of Temecula and San Diego Regional Water Quality Control Board and National Pollutant Discharge Elimination Systems (NPDES). All projects proposing construction activities including: clearing, grading, or excavation which results in the disturbance of at least five acres of total land area, or activities which are part of a larger common plan of development of five acres or greater, shall obtain the appropriate NPDES construction permit and pay the appropriate fees. All development within the Specific Plan boundaries shall be subject to future requirements adopted by the County of Riverside and the City of Temecula to implement the NPDES program. 4. A Preliminary Water Quality Management Plan (WQMP) shall be prepared under the Clean Water Act and the City of Temecula's Storm Water and Urban Runoff Management and Discharge Control Ordinance (Temecula Municipal Code Title 8.28). 5. The EIR mitigation measures, standard Conditions of Approval, and Project Design Guidelines shall be followed. I. SPECIFIC PLAN November 2017 6—S INFRASTRUCTURE 8 UTILITIES 6 i 6' CONC. CHANNEL • Cr. CMG o/N•F1 ANT M°4RAG ' /fl 24' Er 4E9 Cuifff EX CPC DWANEL £r Tr" .4 v3X EX s6• • 4OV1 EX. fi' ♦ ♦ CONC. CHANNEL • 4. i. / ti 44. 36. CHANNEL �r�L�Tai�+" �c 1 ,�•; NORTH PHASE TR 36959-1 24" a CONC. CNAMMEL Ex. 47' 24 24 24 Jo +e' etc 4e'� PUJOL STREET 1 36 - EM. +8' m CENTRAL PHASE TR 36959-2 November 2017 SPECIFIC PLANffl 6 INFRASTRUCTURE S UTILITIES 24" 6' CONC. 2 24' ARI '1 DL. 2 /. tx,N- "it /%/4, « 2:x. x. ! �4Y r B Aye,- EX. . R' Ex. 24' $i; CIVIC PHASE TR 36959 • / ism SPECIFIC PLAN E.. 36" EX. 36' Ex. 6' CONC. `tX J6' CMANNEL EX. 24' I._Ex. 42' PUJOLSTREET Ex 24 6' CONC. CHANNEL EX 6' COHC. CHANNEL SOUTH PHASE TR 36959-3 C STREET \.1:- :4 -r 36'' +e' November 2017 EXISTING STORM ORAIN LINE PROPOSED STORM DRAM UNE PROPOSED CONCRETE CHARM 6-7 INFRASTRUCTURE & UTILITIES 6 6-8 6.2 WATER 6.2.1 Water Description Domestic Water & Fire Service The proposed domestic water system is diagrammed in Figures 6-5 and 6-6. The Altair Specific Plan is located within the service area of the Rancho California Water District (RCWD). The project is located within the District's Rancho division and more specifically the 1305 Pressure Zone. The District's main source of domestic water is from the Metropolitan Water District's two existing San Diego Aqueduct pipelines Numbers 4 and 5. These pipelines traverse the southern end of the project site between the proposed Civic Site and Village G. The project's domestic water service can be broken down in three systems as follows: Backbone, Onsite (to be constructed by the subsequent merchant builders) and Offsite. Backbone The backbone public systems will be broken down into four Tracts as follows: Tract 36959-1 is located at the most northerly portion of the project and will connect to the existing 12 -inch main in Ridge Park Drive at the intersection of the proposed Western Bypass public ROW and Ridge Park Drive public ROW. A 12 -inch main will be brought on site within the Western Bypass public ROW to the intersection with Altair Vista public ROW and continuing in Altair Vista to the southerly Tract 36959-1 boundary. This portion of the proposed backbone system will provide domestic and fire service to Villages A and B. Tract 36959-2 is located in the north central portion of the project and will connect to the existing 24 -inch main in Pujol Street at First Street. A 12 -inch main will be brought on site in First Street ROW to the Coromell Trail public access and utility easement which shall loop through Coromell Trail public access and utility easement, A Street public access and utility easement and Altair Vista public access and utility easement and eventually terminate at the northerly Tract 36959-2 boundary. This portion of the proposed backbone system will provide domestic and fire service to Villages C North and South as well as the School Site and Park Site. Tract 36959-3 is located in the south central portion of the project and will connect to the existing 24 -inch transmission main in the Pujol Street ROW at the most southerly portion of Tract 36959- 3. A 12 -inch main will extend northwesterly in the proposed Western Bypass ROW to the park area (Open Space Lot 17 in said Tract) between Villages E and F. At this location the 12 -inch main will traverse the project northerly within the Altair Vista public access and utility easement to the northerly potion of said Tract 36959-3 and terminate. This portion of the proposed backbone system will provide domestic and fire service to Villages 'E', 'F' and 'D'. November 2017 SPECIFIC PLANrI \J< - h ‘‘• IC\ • •••••••":". * ‘.4 • • 6 INFRASTRUCTURE & UTILITIES EXHIBIT D - TRACT 36959 ALTAIR CONCEPTUAL WATER PLAN jN I ett ExpirrnOWOMPPC ExATWOMKTOSO w•Itlt PACPC3K0 DCANFIrIC WIVE* LPG' PIRCPCSED NEL-MED 'mak, L. PFKPOSED flWri101.7 kk 1 11 • •1 I 11 -r--_ 1/4 1 h 11 •• v • 1111111111111111 14111111M111111 SPECIFIC PLAN November 2017 6-9 INFRASTRUCTURE & UTILITIES 6 Tract 36959 is located at the most southerly end of the Altair Specific Plan and will connect to the existing 30 -inch transmission main within the proposed public ROW of 'C' Street and 'B' Street South in separate locations. This portion of the proposed backbone system will provide domestic and fire service to Village 'G' and the Civic Site. ffsite Offsite water main improvements would be limited to the following: For Tract 36959-1 an offsite connection is required within the existing Ridge Park Drive public ROW where the proposed Western Bypass public ROW intersects with Ridge Park Drive. This will be a 12 -inch connection to the existing 12 -inch domestic water line at that location. This offsite connection will provide domestic and fire service to Villages 'A' and 'B'. For Tract 36959-2 an offsite connection is required at the intersection of existing Pujol Street public ROW and First Street Public ROW. This will be a 12 -inch connection to the existing 12 - inch domestic water line at that location. A 12 -inch line will then extend up within the existing First Street public ROW to the proposed Coromell Trail public ROW. This offsite connection will provide domestic and fire service to Villages 'C' North and South as well as the School site and Park Site. For Tract 36959-3 an offsite connection is required at the intersect -ion of existing Pujol Street public ROW and the proposed Western Bypass public ROW. This will be a 12 -inch connection to the existing 12 -inch domestic water line at that location. This offsite connection will provide domestic and fire service to Villages 'E', 'F' and 'D'. For Tract 36959 two offsite connections will be required and will connect to the existing 30 -inch transmission main within the proposed 'C' Street and 'B' Street public ROW in separate locations. This offsite connection will provide domestic and fire service to Village 'G' and the Civic Site. Onsite Onsite water systems serving the various villages would be constructed by subsequent merchant builders and may become private systems. Final sizes, and systems will be determined at final engineering. November 2017 SPECIFIC PLAN r// 6 INFRASTRUCTURE & UTILITIES 0 0 ' / ,,,,,,,.... ........., \ .. Y 12W . a . • C") Ull l . i Z Ot 17• W I 73 Dr. N. NV \ 12- Al — — _ VINCENT MORAGA 11 "Arl r Frol_7) I si V, a Pe I r. M Ni ,Ae .4 N. /Jr , \ \ tr. Jr fr a Ze a 36. NORTH PHASE TR 36959-1 OLD TOWN FRONT STREET SOUTH PHASE TR 36959-3 1..11111411pater Plans by Phase =ffffl SPECIFIC PLAN November 2017 6-11 INFRASTRUCTURE & UTILITIES 6 w 8. FOR PUJOL STREET I-1 I to IA rn m CIVIC PHASE TR 36959 a. (J) e' • I Z L aarec R Dace I� MARLK Irn m a r ■ —� — rA El N'• CENTRAL PHASE Ex. 97" SO 401ED'.Cf a a'e )•Z Ee Jr ■ r 1)1570e DOA SJE NOV • / C2,039°. • LEGEND: 1' EASTING DOMESTIC WATER UNE EXISTING RECYCLED WATER UNE PROPOSED DOMESTIC WATER UNE PROPOSED RECYCLED WATER UNE PROPOSED FIRE HYDRANT ir w TR 36959-2 12- w / x•• ) Cr Art EXHIBIT D-2 ALTAIR CONCEPTUAL WATER PLAN It Domest' se SPECIFIC PLANrJ November 2017 MAY :017 Reclaimed Water The proposed reclaimed water system is diagrammed in Figures 6-5 and 6-6. 6 INFRASTRUCTURE I & UTILITIES Reclaimed water is provided by the Rancho California Water District (RCWD). The district maintains existing 24 -inch reclaimed water lines within the District's 1381 Pressure Zone. These existing lines are located in a looped system from the in Vincent Moraga/Felix Valdez intersection and extending southerly to the existing 24 -inch reclaimed main in Pujol Street at the intersection with First Street. At the southerly end of the project, the City's approved Western Bypass bridge plans propose to bring two 12 -inch reclaimed water mains westerly across Murrieta Creek from the existing 20 -inch reclaimed water main in Old Town Front Street. This westerly extension within the proposed bridge from Old Town Front Street to the intersection of the Western Bypass and B Street North will provide a secondary connection point to the RCWD's reclaimed water system and meet the project's irrigation demands. The projects reclaimed water service will have a looped system that will be connected to the existing system described above and can be broken down into two systems as follows: Backbone and Offsite. Backbone The backbone public systems will be broken down into the four Tracts as follows: Tract 36959-1 is located at the most northerly portion of the project and will connect to the existing 24 -inch reclaimed water main at the intersection of the Vincent Moraga and Felix Valdez public ROW. An 8 -inch reclaimed water main will be brought on site within the existing Vincent Moraga public ROW and continue within the proposed Western Bypass public ROW to the southerly Tract 36959-1 boundary- This portion of the proposed backbone system will provide reclaimed water service to Villages 'A' and `B'. Tract 36959-2 is located in the north central portion of the project and will connect to the proposed 8 -inch reclaimed water main located at the southerly end of Tract 36959-1 within the proposed Western Bypass public ROW with a proposed 8 -inch reclaimed water main. The proposed 8 -inch reclaimed water main will continue within the proposed Western Bypass public ROW to the southerly end on Tract 36959-2. An additional proposed 8 -inch reclaimed water main will connect to the proposed 8 -inch reclaimed water main within the Western Bypass public ROW adjacent to the Recreation Center and traverse easterly through the Recreation Center and Park Site to the easterly boundary of Tract 36959-2 and continue offsite to connect with the existing 24 -inch reclaimed water main located in Pujol Street at the intersection of First Street. This portion of the proposed backbone system will provide reclaimed water to Villages 'C' North and South as well as the School Site and Park Site. >ia?. SPECIFIC PL. v November 2017 6-13 6-14 ILIT ES b Tract 36959-3 is located in the south central portion of the project and will connect to the proposed 8 -inch reclaimed water main located at the southerly end of Tract 36959-2 within the proposed Western Bypass public ROW with a proposed 8 -inch reclaimed water main. The proposed 8 -inch reclaimed water main will continue within the proposed Western Bypass public ROW to the southerly end on Tract 36959-3. An additional proposed 8 -inch main will connect to the proposed 8 -inch main within the Western Bypass public ROW adjacent to Village 'E and 'F' and run easterly through to a terminus at Altair Vista a Private Street- This portion of the proposed backbone system will provide reclaimed water to Villages 'E', 'F' and 'D'. Tract 36959 is located at the most southerly end of the Altair Specific Plan and will connect to the proposed S -inch reclaimed water main located at the southerly end of Tract 36959-3 within the proposed Western Bypass public ROW with a proposed 8 -inch reclaimed water main. The proposed 8 -inch reclaimed water main will continue within the proposed Western Bypass public ROW and extend offsite to connect with one of the two proposed 12 -inch reclaimed water mains shown on the approved Western Bypass bridge plans. A proposed 10 -inch reclaimed water main will be provided via a connection with the second proposed 12 -inch reclaimed water main shown on the approved Western Bypass bridge plans and extend westerly within the proposed Western Bypass public ROW to the intersection with proposed 'B' Street public ROW and then extend southerly within the proposed Western Bypass public ROW to the Civic Site. A proposed 8 -inch reclaimed water main will then connect to the proposed 10 -inch reclaimed water main at the intersection of proposed 'B' Street and proposed 'C' Street both public ROW. The proposed 8 -inch reclaimed water main with then extend westerly through the proposed 'C' Street public ROW and transition to a 6 -inch reclaimed water main within the proposed 'C' Street public ROW and terminate adjacent to Village 'G'. This portion of the proposed backbone system will provide reclaimed water to Villages 'G' and the Civic Site and also close the reclaimed water loop system within the proposed Western Bypass public ROW. Offsite Offsite reclaimed water main improvements would be limited to the following: For Tract 36959-1 an offsite connection is required to connect to the existing 24 -inch reclaimed water main at the intersection of the Vincent Moraga and Felix Valdez public ROW. An offsite 8 -inch reclaimed water main will be brought on site within the existing Vincent Moraga public ROW and continue within the proposed Western Bypass public ROW to the northerly Tract 36959-1 boundary. This offsite connection will provide domestic and fire service to Villages 'A' and 'B'. Novembsr 2017 SPECIFIC PLANF.III. 6 INFRASTRUCTURE I & UTILITIES For Tract 36959-2 an offsite connection is required to connect to the existing 24 -inch reclaimed water main located in Pujol Street at the intersection of First Street. An offsite 8 -inch reclaimed water main will be brought on site within the existing First Street public ROW to the easterly boundary of the Altair Vista Specific Plan. This offsite connection will provide reclaimed water to Villages 'C' North and South as well as the School Site and Park Site. For Tract 36959-3 no offsite connections are required. For Tract 36959 two offsite connections will be required, connecting the two proposed 12 - inch reclaimed water mains shown on the approved Western Bypass bridge plans. These two connections will bring two proposed offsite 12 -inch reclaimed water mains on site within the existing Western Bypass public ROW to the easterly boundary of the Altair Vista Specific Plan. These offsite connect -ions will provide reclaimed water to Villages 'G' and the Civic Site. Final sizes and systems will be determined at final engineering. 6.2.2 Water Development Standards 1. All water lines shall be designed per the Rancho California Water District and the Eastern Municipal Water District requirements for the reclaimed water system. 2. The project shall comply with Title 20, California Administrative Code Section 1604 (f) (Appliance Efficiency standards), which establishes efficiency standards that set the maximum flow rate of all new showerheads, lavatory faucets, as well as Health and Safety Code Section 17621.3 which requires low -flush toilets and urinals in virtually all buildings. 3. The EIR mitigation measures, standard Conditions of Approval, and Project Design Guidelines shall be followed. =FAISPECIFIC PLAN Novemb*r 2017 INFRASTRUCTURE & UTILITIES 6 EXHIBIT C • TRACT 36959 ALTAIR CONCEPTUAL SEWER PLAN LEGEND EXISTING GRAM,' SEWER LINE EXISTING FORCE MAIN PROP GRAVITY SEWER LINE PROP 24' SEWER FORCE IMM BY EMWV November 2017 SPECIFIC PLAN 6INFRASTRUCTUREI & UTILITIES 6.3 SEWER 6.3.1 Sewer Description The proposed sewer system is diagrammed in Figures 6-7 and 6-8. The project is within the boundaries of the Eastern Municipal Water District (EMWD) sanitary sewer service area. All project generated wastewater flows will be transported via a proposed network of onsite and offsite gravity pipes which will be tributary to the District's existing offsite Pujol Street lift station. A Plan of Service (POS) for the entire Altair Specific Plan has been approved by EMWD on July 14, 2016. The Altair Specific Plan has been identified in the EMWD overall master -plan, including the July 2015 approved Pala Lift Station Condition & Capacity Assessment and Implementation Plan which has identified that capacity at build -out will be available to serve the Altair Specific Plan via the Pujol Lift Station. The project's sewer service will be a gravity system that will be connected to the existing system described above and can be broken down into three systems as follows: Backbone, Offsite and Onsite (private to be constructed by the subsequent merchant builders). Backbone The backbone public systems will be broken down into four Tracts as follows: Tract 36959-1 is located at the most northerly portion of the project and sewer will be provided by constructing a new 8 -inch gravity sewer main from the proposed intersection of Altair Vista public ROW and the Western Bypass public ROW, the proposed 8 -inch sewer main will proceed southerly within the proposed Altair Vista public ROW and then leave the proposed Altair Vista public ROW northeasterly along the southerly limits of Tract 36959-1. It will then head southeasterly within the existing EMWD easement along the easterly boundary of the Altair Specific Plan where it will intersect with existing First Street. At this point the sewer will be will be up-sized to 12 -inch and continue easterly within the First Street Public ROW to the Pujol Lift Station, the 12 -inch gravity sewer will be considered offsite improvements associated with the backbone system for Tract 36959-1. This portion of the proposed backbone system will provide sewer service to Villages A and B. Tract 36959-2 is located in the north central portion of the project and sewer will be provided by constructing two 8 -inch gravity sewer mains. The first being located in Altair Vista private street and beginning just northerly of the roundabout in Altair Vista, the 8 -inch sewer will run northerly in Altair Vista and connect to the proposed Tract 36959-1 8 -inch gravity sewer main. The second being located in Altair Vista private street just southerly of the roundabout in Altair Vista and continuing southerly in Altair Vista to the intersection of A Street private street, the 8 -inch sewer will then continue through A Street to the intersection of Coromell Trail private street and then continue southerly within Coromell Trail and connect to the proposed 12-ich gravity sewer constructed in First Street as part of Tract 36959-1. This portion of the proposed backbone system will provide sewer service to Villages C North and South as well as the School Site and Park Site. f! SPECI FIC PLAN November 2017 6-17 INFRASTRUCTURE & UTILITIES 6 WESTERN BYPASS CORRIDOR PROP12- '�'TAIR wsrA . R7r R I \` PR,)P R" [Y. x' h ..7 Y4,. Cr re Fart N 7 PLUM STREET L Ex d• LX a- a' F Y!?'F WIN E7. PVJOL UFr Sith oN (UPGRADCS B* EMWJ) II OLD iahvN FRow r STREET PRO' 24 FORCE MAW (M EMWO) PUJOL STREET I or 5 /ix EN 6. . FY 20. MCI NNr C> JO- FORCE AM a re MIX IRI! C+. re' Ma mW (aII m_ m CY PPOP. 2a- rORCE YAM (B+ EMWD) SOUTH PHASE TR 36959-3 NORTH PHASE TR 36959-1 ase November 2017 SPECIFIC PLANrI CIVIC PHASE TR 36959 I I I , 6 INFRASTRUCTURE & UTILITIES CENTRAL PHASE TR 36959-2 s uT(1i18TA T EX. M" ICE M& C. J6 PCZ WW CA. 20" FOAL( Iw fr. fB" FORCE ION • 2▪ 0' IOP(f JAW !x M' FORCE YNY LEGEND: EXWTINO ORAvfiv SEWER VIE Ei1STN1G FORCE LWN PROP GRR.ITY SEWEnna PROP N .SEWER FORCE YARN SY E1M4 mow sE i.F1 SIANpv II 1 1 EX. PJ.OL UFT STATIOA (UPGRADES BY EMWO; EXHIBIT C-2 ALTAIR CONCEPTUAL SEWER PLAN I SPECIFIC PLAN November 2017 INFRASTRUCTURE 8 UTILITIES 6 6-20.4 Tract 36959-3 is located in the south central portion of the project and sewer will be provided by constructing 8 -inch gravity sewer mains in Altair Vista private street beginning at the northerly boundary of Tract 36959-3 and running southerly within Altair Vista to the intersection of B Street private street and then running easterly to the existing EWWD easement ant then run within the easement northerly and connect to the proposed 12-ich gravity sewer constructed in First Street as part of Tract 36959-1. This portion of the proposed backbone system will provide sewer service to Villages E, F and D. Tract 36959 is located at the most southerly end of the Altair Specific Plan and sewer will be provided by constructing a new 10 -inch sewer main from the prosed civic site within 'B' street public ROW and running northerly to existing Pujol Street public ROW the 10 -inch main will then run northerly within Pujol Street to the proposed 12-ich gravity sewer constructed within First Street as part of Tract 36959-1. This portion of the proposed backbone system will provide domestic and fire service to Village G and the Civic Site. Offsite Offsite sewer main improvements would be limited to the following: For Tract 36959-1 an offsite 12 -inch gravity sewer main will be constructed within First Street public ROW and run easterly within First Street to the Pujol Lift Station. For Tract 36959-2 no offsite connections are required. For Tract 36959-3 no offsite connections are required. For Tract 36959 an offsite new 10 -inch sewer main from the prosed civic site within 'B' street public ROW and running northerly to existing Pujol Street public ROW the 10 -inch main will then run northerly within Pujol Street to the proposed 12-ich gravity sewer constructed within First Street as part of Tract 36959-1. Onsite All onsite sewer systems serving the various villages would be constructed by subsequent merchant builders and may become private systems. Final sizes, and systems will be determined at final engineering. 6.3.2 Sewer Development Standards 1. Sewage disposal facilities shall be installed in accordance with the requirements and specifications of the Riverside County Health Department. 2. Assurance for provision of adequate sewer service is required prior to approval of a subdivision map, and/or Development Plan for commercial uses in accordance with the State Subdivision Map Act. 3. All sewer lines shall be designed per Eastern Municipal Water District requirements. 4. The EIR mitigation measures, standard Conditions of Approval, and Project Design Guidelines shall be followed. November 2017 SPECIFIC PLANRALAIIMEMMUMMI 6 INFRASTRUCTURE I & UTILITIES 6.4 DRY UTILITIES 6.4.1 Dry Utility Description Specific Plan Development Guidelines shall dictate the location and screening of onsite electric power facilities such as transformers and underground vaults. The project is currently within the Frontier service area for telephone and fiber optic internet. All onsite telephone service lines shall be within underground conduits. The Specific Plan Development Guidelines shall dictate the location and screening of onsite telephone facilities such as underground vaults and above ground connection pedestals. Spectrum currently provides cable television, internet and residential phone services to the project area. All onsite cable service lines shall be within underground conduits. The Specific Plan Development Guidelines shall dictate the location and screening of onsite cable facilities such as underground vaults and above ground connection pedestals. 6.4.2 Dry Utility Development Standards 1. All natural gas facilities shall be installed underground and by or in accordance with Southern California Edison regulations and specifications. 2. All electric power facilities shall be installed underground and by or in accordance with Southern California Edison regulations and specifications. 3. All telephone facilities shall be installed underground and by or in accordance with Frontier's regulations and specifications. 4. All cable television facilities shall be installed underground and by or in accordance with Spectrum's regulations and specifications. 5. The EIR mitigation measures, standard Conditions of Approval, and Project Design Guidelines shall be followed. ffiSPECIFIC PLAN November 2017 PUBLIC SERVICES 7 PUBLIC SERVICES 7.1 Schools Schools located within the Temecula Valley Unified School District provide elementary, middle school and high school education to students generated by residential development in Altair. Vail Elementary School located at 29835 Mira Loma Road (1.12 miles away), Margarita Middle School located at 30600 Margarita Road (2.26 miles away) and Temecula Valley High School located at 31555 Rancho Vista Road (2.03 miles away) currently include the Altair project area within their service boundaries. All three schools operated below capacity in the 2013-2014 school year. A new elementary school is proposed on site to service the area of Temecula immediately west of Interstate 15, including Old Town Temecula. Many of the students for the proposed elementary school will be residents of Altair. A prominent and easily accessed land parcel of approximately 7 acres will be dedicated to the Temecula Valley Unified School District for construction of a school, depending on the District's assessment of their needs. A school facilities fee provides funding for school construction and is authorized by State of California. Developers of residential projects will be responsible for the payment of fees associated with public school service based on the square foot area of residential construction and as established by the school district in accordance with State law. Additionally, a portion of the property taxes generated by the project will be allocated to the school district. 7.2 Libraries There are two libraries in Temecula that are part of the Riverside County Library System, which has 35 branch libraries and two bookmobiles. Temecula Public Library, located at 30600 Pauba Road (1.63 miles from Altair), has a Technical Homework Center, a Law Resource Center and two community rooms. The second facility, Grace Mellman Community Library, is located at 41000 County Center Drive. The County of Riverside has under contract Library Systems and Services, a private national contractor, to operate the library system. =Pi SPECIFIC PLAN November 2017 PUBLIC SERVICES 7 1111 HOSPITAL ■ SCHOOL P STOREFRONT POLICE STATION ■ LIBRARY ■ FIRE STATION ■ PARK/RECREATION CENTER ■ ALTAIR SPECIFIC PLAN AREA November 2017 SPECIFIC PLANrlI 7 PUBLIC SERVICES 7.3 Fire Protection Fire protection is provided by the Riverside County Fire Department (RCFD), through a contract with the City of Temecula. Temecula is primarily served by Battalion 15 of RCFD's Temecula Division, which consists of seven stations housing seven engines and one aerial ladder truck to serve multistory buidings. Battalion 15 targets four person staffing, including one paramedic. This policy helps promote faster response times and helps ensure safety of the firefighters and citizens of the Temecula community. Fire service to Altair will likely be provided by Fire Station 12, located at 28330 Mercedes Street, approximately 1/3 mile from the project site. This station provides both fire protection and paramedic services. Fire Station 73, located at 27415 Enterprise Circle West (1.5 miles away and equipped with the ladder truck) and Fire Station 84 at 30650 Pauba Road (1.8 miles away) serve as secondary responders. Altair is located near a wildfire hazard area. The Western Bypass Corridor forms a fire barrier protecting the majority of the proposed development. Fuel Modification setbacks for the remaining areas are defined in the Tentative Tract Map concurrent to this Specific Plan. 7.4 Police The Temecula Police Department provides about one police officer per 1,000 residents through a contract with the Riverside County Sheriff's Department for staff and equipment. The RCSD Southwest Station is located at 30755-A Auld Road in Murrieta, CA and is the closest full station at approximately 6.4 miles from the Specific Plan area. In addition, Temecula has two storefront police locations, one in Old Town Temecula at 28690 Mercedes Street, near 3rd Street (1/3 mile from the project site) and one in the Promenade Mall at 40820 Winchester Road, suite 2020. A traffic team, investigations bureau and special teams to deal with drugs and gang -related issues are integrated into the police department. 7.5 Parks The City of Temecula has more than 39 City parks. City Parks located in the immediate vicinity of Altair include Rotary Park, a 1.09 acre park with BBQ and picnic tables located on the corner of Pujol Street and 1st Street, Town Square Park at the fountain at the east end of Main Street, the Duck Pond at 28250 Rancho California Rd and Sam Hicks Memorial Park, a 1.8 acre park, located within % mile of the project site, contains a children's play area, picnic tables and restrooms. Parks, open space and recreational facilities will be provided in the Altair development. These amenities are described in Section 8. • 11•iSPECIFIC PLAN November 2017 PUBLIC SERVICES 7 7.6 Hospitals There are four regional hospitals within an 8 -mile distance of Altair: Temecula Valley Hospital, Rancho Springs Medical Center and Loma Linda University Medical Center in Murrieta, and the Inland Valley Regional Medical Center in Wildomar. Temecula Valley Hospital is the closest and largest, located approximately 2.3 miles away at 31700 Temecula Parkway. This is a 140 -bed facility with five surgical suites, a full ER and expansion potential on it's 37 -acre campus. The hospital has 300 associated physicians. 7.7 Public Transit Riverside Transit Agency (RTA) was established in 1975 to operate bus service in Riverside County. RTA is the Consolidated Transportation Service Agency for western Riverside County and is responsible for coordinating transit services throughout the approximate 2,500 square mile service area, providing driver training, assistance with grant applications and development of Short Range Transit Plans (SRTPs). RTA provides both local and regional services throughout the region with 36 fixed -routes, eight CommuterLink routes, and Dial -A -Ride services using 266 vehicles. In the cities of Corona, Beaumont and Banning, RTA coordinates regional services with municipal transit systems. In Riverside, RTA coordinates with the city's Riverside Special Services, which provides ADA complementary service to RTA's fixed -route services. Old Town Temecula is served by bus transit with three Local Routes 79, 23 and 24 with alternate routing and three Commuter Routes 202, 206 and 208. Route 202 runs from Murrieta to the north and reaches in Oceanside to the south. Route 206 runs between Promenade Mall and Corona Transit Station. Route 208 runs from Promenade Mall and reaches Downtown Riverside. In addition, the Temecula Trolley (route 55) is a loop route that circulates just east of Interstate November 2017 SPECIFIC PLANK/ TRANSFER STOP TEMECULA Promenade Mall 208 217 MAJOR STOP Temecula City Hall OLD TOWN MAJOR STOPS -- FOR 80TH ROUTES Temecula Valley Hospital 1S\ mecula Walmart 4M� Community Center REDHAWK 'ego Rt 202 continues to oceanside Pechanga Resort Figure 7-2 RTA Route Map *s.,Great Oak HS Rt 217 continues to Escondido Transit Center 15 next to The Promenade at Temecula and Harveston School Road at the north end. 7 PUBLIC SERVICES Local Route 24 also connects to Margarita and Gardner Middle Schools and to Temecula Valley High School. RTA provides discounted monthly passes to students in grades 1-12 to facilitate public transit for commutes to school. Altair will participate with the RTA and the City of Temecula to further a "Smart Shuttle" or "bike share" program to link Altair with Old Town Temecula and the RTA Bus system. A proposed route with connections to RTA bus routes 24 and 79 is shown in Figure 7-3. The Master Developer will contribute financial support for a period of two years as defined in the Development Agreement. The shuttle will be operated by the RTA. SPECIFIC PLAN November 2017 7-5 PUBLIC SERVICES 7 - OLD TOWN LOOP - PROPOSED SHUTTLE ROUTE November 2017 0 300` 600' 1207 SCALE: 1' - 1200'-0' Connection to RTA Bus Stop Connection to RTA Bus Stop SPECIFIC PLANrI 7.8 Waste Management 7 PUBLIC SERVICES The Riverside County Waste Management Department (RCWMD) operates six landfills that serve Riverside County residents. All new development projects are required to provide Refuse/Recycling Collection and Loading Areas. Development near or adjacent to a Department facility may be subject to additional requirements/restrictions. These projects are addressed on a case-by-case basis. Design Guidelines for Refuse and Recyclables Collection and Loading Areas The City of Temecula publishes Waste and Recycling Design Guidelines for multifamily and commercial projects through it's franchise waste hauler (currently CR&R Inc.). The guidelines are intended to assist project proponents in identifying space and other design considerations for Refuse/Recyclables collection and loading areas, consistent with state and local regulations. See also Section 9.5 for design of refuse and recyclable area enclosures. Trash and Recycling The City of Temecula contracts with a franchise waste hauler (currently CR&R Inc.) for trash and recycling services. CR&R provides trash collection with a state of the art recycling and green waste program. Automated collection is an efficient and safe process for collecting residential waste and recyclables. Through the use of a mechanical arm operated by the driver, trash is collected quickly and neatly. Each home (except multifamily housing) is furnished with three special containers which residents roll out to the curb on collection day: for trash, recycling and green waste, respectively. Section 10.9 describes space requirements for storing these containers. Green Waste Disposal Green waste can be disposed of using the green 3 -yard bin and collected by CR&R or through the City of Temecula's City Wide Clean Up events held periodically. Commercial and multifamily residential properties are required to implement an organic material recycling program in compliance with AB 1826. Detached and attached single-family developments at Altair are also required to provide facilities for green waste. Construction and Demolition (C&D) Recycling Prior to receiving a permit, developers or their contractors must contract with the City of Temecula's franchise waste hauler for recycling of construction and demolition waste. =Pi SPECIFIC PLAN November 2017 7-7 OPEN SPACE & RECREATION 8 OPEN SPACE AND RECREATION PLAN The City of Temecula General Plan targets 5 acres of useable park land per 1,000 population in its Open Space and Conservation Element in order to ensure sufficient park land and recreation facilities. While the General Plan excludes natural open space and trails from its park standard, they are a substantial and integral part of the open space and recreation network at Altair. The large amount of natural and interstitial open space and usable cycling and running trails complements the available active open space. This inter -connected system is consistent with and contributes to the Temecula Multi -Use Trails and Bikeways Master Plan, discussed previously in Section 4. To meet the General Plan target, Altair would need between 9.6 and 19.3 acres of useable park land, based on an expected person per household factor of 2.2 and planned development intensity in the range of 870-1,750 dwelling units. The target factor of 5 acres per 1,000 persons is high for the region. The City of San Diego, for instance, requires only 2.8 acres per 1,000 population in its General Plan, while the City of Riverside requires 3 acres per 1,000 residents. Escondido recognizes the value of passive parks and habitat land by targeting passive and active open space in equal measure, with a combined total of 11.8 acres per 1,000 people. The combined passive and active open space area in the Altair Specific Plan totals approximately 140 acres. This equates to 36 acres per 1,000 residents at the maximum density of 1,750 dwelling units. A successful community has many different kinds of open space that offer a range of activities and varying levels of privacy and control. Open space is divided into four main categories in the Altair Specific Plan: natural open space, interstitial open space, active open space and private open space. A summary of open spaces are shown in Tables 8-1 and 8-2 and general locations are indicated in Figure 8-1. lI i SPECIFIC PLAN November 2017 OPEN SPACE & RECREATION B 8-2 Use Acres % of Total Conservation Open Space Open Space Clubhouse and Recreation Center 87.20 31.50 2.05 32.3° 11.7% 0.8% Parks, Trails & Bikeways Master Developer 10.18 Guest Builders 3.55 Elementary School 2.00 Total 15.73 15.73 5.8% Developed Area' (Residential, School + Civic Sites) Roadways 105.21 39.0% 28.22 10.5% Total 269.91 100.0% • Approximately 20% of the Village Lot Areas are 2:1 open space slopes to the east and/or west of each Village. The final buildable pad area is anticipated to be 60 - 65 acres (22%-24% of the total acreage). Table 8-1 Open Space Summary Location Use Responsibility TOTAL AREA (Acres) Portion of Park Area that is Open to the Public Master Developer / School District Guest Builder Active Open Space Master HOA Maintained Sub -HOA Maintained Village A Active Park Guest Builder 0.95 t 0.65 Village B Active Park Guest Builder 0.65 1 0.40 Village C Active Park Plaza Promenade Community Center Master Developer Master Developer Master Developer Master Developer 5.04 0.37 0.59 2.05 0.75 3 5.04 0.37 0.59 2.05 Village D Active Park Master Developer 0.80 0.15 3 0-80 nog E Active Park Guest Builder 0.35 1 t - 0.25 Between E+F Active Park Master Developer 0.25 0.2.5 Vlpge F Active Park Guest Builder 0.60 1 0.40 VWge G Active Park Guest Builder 0.10 a School Play Field School District 2.00 2.00 3 Trail South of 1st Street Class I Bikeway Master Developer 1.40 1.40 Trail North of 1st Street logging Path Master Developer 0.78 0.78 Western Bypass Class I Bikeway Master Developer 0.92 0.92 Active Suibtp 1: 14.19 1f5 35.59 Natural Open Space Upper Hillside Civic Site MSHCP + Slopes MSHCP + Slopes Master Developer Master Developer 69.05 37.24 Interstitial Open Space Passive Ravines. Slopes Master Developer 21.49 21.49 Taal: 141.97 3739 1. Includes Guest Builder constructed "String of Pe rls" parks that are open to the public (1.7 acres). 2. Estimated Common Open Space parks (varies based on product type) which may be public or private. 3. Subject to joint use agreement with School District. Table 8-2 Park and Open Space Areas November 2017 1111111111111111 SPECIFIC PIAN L. -- PRESERVED f RESTORED OPEN SPACE I VILLAGE 'A' PARK VILLAGE 'B' PARK OFF SITE OPEN SPACE CLUBHOUSE UPPER STAIRCASE SEATING PLAZA PROMENADE SCHOOL RECREATION HOA RECREATION CENTER VILLAGE 'C' CORE PARK MAIN ST. PLAZA OLD TOWN GRAND STAIR VILLAGE 'D' PARK VILLAGE 'E' PARK GE 'F' .K a _ WILDLIFE FENCE CIVIC SITE Amenities Plan /iSPECIFIC PLAN November 2017 OPEN SPACE 8 8 RECREATION 8-3 OPEN SPACE & RECREATION 8 8.1 Natural Open Space Natural open space is basically left in its current state. While access is not prohibited, natural open space is only intended to be active or programmed for recreation where intentionally delineated. Natural open space in the Altair Specific Plan is primarily located in the MSHCP corridor west of the Western Bypass and at the southern portions of the site. It includes natural habitat, chaparral, Diegan coastal sage scrub, and oak woodland. The majority of this area is part of Proposed Linkage 10 in the Multiple Species Habitat Conservation Plan and will provide both live-in habitat and a passageway for critical species including bobcat and mountain lion. A smaller portion is located within the prposed Constrained Linkage 13 of the MSHCP. The natural open space within the Specific Plan area is connected to the much larger MSHCP plan that extends westward beyond the ridgeline, maximizing the value of each area as part of a greater conservation zone. The south 55 -acre parcel is mostly natural open space with a proposed nature center and trails serving the public. The south portion of this parcel is just across the river from the Temeku Village Site. Natural open space in this area provides an appropriate backdrop and helps to maintain the cultural significance of the neighboring historical site. The conservation area preserves a large stand of native oak. Effective separation of natural habitat from development is critical to preserve the habitat and protect both native species and residents, including their pets, from predators. The Western Bypass Corridor divides most of the natural open space from new development. A wildlife fence will also be provided as shown in Figure 8-1 to keep animals out of the Bypass and to separate the natural open space from Villages A and G. •41 A , X Wildlife Fencing Standard: 1. 8.0' high vinyl coated chain Zink "Wildlife Fence" with access gates included throughout. 2. located at the toe of slope along the entire Western Bypass Road as well as areas adjacent to Villages A and G (see Figure 8-1). November 2017 SPECIFIC PLANfrI OPEN SPACE 8 & RECREATION Protection from fire hazards is also critical for development near natural open space. The Western Bypass Corridor will act as a fire break to most of the proposed development at Altair. A Fuel Modification Plan will be a condition of approval of the Tentative Tract Map, which includes fire setback areas where developed parcels are directly adjacent to potential wildfire areas. 8.2 Interstitial Open Space Interstitial open spaces are the landscaped areas between the village clusters and at the edge of the developed area. Interstitial spaces serve several functions. They define the perimeter of each village. They add variety to the circulation experience, especially for pedestrians and cyclists. Interstitial spaces are typically characterized by steep slope banks or ravines, as they transition between development at different elevations. They are also opportunities for bioswales. Therefore, they are integral to the grading and drainage plan patterns discussed in previous sections of this specific plan. They are also destinations in themselves, offering a quieter alternative to the more active parks. All disturbed areas in Altair are slated to be restored with Native vegetation to match the surrounding hillsides. Hiking Trails through the interstitial open space areas will allow residents and visitors to have a close encounter with the natural world. 8.2.1 Ravines The ravines generally run west to east and slope longitudinally down toward the east. They loosely align with existing draws in the undisturbed open space to the west of the Western Bypass. The naturalized drainage draws, shown in section 6 will utilize native riparian vegetation to serve as water quality treatment corridors. These draws will also feature boulders and rock repurposed from grading operations to create naturalized grade breaks and check dams in the draws. Roads and trails cross the ravines over bridges, culverts and footbridges. These spans are creative design opportunities that contribute to the personality of Altair. f iSPECIFIC PLAN November 2017 OPEN SPACE 8 RECREATION 8 8-6 8.2.2 Bypass Trail The bypass trail area separates the Western Bypass from the residential development and is a linear open space running along the east edge of the road. The trail roughly parallels the bypass, is contiguous to the road at the north and south ends, but drops away from and below the road for most of its length. The trail can be accessed from several points in the community, as identified in Figure 4-2. It is a paved trail serving pedestrians and cyclists and is designed as a Class 1 Bikeway. There are slope banks to either side of the trail and some low retaining walls. Native landscaping will buffer noise and sight lines from the road to screen adjacent residences. Views from the trail are dramatic and certain vistas are highlighted with breaks in the trees, areas to step off the trail, etc. The bikeway portion of the bypass trail area is included as active open space in Table 8-1. The trail network is also an opportunity to display artwork in a public setting, such as the example on the right. Art installations alongside a trail add whimsy and delight and can support themes such as nature or movement. Altair's contribution to Art in Public Places is discussed in Section 9.9. 8.2.3 Eastern Slope A sculpture on the Lackawanna River Heritage Trail Altair is a linear site occupying the hillside west of Old Town Temecula. The eastern edge of the site slopes down to meet the existing grade at the property line. A stabilized decomposed granite trail runs along the slope, utilizing a bench required by adopted grading standards. As with the Bypass Trail, the elevation change of the eastern slope offers overlooks of the City and vistas of the surrounding terrain. A utility and emergency fire access easement parallels the property line at the base of the slope south of First Street. The easement is proposed to be widened from the existing 30 feet to 40 feet. This easement has long been used by the community as a dog walking trail - a use that is anticipated to continue. This area will also be improved as a paved bikeway per the Circulation section. The eastern slope is intersected by ravines at their bases. Grades are softened at these junctions to slow run-off from the ravine, which also relieves the visual continuity of the slope bank. A major intervention occurs at the perpendicular path connecting the central park to Main Street. This path and how it cuts through the slope bank is described more thoroughly below. November 2017 SPECIFIC PLANFI OPEN SPACE 8 8 RECREATION 8.3 Active Open Space Active open space is developed for human recreation and gathering. These spaces are the focus of the individual neighborhoods of the Altair Specific Plan and give each village its unique character. Active spaces are closely tied to adjacent architecture, functioning as outdoor rooms. They often occupy important loci or scenic vantage points within the overall plan. Active open space falls into two general types at Altair: public open space and common open space. 8.3.1 Public Open Space Public Open Spaces are parks, playfields, and other spaces for public use that are typically established by the master developer and maintained by the Altair community as a whole. Public Open Spaces include the central park, the Community Center area, upper stair and plaza and the promenade, all at Village C; the village parks; and the Nature Center trails at the Civic Site. Guest builders can also install and maintain public open spaces as long as they are open to the general public, such as at the village parks. Active public open spaces include circulation elements such as Class! bikeways and established paths that can be used for walking or jogging. The pedestrian link from Village C to Main Street is a series of connected urban spaces at the Grand Stair and Main Street plaza that encourages interaction between residents of Altair and Old Town. A Recreation Center and Clubhouse are provided to serve all residents of Altair. Both of these facilities are located in the Community Center at Village C and they define and punctuate the Plaza at the top of the Main Street axis. See the Village C description in Section 3 for more information on this area of the Plan and its adjacencies. The Recreation Center features an outdoor pool and spa framed by the recreation building and a pergola. Inside the recreation building are locker rooms, restrooms, spaces for fitness equipment and yoga or other exercise classes, a children's game room and offices and other support spaces. The Recreation Center edges grand steps at the peak of the Main Street axis, a prime gathering space and scenic viewpoint. I SPECIFIC PLAN November 2017 s -r OPEN SPACE d RECREATION 8 — The Clubhouse anchors the southwest corner of the central park at Village C. The Clubhouse is a 2 -story structure featuring a large terrace that spills out into the park at it's high point. Casual seating is provided on the terrace, offering excellent views of the park, Old Town and the surrounding hills of Temecula. Residents and guests may relax on these terraces while enjoying music or other performances in the park. Inside the Clubhouse are kitchen and dining facilities, meeting rooms and game rooms. A restaurant or wedding / banquet facility may also be considered to optimize this unique location. Under the Development Agreement, the building will provide office space for the Community Services Department, which will work with the Master HOA for the potential hosting of classes, activites and wedding or event rentals at the facility. 8.3.2 Common Open Space Common Open Spaces are defined and installed as part of individual development projects within the Altair Specific Plan area, typically by a guest developer. Common open spaces may be shared facilities serving an entire village or can be communal pools, courtyards or roof terraces for residents of a particular project as a private amenity. Requirements for the minimum aggregate area and dimension of common open spaces per project are designated by building type in Section 10, Development Standards and Table 10-4. Common open spaces should connect to the pedestrian circulation system wherever practical. Some of the common open space amenities for residents may contribute toward the total active park area required to be provided by guest builders in each village. However, a minimum area of park space in each village must be open to the public. The minimum areas of total park and public park are indicated in Table 8-2. November 2017 SPECIFIC PLANT] OPEN SPACE 8 & RECREATION The open space and recreational imagery, Figure 8-2, sets the theme of the Altair parks and open space and influences the community as a whole. Natural play areas, open play fields, and nature trails encourage children and adults alike to live active, healthy lifestyles. Urban parks mixed in pockets of open space allow all members of the community to have access to a park space no matter where they live in Altair. A wide array of recreational uses from urban parks to naturalized open space provokes the residents of Altair and Temecula to explore nature and their community. Active open spaces can also satisfy lifestyle needs beyond recreation. Functional program areas such as dog parks, playgrounds and communal vegetable gardens offer convenience and blend social interaction with daily tasks. Most of us can remember playing outside all day until it was dinner time, exploring a creek or corner of a vacant lot, and getting "lost" in nature as a kid. During the last generation, there has been a major shift from outdoors to indoors. Kids seldom play outside anymore unless under the direct supervision of a parent and often times as a scheduled visit to a 'tot lot". In Last Child in the Woods, Richard Louv explores the missing connection to the natural world and describes how we can save our children (and ourselves) from "Nature Deficit Disorder". Feeling the warmth of a boulder, sensing the softness of pine needles underfoot, hearing the rustle of leaves, or experiencing the fragrance of a plant species can connect us to a green space. Research says "Natural Play" contributes to the overall physical, cognitive, and emotional development of children, helps them score higher on tests for concentration and self-discipline, helps them experience more diverse play, helps them exhibit Tess aggressive behavior, strive toward advanced motor fitness, and become healthier. The recreational value of Altair is enhanced by going "beyond the tot lot" by providing open lawn areas and traditional park elements as well as natural places to discover, explore, climb, dig and roll. Native plantings requiring little to no maintenance will be used to blend into the natural setting and reduce maintenance costs. Je 8-2 01111 and Reallional Images SPECIFIC PLAN November 2017 8-9 OPEN SPACE & RECREATION 8 8.4 Private Open Space Private Open Spaces are yards, patios, balconies, entry stoops, courts or roof terraces attached to individual dwelling units for the private use of the residential household. Requirements for the minimum area and dimension of private open space per dwelling unit are designated by building type in Section 10, Development Standards. Private open space can be located on any side of a dwelling unit, as fits its purpose. 8.5 Park Programming The Master Developer and Merchant Builder Parks of Altair are intended fora range of flexible and passive uses that will provide common social spaces for each Village and the Altair Community as a whole. These spaces are not intended to be "over -programmed" or "over-amenitized". Instead, they should allow a flexible range of recreational uses such as picnicking, kite flying, pick up soccer games, playing catch, frisbee, concerts, movie nights, children's play, and other uses that are not limited by single -user type facilities that are typically league dominated. Suggested programming can be found in the Conceptual Park Design Concepts in the description of each Village in Sections 3.5 through 3.10. Encouraged programming includes: open lawn areas, natural/native landscape/garden/exploration areas, children's play areas, shaded seating and picnic areas. Discouraged uses include, but are not limited to, ball diamonds, soccer fields, and tennis courts. These types of uses are intended for the school site and will provide the balance between flexible recreation areas and the formally programmed recreation areas. Public parks should generally have a minimum dimension of 85 feet in either direction to allow adequate activity space. Natural open space use is limited to hiking, walking, and bicycling as described in Section 4 Circulation and Section 8.1 Natural Open Space. Common open space programming will reflect the type of activities preferred by residents of each community, expressing the diversity of Altair. Neighborhoods with young families may have more playgrounds, while developments favored by singles might have a dog park or more areas to gather. Community gardens are strongly encouraged in all neighborhoods to support healthy eating and as an educational activity for children. All residences should be within easy walking distance of a tot lot or playground, whether in a park or in common open space. November 2017 PECIFIC PLANffl 8.6 Crime Prevention through Environmental Design OPEN SPACE 8 & RECREATION Crime prevention through environmental design (CPED) as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life" Following are the nine primary strategies that support this concept. These strategies should be integrated into the design of Altair to the greatest extent feasible. 1. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. 2. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. 3. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. 4. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. S. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. 6. Design the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. 7. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. 8. Design space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. 9. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. IMSPECIFIC PLAN November 2017 9 DESIGN GUIDELINES DESIGN GUIDELINES Al t"afi r 9.1 Design Objectives Altair is intended to be an urban environment, with the kind of energy that is inherent in well - executed compact design. Streets and open spaces are well defined by a clear, consistent building edge. Streets are as narrow as is practical to slow traffic and reinforce the pedestrian environment. Building massing is appropriate to a human scale and pedestrian pace. These design guidelines are used in conjunction with the development standards in the following chapter to ensure a community of the highest aesthetic quality. The two sections strive to: • Provide guidance to developers and their design and engineering teams to create projects consistent with the standards of the Altair Specific Plan. • Establish a basis of design against which City staff can review future development projects in the planning area. • Ensure that the components necessary for a connected and pedestrian -friendly community are carried through all of the phases and districts comprising the specific plan. • Allow flexibility and ingenuity in design to create distinctive neighborhoods. These guidelines use positive and negative examples to ensure quality design. There can be circumstances where a preferred method is not achievable or a discouraged material is used skillfully. Therefore, exceptions to these guidelines may be granted through the Design Review process described in Section 11, Implementation. 9.2 Building Placement Placement of buildings sets the scene for development projects, especially on a sloping site, where the visual effect of buildings on a hillside is more apparent. Buildings facing the street should be designed to interface with the street in a special way, so that there is an interplay of building and street. Entries facing the road, along with porches and balconies, reinforce the connection of the road and the community. See Section 9.4 for further discussion of building frontage and Figure 9-2 showing streets that require building entries to face them. Also, refer to Section 10.4 for setbacks and explanation of build -to lines that regulate the location of facades relative to streets and otherlot lines. Buildings shall be arranged in a manner that creates meaningful and pleasant open spaces between them, such as courtyards, paseos and plazas. Buildings and groupings should relate to each other. In particular, perimeter buildings of development projects shall address adjacent developments so that there is no "dead space" between. Views, solar orientation and protection from prevailing winds are important considerations in building placement and orientation. Opportunities for views over buildings and view corridors should be carefully considered to maximize the connection to the surrounding environment and increase the quality of the neighborhood development. =in. SPECIFIC PLAN November 2017 DESIGN GUIDELINES 9 — 9.3 Building Form These guidelines do not dictate any particular style, but rather discuss building form and elements that are conducive to the design objectives. Variations in style are encouraged for visual interest, vibrancy and diversity. 9.3.1 Building facades should be broken down in scale with off -setting planes. This can be achieved with wall offsets, recesses or with projecting elements such as bay windows, chimneys, stoops and porches. All building facades are important and require the same level of detail. Architecture at Altair will be "four-sided", meaning a high level of design and attention to detail shall be maintained for all elevations. 9.3.2 Proportions of building elements should be carefully considered in relation to eachother and to the building as a whole. A graceful progression of scale and proportion from the building outline to the door frame down to the door handle should inform all designs. Proportion is an opportunity to emphasize verticality or horizontality. The proportion of traditional or structural elements, in particular, shall be correct to their perceived function. For example, columns that are too tall and narrow or oddly space will detract from a building composition. 9.3.3 Indoor / Outdoor spaces such as covered open space, trellises, screen walls and decorative fencing are inviting to pedestrians and help to distinguish public from private space. Indoor / outdoor spaces should progress from open to more enclosed and private. Landscaping should integrate built forms with complementary planting and hardscape. A courtyard functions as an outdoor room and entry foyer. November 2017 A progression of indoor/ outdoor spaces. SPECIFIC PLANA 9,3.4 Roof should be varied with multiple planes, stepped roof lines and a variety of forms, including sloping and flat roofs. Roof terraces are highly encouraged. 9.3.5 Stepped building; are encouraged to reduce the scale of large masses. Elegant transition between levels, either through roof forms or patio terraces, is critical. 9,3.6 RoofTerr@ces are an excellent way to vary roof forms and provide private outdoor space that looks onto public space. In Temecula's mild climate, a roof terrace can be a second living room. Roof terraces are encouraged at Altair, particularly common open space roof terraces for gathering and neighborhood events. Terraces shall be designed to support landscaping and container gardening, including drainage and irrigation, and/or self -watering pots. Example of a successful stepped building in DC. SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-3 DESIGN GUIDELINES 9 9.3.7 Building entries are fundamental to the iconography of residential architecture. The placement, materials and design of entry doors should make a statement about the quality and character of a home. Doors of attached dwelling units such as triplexes should enter at different locations to express the individuality of each unit and support the 3-dimensional building composition. Entry doors at the side facade of end units are preferred at long row home groupings. Recessed or covered entries are recommended, as they provide both protection from weather and a transition zone from public to private . Doorways should be considered as one element of an entry procession, in combination with gates, walkways, stoops or porches. The arrangement of these elements creates of series of spaces that address the public realm (i.e. the street) and gradually introduce the visitor to the private realm. These layers of ascending privacy add security both to the home and the neighborhood as a whole. See further discussion on Building Frontage in this Section. Also see Section 9.3.3 regarding indoor / outdoor spaces. 9.3.8 Windows shall project from or be recessed into exterior walls. Sills, lintels and casing trim around windows are encouraged. Flush mounting of windows is prohibited, unless the window openings are appropriately trimmed on the exterior. Windows facing adjacent buildings should be placed to ensure privacy between neighbors. Energy efficiency should be promoted through the installation of sunscreens above windows where appropriate. The placement and proportion of windows on all sides of a building should be carefully considered. Fabric awnings at residential windows are not permitted due to maintenance issues. Recessed or framed windows like these are preferred. Flush windows without trim are prohibited. November 2017 SPECIFIC PLANFif 9.3.9 Street Ieyel facades of public, institutional and commercial buildings should have a high level of transparency and visual activity for the interest of pedestrians. Vacant or lightly used spaces such as utility or storage rooms or private offices should be avoided at street frontages of public and commercial structures. Display windows should be large and extend down to or near to the adjacent walking surface. The street level of residences may be more private, with higher or smaller windows, but should offer interesting elements such as window boxes, planters, operable shutters, decorative gates and artwork. 9.3.10 Balconies should vary in form from projecting to semi -recessed to fully recessed, particularly on large multifamily buildings. Railing materials and transparency should also vary and complement building designs. Railings are opportunities for ornament at a human scale. On multifamily buildings, the effect of repeating and grouping balconies should be considered. To be deemed useable, a balcony should have a 6 foot by 6 foot minimum area for furnishing - A projecting balcony with decorative railing. Li (SPECIFIC PLAN Partially recessed balconies grouped to create a design element. The detailing of the rails provide a distinct character and match the building style. Balcony railings can be extended and joined to form a semi -transparent facade plane. Novwmber 2017 DESIGN 9 GUIDELINES DESIGN GUIDELINES 9 WINDOWS & BALCONIES FACE COURT Above: preferred examples of modern and traditional garage doors that support the building style. 9.3.11 Garage doors should face away from streets wherever possible. Shared motor courts, shared driveways and alleys are preferred. Garage doors should vary in size, style and materials such as wood, steel or glass. Doors shall be of high quality and appropriate to the style of architecture exemplified in the building. Individual, single car garage doors are encouraged at double -car garages to reduce scale. LANDSCAPING AT VARIOUS HEIGHTS MATERIALS OF SIMILAR QUALITY AS STREET FRONT HIGHLY DETAILED 3 - DIMENSIONAL FACADES ENHANCED PAVING ART Figure 9-1 Motor Court Elements LOW WALL DEFINES PRIVATE SPACE ELIMINATE PAINTED LINES WALKWAY November 2017 SPECIFIC PLAN 9.3.12 Motor courts and alleys are shared by pedestrians and vehicles, as signified by enhanced paving and landscaping. Landscape planting should vary in height to soften the space and screen private areas. Motor courts should feel enclosed by surrounding buildings and have a strong separation from the street. Motor courts, in particular, shall have elevations developed to the same quality as street facades. Facades facing alleys and motor courts shall have off -setting planes, balconies, trellises and other elements to create visual interest and reduce scale. See 9.3.11 for description of garage doors. Garages must meet the minimum size requirements defined in Section 10 in order to keep refuse containers stored in garages and out of motor courts. These garage doors are well-proportioned with the balconies above. Above: Parking between the building and street as shown here is prohibited. Open parking structures shall not be visible to or accessed from the street. Below: recessed garage doors and projecting bay windows enliven this alley in Baltimore. SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-7 DESIGN GUIDELINES 9 1 Street Alignment to be -� Determined Street Alignment to be Determined I EGEND- Street Requiring • "'• Entry Frontage Trail or Open Space • -• Requiring Entry or Garden Frontage November 2017 0 300' 600' 1200' SCALE: 1 • - 1200•-0• SPECIFIC PLAN 9.4 Building Frontage Well designed building frontages are essential to creating a community with active streets and visual character that makes walking enjoyable and interesting. The placement of symbolic elements such as stoops, porches and overhangs identify "home". Other elements, such as arcades, are more appropriate to commercial or civic structures. These elements also establish the transition from public to private space so that pedestrians comfortably know where they are supposed to be. A properly executed facade will anchor the structure into it's site and architectural context. How a building meets the ground is important aesthetically and helps to define its use. A successful facade shall offer transparency and human scale to enhance the pedestrian environment. All structures facing streets, bikeways or open space shall incorporate one or more of the following frontage strategies. FIGURE 9-2 shows key streets and open space where frontage is required. Frontage shall be provided facing trails and pedestrian paths as indicated in FIGURE 9-2, such as the Class 1 Bikeways along the west and east perimeter of development. In some cases frontage may be required on multiple facades, as for a corner lot. While an entry door is not necessary on both facades, other frontage features should be provided to create a 3-dimensional design. A wrap-around porch or side porch separate from the entry element are appropriate solutions at corner lots. Where a building fronts both a street and key open space, such as a park or ravine, both an entry front and a "garden" front, shall be provided on the appropriate opposing sides. For example, the homes along the east edge of Village F will have a street entry front facing the internal circulation road and a second front facing B Street North. Even though there is a significant grade difference, it is important that the view from public routes such as the bikeway and B Street North are not perceived to be to the "back" side of buildings. The frontage types below are described in more detail in the following sections. Building designs are not limited to these types, as long as the aesthetic goals described in the previous paragraph are met. Combining frontage elements is strongly encouraged. 9.4.1 Stoop 9.4.2 Porch 9.4.3 Recessed Entry 9.4.4 Walled Yard 9.4.5 Raised Yard 9.4.6 Entry Court 9.4.7 Shopfront 9.4.8 Arcade ffilSPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-9 DESIGN GUIDELINES 9 — 94.1 St000 Stoops are exterior stairs and landings that provided access to elevated front doors of buildings. Stoops signify entry by providing an obvious path of access, but the vertical displacement also implies separation between the public and private realm. A person on a stoop has passed onto private property, but is still visible to and engaged with the public. The design of a stoop can thus convey a message about the structure being accessed: a straight stair with just a few steps is very accessible, whereas a high stoop with many steps or a circuitous route makes the entry more removed from the public way. Stoop Design Standards: A. At least half, and preferably all, of the stoop composition should be in the setback zone. B. Entry doors should be further enhanced with a frame, cover or some architectural treatment that is compatible with the stoop design. C. Stoops may be covered or uncovered. D. Railings or low walls should be of the same design and material for both the steps and the landing. E. Railings or low walls should be of compatible materials and design with the building and any garden fences or walls. F. Railings or low walls should be integrated with the building and any garden fences or walls. For instance, stoop walls and building walls that are parallel and of the same material should be flush. G. Large landings that can function as terraces or as places for potted plants and other site furnishings are encouraged. H. Multiple landings are encouraged where many steps are needed. I. Facades facing side streets or common space shall have windows, projections or other architectural features to add visual interest. J. Steps can either be parallel or perpendicular to the street frontage. K. Provide disabled access to buildings and residences in compliance with all applicable codes, including the ADA, CBC nd FHA Guidelines. November 2017 SPECIFIC „AI= Examples of Straight Stoop frontages. Examples of Sideways Stoop frontages. SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-11 DESIGN GUIDELINES 9 9.4.2 Porch A porch is a semi -private outdoor room that has a floor and "ceiling", but no full walls. It offers the resident a protected place to be outdoors and watch passersby while not feeling too exposed. The cover plane of a porch may be a roof, trellis, balcony or building overhang. The floor of a porch is typically elevated above a yard or public way, at the same level or one step below the entry door sill. A front porch is typically located between the entrance and the public way and serves to transition between the public and the private realm. A porch is an element along an entry procession. The design of a porch is significant to the character and style of a building. Porches may project from the building front (Fig. 9-5) or be fully or partially embraced in the building mass (See Fig.9-6). Porch Design Standards: A. Projecting porches can be partially or entirely in the setback zone. B. Porches that are fully integrated into the building plass are typically located behind the build -to line. C. A porch may be partially projecting and partially integrated, to create multiple planes. D. Porch depth shall allow sufficient space for furnishings for sitting or dining. E. Porch covers need not be solid - a trellis is acceptable. But covers shall be static and permanent. A retractable awning or canopy is not sufficient for a porch. F. Porch lids shall be supported on columns, arches or partial walls. An overhang or cantilever alone does not define a porch. G. Entry doors may be more simply detailed when fronted or framed by a porch, H. Porch floors shall be elevated by at least 4 inches above the adjacent grade and shall be of a distinct material from adjacent paving. Fig November 2017 SPECIFIC PLAN Example of Projecting Porch. Example of Integral Porch. Example of a Porch integrated with a balcony above in multifamily housing. I. Porches should be accessed by steps that can be partially or fully recessed into the porch or may project from the porch face. A ramp may be substituted where required for accessibility and where no other compliant routes are available. J. Railings or low walls at the edges of a porch should continue down the steps with the same design and material. K. The elements of a porch shall be of compatible materials and design with the building and any garden fences or walls. L Front porches may not be fully enclosed with screening or other material. M. Facades facing side streets or common space shall have windows, projections or other architectural features to add visual interest. JU'Th SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-13 DESIGN GUIDELINES 9 9.4.3 Recessed Entry A recessed entry is similar to an integral porch in that the entry door is pulled back into the mass of the building and a semi -private outdoor space is created in the entry sequence. However, the recessed entry is generally more enclosed by the building or site walls. Recessed entries are not necessarily elevated, although they can be. The design purpose is to extend the arrival sequence and create more space between public and private without a large, formal lawn. There is a playful ambiguity to recessed entries. On the one hand, the entry door is more hidden and private. On the other hand, the curiosity created by the hidden or shadowed entry invites the observer to look more closely. Recessed entries are often combined with other frontage elements, such as stoops and porches. Recessed Entry Design Standards: A. Recessed entries are placed behind the build - to line. B. Recessed entries shall be enclosed by at least two building walls. C. Recessed entries shall be covered by a building overhang or a trellis, or a combination of these. D. The overhang or trellis may be cantilevered in a recessed entry. E. Recessed entries that are not raised should be integrated with the yard landscaping. Walkway paving materials should be continuous. F. Facades facing side streets or common space shall have windows, projections or other architectural features to add visual interest. Preferred example of a Recessed Entry. November 2017 SPECIFIC PLANrI 4 4.4 Walled Yard Walled yards are private outdoor spaces between the building and property line that are enclosed by a wall or fence at the property line. The wall or fence presents the same level of detail and visual interest to the public realm as the facade of a building does. Walled yards do not necessarily cover the entire frontage of a lot. They are often most successful when the walls are an extension of building walls at or near the property line. While denoting privacy, walled yards should still offer glimpses of the gardens beyond. Walled yards are often combined with other frontage elements, such as raised yards and entry courts. Walled Yard Design Standards: A. Fences shall be placed at the property line. 8. Solid walls shall be placed within 2 feet of the property line. The space between the wall and property line shall be densely landscaped with plants that climb over the wall or are otherwise integrated with the design of the wall. C. See guidelines for Fences, Walls and Gates for acceptable materials and other design requirements. Materials and style shall be complementary to the building form. D. Fences and walls enclosing yards shall offer some transparency into the garden, particularly at front yards. This can be accomplished by semi-opaque fencing patterns, framed openings in solid walls, see-through gates, or simply by lowering the height of the barrier. E. Gates, when open 90 degrees, shall encroach no more than 18" across the property line, In - swinging gates are preferred. F. Security measures shall be discrete and non- threatening, G. Fences or walls enclosing yards shall be decorative and shall incorporate street furniture elements such as built-in benches, lighting, artwork or potted plants. SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES Figure 9-8 Wa) Preferred examples of a Walled Yards. 9-15 DESIGN GUIDELINES 9 9.4.4 Raised Yard Raised yards are front gardens or lawns that are elevated above the sidewalk. They are particularly useful at Altair to mitigate sloping grades in a creative way, with purpose. Raised yards can be seen as extended stoops that are used as functional space. The steps are placed at the property line, before the yard and at the beginning of the entry sequence. The building and property are elevated, as on a plinth. This arrangement can cause the building to seem more removed from the public realm than other schemes. However, it is not more private. The raised yard can sometimes seem like a stage. Careful design is needed to create a distinct zone without appearing aloof. Raised Yard Design Standards: A. Raised yards are located between the property line and the build -to line, and extend back to recessed entries or to portions of the building that are set back from the build -to line. B. Raised yards shall be contained by short retaining walls that allow some views into the yard. See retaining walls guidelines to follow. Walls retaining raised yards shall be placed at the property line. C. Raised yards more than 6 inches above the sidewalk shall not transition to the adjacent grade with a slope bank. A gradual slope {5% or less) from the build -to line to the property line does not constitute a raised yard. D. Steps shall start at the property line. E. Multiple landings are encouraged where many steps are needed. F. Steps shall be integrated with the design of the retaining walls and yard landscaping. G. Railings or low walls shall be of compatible materials and design with building and retaining walls. H. Large landings that can function as terraces or as places for potted plants and other site furnishings are encouraged. I. Entry doors should be further enhanced with a frame, cover or some architectural treatment that is compatible with the stoop design. J. Facades facing side streets or common space shall have windows, projections or other architectural features to add visual interest. November 2017 SPECIFIC PLAN RI Preferred example of a Raised Yard. Example of a raised yard that does not meet Design Standards. Walls are too high and do not leave enough space between for seating or substantial landscaping. The front wall is set back from the sidewalk, leaving a narrow strip of grass. There are no steps. The overall impression is defensive rather than inviting. ffil SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-17 DESIGN GUIDELINES 9 -- 9A.6 Entry Court Entry courts are outdoor spaces created either by setting back a portion of a single building or by arranging multiple buildings to form a court, or a combination of both. Entry courts may be open or walled. When open, they should be combined with other frontage elements, such as stoops, framed entries and porches. Entry courts may be elevated, but must be accessible, such as a slightly raised terrace. Entry Court Design Standards: See Figure 9-13 for examples of some of these entry court elements: A. Entry courts include both the setback area and space behind the build -to line. B. If used, walls or fences enclosing entry courts shall follow the walled yard design standards as well as the guidelines for Fences, Walls and Gates. C. Entry courts used for vehicular access to parking shall be screened or enclosed. D. Entry courts shall feature enhanced paving, seating, artwork and landscaping that supports these activities. E. Entry courts shall provide clear paths to building entries. F. When an entry court is used at a building or group of buildings with multiple entries, it is not necessary that all entries face the court. G. Buildings adjacent to the street frontage or common space should have entrances facing the public way or some architectural frontage treatment to address the street or common space. November 2017 Examples of Entry Courts at multifamily housing. The top example is preferred because the security gate is set back from the building face and is, therefore, more inviting. SPECIFIC PLAN. Figure 9-10 Entry Court Preferred example of an Entry Court that also serves as a Bungalow Court with detached housing. SPECIFIC PLAN November 2017 DESIGN I 9 GUIDELINES DESIGN GUIDELINES 9 9-20 9.4.7 Shopfront Shopfronts are featured at commercial, mixed- use and live/work buildings and at community institutions. Whereas the previous frontage types define a transition from public to private space, shopfronts are intended to be very public. Shopfronts are predominantly transparent, with walls or columns for structure only. Openings in walls should frame the activity or product within as a display. Shopfronts should stimulate a high level of street activity and visual interest to promote strolling. Shopfront Design Standards: A. Shopfronts are located at the property line, unless set back by an arcade. B. The floor line of the level above the shopfront shall be at least 15 feet above the sidewalk at any point adjacent to the shopfront. C. Shopfronts shall be 75% transparent at the street level, with clear, untinted glass. D. The bottom of the glass shall be no more than 18 inches above the sidewalk, and shall not slope. E. The bottom edge of shopfront glazing shall rest on a sill of tile, wood or stone. Any wall surfaces below glazing shall be decorative, such as mosaic tile. F. The top edge of shopfront glazing shall be at least 11 feet above the adjacent sidewalk elevation, but shall not slope. G. At outside building corners, shopfront glazing shall extend back a minimum of 20 feet perpendicular to the street frontage. H. Unless fronted by an arcade, shopfronts shall have awnings, canopies or a trellis to shade shoppers. I. Clerestory windows are encouraged. J. Entry doors to shopfronts shall be at least 8'-6" high. K. Entries shall be accessible to the disabled, with no step at the door sill_ L. The Master Developer will develop a sign program for City approval. Figure 9-11 Shopfront November 2017 SPECIFIC PLANK !:9 Figure 9-12 Arcade 9.4.8 Arcade Arcades are combined with shopfronts at commercial, mixed-use and live/work buildings and at community institutions. Arcades provide shade and protection in front of shopfronts and present a uniform facade for varied buildings or entries. They also provide a outdoor space that can be lit in the evenings while avoiding light spillage to the night sky. Arcades are similar in appearance and function to galleries, except that they do not encroach over the sidewalk. Arcade Design Standards: A. The front edge of an arcade is located at the property line_ See Figure 10-5. B. The arcade lid shall be solid and can support either a balcony/terrace above or a building overhang. The levels above the arcade shall comply with all setback regulations. C. Arcades in this sense may be supported on columns or arches. D. The spacing and dimension of columns or arches shall align with and be fully integrated with the design and rhythm of the facade or balcony rail above. E. The paving surface shall be of the same material and flush with the adjacent sidewalk. F. The depth of arcades shall be 8 feet minimum and 12 feet maximum from the shopfront face to the front face of the arcade at the property line. I ii SPECIFIC PLAN DESIGN 9 GUIDELINES OCEANSIDE CITY HALL BY IRVING GILL, OCEANSIDE, CALIFORNIA ARCADE AT SANTANA ROW, SAN JOSE, CALIFORNIA November 2017 9-21 DESIGN GUIDELINES 9 - 9.5 Utility Placement and Screening Utility infrastructure such as water, sewer and gas mains and dry utilities will run under streets and sidewalks in public rights of way or in Public Utility and Access Easements (P.U.A.E.'s) in the case of private streets. The street section diagrams in Specific Plan Section 4.2.3 show PUAE and ROW locations for Altair streets. Placement of Rancho California Water District (RCWD) utilities for water and recycled water systems is required to comply with RCWD standards and requirements, including related advanced metering infrastructure antenna. GAS METERS & DEVICES SERVING INDIVIDUAL DWELLINGS SHALL BE LOCATED IN SETBACK 1 ( S'to6' REMAINING SIDEWALK WIDTH UTILITY DEVICES IN 5' TYPICAL PARKWAY WIDTH PADS FOR LARGE DEVICES MAY ENCROACH 1' INTO SIDEWA R.O.W. OR PUBLIC UTILITY & ACCESS Figure 9-13 Utility Locations 1 ALSO SEE FIGURES 4-13 THROUGH 4-34 Utility devices that serve common areas or multiple properties shall be located in parkways between the sidewalk and street curb. If necessary due to size, these equipment pads may encroach into the sidewalk by a maximum of 1 foot, as shown in FIGURE 9-13. If an above ground utility (such as irrigation controls, water valves, etc.) cannot be located within the parkway, the developer may create a "pop -out" easement within the building setback area to accommodate the utility. This would occur in final engineering and site planning. The purpose of such an easement must be to maximize the sidewalk width, ideally up to 7 feet. At utilities in underground vaults, the vault may extend under the sidewalk, as long as the sidewalk remains flat. November 2017 SPECIFIC PLAN• 9.5.1 Preferred Examples: Well placed and screened utility meters. Utility devices such as backflow preventers should be located away from public view and screened with landscaping and/or low walls, or with decorative enclosures approved by the Master Developer. Underground vaults are recommended for transformers, irrigation valves, regulators and meters whenever possible, even when serving detached housing and small Tots. If vaults are not possible, then such utilities shall be screened with landscaping and/or walls or fencing as described in Section 9.6. Such screening must not interfere with the use or maintenance of the device. Residential mechanical equipment such as air conditioning units shall be located on private property and screened with landscaping and/or walls or fencing as described in Section 9.6. Air conditioner compressors should not be near dwelling entries. At civic, commercial and institutional buildings and large multifamily buildings, cooling towers and compressors must be located on rooftops and screened from view, including view from higher elevations. Roof top screening may be accomplished by parapets, trellises or other methods that are integrated into the building's architecture and of materials consistent with the overall composition. Satellite dishes shall be located away from public view. Trash, recycling and yard waste containers in multifamily housing, commercial and instiutional uses shall be located in enclosures to screen them from view from any direction. Refuse enclosures shall have solid covers to prevent rainwater intrusion and windblown trash, in compliance with City of Temecula requirements. Enclosures shall be opaque for at least the height of the refuse container. See Section 9.6 for fence, wall and gate guidelines. Enclosures shall be sized per the City of Temecula Waste and Recycling Guidelines, subject to the City's franchise agreement for refuse and recycling collection and disposal. See Section 7.8 Waste Management for further information. Garage space must be provided for trash, recycling and green waste bins beyond the minimum parking dimensions prescribed in Section 10.9. %/ SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-23 (DESIGN GUIDELINES 9 9.5.2 Examples of Discouraged Utility Placement: These utilities are not screened, block views of the building and obstruct movement. November 2017 SPECIFIC PLANW 9.6 Fences, Walls and Gates Fences and walls are limited to 6 feet high in residential areas and 3 feet high in required front setbacks, except where serving as a guardrail. Fences and walls may only be used for screening of private open spaces, motor courts, utility and refuse areas, and for safety at swimming pools, etc. There are no gated communities at Altair. Fences should not be installed to imply exclusivity or separation from the rest of the community, nor should they impede pedestrian circulation. Fences and screen walls shall be of durable, quality materials: wood, stone, plaster, steel, glass. Chain link fencing is discouraged and is not appropriate in areas visible from public view. Any chain link fencing should be black vinyl -coated. See Section 10.8 for further information. Fences that surround yards are encouraged to have some transparency. This may be accomplished with openings or gates that a passerby may peak through, or the structure of the fence itself may be semi -transparent, such as a picket fence. Fences and walls should be integrated with landscaping. Long fences and walls shall be divided into segments with some rhythm or pattern. Decorative elements such as tile, fountains and niches are encouraged. Glass fences are encouraged around community pools and along ravines and slope banks, where privacy is of less concern. It is preferred that the glass be located above a curb or low wall at sloping grades. EXAMPLES OF ARTWORK INTEGRATED WITH FENCE. I SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-25 DESIGN GUIDELINES 9 9.6.1 Preferred Fence Examples: These fences are of quality materials, are consistent with their adjacent buildings and enhance the public realm. Gates are opportunities for artistic expression. Unique ornamental gates are strongly encouraged, to signify entry as well as provide identity and character to a home. Walls for screening sound maybe necessary in selected locations as identified in the environmental report. While sound walls are typically opaque, the materials used should provide texture and visual interest. Glass is also acceptable at sound walls. Sculptural forms are encouraged. Sound walls should also be integrated with landscaping, 9.6.2 Examples of Discouraged Fence Installations: In the right photo, the gate and security interface are positioned in front of the steps, creating a very defensive impression. The canopy is not suited to the fence. November 2017 SPECIFIC PLANf•Il 9.7 Slopes and Retaining Walls Altair is a sloping site and consequently has areas of extreme grade change. While major areas of elevation change, such as the Eastern Slope, are designed in this Specific Plan, there are smaller examples between homes and around patios and terraces throughout the development. These are designed either as slope banks, retaining walls, or a combination of both. Required standards for erosion control and storm water management at slopes are explained in the Grading section of this specific plan. Slopes and stepped walls are landscaped to prevent erosion and soften their appearance, as described in the Landscape Guidelines. Well-designed retaining walls are encouraged to break up large areas of slope bank. Walls are limited in height per the development standards, although walls may be used in stepped combination to accommodate greater level change. Single, large retaining walls should be avoided. Wherever retaining walls are visible to the public from a road, pedestrian walkway, bike path or from off-site, they are limited to 6 feet in height. Walls may be stepped as shown in FIGURE 9-1a where necessary to retain a taller slope. 1. Laid back segmental walls may exceed 6 feet in height and be used throughout the project as long as: a) they adhere to the wall design standards within the Specific Plan (including landscape screening in areas that are highly visible by the public), and b) they are set back from street curbs (if applicable). 2. Vertical retaining walls may not exceed 8' anywhere in the project. In areas where greater than 8' of vertical walls are desired, the wall system shall be stepped. Small-scale modular materials are preferred at retaining walls: stone, cast stone, brick. Plaster veneer, exposed textured or formed concrete and Gabion meshes are only acceptable in small areas. Segmental concrete block is acceptable only where substantially screened by plant material. The finish of segmental concrete block shall be split -face, ground face or textured. Channel block, wood, timbers, earthbags, shotcrete, galvanized sheet exposed piles, stamped or pebble -finish concrete, kribbing (i.e.Kriblock), and modular plastic are strongly discouraged as exposed materials. All walls shall have caps or tie courses at the top. Wall materials shall be graffitti-resistant or have an anti -graffiti coating. EQUAL 4' MIN. MEM 111.111...1.111.111.110 Public =IRMSPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-27 DESIGN GUIDELINES 9 - ENTRY LEVEL ENTRY LEVEL Figure 9-15 Stepped Buildings Slopes should be resolved through building forms to the greatest extent possible to avoid the appearance of Targe terraced building pads. Larger multifamily buildings on sloping sites should have entry level access for pedestrians on an upper level and vehicular access at a lower level, away from the street. Smaller buildings can also be stepped to either side of a green, alley or motor court by partially submerging lower floor garages, as shown in FIGURE 9-15. 9.7.1 Examples for Retaining Wall Design The following examples display both preferred and discouraged attributes for retaining walls at Altair. All retaining wall designs must be reviewed and approved by the Master Developer. Stone Wall PREFERRED ATTRIBUTES • Integrated with mixed plant palette. • Multiple planes. • Varied textures and sizes DISCOURAGED ATTRIBUTES • Single monotonous wall plane and top elevation November 2017 SPECIFIC PLANrIL Segmental Concrete Wall SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES PREFERRED ATTRIBUTES • Wall cap • Sinuous lines • Ends of walls blend into landscape • Varied coursing DISCOURAGED ATTRIBUTES • No cap • Clumsy wall terminations • No landscape integration PREFERRED ATTRIBUTES • Wall cap • Sinuous lines • Natural color • Planting is in balance with wall height. DISCOURAGED ATTRIBUTES • Unattractive finish • No cap • Drain holes will stain wall • Poor construction 9-29 DESIGN GUIDELINES 9 Formed Concrete Vegetated Wall November 2017 PREFERRED ATTRIBUTES • Low height • Deep plane offsets create an appealing shadow pattern DISCOURAGED ATTRIBUTES • Artificial stone pattern is not appropriate to exposed pile structure PREFERRED ATTRIBUTES • variety of color and pattern in plant palette PREFERRED ATTRIBUTES Wall structure is completely hidden by plants Textured Concrete Gabion Mesh /I SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES PREFERRED ATTRIBUTES • Interesting + unique texture • Abstract pattern DISCOURAGED ATTRIBUTES • Pattern attempts to look like natural stone, unsuccessfully PREFERRED ATTRIBUTES • Interesting mix of colors and materials • Wall plane divided into smaller areas by built-in seating • wall cap DISCOURAGED ATTRIBUTES • Scale is too large • No termination at top or base DESIGN GUIDELINES 9 9-32 9.8 Materials, Textures and Colors Materials should be durable, refined and appropriate to the building style and form, but are otherwise not limited. Limited maintenance of building finishes should be required. Architectural materials should be compatible with surrounding neighborhoods. Buildings should generally have two to four distinct materials, depending on building size, with two material or clor changes on a single facade. Too many materials can be as unattractive as too few. The distinction between materials shall be of texture and pattern, for a rich facade. 9.8.1 Relationship Between Materials: Materials should be used to compliment and support architectural form. Material changes should occur at volumetric breaks or offsetting planes. Material changes within the same wall plane or at outside corners is discouraged, except where necessary to a compelling design. There should be a consistency of design around all sides of a building, with materials and colors wrapping corners. Monotonous or overly consistent lines between colors or materials are discouraged. Appropriate edging and transitions shall be provided between materials, such as trim boards, reveals, edge beams and wall caps. All transitions shall be properly flashed to prevent water intrusion or material failure. 9.8.2 Materials at the Base of a building shall have a hard surface. The exclusive use of stucco is not appropriate at the ground floor of commercial, mixed use, live/work, civic or institutional buildings. Base materials should not be of a lighter quality than materials above. 9.8.3 Veneer Materials such as brick, tile and stone shall wrap outside corners and jambs and only terminate into perpendicular planes. The installation and detailing of brick and stone should be consistent with the historical use of these materials as bearing walls: solid corners, true bonding patterns, struck mortar joints, lintels and wall caps. November 2017 SPECIFIC PLAN 9.8.4 Color Palettes should not be limited to earthtones. Facades should be developed with layers of color, accent colors and contrasting trim. Contrasting cool and warm tones are encouraged, such as warns natural wood against concrete or stucco. 9.8.5 Reflective Materials such as reflective glass or sheet metal should only be used in very small areas where necessary for a compelling design. Darkly tinted glass is discouraged, especially in residential buildings. Shop fronts and community buildings should have highly transparent glazing. 9.8.6 Sloped Roof Materials shall be tile, metal (standing seam or shingle), or slate. Asphalt shingles are discouraged. Wood shakes or shingles are prohibited due to combustibility. Non-combustible (cementitious) alternative shakes may be allowed upon review of a mock-up installation. Integrated solar roof tiles are strongly encouraged. 9.8.7 Roof Drains should be internal wherever possible. Where gutters and downspouts are utilized, they shall be harmoniously integrated with the building design and of highly durable materials. Damaged gutters and downspouts shall be replaced immediately. 9.8.8 Decorative Paving such as brick or concrete pavers, stone or integrally colored concrete is encouraged as an accent to call attention to building entries, celebrate viewpoints or special places, and to clearly demark pedestrian paths such as cross -walks. For large paving areas pervious, light-colored paving should be used to reduce both storm water run- off and heat island affect due to solar absorption. Accent bands can be of darker materials . 9.8.9 Accessory Elements such as screen walls, secondary structures or carports should complement or match adjacent primary buildings in material selection, color and texture, as well as form. • f iSPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-33 DESIGN GUIDELINES 9 /D■ : UM ONO WI Pi _ OM ■'' MO ■; MAI NOM MEMO 31t 5 .: fI■ IN 11 l 9.9 Public Art Public art is important to the success of any pedestrian environment and is, therefore, strongly encouraged throughout the community. Art enlivens spaces, aids wayfinding and serves to identify significant places. Public art can vary in scale from grand monuments to small discoveries on a quiet path. Playful art is especially appropriate in areas like playgrounds, parks, and swimming pools that are frequented by children. Everyday functional items such as bike racks, water fountains, benches, picnic shelters or trash receptacles can exhibit whimsy, craft and creativity. Common spaces should incorporate art features where possible. Art installations should be durable and protected from damage. November 2017 SPECIFIC PLANFJI Sculptures on the Lackawanna River Heritage Trail in Pennsylvania The City of Temecula requires new development to contribute to Art in Public Places in accordance with Section 5.08 of the Temecula Municipal Code through impact fees. Recognizing that public art is a great community amenity, the Master Developer intends to install artwork throughout Altair and to then seek reimbursement of fees paid towards Art in Public Places, equal to the cost of the art and its installation costs. These installations will be in prominent locations used by the public, as seen in the examples shown in this Specific Plan. Guest developers may also choose to install permanent public artwork within their projects and may also seek reimbursement of their impact fees. SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES Li DESIGN GUIDELINES KEY PLAN LEGEND: 9 16 Q 1, PLANTING 2. SCULPTURE / SPECIMEN TREE 3. COBBLE 4. PAVERS IN ROUND -A -BOUT 5. DECORATIVE CONCRETE 6. CROSSWALK CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLAN WC 9.9.1 Roundabouts Altair features three roundabouts to calm traffic while improving traffic flow. They also serve as artistic landmarks for the community. Each roundabout has a variety of shrubs, grasses and ground cover, boulders and cobbles as well as sculpture. Decorative pavement such as brick, granite cobbles or concrete unit pavers within the street surface further enhance the roundabout and provide a physical texture change to help slow drivers. Figure 9-17 Roundabout 1 - Elevation CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. Roundabout "1", FIGURE 9-16 (Plan) and FIGURE 9-17 (Elevation), located in front of the school site includes a specimen Coast Live Oak and sculptural elements surrounded by shrubs, grasses, boulders and cobbles potentially quarried onsite during grading operations. /r/SPECIFIC PLN November 2017 DESIGN 9 GUIDELINES 9-37 MN= IDESIGN — GUIDELINES 9 KEY PLAN LEGEND: 1. PLANTING 2. SCULPTURE 3. COBBLE 4. PAVERS IN ROUND -A -BOUT 5. SPECIAL PAVING 6. TREE PITS WITH PLANTING 7. CROSSWALK 6 CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLAN • Figure 9-19 Roundabout 2 - Elevation CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. Roundabout "2", FIGURE 9-18 (Plan) and FIGURE 9-19 (Elevation), located at the Village "C" core adjacent to the Private Recreation Center and Village "C" Core Park includes a pedestrian zone with tree planters and benches connecting the various residential, commercial and recreational spaces. Roundabout "3", FIGURE 9-20 (Elevation) and FIGURE 9-21 (Plan), located at the extension of First Street includes a large sculpture and a variety of planting species in a banding pattern including shrubs, grasses, boulders and cobbles potentially quarried onsite during grading operations. IMMIMIIIMIIbbout 3 - Elevation CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. I. SPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES DESIGN GUIDELINES 9 KEY PLAN LEGEND: 1 1. PLANTING 2. SCULPTURE 3. COBBLE 4, PAVERS IN ROUND•A-BOUT 5. BIKE PATH 6. HIKING TRAIL 7. DECORATIVE CONCRETE 8. CROSSWALK oundabout 3 lgt CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLAN F7 9.10 Monuments and Gateways 9.10.1 Entry Statement Monument Plan Major and Minor Entry Statement Monument locations are illustrated in Figure 9-23. Major vehicular entries are located on the south and north ends of the Western Bypass and on the east at First Street. The intent of the major monuments is to denote arrival into Altair and to begin to convey the design theme of the community. Three alternatives are included to illustrate the look and feel of the major monuments at a conceptual level_ NO OBJECTS OVER 36" HIGH IN VISIBILITY TRIANGLE PER SECTION 10.9 CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. Major Entry MQnpment-Alternative A Alternative A, FIGURE 9-22 and FIGURE 9-23, shows a low, linear sign wall in the modern rustic motif. The materials consist of torten steel and natural colored concrete. The lettering is a large san serif font easily read from a distance. Native planting and boulders surround and frame the sign but do no block the letters, and a large Coast Live Oak tree is used as an accent. A plan view illustrating the typical location of the major monument is illustrated in FIGURE 9 - 24. I. SPECIFIC PLAN CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 DESIGN 9 GUIDELINES DESIGN GUIDELINES 9 0 Entry Monuments Gateway Bridge November 2017 0 300' 600' 1200' SPECIFIC PLAN Major Entry Monument-Altemative B Keeping with the modern rustic motif, the Alternative B, FIGURE 9-25, features a corten steel sign panel mounted on a gabion wall, The gabion wall stone may be potentially quarried onsite during the mass grading operations. The lettering is a large san serif font easily read from a distance. Native planting and boulders surround and frame the sign but do no block the letters, and a large Coast Live Oak tree is used as an accent. Figure 9-25 Major Entry Monument B - Elevation CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. Major Entry Monument-Attgmative C Alternative C, FIGURE 9-26, is an angled chevron shaped wedge acting as a retaining wall. This corten steel sign wall maintains the modern rustic motif and provides visual interest with planting spilling over the top. The lettering is a large san serif font easily read from a distance. Native planting and boulders surround and frame the sign but do no block the letters, and a Targe Coast Live Oak tree is used as an accent. IMINEKLMajor Entry Monument C - Elevation filMSPECIFIC PLAN CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 DESIGN 9 GUIDELINES DESIGN GUIDELINES 9 9.10.2 Major Vehicular Entries The north entry to Altair is at the intersection of Altair Vista and the Western Bypass. This is a major 4 -way intersection with entries on both sides of the Bypass. The south entry is just east of the Bypass before it crosses Murrieta Creek. This entry features open space on two levels separated by stepped retaining walls and landscaping. The lower open space also functions as a drainage basin and will be planted accordingly. The upper open space is a small park at the elevation of Village F, offering vistas to the southeast. Monument signage will be integrated with the retaining walls. The east entry is at the current terminus of First Street. It features a roundabout 9.10.3 Gateways In addition to the entry monuments discussed above, the bridge linking the north and south portions of Village Cfunctions as a gateway into Altair, as seen in FIGURE 9-27. The bridge is a significant symbol of the Altair community as seen from Old Town. This bridge spans over the linear walkway leading from the central park to Main Street and frames the axial view from City Hall up the hillside to the community center and beyond. The bridge connects the two sides of "A" Street in Village C and will carry both vehicular and pedestrian traffic. Therefore, this bridge will be of substantial construction and size. An arched span would also be appropriate here. 9.10.4 Village and Neighborhood Entries Village identifiers are commonly located in the focal parks or greens of each village. Monument signs that imply a separate product type or community segregation are to be avoided. Signage should be unique to each village and have a neighborhood quality. Figure 9-27 Gateway Bri CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLAN 9.11 Wind Screening Due to location and topography, prevailing winds at Altair blow from west to east and are stronger in the afternoon. Cool air from the ocean warms as it moves eastward and is then forced up over the ridgeline just west of Altair. The air then picks up velocity as it drops down the east face of the ridge and across the Altair site. The design of all outdoor spaces, especially roof decks, should consider orientation, landscaping and walls to screen against wind and to maintain the comfort of occupants. Courtyards are very appropriate to shelter open space from wind. Water features in particular must be designed and located to avoid overspray in windy conditions. LESS THAN 0.5% LIGHT INTENSITY ABOVE 90° HORIZONTAL PLANE - 90° 80° MAXIMUM 10%LIGHT INTENSITY IN FIRST 10° BELOW HORIZONTAL 9.12 Outdoor Lighting Altair is located approximately 20 miles from the Palomar Observatory. Therefore, exterior lighting must comply with the Zone B restrictions of the Mount Palomar Lighting Ordinance (Riverside County Ordinance No. 655). All fixtures shall have International Dark -Sky Association (IDA) seal of approval. LED lighting shall have a color temperature of 2700K or below to minimize blue light. Exterior lighting should provide for the security of pedestrians. However, too much lighting can be uncomfortable and distracting to neighbors. Development at Altair has been carefully sited to be unobtrusive when seen from other parts of the City. Outdoor lighting should be consistent with that goal. Large areas of lighting or high lumen levels that cause the community to "glow" shall be avoided. Parking lot lighting shall be carefully designed to minimize bright areas that can be seen from Old Town and environs. Light poles should be shorter, so that trees screen upward glare. Light fixtures shall incorporate cut-offs and appropriate lenses to eliminate glare and light spillover to adjacent properties. An even level of light along circulation routes is safer than contrasting areas of brightness and shadow. SPECIFIC PL"'. November 2017 DESIGN 9 GUIDELINES 9-45 DESIGN GUIDELINES 9 9-46 Light fixture types can help identify different levels of circulation: pedestrian -scale pole lights at public plazas, sidewalks and major walkways, low-level lighting at more private paths and trails, taller poles at vehicle -only roads. Accent lighting shall also celebrate important community design features and monuments. Only structures that are important to community identity, such as the tower or gateway bridge, shall be lit. Lighting of residential or commercial buildings is strongly discouraged. Street lights along Altair Vista should be of a consistent style, material and color. However, some variation in the pole base, or in accessories such as banners, is allowed to distinguish a village or special location. Integration of other systems - such as microcelss, wi-fi, speakers or emergency beacons - into street light poles is encouraged to mimimize redundant support structures. 9.13 Streets The streets of Altair are one of its' most important characteristics. In order for Altair to be a successful development, its' streets must have definition. They should have boundaries, usually building walls of some sort, that communicate where the edges of the street are, that set the street apart, that keep the eyes on and in the street, that make it a place. Width of the street and height of buildings, that create the boundaries of the street, set the stage. The horizontal to vertical proportion of a street determines the scale and character. The elements that are placed in the street, such as trees, landscaping, lighting and street furniture, help to humanize the street Color and material of horizontal and vertical planes of buildings contribute to the beauty of streets as well but on their own merits will not make a street successful. Spacing of buildings along the street also contribute to the definition of streets. The closer buildings are placed gives the street clearer definition. All of these elements, to a greater or lesser degree, contribute to the beauty of the neighborhood. Chapter 4 deals with the design of the principle streets included in the Grading Plan and Tentative Map. The street sections and axonometrics illustrate the quality and design intent of the streets in Altair. The secondary streets that will make up the network of streets within each village should have the same level of quality. Streets should be kept as narrow as practicable, with street parking, trees, landscaping and urban furniture to help beautify and provide a pedestrian - scaled environment. Linking the project's private drives with the surrounding streets is vital for the neighborhood and the rest of the community to avoid the characteristics of a "gated community" that isolates a project and erects barriers. Multiple entry points to the site increases connectivity to the community while providing more convenient circulation for residents and neighbors. Street Standards A street grid scaled for people is fundamental. Streets suitable for pedestrians should avoid excessive block lengths. The objective is to avoid a condition where pedestrians are forced to walk lengthy routes to get to their destination. Long blocks limit travel direction and increase travel time, distance and inconvenience for pedestrians. Pass-through points at mid -block and/ or at the corners of the development should be utilized to enhance walkability and encourage foot traffic to surrounding villages, local businesses, schools and community amenities. In order to accomplish this objective, there shall be a maximum 300 -foot distance between cross -streets or pedestrian paths to adjacent streets. November 2017 SPECIFIC PLANK PREFERRED: URBAN GRID STREET PATTERN DISCOURAGED: SUBURBAN STREET NETWORK wnH CUL-DE-SACS Figure 9-28 Street Organization Pedestrian only streets (paseos or mews) are highly encouraged to improve walkabilty. Paseos can be as narrow as 6 feet wide with adjoining yard setbacks of up to 10 feet. Where residential yard setbacks are not provided, the width of the mews shall be a minimum of 15 feet. To ensure the durability and longevity of road surfaces, upgraded concrete pads shall be utilized in turn -around areas used by heavy utility vehicles such as trash collection trucks within the project. All streets must be capable of bearing an 80,000 pound gross vehicle weight for fire trucks and equipment, per the Temecula Municipal Code and California Fire Code. 9.14 Signage Community -wide Signage Guidelines will be submitted and reviewed as more precise design evolves at Altair. Signage shall follow the general standards established in Temecula Municipal Code Chapter 17.28 Article 1, except that commercial signs are not prohibited next to residential areas and signage is allowed on awnings and canopies that project into the public right of way per Figure 10-4. The Guidelines should allow for stylistic variation between villages. There should not be a single signage theme or material used uniformly throughout Altair. Design, materials and color should support and celebrate the character and identity of the particular village, and not individual developments. While sub -development name signs are allowed for way -finding, they should be discrete and must not compete with other village signage for visibility. Signage for multifamily housing, commercial and institutional buildings should be mounted on the buildings, except at the Civic Site and school, which may have each have one major and one minor free-standing monument sign. Sign standards are discussed further in Section 10.5. Where these standards are more restrictive than those in the Municipal Code, the standards in this Specific Plan shall apply. Project Pre -application Submittal requirements for signage are outlined in Section 11.1.3.(2). Street identification signs should be consistent throughout Altair. They should be simple and legible from a safe driving distance and at night. Street signs or sign supports are not allowed to span over streets. fflSPECIFIC PLAN November 2017 DESIGN 9 GUIDELINES 9-47 DESIGN GUIDELINES 9 9.15 Accessibility Altair strives to provide a supportive neighborhood for an inclusive population, especially those with physical disabilities. Development at Altair will fully comply with all applicable accessibility guidelines and regulations of the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) and California Building Code (CBC). Builders are strongly encouraged to go beyond these baseline requirements to meet the specific housing needs of the disabled. An example would be dwelling units and common spaces equipped with visual aids and open floor plans to assist the Deaf and increase resident safety. Builders are also encouraged to offer customized dwelling amenities to meet the particular special needs of buyers. November 2017 SPECIFIC PLANK DEVELOPMENT STANDARDS I aikair 10 DEVELOPMENT STANDARDS 10.1 Application These Development Standards should be used integrally with the regulations set forth in Section 3 Land Use, the village descriptions in Section 3 and with Section 9 Design Guidelines. 10.2 Zoning Unless otherwise indicated, the standards described below and in other sections of this Specific Plan replace Chapter 17.06 "Residential Districts" of the City of Temecula Development Code in its entirety. Development regulations for the Altair Specific Plan are prescribed in the following Tables 10-1 and 10-2. Uses listed in Table 10-1 are as defined in the City of Temecula Development Code with the following additions: Live/Work means a dwelling unit with both residential and commercial uses, wherein the commercial space is at the ground floor and the commercial or business activity is conducted by the resident of the contiguous dwelling unit. Commercial activities are limited to the nonresidential and commercial uses allowed in Table 10-1. Community Gardens are shared land areas that are collectively farmed or gardened. They may be sub-divided into individual plots, each maintained by a single gardener or family, although that is not mandated. At Altair, community gardens are intended for the cultivation of non- commercial produce and ornamental plants to be consumed by local residents, The raising or use of animals is not permitted. 10.2.1 Prohibited Uses: The following uses are prohibited in all zones: Adult Entertainment Business Drive-Through Businesses Marijuana Dispensary Tattoo Studio Pawn Shop Donation Center ( temporary donation collection events are allowed ) Gas Station 10.3 Height Limits and Vertical Projections Building height limits listed in TABLE 10-2 are to highest roof deck. Roof parapets, railings, spires, flues, chimneys, elevators, mechanical equipment and screens, antennas, or similar architectural, utility or mechanical features may extend an additional 15 feet beyond the listed height limit. Building height shall be measured from the lowest of either pre-existing grade or proposed finished grade, as defined in City of Temecula Development Code Chapter 17.34 "Definition of Terms". Buildings greater than 55 feet in height from the lowest floor of fire department access shall provide certain high-rise provisions in compliance with Section 15.16.020-1.1.7.1 of the Temecula Municipal Code. 10-1 l %SPECIFIC PLAN November 2017 DEVELOPMENT STANDARDS 10 r10-2 Le end P Use is permitted in subject zone C Use is conditionally permitted subject to the approval of a Conditional Use Permit (CUP) Use is prohibited in subject zone Notes 1 Parking for park visitor use only. 2 Conform with Housing Type regulations per Sections 10.10-10.22. 3 A CUP is required if use is added after initial development. 4 Conform with "accessory dwelling" regulations per Sections 10.11-10.22. s Permitted only as an ancillary use to the Nature Center. 6 Only a park ranger's residence Is permitted, subject to City design review. 7 See Temecula Municipal Code Section 17.10, Supplemental Development Stds. Table 10-1 Permitted Uses AdawalIMI November 2017 SPECIFIC PLANrII Open Space Residential Mixed Use Public/Institutions Description of Use 1 ZONE: SP -AO SP -NO SP -R SP -M SP -MR SP -E SP -C Residential 2 Single-family detached Duplex (two-family dwellings) Single-family attached (greater than two units) Multiple -family - - - - - - - P P P P P P P P - P P P P P P - P P - - - - - P 6 _ - - - Manufactured Homes Mobilehome Park Efficiency / Micro- Units 7 Secondary Dwelling Unit 1 _ - - - - - - - - - - P P Group Homes Congregate care facilities (elderly or disabled) Residential care facilities 7 (for elderly, disabled, mentally disordered, dependent or neglected children) Recovery or treatment facilityC 7 - - -- - — — - - - C C C C C C - C c C - - - - - - - Guest House 4 Boarding, rooming and lodging facilities 7 Bed and breakfast establishment 7 - - - C C C P P P P P P - - - Family day care homes Live/ Work Home Occupation - - - - - - P P P P P P P P P - - - - Nonresidential Day care centers Educational, K -8th grade Educational, trade or vocational school Higher Education Nature Center / Visitor Center Conference facility Libraries Museums and galleries (nonprofit) Nonprofit clubs and lodge halls Religious Institutions Hospital and Ancillary Medical Office - - - - - - - - - - - - - P 3 - - P 3 P 3 P 3 - - P - - - - P P P C - C - - - - - P P P C P P - - - P P - C - p P s P 5 P s - - Commercial Retail Restaurant Offices - - - - - P P P P P P P P P - - P s P 5 P s _'pen Space Community Gardens Athletic Field Bicycle Paths / Trails Communications and microwave installations Game courts, badminton,tennis, racgetball Nature centers / exhibits Parking Areas Picnic group facilities Private parks and recreation facilities Public parks and recreation facilities Recreational vehicle park Riding stable, public or private Shooting galleries, ranges, archery courses P P P C P P P 1 P P P - - - C - C - C - C - - - P P C P P P P - - - - P C P - P - P - - - - - - P C P - P - P C - - - P p P C P P P P P P - - - C . P C - P P 1 P P P C - Le end P Use is permitted in subject zone C Use is conditionally permitted subject to the approval of a Conditional Use Permit (CUP) Use is prohibited in subject zone Notes 1 Parking for park visitor use only. 2 Conform with Housing Type regulations per Sections 10.10-10.22. 3 A CUP is required if use is added after initial development. 4 Conform with "accessory dwelling" regulations per Sections 10.11-10.22. s Permitted only as an ancillary use to the Nature Center. 6 Only a park ranger's residence Is permitted, subject to City design review. 7 See Temecula Municipal Code Section 17.10, Supplemental Development Stds. Table 10-1 Permitted Uses AdawalIMI November 2017 SPECIFIC PLANrII DEVELOPMENT 10 STANDARDS Standards Village 1jI,:, .. 3 village C Village D Village E Viari,;c F Vi ie;;c 5 School 1 Civic t, t, min. maxl min. max? min. max] min. max.' min. max.3 min. maxP min. max, min. max.3 min. max} lot Minimum Lot Area N/A Minimum Lot Frontage Determined by Building Type. See Sections 10.10-10.18 and Table 10.4 Setbacks (feet) 1.2 From Altair Vista Property Line 3 4 10 4 3 10 3 5 5 0 5 5 0 5 5 3 - 3 5 From Western Bypass ROW 20 130 20 100 10 10 From Ridge Park Drive ROW 20 150 From Coromell Trail ROW 3 From "A" Street Property Line 0 5 From Camino Estribo ROW 10 All other Lot Lines 0 - 0- 0 - 0 10 0 10 0 10 0 10 0 - 0 Maximum Height (feet) 6.7 65 70 75 65 55 55 55 50 50 Maximum Stories S 5 5 4 4 4 4 2 2 Other Requirements Park Space Minimum total area 0.95 acre 0.60 acre 5.00 acres 0.80 acres 0.50 acres 1.00 acres 0.35 acre 2.00 Minimum contiguous area 0.65 acre 0.40 acre 5.00 acres 0.80 acres 0.25 acres 040 acres -- 1.50 Common Open Space (sq. ft. per unit) Determined by Building Type. See Section 10.10-10.18 and Table 10-4 Private Open Space (sq. ft. per unit) Determined by Building Type. See Sections 10.10-10.18 and Table 10.4 Allowable Building Types Detached Housing (Section 10.111 • • 1 • • • ■ . 1 Multiplex (Section 10.12) a ■ ■ ■ 1 • • , a Rowhouse (Section 10.13) a • • ■ • ■ • 1 a Live / Work )Section 10.14) • ■ • is • O a Multifamily Walk -Up (Section 10.15) • • ■ ■ ■ ■ ■ • 8 Multifamily Podium (Section 10.16) • ■ ■ ■ ■ • 8 Micro Unit (Section 10.17) ■ • ■ 1 ■ ■ .a Mixed Use (Section 10.18) ■ • ■a Iconic Tower (Section 10.19) ■ Civic Buildings (Section 10.201 li ■ School Buildings (Section 10.21) ■ Community Buildings (Section 10.22) • ■ • • • ■ ■ Notes: 1 Setbacks do not apply to interior lot lines. 2. See Section 10.4 for allowable encroachments into setback area. 3. At least 30% of the building frontage area must comply with the maximum setback. See Fig. 10-1 4. Measured from Boundary Road easement at Village A. 5. May be increased to 8 feet maximum where an arcade is provided per Section 9.4. 6. Structure height is measured as the vertical distance from the grade established by the Grading Plan exhibit referenced in this Specific Plan to the highest point of the parapet of a flat or mansard roof, or to the mid -point of a gable, hip or gambrel roof, Screened mechanical and electrical equipment, chimneys, towers, railings and other integral parts of a building or structure occupying no more than five percent of the roof area shall be excluded from this measurement. Photovoltaic panels and their support framework may be excluded from this measurement. 7. Buildings greater than 55 feet in height from the lowest floor of fire department access shall provide certain high-rise provisions in compliance with the Temecula Municipal Code and California Fire Code. 8. If the School District elects not to receive the land, the land may be developed with the indicated residential uses. Setback and height regulations will match Village B. The park space requirements remain. =PA SPECIFIC PLAN November 2017 10-3 DEVELOPMENT STANDARDS 10 - 10.4 Setbacks and Build -To Line Required setbacks are determined by the fronting street or boundary within each village per TABLE 10-2, not by zone. Setbacks are required only at the designated street and boundaries. There are no setback requirements at interior lot lines, streets or alleys within the village limits. 10.4.1 Build -To Line: These standards enforce a build -to line to define the streetscape and enhance the pedestrian character of Altair. Build -to lines are required at all street frontages listed in Table 10-2, so there may be multiple build -to lines on a lot. The build -to line is established by the placement of the building relative to required setbacks. The build -to line is essentially the front vertical plane of the building enclosure. To encourage multiplane facades, between SO% and 100% of the building front at street level shall be at the build -to line. Between 40% and 80% of the building front at upper levels shall be at the build -to line. The frontage -facing plane(s) of the remainder of the building must be within 30 feet maximum of the build -to line. 10.4.2 Encroachment into Setbacks: Architectural features including wall projections, eaves, overhangs, extensions, decorative materials and artwork may extend into the required setback zone. Porches, balconies, steps and landings, awnings and canopies (with or without vertical support) may encroach into setbacks, provided that the aggregate of these elements does not exceed 75% of the frontage length. Bay windows and chimneys may encroach no more than 2 feet 6 inches into setbacks. November 2017 SPECIFIC PLANFI VOWING MEGM1 �B TABLE 10-2 --ENTRY OVEALYCS & ORNAMENT w� PROJECT I<10 THE SfIBtd WEMS OR lA wu 9*i NPT MIMI I S[ d0 OE PROPERTY LAE —SLOOPS WY H LOCATED Pi TIE SETMp WOW Mt 1�E IO -7 a i Figure 10-2 Allowable Setback Encroachments - Stoop IMSPECIFIC PLAN DEVELOPMENT 10 STANDARDS Mr 10-3 AI ck Encroachments - Walls+Trellises November 2017 10-5 DEVELOPMENT STANDARDS 10 - $ BUILDING HEIGHT PER TABLE 10-2 BITIJX , MORNS MD ROOF 01#100MGS MORE TNAN vERTIdi iY ABOVE THE SWIM wr CTEAH11V1C THE PROPERTY LK BY lP TO Y-0' Hall -MOUNTED AR6NG5 DR CM ODES ACRE THMN %TRTG1 iY ABM THE SKIM wY OVET MRC DE PROPERTY INE of UP TO a-0'. BLADE SIGHS M~Y ChERNINO PROPERTY LDE BY 3' o'. BIJLT-M PUNTERS *TX BE LOCATED M 1FE SETS X SERVO PER TAW 16-2 rigure 10-4 All table Setback Encroachments nies November 2017 SPECIFIC PLANf'1I "BUILDING HEIGHT PERITABLE 10-2 B.ILCONES MORE $WI YER1 I4.1Y ABOVE NE SIOEWAIJ WY OYEIB WC THE Roma - MC SICWCE MAY PR4IECT IIWWO S1&CK ARCADES OR MORES SUPPORIED UN CO-ULO S WY WI LYIENJ FOND 1)4 PROPERIN iP .!1&i% WL)i LL N ( • 10 if 0 X MINI AN NW( I PM= 110 fAll UI M AtE D Al 8104111 I nts _ A • I%R%SPECIFIC PLAN Novsmbor 2017 DEVELOPMENT 10 STANDARDS (DEVELOPMENT STANDARDS 10 — 10-8 10.5 Signage Signage shall follow the general standards established in Temecula Municipal Code Chapter 17.28 Article 1, except that commercial signs are not prohibited next to residential areas and signage is allowed on awnings and canopies that project into the public right of way. 10.5.1 General Sign Standard"; 1. A community -wide Sign Program for the Altair Specific Plan area may be submitted to the Planning Department for approval. 2. Individual development projects shall include signage exhibits with each Pre -Application Submittal to the City of Temecula per Section 11.1.3 (2). 3. All signs erected or modified in style, color or construction shall obtain a sign permit and shall be consistent with the Altair Sign Program and with approved Pre -Application exhibits. 4. Pylon signs and internally illuminated cabinet signs are prohibited. 5. Internally illuminated channel letters are discouraged. External illumination is preferred at all signs. 6. Illumination for signs must comply with the Zone B restrictions of the Mount Palomar Lighting Ordinance (Riverside County Ordinance No. 655) and with the MSHCP Urban/ Wildlands Interface Guidelines. 10.5.2 Building -Mounted Sign SSlndards: 1. Building signs include wall -mounted, window, blade and awning signs. 2. Commercial and office uses may have two signs for each business. The signs may be of two different types listed above. 3. Signs shall not be located above the finished floor elevation of the level above street level. The only exception shall be for only retail or restaurant uses above street level, where a sign for that establishment may be mounted at the main floor level for that retail or restaurant space. Sign Band Integrated with Architecture Window Sign No Signs Allowed Floor Line Signs Permitted Figure 10-6 Building -Mounted Signs November 2017 SPECIFIC PLANW,. 4. Signs shall be integrated into the building's architecture in style, location, proportion and materials. Building designs should provide logical locations for signage, while avoiding monotony across a long facade. 5. Sign colors shall provide sufficient contrast to be clearly legible, while complimenting the color scheme of the building. 6. Signs are allowed on awnings. Awnings may project into the public right of way or street easements per Figure 10-4. 7. Awnings shall be of canvas or other durable fabric. Hard plastic or vinyl awnings and internally illuminated awnings are prohibited. 8. Window signs are allowed in commercial, institutional, live/work and mixed-use buildings, but should not block or obscure transparency. Window signs are only permitted at street level. WINDOW SIGNS THAT BLOCK TRANSPARENCY LIKE THESE SHADE SIGNS ARE PROHIBITED 9. Blade signs are allowed and may encroach into setbacks as shown in Figure 10-5. Blade signs may also project into the public right of way or street easements by up to three feet. 10. The vertical clearance below blade signs and hanging signs shall be 8'-0" minimum. 11. Blade signs shall not be internally illuminated. 12. See Building Types in Section 10.10 through 10.22 for other restrictions on signage. 10.5.3 Monument sign Standards: 1. Each residential development is limited to one (1) monument sign. 2. External illumination is required far monument signs. 3. Monument signs shall be integrated into the landscape design. 4. Monument signs are limited to one place name or business name, except directional signs may include multiple place names. 5. Monument signs for residential developments are limited in size to 32" high and 60" wide. DEVELOPMENT 10 STANDARDS Figure 10-7 Monument Signs 10,5.4 Sign Size and Scale: Signs shall be of an appropriate size and scale for a pedestrian, smart growth neighborhood. Auto - oriented signage is discouraged. Signs shall not be oriented toward the freeway or Western Bypass. =IMISPECIFIC PLAN November 2017 10-9 DEVELOPMENT STANDARDS 10 10-10 10.6 Conceptual Landscape Plan The landscape at Altair will be a key contributor to creating the community's sense of place. The plan will feature natural (native) landscaped open spaces and natural materials such as boulders and cobble contrasted with contemporary elements and materials of design such as corten steel or gabion walls. The preserved and restored natural open space, the Western Bypass streetscape and the Coromell Trail streetscape will lean towards a natural feel similar to the surrounding hillsides, while the urban villages, village streetscapes and parks will have a more refined contemporary flavor. Primarily native as well as non-native low water use plants will be introduced into the urban village areas and parks using clean, geometric patterns. Figure 10-8 categorizes the primary landscape tree types, quantity and arrangement for Altair along with areas of preserved open space and restored open space. Tree types are categorized in Appendix A. (This list is intended as a general guideline and is not all inclusive.) Restored natural open spaces and slopes will utilize the "Tyson Method" supplemented with additional native container stock and/ or seed. The Tyson Method removes (scrapes) the existing vegetation and top layer of seed -bearing topsoil from native areas slated for mass grading, grinds the plant/topsoil mixture and stores it in windrows, then redistributes the material back onto the surface of the completed manufactured slopes. This provides a natural seed bank and mulch material which helps to prevent erosion and encourages natural regrowth of the former vegetation. Container stock and seed for open space restoration (excluding trees) shall be propagated and collected from existing open space areas to ensure genetic compatibility and planted in addition to the Tyson Method mixture. Open space drainage draws, bioretention areas and bioswales shall be landscaped with native riparian vegetation. The list of shrubs, groundcovers and vines in Appendix A provides an opportunity to create a predominantly low water use landscape within the landscape theme of the community. (This list is intended as a general guideline and is not all inclusive.) Figure 10-9 through Figure 10-12 conceptually illustrate the landscape of each Village Planning Area. Building massing is shown on these exhibits only in order to convey potential landscape areas and urban fabric as related to the landscape, trails, bikeways, key walkways, streets, parks, and open space. Figure 1043 shows the location of street trees referenced by street in Appendix A, Plant Lists. Trees shall be selected from the range of species designated for each street. Please refer to the Circulation Plan -Vehicular, Circulation Plan -Pedestrian/ Bicycle, Open Space and Recreation Plan, and Entry Statement Monumentation Plan for additional design requirements and landscape illustrations for each of those planning categories. November 2017 SPECIFIC PLAN ,� ,o PRESERVED/ RESTORED OPEN SPACE Rd + VILLAGE `A' PARK VILLAGE `B' PARK CLUBHOUS UPPER STAIRCAS SEATIN PLAZA PROMENAD SCHOOL RECREATION HOA RECREATIO CENTER VILLAGE 'C' CORE PARK MAIN ST. PLAZA OLD TOWN GRAND STAIR VILLAGE 'D' PARK e Pian =ffillSPECIFIC PLAN CONCEPTUAL PLAN ONLY: ACTUAL DESIGN MAY VARY. November 2017 DEVELOPMENT 10 STANDARDS DEVELOPMENT STANDARDS 10 C j7 NATURAL SLOPES LISNG TYSON f I I ►F 11400 lf/DROSFED AND CONTAINER STOCK PER LATOSCAPE OMELSER, TYP !TOPMAST /YS6A11D1 PRESERVED OPEN SPACE ■TEMPORARY SLOPES HYDROSEED PER LMQSCAPE OUIDELNEB TYP AEMPOLWSLYfpOA1EO) TREES CONCENTRATED AT TOE OF SLOPE FOR A NATVRAL CONRACVER NATURAL SLOPES USING TYSON METHOD • HYDROSEED AND CONTAINER STOCK PER LANDS-/ PE GUIDELINES (PEIN ANENTLY I RPATFD) TREES CONCENTRATED Al Tot Or 9L OPE roR A w1/URAL CN RACTER AND TO PRESERVE SCENIC VIEWS TYP WE9TERN BYPASS TREES CLUSTERED WITH VARIABLE SPACING FROM 1r TO 108' WITH AN AVERAGE COUNT iCr CEN TTA lure 10-9 ` STREET TREES WHIN URBAN VILLAGES SPACED 2r 0 C 10 REDUCE URBAN HEAT ISLAND fKECT APO TO PROVOS SHADED SIDEWALKS TYP CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. Novomb.r 2017 SPECIFIC PLANE DEVELOPMENT 10 STANDARDS gape Exhibi3 CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. MSPECIF'C Pt LN November 2017 DEVELOPMENT STANDARDS 10 • • ■ NATURAL SLOPES USING TYSON IETAr0 HYOR08EED AND COIITA NER STOCK PER LANDSCAPE OUVELINEB, TYP (TEIPGRARILY IRRIGATEDI NATURAL SLOPES USING TYSON METHOD.NYOROSEEOANO CONTAINER STOOK PER LANDSCAPE OUDELMEB. TYP (PERMANENTLY IR:MATEDI TEMPORARY SLOPES .nOROBEED PER LMI08GAPE OLOEL11E8. TYP RERWORARILY IRFbOATED, WESTERN BYPASS TREES CLUSTERED WITH VARIABLE BPACSO FROM IS TO TOP WITH AN AVERAQE COLI T OF MT ON CENTER SHADE TREES AT SAIEWAY TO REDUCE URBAN NEAT ISLAND EFFECT AND TO PROVIDE Ar COMFORTABLE CIRCULAT CORRI 11 VµAQE R®EIME TREES CONCENTRATED AT TOE OF SLOPE FOR A NATURAL CHARACTER AND TO PRESERVE SCENIC VIES. TYP 8.00E TREES AT TRAIL TO REDUCE URBAN NEAT IMANO EFFECT AND TO PROVOS A COMFORTABLE CIRCULATION CORROOR STREET TREES WRHN URBAN vbLAOES SPACED 2d 0 C 10 REDUCE LIRBAN NEAT ISLAND EFFECT MO TO PROVIDE !WADED SIDEWALKS TYP CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. November 2017 SPECIFIC PLANT NATIVE SLOPE RESTORATION USING TYSON NUNZIO. I1YONOSE£D AND CON AJNE R STOCK PER LANDSCAPE GUM NFC TYP (TEMPORARILY IRRIOATFI7} DEVELOPMENT 10 STANDARDS NATIVE TREES CONCETRATED AT TOE OF SLOPE FOR NATURAL CHARACTER TYP PRESERVE OPEN SPACE Landscape Exhi • CONCEPTUAL PLAN ONLY; ACTUAL DESIGN MAY VARY. - I SPECIFIC PLAN November 2017 (DEVELOPMENT STANDARDS 10 WESTERN BYPASS ALTAIR VISTA COROMELL TRAIL A STREET B STREET C STREET ID ROUNDABOUT 1 MAIN STREE r1RST STREET* Refer to the Vehicular Circulation Plan for spacing and quantities per street Refer to the plant list Appendix for tree species and species percentages per street. kry 1114101111114.1*- 11411111111re Figure 10-13 Street Tree Plan November 2017 SPECIFIC PLAN 1.0,k.i Landscape Development Standards 1. All detailed landscape plans shall be prepared by a California Licensed Landscape Architect for review and approval by the City of Temecula. 2. "Master Developer" and perimeter "Unit Tract" walls and fences will be prohibited at Altair to accommodate and encourage pedestrian and vehicular circulation throughout the community. Walls and fences are allowed for areas such as private residential courtyards, pool enclosures, or other areas where fences are required for safety. Fence materials shall be compatible with the architectural schemes and may include tubular steel view fence, stucco, stone veneer, or material that matches building architecture. Materials such as barbed wire and chain link are prohibited, except as noted in Section 10.8. Also se Section 9.6 for fence wall and gate design guidelines. 3. Retaining walls shall be softened or screened with trees, shrubs and vines. See Section 9.7. 4. At the time of recordation of any final subdivision map which contains greenbelts or open space areas, the subdivision shall have those common areas conveyed to the property owners association or appropriate public maintenance entity either in fee title or as an easement. 5. All planting, irrigation and built elements of open space, parks, streetscapes, monuments, walls, fences, street furnishings, pedestrian bridges, and slopes shall be maintained by an HOA, private maintenance association, or public maintenance entity. 6. All landscaping shall meet the City of Temecula Water Efficient Ordinance, Chapter 17.32 of the City of Temecula Development Code or to the satisfaction of the Planning Director. 7. All loading, service, parking areas, and trash enclosures shall be screened with appropriate green -screens, vines, trees or shrubs at the direction of the City of Temecula. 8. The minimum sizes for trees, shrubs and groundcover shall meet City Code requirements. 9. All parking lot landscaping shall be consistent with the City of Temecula Development Code requirements. 10. Slopes shall be revegetated with trees, shrubs, groundcover, and seed (or mulch) to prevent erosion control. 11. Typical residential front yard landscape requirements shall be in conformance with the City of Temecula Development Code. Special lots or configurations shall have modified landscape standards approved by the Planning Director. 12. Graded or disturbed areas not to be developed shall be treated per the approved Storni Water Pollution Prevention Plan. 13. Developers/ applicants of each property shall ensure that plantings at maturity will not interfere with utility lines and traffic sight lines. PASPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10-17 (DEVELOPMENT STANDARDS 10 14. Horticultural soil tests and recommendations shall be required for each developed area based on the proposed plant list for that area. (CA native plants require different horticultural amendments compared with ornamental plants and this shall be reflected in the test recommendations.) 15. All landscape areas shall be designed with a permanent below grade irrigation system based on current code requirements and the latest efficiency technologies. Restored native slopes may utilize a temporary system until established, but shall also be below grade and shall be shut off after full establishment. 16. Each landscape area shall be maintained by the landscape installer for a minimum of 90 days prior to the perpetual maintenance entity taking control of that area. 17. Weather -based or Soil moisture -based irrigation controllers shall be set to "automatically adjust" on or before day 60 of the 90 -day maintenance period. The installing contractor shall make fine-tuned adjustments to each station as necessary during days 60 to 90 of the 90 -day maintenance period in order to maximize water efficiency and plant health. 18. The landscape palette shall conform to the State of California Model Landscape Ordinance. 19. All landscape design and plant selection shall be compatible with recycled water use. 20. Plant species identified in Table 6-2 of the Multiple Species Habitat Conservation Plan (MSHCP) shall not be used in areas adjacent to the MSHCP corridor and/or native open space. 21. Recommend a guideline for care and long term maintenance of Oak trees be established. 22. Espaliers, or columnar small tree/clipped hedge, and vines should be used to soften building massing where limited planter areas and/or building density does not allow adequate room for typical tree placement or shrub massing. November 2017 SPECIFIC PLAN 10.6.2 Natural (Permanent] Slopes: All permanent natural slopes (See Conceptual Landscape Plan for Locations) shall be revegetated with native landscaping utilizing native container stock and seed in addition to the "Tyson Method". The Tyson Method removes (scrapes) the existing native vegetation and top layer of seed -bearing topsoil from native areas prior to mass grading, grinds the plant/topsoil mixture and stores it in windrows, then redistributes the material back onto the surface of the completed manufactured graded slopes. This provides a natural seed bank and mulch material which helps to prevent erosion and encourages natural regrowth of the former vegetation. Except for boxed and larger container trees, supplemental container stock and seed for slopes should be collected and propagated from existing open space areas prior to grading to ensure genetic compatibility. Restored plant communities shall be designed to be consistent with the plant communities of the adjoining open space (i.e. Diegan coastal sage scrub next to Diegan coastal sage scrub, Southern mixed chaparral next to Southern mixed chaparral, etc.) especially along the Western Bypass Corridor and preserved natural open space areas. Slope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and mulch that will absorb rainwater and reduce runoff for erosion control. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. If drip irrigation is used on slopes, a fertilizer injector system shall also be used. A. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and mulch that will absorb rainwater and reduce runoff for erosion control, and to soften their appearance as follows: 1. One 15 -gallon or larger tree per each six hundred square feet of slope area. Large growing native trees, such as Coast Live Oaks, shall be clustered and concentrated at toes of slopes to emulate patterns found in nature (bigger trees in wetter areas at bottoms of slopes) and to accommodate views from residential pads. (Small native trees including Toyon, Laurel Sumac, Lemonadeberry, and Sugar Bush may be used on the remaining slope areas to meet the intent of this requirement); 2. One 1 -gallon or larger shrub for each one hundred square feet of slope area; and 3. Appropriate vegetative ground cover that will absorb rainwater and reduce runoff. =NM PLAN November 2017 DEVELOPMENT 10 STANDARDS TO -19 (DEVELOPMENT STANDARDS 10 kirk B. In addition to the requirements above, slope banks in excess of ten feet in vertical height with slopes greater or equal to 2:1 shall also provide a 5 -gallon or larger tree per each one thousand square feet of slope area. Large growing native trees, such as Coast Live Oaks, shall be clustered and concentrated at toes of slopes to emulate patterns found in nature (bigger trees in wetter areas at bottoms of slopes) and to accommodate views from residential pads. (Small native trees including Toyon, Laurel Sumac, Lemonadeberry, and Sugar Bush may be used on the remaining slope areas to meet the intent of this requirement). C. Western Bypass Corridor slopes, as illustrated on the Conceptual Landscape Plan, shall comply to the requirements above and shall be irrigated on a temporary basis until establishment (estimated 3 to 5 years) or non -irrigated (only if planted during the appropriate season with the approval of the City.) -Refer to Section 8 Open Space and Recreation Plan for additional information. -Refer to the Appendix for plant list. 10.6.3 Temporary Slooes• Temporary Slopes occur within Villages and are likely to be re -graded during the construction of that village. Temporary slopes are illustrated on the Conceptual Landscape Plan and shall be hydroseeded and temporarily irrigated. -Refer to the Appendix for plant list. 10.6.4 Hiking Trails, Bikeways: Restored natural open spaces and slopes adjacent to the hiking trails and bikeways will utilize the same landscape guidelines as Natural (Permanent) Slopes. Larger native trees shall be clustered around trails and bikeways to provide a natural appearance and shade for pedestrians. -Refer to Sections 4 and 8 for additional information. -Refer to the Appendix for plant list. Key Pedestrian Walkways: When not within natural slope areas, key pedestrian walkway areas shall use a combination of SoCal native and non-native trees, shrubs, and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Areas adjacent to native open space shall use 100% natives. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Recreational turf shall be provided for recreational use areas only per City standards. -Refer to Section 4 Circulation and Section 8 Open Space and Recreation Plan for additional information. -Refer to the Appendix for plant list. November 2017 SPECIFIC PLAN DEVELOPMENT 10 STANDARDS 10.6.5 Drainage Draws. Bioswales. Retention/Detention/Water Quality Basins Drainage Draws, Bioswales, and Retention/ Detention/ Water Quality basins shall be designed using low water use native plants at the tops of slopes and medium to higher water use native plants towards the bottom of slopes and the bottom of swales and basins. The intent is to re-create a native riparian ecosystem of concentrated canopy trees such as California Sycamore, Cottonwood, and Cost Live Oak with an understory of native grasses and shrubs. (Trees may be reduced or eliminated for narrow bioswale areas if necessary based on site constraints). -Refer to Section 6 Infrastructure and Utilities for additional information. -Refer to the Appendix for plant list. 10.8.8 Roundabouts; These areas shall use a combination of SoCal native and non-native trees, shrubs, and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water us- age. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) -Refer to Section 9 Design Guidelines for additional information. -Refer to the Appendix for plant list. 10.6.7 Entry Statements: These areas shall use a combination of SoCal native and non-native trees, shrubs, and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Areas adjacent to native open space shall use 100% natives. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) -Refer to Section 9 Design Guidelines for additional information. -Refer to the Appendix for plant list. 10.8.8 Park and Recreation Areas: These areas shall use a combination of SoCal native and non-native trees, shrubs, and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Areas adjacent to native open space shall use 100% natives. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Recreational turf is encouraged for park and recreation areas. Turf areas shall be wide and long enough to allow passive or active recreation uses per City standards. -Refer to Sections 3 and 8 for additional information. -Refer to the Appendix for plant list. •I�IIiSPECIFIC PLAN November 2017 10-21 DEVELOPMENT STANDARDS 10 10-22,1 10.6.9 School; These areas shall use a combination of SoCal native and non-native trees, shrubs, and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Areas adjacent to native open space shall use 100% natives. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Recreational turf is encouraged for school recreation areas. Turf areas shall be wide and long enough to allow passive or active recreation uses per City standards. -Refer to the Appendix for plant list. 10.6.10 Villages A. B. C. D. E. F. G; It is intended that the Village areas use a combination of SoCal native and non-native trees, shrubs and groundcovers. Although the plant species will be the same or similar to the natural areas, it shall be designed in more defined patterns (such as blocks of matching plant material, interesting angles, or geometric patterns) rather than natural organic patterns. SoCal native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Areas adjacent to native open space shall use 100% natives. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Recreational turf shall be provided for recreational use areas only per City standards. -Refer to the Appendix for plant list. 10.6.11 Civic/ Community; These areas shall use a combination of SoCal native and non- native trees, shrubs, and groundcovers. SoCal native shrubs and groundcovers shall compose a minimum of 50% of the total planting area of this zone and non -natives a maximum of 50%. Areas adjacent to native open space shall use 100% natives. Low water use plants shall compose a minimum of 75% of the total planting area of this zone and medium water use plants a maximum of 25%. Irrigation for trees, shrubs and groundcovers shall be based on water usage. (However, low water use plants may be added to medium water use zones if they can tolerate the additional water.) Recreational turf shall be provided for recreational use areas only per City standards. -Refer to the Appendix for plant list. 10,6.12 Parking Lots; All parking lot landscape shall be consistent with the city's adopted water efficient landscape ordinance as listed in Chapter 17.32 of the Temecula Municipal Code. Parking areas shall have a minimum of a five foot perimeter planting area. A minimum of one tree per four parking spaces shall be provided. Trees shall be broad canopy species and at least fifteen - gallon in size at installation. Planting islands are required at the end of each parking bank and every ten spaces. Islands shall be a minimum of five feet wide and as long as the adjacent parking space. Each island shall have one tree and a combination of shrubs and groundcover. -For additional requirements, see Temecula Municipal Code, Chapter 17.24.050.H November 2017 SPECIFIC PLANf!IL 10.8.18 Shade; The utilization of shade trees and shade structures is encouraged considering the climate in Temecula. Street trees in the urban village areas are spaced at 24' o.c. to optimize the shade canopy over the sidewalks and to reduce the urban heat island effect. The conceptual village park plans found in the Section 3 illustrate how shade trees, shade structures, and shade sails may be incorporated to provide shaded outdoor spaces. Clusters of native trees are also encouraged along bikeways and hiking trails in the natural open space areas to shade pedestrians. Figure 10-14 Urban Parkway with Tree Grate Figure 10-15 Urban ParkwaywiithPlanterPacket 10.6.14 Tree Grates; This specific plan intends to provide a variety of street types, with both landscape parkways and urban parkways. Urban parkways may use either planting pockets or tree grates. Tree grates shall be used in higher pedestrian traffic areas. Tree grates shall complement the grates in Old Town. When planter pockets are used, plants shall be greater than 24" in height and robust/ hardy to prevent pedestrians from walking over them. -Refer to Section 4 Circulation for additional information. =NM SPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10-23 DEVELOPMENT STANDARDS 10 - it -24 10.7 Parking Parking Lot Dimensions: The standard minimum parking space shall be nine feet wide by eighteen feet long. In exchange for electric vehicle charging stations or extensive bike rack systems above the minimum requirements, the Planning Director has the option to allow up to 10% of the required parking stalls to be compact stalls with minimum dimensions of eight feet wide by sixteen feet long. Parking spaces are required to have clear delineation with paint or other easily distinguishable material. Drive aisles shall be a minimum of fourteen feet wide for one-way aisles, and directional signs and arrows shall be provided. When fire apparatus access is required, the minimum driveway width shall be twenty feet for one-way traffic and twenty-four feet for two-way traffic. 10.7.1 Off-street parking and loading shall comply with City of Temecula Development Code Chapter 17.24, except as modified below and in Table 10-3. These modifications recognize that Altair is a pedestrian -oriented community where residents will walk to recreation facilities, restaurants, etc. A key principle of walkable and sustainable communities is the reduction of parking requirements, in order to change the mindset from driving to walking or cycling on short trips and to reduce the amount of space taken up by parking, which in turn allows the community to be more compact and walkable. Ride Share programs are encouraged to reduce traffic and parking demand. A higher proportion of enclosed and covered parking is mandated for residential uses to reduce the size of open parking areas and maintain the aesthetic quality of the community. Large parking areas are to be avoided, and are limited to locations of high parking demand, such as near the community center, school and park or at the civic use on the south parcel. Parking for the Recreation Center, Clubhouse and Park in Village C will be available to the public on a first come, first served basis. However, school parking will be prohibited in those lots. Parking on the school site will be for the exclusive use of the school on days when school is in session. On days when the school is closed, the school parking lot will be open to the public. A designated, permanent loading/unloading space shall be provided at each Village, and may provide shared use by multiple lots within that village. The size shall be large enough to accommodate moving and delivery trucks and ride share services. The loading space may be either off-street or on -street, including on Altair Vista. November 2017 SPECIFIC PLANT DEVELOPMENT 10 STANDARDS Description of Use Required Number of Spaces AddItiot Residential Uses Single-family residence Detached residence 2 enclosed spaces per residence Duplex (two-family dwellings) 2 enclosed spaces for each unit within the duplex Single-family attached (greater than two units) 1.5 enclosed spaces per unit plus 0.5 covered space per unit - Guest or service parking shall be provided for all residential uses at a rate of one space for every 10 dwelling units, unless noted otherwise. See Note 1. Multiple -family residential 1 bedroom or less 2 bedrooms 3 bedrooms or more 1 covered space per unit 1.5 covered spaces per unit plus 0.5 uncovered spaces per unit 2 covered spaces per unit plus 0.25 uncovered spaces per unit Efficiency Units (micro -units) 0.5 covered spaces per unit Transitional Housing 0.5 covered spaces per unit Congregate care facilities (elderly or disabled) 0.5 covered spaces per unit plus 1 guest space for every 8 units Residential care facilities + group homes 1 covered space for every 3 residents Guest House Boarding, rooming and lodging facilities Bed and breakfast establishment 1 space per guest room or suite Family day care homes As required by Section 17.06.050(1) of the Temecula Municipal Code Live/ Work Same as for applicable Multiple -family residential unit plus 0.5 uncovered space per unit for customers Home Occupation Same as for applicable residence . Guest or service parking shall be provided for all residential uses at a rate of one space for every 10 dwelling units, unless noted otherwise. See Note 1. - Provide secured bicycle parking for multifamily residential uses at a rate of 0.5 spaces per unit. Units with Individual enclosed garages are exempt from this requirement. See Note 3 Nonresidential Uses Nature Center 120 spaces per Section 3.13 Bicycle Spaces: Nate 3 1 space for every 10 vehicle spaces Note 2 Educational (trade or vocational school; higher ed) As required by Temecula Municipal Code, Table 17.24.040 Conference facility Religious Institutions 1 space for every 3 seats or 1 space per 35 gross square feet (gsf) 1 space for every 20 vehicle spaces Libraries, museums, galleries 1 space per 300 gross square feet (gsf) Recreational facilities (including pools) 1 space per 1,000 sf gross of recreation area Office 1 space per 300 gross square feet (gsf) 1 space for every 10 vehicle spaces Retail 1 space per 400 gross square feet (gsf) Restaurant, lodge hall, club 1 space per 200 gross square feet (gsf) 1 space for every 20 vehicle spaces Notes: 1. Guest parking requirement may be satisfied by on -street parking on internal Village streets and on A Street. Street parking on Altair Vista may not be used to satisfy the residential guest parking requirement. 2. Parking requirements at elementary school will be determined by Temecula Valley Unified School District, as approved by the City of Temecula. 3. No bicycle or motorcycle credits will be given for vehicle parking spaces. MI 10-3 ENE Requirements «1 SPECIFIC PLAN November 2017 10-25 DEVELOPMENT STANDARDS 10 10.7.2 On -street parking Safe and enjoyable pedestrian circulation is critical in the Altair Specific Plan. Street parking has been found to increase pedestrian safety and comfort by slowing traffic speeds and by separating traffic lanes from sidewalks. Therefore, street parking is strongly encouraged in this specific plan, including at internal streets and alleys. Street parking is provided on one side of Altair Vista. This will aleviate overflow parking from the parks in villages C and D. Guest parking requirements listed in Table 10-3 may be satisfied by on -street parking on internal streets, but not on Altair Vista. Striping is not required for parking on private streets. 10.7.3 Parking Standards "Enclosed" parking shall be located in a private garage with a door. "Covered" parking may be located in a garage or under a trellis, roof, building overhang or solar panels. No parking may be located between a building and the street, except in the case of motor courts where some buildings may be to the rear of the court. See the Design Guidelines for motor courts. Parking is prohibited in setback areas. Garage doors shall not face the street. Garage doors and parking may front alleys and motor courts. 10,7,3 Bicyclejarkingshall be provided per Table 10.4. Bicycle parking for multifamily residential uses shall be in a secure room or secure garage. Bicycle parking for office uses shall be located in lockers or a secure room. All other bicycle parking may be on exterior racks designed to be used with personal locks. Bicycle parking shall comply with the Design Standards in Section 17.24.040(F)(3) of the City of Temecula Development Code. 10.7.4 Motorcycle parking shall be provided to meet the requirements of Section 17.24,040(G) of the City of Temecula Development Code. No bicycle or motorcycle parking credits will be given for vehicle parking spaces. 10.7.5 Landscaping of parking areas shall comply with Section 10.6 Landscape Standards and Appendix A Plant List. 10.8 Fences, Hedges and Walls Fences, hedges and walls are limited to 6 feet high in residential areas and 3 feet high in required front setbacks, except where serving as a guardrail or enclosing a pool or other hazard. The design and materials of fences and walls shall comply with the Design Guidelines in this plan, Sections 9.6 and 9.7. Exceptions at sports fields and dog parks may be allowed at the discretion of the Director of Community Development. 10.8.1 Site Visibility A triangular site visibility area shall be provided at all street intersections, with each leg of the triangle measured at 15 feet from the curb return. Nothing may be located or allowed to grow in the visibility area which obstructs visibility and is taller than 36 inches from the top of the curb. Site visibility areas are not required at alley or driveway intersections with streets. November 2017 SPECIFIC PLAN FJ 10.9 Refuse and Service Areas DEVELOPMENT 10 STANDARDS There are a variety of housing types at Altair that will receive services such as trash pickup in different ways depending on the extent to which facilities are shared within the sub -development. A multifamily apartment building over a common garage both generates and disposes of refuse differently than a household in detached housing or a commercial building. Guidelines for each building type are included in the following sections, with general information below. The City of Temecula contracts with a private waste disposal service, currently CR&R Inc., for collection of trash, recycling and organic waste. The franchise agreement for these services will guide the type and quantity of waste bins, storage areas and collection routes for waste disposal and recycling. Single-family detached homes typically have three bins (one for each type of waste collected) that are stored in private garages or other enclosures and moved to the curb on collection day. Multiplex housing and rowhouse developments may store all refuse bins, including trash and recycling, in a common location by demonstrating that adequate space is provided for the number of dwelling units and other uses, as approved by the Planning Director and the franchise hauler. Live/Work and multifamily housing projects that do not have private garages, mixed use, commercial and institutional buildings will have common enclosures for waste bins with space for trash, recycling and organics. Compactors are encouraged to reduce the quantity of bins and resultant space needed. For Live/Work units, the commercial and residential bin requirements should be calculated separately for the areas of each use. Larger mixed use projects should have separate trash rooms or enclosures for commercial and residential uses. Residential podium buildings greater than three stories and over 30 dwelling units, with a common garage, are strongly encouraged to provide trash and recycling chutes to a common trash room, typically in the garage. When stored in private garages, sufficient space must be provided for the three bins outside of the required parking space (20'x20' for 2 -car garage, 10'x20' for single -car and 10'x36' for tandem garages). There also must be adequate clearance to manuever the bins past parked cars and out to the street. Refuse enclosures shall be opaque for at least the height of the tallest waste container and must have a solid cover to prevent rainwater intrusion and windblown trash, in compliance with the City of Temecula Water Quality Management Plan. Common waste bin enclosures shall meet the requirements of the Municipal Code and the City of Temecula Waste and Recycling Guidelines for Commercial and Multifamily Housing, which detail clearances around bins, aisles, gates and a paved surface with curb. Clearances for truck access must be provided as defined in the guidelines. Paving in front of refuse enclosures shall be reinforced with stress pads to protect the paving from the weight and operation of the collection truck. Site plans and trash enclosure plans for all new projects shall be submitted to the City and the franchise waste hauler for review and approval.. =ffiffl PLAN November 2017 10-27 10-28 10.10 Building Types A wide variety of building types are encouraged at Altair, to promote the social diversity of the community as well as serving the housing needs of the City of Temecula. A mix of building types also enhances visual interest and creates a vibrant urban fabric. The building types should support the goals of a compact and walkable com- munity with fairly high densities. Traditional, single-family houses on single lots are not included, as they are al- ready prevalent in the City. Large footprint multi -family housing encircling common garages, commonly referred to as "wraps", are also discouraged because they create uncomfortably large block lengths for pedestrians. Building types are listed below and are described in greater detail in the following pages. Table 10-4 as well as the Planning Area descriptions in Section 3 identify allowable building types for each village. Notes: 1. Percentage of dwelling units that must provide a private exterior open space of the minimum size indicated. 2. As defined by the building type in which the micro -unit is located. 3. If project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s.f. per dwelling unit, but to no less than 6' x 6'. 4. If private open space is provided on the third level or higher in the noted housing types, then the minimum area of private open space may be reduced by 20 s.f. for that dwelling unit, but to no less than 6' x 6'. 5. Reductions granted by notes 3 and 4 may not be used in combination. Table 10-4 Building Types November 2017 SPECIFIC PLAN♦7% Private Common Building Type Lot Width (ft) lot Depth (ft.l Open Space Open Space Building Height 1 section min. max. min. max. ratio ,51 min. size area per d.u. (stories) 10.11 Detached Housing 25 45 60 - 100% 100 s.f.4 80 s.f. 2 - 4 4 10.12 Multiplex 24 - 35 - 100% 1 100 s.f. 60 s.f. 2 - 4 4 10.13 Rowhouse 24 -- 35 -- 100% 100 s.f. 60 s.f. 2 - 4 4 10.14 Live / Work 24 - 35 - 100% 100 s.f. 60 s.f. 2 - 4 10.15 Multifamily Walk -Up -- -- -- -- 100% 80 s.f. 60 s.f. 2 - 4 10.16 Multifamily Podium -•-- -- -- 100% 60 s.f. 50 s.f. 4 - 5 10.17 Micro Unit -- z -- 2 -- 2 -- 2 75% 50 s.f. 45 s.f. -- 2 10.18 Mixed Use -- - - -- 100% 60 s.f. 50 s.f. 4 - 5 10.19 Iconic Tower -- - -- -- -• -- -- 50-75 feet 10.20 Civic Buildings -- -- - -- -. .- - 2 10.21 School Buildings •- - -- -- -- -. -- 2 10.22 Community Buildings - - -- - - - - 1- 3 Notes: 1. Percentage of dwelling units that must provide a private exterior open space of the minimum size indicated. 2. As defined by the building type in which the micro -unit is located. 3. If project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s.f. per dwelling unit, but to no less than 6' x 6'. 4. If private open space is provided on the third level or higher in the noted housing types, then the minimum area of private open space may be reduced by 20 s.f. for that dwelling unit, but to no less than 6' x 6'. 5. Reductions granted by notes 3 and 4 may not be used in combination. Table 10-4 Building Types November 2017 SPECIFIC PLAN♦7% 10.11 Detached Housing Single -Family duster development consists of individually owned, multistory dwellings arranged around or along a common outdoor space. In contrast to traditional single-family / single -lot housing, a higher density is achieved in the cluster type by placing buildings in close proximity to each other and by greatly reducing or eliminating private yards. The design and execution of the common outdoor space is critical to replace the privacy and buffering provided by private yards. Buildings may be arranged around courts, commons, greens or linearly along pedestrian mews, paseos, or "rosewalks". Each dwelling has a private garage accessed from a motor court or alley. DEVELOPMENT 10 STANDARDS Figure 10-16 Detached Housing with small entry yard A. Lpl Size Width: 25 feet minimum; 45 feet maximum, except at corner lots Depth: 60 feet minimum; no maximum B. Access; 1. All units shall have doors at street level facing the lot frontage or common open space. Stoops are encouraged, except at required accessible units for the disabled. 2. Private garages should be accessed through the dwelling or a private, enclosed court. Ifs SPECF!C November 2017 10-29 (DEVELOPMENT STANDARDS 10 --- 10-30 Setback Per Table 10-2 6 Minimum Between Houses file I BUNGALOW COURT ALLEY Garages Face Alley Garages Face Alley A. Pedestrian Front Entry TVehicular Garage Entry 6' Minimum Between Houses ALLEY OR MOTOR COURT Figure 10-17 Detached Housing November 2017 — ROSE WALK SPECIFIC PLANK% G. Parking 1. See Table 10-3 for the required minimum number of resident and guest parking spaces. 2. See Section 10.7 for general parking requirements. 3. Required enclosed parking shall be in private garages accessed from a motor court or alley. See Section 9.3.12 and Figure 10-17 through Figure 10-19 for motor court and alley standards. 4. Garages must be of sufficient size to allow a 20'x20' parking area (for 2 -car garages) clear of any equipment and clear of the space needed for refuse and recycling bin storage. The clear parking area shall be 10'x20' for single -car garages or 10' x 36' for tandem garages. 5. An enclosed storage area for three bins (refuse, recycling and organic waste) must be provided at each dwelling unit, preferably in private garages. Location for bin storage in garages must allow for manuevering of the bins to the street or alley when cars are parked. 6. Garages may be attached, detached or located beneath the dwelling and shall be fully enclosed. Detached garages must be linked to dwellings by walls, trellises and / or decorative paving to create an outdoor room between the garage and dwelling, and shall be of similar materials as the dwelling. 7. Unenclosed off-street guest parking shall be located in motor courts or behind buildings and shall not be visible from streets. See Figure 9-1 and Figure 10-19. 8. Unenclosed off-street parking shall be covered with a trellis or solar panels. 9. Dwelling units may have direct or indirect access to parking stalls_ Garages Face Alley Alley paving meanders around landscape, utility, and/or parking area 6' Min. Between Buildings shed Housing Facing Street =ffil SPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10-31 (DEVELOPMENT STANDARDS 10 Setback Per Table 1 MOTOR COURT Figure 10-19 Detached Housing around Motor Court D. Services: Propertne Garage entries & additional parking at motor court. Dwelling entries at common green space(pedestrian only). Common may be easement or separate parcel. 1. Utilities and meters shall be screened from view from the street or common areas. 2. Residential mechanical equipment such as air conditioning units shall be located on private property and screened with landscaping and/or walls or fencing as described in Sections 9.5 and 9.6. 3. Air conditioner compressors should not be near dwelling entries. 4. A common area to store the individual bins for organic waste for each dwelling unit may be considered, if consistent with the franchise waste disposal agreement and as approved by the Planning Director and franchise hauler. The storage area shall be enclosed by walls or an opaque fence and roof. November 2017 SPECIFIC PLAN Figure 10-20 Detached Housing Clustered around Green E. Open Space; (see Section 8 for an explanation of private and common open space) 1. Private Open Space: 100% of detached dwelling units shall have at least 100 square feet of private open space in a balcony, porch, patio or yard. Private open space shall have a minimum dimension in either direction of 6'-0" to accomodate a table and chairs. 2. If private open space is provided on the third level or higher in a detached dwelling unit, then the minimum area of private open space may be reduced by 20 s.f. for that dwelling unit. This reduction may not be used in combination with a reduction for common open space on the second level or higher (note 5 below). 3. Common Open Space: Common open space shall be provided at a ratio of 80 square feet per dwelling unit, but shall be no less than 300 square feet. Common open space shall have a minimum horizontal dimension of 25 feet. 4. Common open space may be shared among buildings in a single, central park, but the minimum ratio shall be based on the total number of dwelling units and may not be reduced. 5. If a project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s,f. per dwelling unit. This reduction may not be used in combination with a reduction for private open space on the third level or higher (note 2 above). 6. Common open space shall include furniture such as benches, play structures, bike racks, games (chess tables, bocce ball, etc.), picnic tables. 7. Common Areas over structures (including roof decks and terraces) shall provide structural integrity and appropriate design for container gardening and irrigation. 8. Roof decks and terraces are encouraged. ism SPECIFIC PLAN November 2017 DEVELOPMENTI 10 STANDARDS 10-33 Rose G� DEVELOPMENT STANDARDS 10 EVERGREEN SHRUB. TYPI DA ACCENT SHRUB, TYPICAL ACCENT TREE. TYPICAL. t STREET FLOWERING ACCENT PERENNIAL SHRUBS, TYPICAL. EVERGREEN GROUNDCOVER, TYPICAL. ACCENT SHRUB EVERGREEN CANOPY TREE, TYP CONCRETE WALK • STREET TREE PROPERTY LINE 7' WIDE SIDEWALK 5' WIDE PARKWAY ACCENT TREE, TYPICAL. EVERGREEN FOUNDATION SHRUB, TYPICAL. FLOWERING ACCENT PERENNIAL SHRUBS, TYPICAL. Figure 10-21 Typical Landscaping at November 2017 SPECIFIC PLANrI% MTTORCOURT EVERGREEN FO FLOWERING A PERENNIAL 5 EVERGREEN GROUNDCOV o o 'o'ovo-o;a'o�■k, %, ,o+ o'oo o����; 061 o leo' fdY%loke%��r'��,�i;,dJr%fd1.•��i/fdlr�lr.{t�.�i�i�dD1a��U'''��;}•; 111P1PIP1MMAMMIPI STREET ALLEY EVERGREEN F SHRUB, TYPIC FLOWERING A PERENNIAL S EVERGREEN GROUNDCOV TYPICAL STREET TREE PROPERTY LINE 7' WIDE SIDEWALK 5' WIDE PARKWAY TREE, SHRUB. T �' T T "• is ow •f; DEVELOPMENT STANDARDS 10 SIMILAR MATERIALS WITHIN GROUP - OF BUILDINGS F. Landscape Standards: 1. Trees shall be included in common areas, green spaces, alleys and motor courts for shade and to soften building massing. 2. Shrub massings shall be used to provide visual interest and plant diversity. 3. Turf shall be used only as a recreational element in common areas and is not allowed in areas less than 8' wide. G. Frontage Guid lines: 1. See Sections 9.4 and 10.4 for applicable street frontage requirements. 2. Architectural and landscape elements should be used to delineate public, semi -private and private space. 3. Porches, stoops and balconies may project into required street setbacks. H. Building Size and Massing: 1. Buildings may be two to four stories. 2. The fourth story may not exceed 65% of the building footprint area. See Figure 10-23. 3. A minimum of 6 feet shall be provided between buildings. 4. Other design guidelines in this chapter shall apply. AREA OF 4th FLOOR MAY NOT EXCEED 6596 OF FOOTPRINT AREA Figure 10-23 4th Floor Limits LEVEL 4 LEVEL 3 LEVEL 2 LEVEL I BUILDING FOOTPRINT AREA in Detached Housing 2 — r .L.414%. .. •-- NM impori LOW WALLS AT GRADE LANDSCAPED SPACE BETWEEN BUILDINGS VARIED MATERIALS - AT EACH DWELLING Figure 10-24 Typical Massing at Detached Housing November 2017 SPECIFIC PLANf:I Accessory Dwellings: 1. Accessory dwellings are allowed with detached housing, and should be linked to dwellings by walls, trellises and / or decorative paving to create an outdoor room between the main and accessory dwelling. See Figure 10-25. Both dwellings shall be of similar materials. 2. The accessory dwelling shall be smaller than and clearly subsidiary to the main dwelling. Only one accessory dwelling is permitted per detached home. 3. Accessory dwellings may be located over detached garages. 4. A secondary dwelling unit permit is required for accessory dwelling units that include cooking facilities with a vent. 5. One off-street covered parking space shall be provided for each accessory dwelling unit in addition to the parking required for the main dwelling unit. 6. Accessory dwelling units may not be sold separately or sub -divided from the main residence. Setback Per Table 10.2 Accessory Dwelling Detached Garage Property Line Illtitactied garages and/or accessory dwelling =PM SPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10'37 DEVELOPMENT STANDARDS 10 10.12 Multi-Plex Multi-plexes combine two- to six -dwelling units into one structure. They differ from both the single-family cluster type and the rowhouse type in that the individual dwelling unit is not distinctly expressed in the multi-plex type. Duplexes and triplexes in particular should appear as a single large house. Duplexes and triplexes can then be combined with courtyards to form quad- and six-plexes. Multi-plexes generally include multi -story dwelling units of two to three stories each. Flats may be allowed in combination with multi -story dwellings, but no multi-plex structure should consist exclusively of flats. A. LQt Size Width: 24 feet, minimum Depth: 35 feet, minimum B. Access: 1. Dwelling unit entries shall primarily be located at the ground floor. 2. No dwelling unit entry shall be above the second floor above grade. 3. Dwelling unit entries should be located on different facades in an asymetrical arrangement or may face interior courts. 4. At least one dwelling unit entry of a multi-plex shall face the street at or near street level. 5. Each dwelling unit entry should have a unique character and/ or orientation. C. Parking: 1. Required enclosed parking shall be in private garages below and / or adjacent to dwelling units. 2. Garage entries should be on different sides of the multi-plex structure. 3. Garage doors should be of similar materials, but should vary in size or detailing. 4. Free-standing private garages are discouraged. 5. Dwelling units shall have direct access to parking garages. November 2017 SPECIFIC PLANI!Il SIMILAR AND COMPLEMENTARY MATERIALS REDUCE MASS WITH DECKS, OVERHANGS, ETC. GARAGES ON DIFFERENT SIDES 6. Garages must be of sufficient size to allow a 20'x20' parking area (for 2 -car garages) clear of any equipment and clear of the space needed for refuse and recycling bin storage. The dear parking area shall be 10'x20' for single -car garages or 10' x 36' for tandem garages. 7. An enclosed storage area for three bins (refuse, recycling and organic yard waste) must be provided at each dwelling unit, preferably in private garages. Location for bin storage in garages must allow for manuevering of the bins to the street or alley when cars are parked. Alternatively, a common space may be provided as described in the next paragraph. d Services: 1. In lieu of waste bin storage in individual garages, a common area may be provided to store the individual bins for refuse, recycling and organic waste bins for each dwelling unit, or common dumpster bins for each type of waste. The storage area shall be enclosed by walls or an opaque fence and roof. 2. Access must be provided to common waste storage enclosures from each dwelling unit, as well as access by collection trucks per Section 10.9. Driveway or alley access is accept- able for both resident and collection access, if consistent with the franchise waste disposal agreement and as approved by the Planning Director and franchise hauler. 3. Utilities and meters shall be screened from view from the street or common areas. 4. Residential mechanical equipment such as air conditioning units shall be located on private property and screened with landscaping and/or walls or fencing as described in Sections 9.5 and 9.6. 5. Air conditioner compressors should not be near dwelling entries. 6. A fire riser room is required to house the fire sprinkler riser and fire alarm control panel. Ifm SPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS DISTINCT DWELLING ENTRIES 10-39 DEVELOPMENT STANDARDS 10 - VARIED ROOF FORMS STEPPED BUILDING FORMS WITH ROOF DECK OVER GARAGE DISTINCT DWELLING ENTRIES E. Open Space; (see Section 8 for an explanation of private and common open space) 1. Private Open Space: 100% of multiplex dwelling units shall have at least 100 square feet of private open space in a balcony, patio or yard. Private open space shall have a minimum dimension in either direction of 6'-0" to accomodate a table and chairs. 2. If private open space is provided on the third level or higher in a multiplex dwelling unit, then the minimum area of private open space may be reduced by 20 s.f. for that dwelling unit. This reduction may not be used in combination with a reduction for common open space on the second level or higher (note 5 below). 3. Common Open Space: Common open space shall be provided at a ratio of 60 square feet per dwelling unit, but shall be no less than 300 square feet. Common open space shall have a minimum horizontal dimension of 25 feet. 4. Common open space may be shared among buildings in a single, central park, but the minimum ratio shall be based on the total number of dwelling units and may not be reduced. 5. If project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s.f. per dwelling unit. This reduction may not be used in combination with a reduction for private open space on the third level or higher (note 2 above). 11111111111111111111111WinAllinild!@ November 2017 ENHANCED PAVING DEFINES DRIVE COURT LOW WALLS & GATE AT SHARED DRIVEWAY DEFINE STREET WALL SPECIFIC PLANFI 6. Common open space shall include furniture such as benches, play structures, bike racks, games (chess tables, bocce ball, etc.), picnic tables. 7. Common Areas over structures (including roof decks and terraces) shall provide structural integrity and appropriate design for container gardening and irrigation. 8. Community swimming pools (not the Recreation Center) may be counted toward the common open space requirement. 9. Roof decks and terraces are encouraged. F. Landscape Standards: 1. Trees shall be included in common areas, green spaces, alleys and motor courts for shade and to soften building massing. 2. Shrub massings shall be used to provide visual interest and plant diversity. 3. Turf shall be used only as a recreational element in common areas and is not allowed in areas less than 8' wide. G. Frontage Guidelines: 1. See Sections 9.4 and 10.4 for applicable street frontage requirements. 2. Architectural and landscape elements should be used to delineate public, semi -private and private space. 3. Porches, stoops and balconies may project into required street setbacks. H. Building Size and Massing; 1. Buildings may be two to four stories. 2. The fourth story may not exceed 65% of the building footprint area. See Figure 10-23. 3. Other design guidelines in this chapter shall apply. Accessory Dwellings: Accessory dwellings are not appropriate to the multi-plex building type. PAMSPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10-41 DEVELOPMENT STANDARDS 10 -- f0-42 10.13 Rowhouse Rowhouses are attached dwelling units arranged side-by-side, typically in a linear manner. The massing and character of the rowhouse type differs from multi-plexes in the clear and distinct expression of each dwelling unit. The basic forms and volumes should be repetitve, creating a rhythm of projecting elements both in plan and elevation. Materials should be consistent and complementary. Variation is achieved through modulation of the facade and roof line, rather than through color and materials. Dwelling units can be given individuality by smaller changes in entry detailing, etc. The end units of a row should have openings on the side and a counterpoint to the forms of the middle units. A. LQt.5ize. Width: 24 feet, minimum Depth: 35 feet, minimum B. Access; 1. All units, except end units, shall have doors at street level facing the lot frontage or common open space. Stoops are encouraged, except at required accessible units for the disabled. 2. End units should have doors at the end (side) walls. REPETITIVE ENTRY DETAILS AND MATERIALS STOOPS VARY IN ORIENTATION, BUT NOT MATERIALS November 2017 REPETITIVE VOLUMES AND ROOF FORMS SPECIFIC PLANFj C. Parking 1. Required enclosed parking shall be in private garages accessed from a motor court or alley. See Section 9.3.12 for motor court standards. 2. Garage entrances should be on the opposite side of the building from the predominant entry side, to avoid interruption of the pedestrian frontage by driveways. 3. Unenclosed off-street parking shall be located in motor courts or behind buildings and shall not be visible from streets. 4. Unenclosed off-street parking shall be covered with a trellis or solar panels. 5. Free-standing private garages are discouraged. 6. Dwelling units shall have direct access to parking garages. 7. Garages must be of sufficient size to allow a 20'x20' parking area (for 2 -car garages) clear of any equipment and clear of the space needed for refuse and recycling bin storage. The clear parking area shall be 10'x20' for single -car garages or 10' x 36' for tandem garages. 8. An enclosed storage area for three bins (refuse, recycling and organic waste) must be provided at each dwelling unit, preferably in private garages. Location for bin storage in garages must allow for manuevering of the bins to the street or alley when cars are parked. D. Sgrv_i4g�: 1. In lieu of waste bin storage in individual garages, a common area may be provided to store the individual bins for refuse, recycling and organic waste bins for each dwelling unit, or common dumpster bins for each type of waste. The storage area shall be enclosed by walls or an opaque fence and roof. 2. Access must be provided to common waste storage enclosures from each dwelling unit, as well as access by collection trucks per Section 10.9. Driveway or alley access is acceptable for both resident and collection access, if consistent with the franchise waste disposal agreement and as approved by the Planning Director and franchise hauler. 3. Utilities and meters shall be screened from view from the street or common areas. 4. Residential mechanical equipment such as air conditioning units shall be located on private property and screened with landscaping and/or walls or fencing as described in Sections 9.5 and 9.6. 5. Air conditioner compressors should not be near dwelling entries. 6. A fire riser room is required to house the fire sprinkler riser and fire alarm control panel. rISPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10-43 DEVELOPMENT STANDARDS 10 10-44 E. Open Space: (see Section 8 for an explanation of private and common open space) 1. Private Open Space: 100% of rowhouse dwelling units shall have at least 100 square feet of private open space in a balcony, patio or yard. Private open space shall have a minimum dimension in either direction of 6'-0" to accomodate a table and chairs. 2. If private open space is provided on the third level or higher in a rowhouse unit, then the minimum area of private open space may be reduced by 20 s.f. for that dwelling unit. This reduction may not be used in combination with a reduction for common open space on the second level or higher (note 5 below). 3. Common Open Space: Common open space shall be provided at a ratio of 60 square feet per dwelling unit, but shall be no less than 300 square feet. Common open space shall have a minimum horizontal dimension of 25 feet. 4. Common open space may be shared among buildings in a single, central park, but the mini- mum ratio shall be based on the total number of dwelling units and may not be reduced. 5. If a project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s.f. per dwelling unit. This reduction may not be used in combination with a reduction for private open space on the third level or higher (note 2 above). 6. Common open space shall include furniture such as benches, play structures, bike racks, games (chess tables, bocce ball, etc.), picnic tables. 7. Common Areas over structures (including roof decks and terraces) shall provide structural integrity and appropriate design for container gardening and irrigation. 8. Community swimming pools (not the Recreation Center) may be counted toward the com- mon open space requirement. 9. Roof decks and terraces are encouraged. Fes_ .landscape Standards:. 1. Trees shall be included in common areas, green spaces, alleys and motor courts for shade and to soften building massing. 2. Shrub massings shall be used to provide visual interest and plant diversity. 3. Turf shall be used only as a recreational element in common areas and is not allowed in areas Tess than 8' wide. Frontage Guidelines: 1. See Sections 9.4 and 10.4 for applicable street frontage requirements. 2. Architectural and landscape elements should be used to delineate public, semi -private and private space. 3. Porches, stoops and balconies may project into required street setbacks. See Section 10.4. November 2017 SPECIFIC PLANrj REPEATED VERTICAL VOLUMES C rl oG11E1 ❑DCC E SPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS Rhythm and repetition of forms are fundemental to rowhouse massing Entry porches and stoop add visual interest at street level, continue rhythm, and reduce scale. Repetitive roof forms and differentiation of end units. 10-45 DEVELOPMENT STANDARDS 10 H. Building Size and Massing: 1. Buildings may be two to four stories. 2. No dwelling unit entries may be above the third story. 3. The fourth story may not exceed 65% of the building footprint area. See Figure 10-23. 4. Rhythm and repetition of forms are fundamental to row house massing 5. Entry porches and stoops add visual interest at street level, continue rhythms and reduce scale. 6. Other design guidelines in this chapter shall apply. I. Accessory Dwell= Accessory dwellings are not allowed in the rowhouse building type. November 2017 SPECIFIC PLAN EMPHASIZE CORNERS CONSISTENT SIGNAGE PROG RAM 10.14 Live/Work The Live / Work building type combines residential and commercial uses into a single dwelling unit. Those dwelling units are then repeated side-by-side to create a commercial strip that serves as the focus of a neighborhood. The residential portion of the unit can either be behind or above the commercial portion. Subject to building codes and other applicable regulations, the living space may be either open to or separated from the commercial space. Additional residential -only units may also be included in Live / Work buildings, typically on upper floors. A. Lot Size Width: 24 feet, minimum Depth: 35 feet, minimum DEVELOPMENT 10 STANDARDS RECESSED COMMERCIAL ENTRIES OR ARCADE DISTINCT RESIDENTIAL SCALE AT UPPER LEVELS AWNINGS OR ARCADE FOR SHADE SHOPFRONT PER GUIDELINES IN SECTION 9.4,7 SPECIFIC PLAN November 2017 10-47 DEVELOPMENT STANDARDS 10 10-4$ B. Access: 1. All commercial spaces shall be accessed at street level, generally on the same side of the building. 2. Commercial frontage shall follow the "shopfront" guidelines in Section 9.4.7. Arcades (Section 9.4.8) are also appropriate at Live/Work buildings 3. Separate doors shall be provided to the residential portions of live/work units. These doors may be located at the commercial "store front" facade of the building or at the rear or sides. 4. Residential entries adjacent to commercial "store fronts" shall be limited to doorways and shall not include any living space, in order to maintain a cohesive and uninterrupted commercial "street". S. if residential entries are adjacent to commercial entries, they should be designed to clearly differentiate between residential and commercial access. For example, the dwelling entry might have an opaque door and stoop, while the commercial front would be very transparent with at -grade entry. Figure 10-31 Example Live/Work Building sianpuimumeme C. Parking: 1. Residential parking shall be in enclosed private garages accessed from the rear of the building, opposite the commercial front 2. Commercial parking will be provided on the street. 3. Garages must be of sufficient size to allow a 20'x20' parking area (for 2 -car garages) clear of any equipment and clear of the space needed for refuse and recycling bin storage, if not provided in a common area. The clear parking area shall be 10'x20' for single -car garages or 10' x 36' for tandem garages. November 2017 SPECIFIC PLANn O. Services: 1. A common enclosure for refuse, recycling and organic waste bins shall be provided in motor courts or alleys and shall be covered by an opaque fence and roof. 2. For Live/Work units, the commercial and residential bin requirements should be calculated separately for the areas of each use. See Section 10.9. 3. See Section 10.9 for trash bin enclosure requirements. 4. Access must be provided to common waste storage enclosures from each dwelling unit, as well as access by collection trucks per Section 10.9. Driveway or alley access is acceptable for both resident and collection access, if consistent with the franchise waste disposal agreement and as approved by the Planning Director and franchise hauler. 5. Utilities and meters shall be grouped as much as possible and shall be screened from view from the street or common areas. 6. Residential mechanical equipment such as air conditioning units shall be located on private property and screened with landscaping and/or walls or fencing as described in Sections 9.5 and 9.6. 7. Air conditioner compressors shall be located on the roof and screened from view from the street, public areas or other buildings with a parapet or mechanical equipment screen. E. Open Space: (see Section 8 for an explanation of private and common open space) 1. Private Ooen Space: 100% of live/work dwelling units shall have at least 100 square feet of private open space in a balcony, patio or yard. Private open space shall have a minimum dimension in either direction of 5'-6" to accomodate a table and chairs. 2. If private open space is provided on the third level or higher in a live/work unit, then the minimum area of private open space may be reduced by 20 s.f. for that dwelling unit. This reduction may not be used in combination with a reduction for common open space on the second level or higher (note 5 below). 3. Common Open Space; Common open space shall be provided at a ratio of 60 square feet per dwelling unit, but shall be no less than 300 square feet. Common open space shall have a minimum horizontal dimension of 25 feet. 4. Common open space may be shared among buildings in a single, central park, but the minimum ratio shall be based on the total number of dwelling units and may not be reduced. 5. If a project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s.f. per dwelling unit. This reduction may not be used in combination with a reduction for private open space on the third level or higher (note 2 above). 6. Common open space shall include furniture such as benches, play structures, bike racks, games (chess tables, bocce ball, etc.), picnic tables. 7. Common Areas over structures (including roof decks and terraces) shall provide structural integrity and appropriate design for container gardening and irrigation. 8. Community swimming pools (not the Recreation Center) may be counted toward the common open space requirement. 9. Roof decks and terraces are encouraged. I. SPECIFIC PLA'. November 2017 DEVELOPMENT 10 STANDARDS 10-49 DEVELOPMENT STANDARDS 10 F. Landscape Standards: 1. Trees shall be included in common areas, green spaces, alleys and motor courts for shade and to soften building massing. 2. Shrub massings shall be used to provide visual interest and plant diversity. 3. Turf shall be used only as a recreational element in common areas and is not allowed in areas less than 8' wide. G. Frontage Guidelines: 1. See Sections 9.4 and 10.4 for applicable street frontage requirements. 2. Architectural and landscape elements should be used to delineate public, semi -private and private space. 3. Porches, stoops and balconies may project into required street setbacks. See Section 10.4. H. Building Size and Massing 1. Buildings may be two to four stories. 2. No dwelling unit entries may be above the third story. 3. The fourth story may not exceed 65% of the building footprint area. See Figure 10-23. 4. Other design guidelines in this chapter shall apply. !. Accessory Dwellings: Accessory dwellings are not allowed in the live/work building type. November 2017 SPECIFIC PLANIrI VARIED ROOF LINES HIGHLY DETAILED 10.15 Multifamily Walk -Up Multifamily Walkups are buildings of two to four stories combining stacked dwelling units. The dwelling units are typically flats, but can be multistory. Vertical circulation is via stairs rather than elevators, typically exterior stairs and walkways that are internal to the site. A. Lot Size Not applicable to this building_type B. Access: 1. Ground floor units shall have doors at street level facing the lot frontage or common open space. Stoops are encouraged, except at required accessible units for the disabled. 2. Upper level units are accessed via open stairs and walkways. No more than four dwelling units shall be served by a single walkway. C. Parking: 1. Required enclosed parking shall be in private, interior tuck -under garages accessed from a motor court. See Section 9.3.12 and Figure 10-33 for motor court standards. 2. Unenclosed off-street parking shall be located in motor courts or behind buildings and shall not be visible from streets. 3. Unenclosed off-street parking shall be covered with a trellis or solar panels. 3 - DIMENSIONAL FACADES LOW WALLS AT GRADE Figur-32 Typical Massing at Multifamily Walk -Up =MSPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS VARIED MATERIALS DEVELOPMENT STANDARDS 10 4. Garages must be of sufficient size to allow a 20'x20' parking area (for 2 -car garages) clear of any equipment and clear of the space needed for refuse and recycling bin storage, if not provided in a common area. The clear parking area shall be 10'x20' for single -car garages or 10' x 36' for tandem garages. Free-standing private garages are permitted. 5. Dwelling units may have direct or indirect access to parking stalls. VARY GARAGE DOOR SIZE&TYPE DECORATIVE GARAGE DOORS OF HIGH-QUALITY MATERIALS COVERED REFUSE ENCLOSURE 10-52 WINDOWS+BALCONIES FACE COURT GATEWAY HIGHLY DETAILED ENTRY 3-DIMENSIONAL FACADES TRELLIS OR SOLAR PANEL TO SHADE PARKING ENHANCED PERVIOUS PAVING Figure 10-33 Motor Court at Multifamily Housing D. Services; 1. Common enclosures for refuse, recycling and organic waste bins shall be provided in motor courts and shall be covered by an opaque fence and roof. 2. See Section 10.9 for trash bin enclosure requirements. 3. Access must be provided to common waste storage enclosures from each dwelling unit, as well as access by collection trucks per Section 10.9. Driveway or alley access is acceptable for both resident and collection access, if consistent with the franchise waste disposal agreement and as approved by the Planning Director and franchise hauler.. 4. Utilities and meters shall be grouped as much as possible and shall be screened from view from the street or common areas. 5. Air conditioner compressors shall be located on the roof and screened from view from the street, public areas or other buildings with a parapet or mechanical equipment screen. LANDSCAPING AT VARIOUS HEIGHTS MAXIMIZE GREEN SPACE November 2017 SPECIFIC PLAN�L E. Open Space: (see Section 8 for an explanation of private and common open space) 1. Private Oben Space: 100% of multifamily walk-up dwelling units shall have at least 80 square feet of private open space in a balcony, patio or yard. Private open space shall have a minimum dimension in either direction of 6'-0" to accomodate a table and chairs. 2. Common Open Space: Common open space shall be provided at a ratio of 60 square feet per dwelling unit, but shall be no less than 300 square feet. 3. Common open space shall have a minimum horizontal dimension of 25 feet. 4. Common open space may be shared among buildings in a single, central park, but the minimum ratio shall be based on the total number of dwelling units and may not be reduced. 5. Common open space shall include furniture such as benches, play structures, bike racks, games (chess tables, bocce ball, etc.), picnic tables. 6. Community swimming pools (not the Recreation Center) may be counted toward the common open space requirement. 7. Roof decks and terraces are encouraged for either private or common open space. 8. If the project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s.f. per dwelling unit. This reduction may not be used in combination with other reductions for private open space. 9. Common Areas over structures (including roof decks and terraces) shall provide structural integrity and appropriate design for container gardening and irrigation. DEVELOPMENT 10 STANDARDS vehicular entries =ffffl SPECIFIC PLAN arranged to form a court with multiple vehicular and pedestrian openings November 2017 DEVELOPMENT STANDARDS 10 F. Landscape Standards: 1. Trees shall be included in common areas, green spaces, alleys and motor courts for shade and to soften building massing. 2. Shrub massings shall be used to provide visual interest and plant diversity. 3. Turf shall be used only as a recreational element in common areas and is not allowed in areas less than 8' wide. G. Frontage Guidelines: 1. See Sections 9.4 and 10.4 for applicable street frontage requirements. 2. Architectural and landscape elements should be used to delineate public, semi -private and private space. 3. Porches, stoops and balconies may project into required street setbacks. See Section 10.4. H. Building Size and Massing: 1. Buildings may be two to four stories. 2. No dwelling unit entries may be above the third story. 3. The fourth story may not exceed 65% of the building footprint area. See Figure 10-23. 4. Other design guidelines in this chapter shall apply. I. Accessory Dwellings: Accessory dwellings are not allowed in the multifamily building type. November 2017 SPECIFIC PLANI'.i 10.16 Multifamily Podium Multifamily Podium buildings combine four or five stories of stacked dwelling units over a subterranean or partially subterranean enclosed parking garage. The dwelling units are typically flats, but can be multistory. Vertical circulation is via interior stairs and elevators, accessing internal common corridors. Multifamily podium buildings are often also mixed-use buildings (see 10.18). Ground floor retail is encouraged in multifamily podium buildings to activate the street and the pedestrian experience. A. Lot Size Not applicable to this building type. B. Access: 1. Dwelling units are typically accessed via internal common corridors. 2. Entries to the building are through a common lobby and directly from the garage. 3. Ground floor units may have doors at street level facing the lot frontage or common open space, but this is not a requirement. 4. The common garage is accessed by no more than two secured openings from a driveway or alley, not directly from the street. C. Parki 1. Required enclosed parking shall be located below the residential portion of the building, typically in a common garage structure. 2. Private garages may be allowed to satisfy a portion of the enclosed parking requirement, provided they are located along the edge of the common garage, under the footprint of the residential floors, and are accessed from an alley or motor court. 3. Unenclosed off-street parking shall be covered with a trellis or solar panels. 4. Free-standing private garages are not permitted to serve multifamily podium buildings. S. Dwelling units shall have direct access through the building to the common parking garage. Iasi SPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10-55 Figure DEVELOPMENT STANDARDS 10 - 10-56 D. Services: 1. Common refuse and recycling bins shall be provided in an enclosed room within the common garage. 2. Residential podium buildings greater than three stories and over 30 dwelling units, with a common garage, are strongly encouraged to provide trash and recycling chutes to a common trash room. 3. An area for organic waste bins shall be provided outside the building and shall be covered by an opaque fence and roof. 4. See Section 10.9 for trash room and waste bin enclosure requirements. 5. Compactors are encouraged to reduce the quantity of bins and resultant space needed. 6. Air conditioner compressors shall be located on the roof and screened from view from the street, public areas or other buildings with a parapet or mechanical equipment screen. 10-36 Multifamily Podium Building 7. Utilities shall be screened from view from the street and shall be located in building recesses or closets with decorative gates and fencing for security. E. Open Spac_e; (see Section 8 for an explanation of private and common open space) 1. Private Open Space: 100% of multifamily podium dwelling units shall have at least 60 square feet of private open space in a balcony, patio or yard. Private open space shall have a minimum dimension in either direction of 6'-0" to accomodate a table and chairs. 2. Common Open Soace: Common open space shall be provided at a ratio of 50 square feet per dwelling unit, but shall be no less than 300 square feet. 3. Common open space shall have a minimum horizontal dimension of 25 feet. 4. Common open space is typically accomodated as a courtyard over the parking structure and/or located on roof decks. 5. Common open space shall include furniture such as benches, play structures, bike racks, games (chess tables, bocce ball, etc.), picnic tables. 6. Community swimming pools (not the Recreation Center) may be counted toward the common open space requirement. 7. Both private and common roof decks and terraces are encouraged. 8. If the project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s.f. per dwelling unit, but not to less than 6' x 6'. This reduction may not be used in combination with other reductions for private open space. 9. Common Areas over structures (including roof decks and terraces) shall provide structural integrity and appropriate design for container gardening and irrigation. November 2017 SPECIFIC PLAMR F. Landscape Standards: 1. Trees shall be included in common areas, green spaces, alleys and motor courts for shade and to soften building massing. 2. Shrub massings shall be used to provide visual interest and plant diversity. 3. Turf shall be used only as a recreational element in common areas and is not allowed in areas less than 8' wide. G. Frontage Guidelines: 1. See Sections 9.4 and 10.4 for applicable street frontage requirements. 2. Architectural and landscape elements should be used to delineate public, semi -private and private space. 3. Stoops, balconies, canopies and entry marquees may project into required street setbacks. H. Building Size and Massing: 1. Buildings may be four to five stories. 2. Massing shall be broken into multiple components resulting in an overall pedestrian scale. 3. Provide multiple off -setting planes at each facade. 4. Vary roof lines. 5. Other design guidelines in this chapter shall apply. Accessory Dwellings; Accessory dwellings are not allowed in the multifamily podium building type. IMMIllesident Courtyard at Multifamily Podium Housing SPECIFIC PLAN N:= r, DEVELOPMENT 10 STANDARDS 10-=,7 10.17 Micro -Units Micro -units are efficiency dwelling units that provide affordable housing for smaller households. The units are typically between 250 and 400 square feet. Micro -units may be located in any building type except detached housing, although they may be an accessory dwelling to detached housing as described in paragraph 10.11.1. A. Development Standards: Micro -units shall comply with Sections 17.10.025. C and D of the Temecula Municipal Code. B. - Lot Sim; As defined by the building type in which the unit is located. C. Access: As defined by the building type in which the unit is located. D. parkin 1. Parking for micro -units shall be provided at a ratio of one space per dwelling unit. 2. If the micro -unit development employs management or support staff on site, then one parking space shall be provided for each employee that does not live on on site. 3. Micro -unit parking may be enclosed or open. Figure 10-38 Micro—Units Typical Layout D. Services; As defined by the building type in which the unit is located. Flgune 10-39 Building with Micro -Un - DEVELOPMENT STANDARDS 10 November 2017 SPECIFIC PLAN P E. Open Space: (see Section 8 for an explanation of private and common open space) 1. Private Oben Space: 75% of micro dwelling units shall have at least 50 square feet of private open space in a balcony, patio or yard. 2. Common Open Space: Common open space shall be provided at a ratio of 45 square feet per dwelling unit, but shall be no less than 300 square feet. Common open space shall have a minimum horizontal dimension of 25 feet. 3. Common open space is typically accomodated as a courtyard over the parking structure and/or located on roof decks. 4. Common open space shall include furniture such as benches, play structures, bike racks, games (chess tables, bocce ball, etc.), picnic tables. 5. Community swimming pools (not the Recreation Center) may be counted toward the common open space requirement. 6. Both private and common roof decks and terraces are encouraged. 7. If the project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s.f. per dwelling unit, but not to less than 6' x 6'. This reduction may not be used in combination with other reductions for private open space. 8. Common Areas over structures (including roof decks and terraces) shall provide structural integrity and appropriate design for container gardening and irrigation. F. Landscape Standards: As defined by the building type in which the unit is located. G. Frontage Guidelines: As defined by the building type in which the unit is located, H. BuildintSize and Massing; As defined by the building type in which the unit is located. SPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10-59 DEVELOPMENT STANDARDS 10 - 10.18 Mixed -Use Mixed -Use buildings combine two or more distinct uses into a single structure or group, typically residential in combination with neighborhood -serving commercial, service or office uses. Mixed-use buildings benefit a community by activating the public realm and providing goods and services within walking distance of dwellings. Mixed -uses are generally stacked vertically, with dwellings over ground floor commercial. A podium building type with a subterranean garage, retail space at street level and several stories of residential flats above is a common example of a mixed-use building. Different uses may also occur side-by-side, such as rowhouses with a commercial or office use at the end of a row or at a street corner. A. DejelgpmenLStandrds: 1. Commercial, assembly or office uses shall occur at the ground floor and shall have direct access from the street frontage or a public plaza or park. 2. Multi-level uses are allowed if the levels share an entry at the street. 3. Individual tenants in non-residential uses should have distinct entries at street level. B. Lot Size: Not applicable to this building type. November 2017 SPECIFIC PLAN C. Access: 1. Dwelling units above street level uses are typically accessed via internal common corridors. 2. Entries to upper level residential units are through a common lobby and directly from the garage. 3. Rowhomes in mixed-use blocks shall have entries at street level facing the lot frontage or common open space. Stoops are encouraged, except at required accessible units for the disabled. 4. The common garage is accessed by no more than two secured openings from a driveway or alley, not directly from the street. D. Parking; 1. Required parking quantity shall be calculated based on the cumulative requirements of each use. 2. A reduction for shared parking between uses may be allowed if justified through an approved shared parking analysis, at the discretion of the Director of Community Development. 3. Parking provided for multiple uses, including residential, may be located in the same common garage structure or area. 4. Reserved residential parking shall be secured separately from parking provided for other uses. 5. Private residential garages may be allowed to satisfy a portion of the enclosed parking requirement, provided they are located along the edge of the common garage, under the footprint of the residential floors, and are accessed from an alley or motor court. 6. Unenclosed off-street residential and office parking shall be covered with a trellis or solar panels. 7. Free-standing private garages are not permitted to serve mixed-use buildings. 8. Dwelling units shall have direct access through the building to a common parking garage. Services: 1. Common refuse and recycling bins shall be provided in an enclosed room within the common garage. 2. Residential buildings greater than three stories should have trash and recycling chutes to a trash room. 3. An area for organic waste bins shall be provided outside the building and shall be covered by an opaque fence and roof. 4. See Section 10.9 and the City of Temecula Waste and Recycling Guidelines for trash room and waste bin enclosure requirements. 5. The commercial and residential bin requirements should be calculated separately for the areas of each use, per the requirements of the City of Temecula Waste and Recycling Guidelines and as approved by the Planning Director and the franchise hauler. 6. Compactors are encouraged to reduce the quantity of bins and resultant space needed. 7. Air conditioner compressors shall be located on the roof and screened from view from the street, public areas or other buildings with a parapet or mechanical equipment screen. 8. Utilities shall be screened from view from the street and shall be located in building recesses or closets with decorative gates and fencing for security. ffin SPEC!FiC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10-61 (DEVELOPMENT STANDARDS 10 10-62 E. Open Space (see Section 8 for an explanation of private and common open space) 1. Private Open Space: 100% of dwelling units in mixed-use buildings shall have at least 60 square feet of private open space in a balcony, patio or yard. 2. Common Open Space: Common open space shall be provided at a ratio of 50 square feet per dwelling unit, but shall be no less than 300 square feet. 3. Common open space shall have a minimum horizontal dimension of 25 feet. 4. Common open space is typically accomodated as a courtyard over the parking structure and/or located on roof decks. 5. Common open space shall include furniture such as benches, play structures, bike racks, games (chess tables, bocce ball, etc.), picnic tables. 6. Community swimming pools (not the Recreation Center) may be counted toward the common open space requirement. 7. Both private and common roof decks and terraces are encouraged. 8. If the project developer provides common open space on the second level or higher, then the minimum area of private open space may be reduced by 20 s.f. per dwelling unit. This reduction may not be used in combination with other reductions for private open space. 9. Common Areas over structures (including roof decks and terraces) shall provide structural integrity and appropriate design for container gardening and irrigation. F. landscape Standards: 1. Trees shall be included in common areas, green spaces, alleys and motor courts for shade and to soften building massing. 2. Shrub massings shall be used to provide visual interest and plant diversity. 3. Turf shall be used only as a recreational element in common areas and is not allowed in areas less than 8' wide. G. Frontage Guidelines; 1. See Sections 9.4 and 10.4 for applicable street frontage requirements. 2. Architectural and landscape elements should be used to delineate public, semi -private and private space. 3. Stoops, balconies, canopies and entry marquees may project into required street setbacks. H. Building Size and Massing: 1. Buildings may be four to five stories. 2. Massing shall be broken into multiple components resulting in an overall pedestrian scale. 3. Each use shall be distinctly expressed on the building exterior through scale, materials, detailing and ornament appropriate to each use. 4. Provide multiple off -setting planes at each facade. 5. Vary roof lines. 6. Other design guidelines in this chapter shall apply. I. Accessory Dwellings: Accessory dwellings are not allowed in the mixed-use building type. November 2017 SPECIFIC PLAN 10.19 Iconic Tower An Iconic Tower is featured in Village C, where it can be see from most of the Altair community and from Main Street in Old Town. A. Development Standards: 1. See Figure 10-40. 2. A commercial use may be located at the base of the tower. 3. There shall only be one iconic tower. B. Building Size Massing: 1. Tower height will be between 50 feet and 75 feet. 2. Proportions shall emphasize verticality. 3. Tower may be attached to a building or may be free-standing. DEVELOPMENT 10 STANDARDS Parking, services, open space, landscape standards, frontage guidelines and accessory dwelling regulations do not apply to this building type. SLOPED ROOF OF METAL OR TILE CLOCK OR SIGNATURE ARTWORK STONE OR BRICK VENEER ON ALL OR PORTION OF WALLS ON ALL SIDES REVEALS AND NARROW OPENINGS — DEEP OPENINGS WITH WRAPPED VENEER FINISH TO MAKE WALLS APPEAR THICK TOWER SHALL BE DESIGNED AS A 3-DIMENSIONAL ELEMENT TO BE VIEWED FROM ALL EXPOSED SIDES. CONCEPTUAL. IMAGE ONLY; ACTUAL DESIGN MAY VARY. IATfl-iiSPECIFIC PLAN November 2017 10-63 (DEVELOPMENT STANDARDS 10 — 10-54 10.20 Civic Buildings / Nature Center Civic buildings are located at the Civic Site, where a Nature Center is proposed (see Section 3.13). This category does not include community buildings, such as recreation centers and clubhouses that are described in Section 10.22. A. Development Standards: 1. The nature center at the Civic Site must be sensitive to the adjacent natural open space and the Pechanga Origin Area/ Traditional Cultural Place (TCP) site to the south. 2. The scale, materials and style of civic buildings should be appropriate for a public facility and should be an asset to the community. 3. Materials at the nature center shall be sturdy, fire-resistant and complementary to the natural setting, with massing and details appropriate to those materials, as seen in the "PARKitecture style" of many buildings in National Parks of the West. 4. Integrated indoor and outdoor spaces are encouraged. 5. Attached or detached shade structures that are appropriate to the building style are encouraged. 6. The building and key outdoor spaces should be arranged to maximize and/ or frame views that have historic or regional significance. Educational installations, such as plaques or artwork, are appropriate to explain these vistas. NATURE CENTER AT SAN ELIJO LAGOON. ENCINITAS, CALIFORNIA D. Lot Size: Not applicable to this building type. C. Access: 1. Building entries will typically be at the ground floor and should be apparent to visitors. 2. Pedestrian access must be provided from a public way, from public transportation, and from off-street parking. November 2017 SPECIFIC PLANt, �� .a D. Parking: 1. Surface parking must be landscaped per Section 10.6.12 and Temecula Municipal Code Section 17.24.050.H. Solar panels on canopy structures may be substituted for required trees in the same ratio. 2. See Section 3.13 for additional parking standards. E. Services: 1. Loading zones shall be provided per Temecula Municipal Code Section 17.24.060. Delivery and loading areas shall be screened from view from the street. 2. A single area for refuse, recycling and organic waste bins shall be provided and shall be screened by an opaque fence or wall and covered. 3. Additional refuse and recycling receptacles shall be distributed along trails and in parking areas. Receptacles shall have an integral lid or be otherwise designed to prevent wind-blown trash and to keep animals out. A combined refuse / recycling receptacle is preferred. 4. See Section 10.9 for enclosure and access requirements for trash collection. 5. Utilities shall be grouped and screened from view from the street, trails or common areas. F. Open Space Common open space will be provided as described in Section 3.13. Spaces should facilitate gatherings and the interaction of visitors with staff and with the surrounding environment. G. Landscape Standards: See Section 10.6.11 (Civic / Community) as well as the corresponding plant lists in Appendix A. H. Frontage Guidelines: 1. See Section 9.4 for applicable street and garden frontage types. 2. The nature center should provide a public front on all sides, not just a single facade. 2. Frontages for civic buildings should be of a larger scale than residential frontages to convey a greater sense of importance. 3. Architectural elements should characterize social institutions, rather than residences. Spaces that comprise civic frontages are public and should celebrate building entry. 4. Arcades, colonnades, entry courts and shopfronts are appropriate to civic buildings such as a nature center. They also provide shade and help to integrate the building into the landscape. Building Site and Massing 1. Buildings may be two stories maximum. 2. Floor plates of an individual building should not exceed 15,000 sf. 3. Individual buildings should be well-proportioned. Massing that sprawls horizontally, as in a large 1 -story building, does not present the proper stature of a civic building. Avoid tower forms that compete with the Iconic Tower at Altair's core. J. Accessory Dwelling A park ranger's residence is permitted, subject to City design review. =PI SPECIFIC PLAN November 2017 DEVELOPMENT 10 STANDARDS 10-65 DEVELOPMENT STANDARDS 10 - 10.21 School Buildings The educational buildings at the School Site will ultimately be designed and developed by the Temecula Valley Unified School District with public input. However, the guidelines and standards included in this Specific Plan should be followed to ensure that the school architecture complements the community of Altair and supports the underlying principles of smart growth, compact design, walkability and strong neighborhood identity. See Section 3.12 for further information regarding the site. A. Development Standards: 1. The School Site should be planned as a campus. There should be a clear integration of functional elements within each campus. Multiple buildings are preferred to reduce the overall scale and to create active space between buildings. 2. The relationship between buildings on a campus is as important as the buildings themselves. Buildings should refer to eachother to maintain a cohesive aesthetic. Buildings should be arranged to form outdoor rooms for shared use by occupants. 3. The scale, materials and style of school buildings should be appropriate for a public facility and should be an asset to the community. 5. Integrated indoor and outdoor spaces are encouraged. 6. Materials shall be durable, timeless, and shall give edifices a sense of importance, with massing and details appropriate to those materials. Brick and stone veneers are encouraged, as are metal roofs B. Lot Size; Not applicable to this building type. C. Access: 1. Building entries will typically be at the ground floor and should be apparent to students and visitors. 2. There should be a sense of formality to entering the buildings and /or the campus. 3. Clearly defined pedestrian access must be provided from a public way, from public transportation, and from off-street parking. D. Parking: 1. Surface parking must be landscaped per Section 10.6.12 and Temecula Municipal Code Section 17.24.050.H. Solar panels on canopy structures may be substituted for required trees in the same ratio. 2. See Sections 3.12 for additional parking standards. E. Services: 1. Loading zones shall be provided per Temecula Municipal Code Section 17.24.060. Delivery and loading areas shall be screened from view from the street. 2. A single area for refuse, recycling and organic waste bins shall be provided for each campus and shall be screened by an opaque fence or wall and covered. 3. See Section 10.9 for enclosure and access requirements for trash collection. 4. Utilities shall be grouped and screened from view from the street or common areas. November 2017 Mir SPECIFIC PLAN?Jjl ALEX G SPANOS ELEMENTARY SCHOOL DEVELOPMENT 10 STANDARDS F. Open Space: Common open space will be provided as described in Section 3.12. Spaces should facilitate education and recreation programs and the interaction of students. G. Landscape Standards: See Sections 10.6.9 (School) as well as the corresponding plant lists in Appendix A. H Fr9ntage Guidelines: 1. See Section 9.4 for applicable street frontage types. 2. Frontages for educational buildings should be of a larger scale than residential frontages to convey a greater sense of importance. 3. Architectural elements should characterize educational institutions, rather than residences. Spaces that comprise school frontages are public and should celebrate building entry. 4. Arcades, colonnades and entry courts are appropriate to educational buildings. They also provide shaded exterior common spaces to facilitate civic engagement. 5. Frontages should be designed to tie buildings together and create a single theme for the campus. For instance, buildings can be grouped around an entry court with an arcade linking them together. I, Building Size and Massing: 1. Buildings may be two stories maximum. 2. Individual buildings should be well-proportioned. Massing that sprawls horizontally, as in a large 1 -story building, does not present the proper stature of a school building. 3. Avoid tower forms that compete with the Iconic Tower at Altair's core. 1._ Accessory Dwellings: Not applicable. ffl(SPECIFIC PLAN November 2017 10-67 DEVELOPMENT STANDARDS 10 10.22 Community Buildings The main community buildings at Altair are located in Village C around its central Plaza that anchors the western end of the Main Street axis to the Temecula Civic Center, These include a Recreation Center with pool to the west of Altair Vista and a Community Center / Clubhouse east of Altair Vista at the high point of the Village C Park. Smaller community buildings may also occur in the other villages, such as at neighborhood pools and parks. A. Development Standards: 1- The combined community buildings at Village C should frame and define the central Plaza and promontory steps that anchor the Main Street axis. The two buildings should relate to each other to form a cohesive whole. 2. Community buildings should be four-sided, due to their prominent and central location, The Community Center, especially, must have facades addressing the Plaza and Altair Vista as well as the Park. The Park facade may be slightly different in character to engage terraces into the Park and to take advantage of the expanding views. 3. Community buildings should be used to negotiate grade changes, nestling into hillsides, with entries on multiple levels where possible. The Recreation Center, in particular, shall be a two-story structure forming the north edge of the promontory steps, with building entries at the top and bottom landings of these steps and a publicly accessible elevator. 4. Community Buildings should combine interior and exterior space through such design ele- ments as courtyards, terraces, colonnades, roof overhangs and permeable walls with large openings. B. Lok$ix : Not applicable to this building type. C. Access: 1, Building entries should occur on all at -grade levels and should be apparent to visitors. 2. Pedestrian access must be provided from the common circulation network and from off- street parking. D. Parking: 1. Per Table 10-3. This ratio assumes that most users of Community facilities will be residents who will walk or bike to the facility. 2. Surface parking must be landscaped per Section 10.6.12 and Temecula Municipal Code Section 17.24.050.H. Solar panels on canopy structures may be substituted for required trees in the same ratio. November 2017 SPECIFIC PLANM E. 1. Services: Loading zones shall be provided per Temecula Municipal Code Section 17.24.060. Delivery and loading areas shall be screened from view from the street. 2. An area for refuse, recycling and organic waste bins shall be provided and shall be screened by an opaque fence or wall and covered. 3. See Section 10.9 for enclosure and access requirements for trash collection. 4. Utilities shall be grouped and screened from view from the street or common areas. 5. Mechanical equipment such as cooling towers and water heaters should be located on the building roof and screened from view from the street or from above by parapets, equipment screens or trellises. F. Open Space: Open space requirements do not apply to this building type. However, community buildings are typically adjacent to or within shared open spaces and should be integrated into these landscapes through stepped massing, courtyards, arcades or low walls. G. Landscape Standards: See Sections 10.6.11 (Civic / Community) as well as the corresponding plant lists in Appendix A. H. Frontage Guidelines: 1. See Section 9.4 for applicable street frontage types. 2. Frontages for community buildings should be of a larger scale than residential frontages to convey a greater sense of importance. 3. Architectural elements should characterize social institutions. Residential elements such as porches and pitched roofs may also be appropriate, but should be at a larger scale. 4. Arcades, colonnades and entry courts are appropriate to community buildings and provide shaded indoor/outdoor space for passive recreation. 5. A community building sets the aesthetic tone for the village where it is located. The main Recreation Center and Club House, in particular, should be stylistically similar or of similar materials to establish Altair's architectural image. Building Size and Massing: 1. Buildings may be one to three stories tall. 2. Floor plates of individual buildings should not exceed 40,000 sf. 3. Individual buildings should be well-proportioned. Massing that sprawls horizontally, as in a large 1 -story building, does not present the proper stature of a civic building. Avoid tower forms that compete with the Iconic Tower at Altair's core. J. Accessory Dwellings: Not applicable. 1NSPECIFIC PLAN', November 2017 DEVELOPMENT 10 STANDARDS 10-69 IMPLEMENTATION c IMPLEMENTATION The methodology for the implemenation of the Altair Specific Plan is provided in accordance with Government Code 65451 of the California Planning law, which requires "a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out" the specific plan. The following elements compose the Implementation Program: 1. Adoption of the Specific Plan and General Plan Amendment 2. Administration of the Specific Plan 3. Development Agreement 4. Environmental Impact Report (EIR) and Mitigation + Monitoring Program S. Master Tentative Tract Map 6. Master Conceptual Grading Plan 7. Discretionary Approvals 8. Individual Tentative and Final Maps 9. Finish Grading Plans and Improvement Plans 10. Financing Strategies 11. Maintenance Program The Altair Specific Plan will be adopted by Ordinance of the City of Temecula City Council. Adoption of the Specific Plan defines land use and development standards for the project area which shall supersede current zoning regulations. 11.1 Regulations that Administer the Specific Plan 11.1.1 Development in the Altair Specific Plan area shall be regulated by this document in combination with the City of Temecula General Plan and Title 17 of the Temecula Municipal Code (referred to as the City of Temecula Development Code). Unless otherwise regulated in this Specific Plan, the following Articles of the City of Temecula Development Code shall apply: Chapter 17.01 General Provisions Chapter 17.03 Administration of Zoning Chapter 17.04 Permits, except 17.04030 Horne occupation permits does not apply. A home occupation permit is not required for accessory commercial uses in residential zones (i.e. live/work). Chapter 17.06.050(I.)Family Day Care Home Facilities Chapter 17.06.060 Landscape Standards Chapter 17.16 Specific Plan Zoning District Chapter 17.26 Covenants for Easements Chapter 17,34 Definition of Terms Chapter 8.48 Heritage Tree Ordinance Chapter 17.32 Water Efficient Landscape Design I SPECIFIC PLAN November 2017 IMPLEMENTATION 11 The City shall enforce the provisions of the Altair Specific Plan and City Development and Subdivision Codes for all projects located wholly or partially within the Altair Specific Plan area limits, in accordance with the State of California Government Code, Subdivision Map Act and Local Subdivision Ordinance. In case of conflict with directives or restrictions in other documents, the requirements of this specific plan shall apply. Where regulation is not provided in this Specific Plan, the provisions of the Development Code shall prevail. 11.1.2 Minor modifications to the approved Specific Plan which will not detract from the general intent of the plan may be approved by the Planning Director. Such modifications may include, among other allowances: 1. Changes in the size of planning districts (i.e. Villages) not exceeding 20 percent of their gross area and not increasing the overall density of the project. 2. Transfer of density between planning districts, with limitations as described in Section 11.5. 3. Changes to the alignment of pedestrian and/or bicycle paths, or utility networks from that shown in the Specific Plan figures, as long as intended linkages are maintained. 4. Modifications to the orientation of buildings and site elements such as yards, walls, walkways, landscaping or parking from that shown in typical examples. 5. Plant material substitutions, as long as they are consistent with the Landscape Development Standards. 6. Variations of materials, color, architectural styles or design details from those shown in the examples. 7. Reductions from required setbacks not to exceed 15 percent. 8. Future adoption of a Signage Program. 9. Phasing that differs from the Conceptual Phasing Plan and the Phasing Summary in this Specific Plan, as long as the infrastructure and community facilities needs of Altair are met. Any changes to the approved Phasing Plan shall require review and approval from the Planning, Public Works and Fire Departments. 10. The Planning Director has the option to allow up to 10% of the required parking stalls to be compact stalls with minimum dimensions of eight feet wide by sixteen feet long, when utilized with electric vehicle charging stations or extensive bike rack systems above the minimum requirements. 11. Exceptions to fence height and material standards at sports fields and dog parks. 11.1.3 Development plans for individual projects (i.e. by Merchant Builders) within the Altair Specific Plan area shall be submitted to the City of Temecula and reviewed by several departments under the following sequential process: 1. Master Developer Consultation With Guest Builder: Guest Builders submit architectural, civil and landscape plans, elevations, sections, renderings and material/color sample boards to the Master Developer. Necessary design revisions are made following consultation. Guest Builders must have approval from the Master Developer prior to making a Pre -Application Submittal to the City of Temecula. November 2017 SPECIFIC PLANT/ 11 IMPLEMENTATION 2. Standard Pre -Application Submittal: Following Master Developer approval, a pre -application submittal is made to the City. This free review is intended to provide a more efficient Development Plan review and public hearing process. Applications are reviewed by the Planning, Public Works, Fire, Building and Safety, and Police Departments to assist in providing critical design feedback. The review period is two weeks. Any revisions made during the pre -application process shall be reviewed with the Master Developer prior to Development Plan Submittal to the City. The pre- application submittal should include the following: A. Site plan to include common open space calculation, size and location B. Conceptual architecture plans and elevations C. Private open space calculation, locations and dimensions D. Pedestrian circulation exhibit. E. Trash exhibit. Show garage dimensions and bin locations in single-family residential projects, refuse / recycling enclosure locations, dimensions, materials and cover design in multifamily and commercial development. Show collection route with clearances. See Section 10.10. F. Dimensioned parking exhibit and calculation. See Table 10-3. G. Utilities screening and location exhibit (AC units, electric meters, FDC/PIV, etc...) H. Sign location and size parameters; show dimensioned envelope where signage will occur. Include proposed sign materials and illumination method. See Section 10.5. I. Frontage exhibit. See Figure 9.2 for street and garden frontage orientation. Provide 3-dimensional diagram showing frontage type per Section 9.4 and compliance with build -to line regulations in Section 10.4 and Table 10.2. 3. Development Plan Approval: Development plans and related documents, such as tract maps, grading plans, architectural and engineering drawings are reviewed by the appropriate departments for compliance with requirements and guidelines of this specific plan, The Temecula Municipal Code, conditions of approval and other applicable codes and regulations. Fees are charged for Development Plan review. For Development Plan Approval, City staff must make the following findings: 1. The proposed use is in conformance with the General Plan, Specific Plan, Development Agreement, EIR and MMRP and with all applicable requirements of State law and other Ordinances of the City. 2. The overall development of the land is designed for the protection of the public health, safety and general welfare. 4. Conditions Of Approval govern utilization of the Development Permit and list infrastructure improvements and other requirements necessary for the project or benefitting the community. 5. Planning Commission Approval of each Development Plan is required in order to obtain a Development Permit. SPECIFIC PLAN November 2017 11-3 IMPLEMENTATION 11 PkvAe( STRIIrs wac Srn[(TS arr-9t[ smLTS Altair Novombur 2017 SPECIFIC MiKuLminala 11 IMPLEMENTATION Once the Development Permit has been granted, builders may proceed with Plan Check, in which construction documents are reviewed for compliance with requirements and guidelines of this specific plan, conditions of approval and all applicable City, state and federal codes, regulations and standards. Building permits are then issued after approval of construction documents and collection of securities and Development Impact Fees (DIF), as outlined in the Development Agreement. 11.2 Capital Improvements Several capital projects are needed for the successful implementation of the Altair Specific Plan. The projects are listed and detailed in the Development Agreement between the Master Developer and the City of Temecula (see Section 11.7). These projects include: Western Bypass Road connecting SR -79 South (Temecula Parkway) to Rancho California Road via Vincent Moraga Drive. Improvements to Rancho California Road at its intersection with the Western Bypass Bridge over Murrieta Creek between Western Bypass and Temecula Parkway Storm water management system Water system improvements Sewer system improvements B Street intersection with Pujol Street and with the Western Bypass Pedestrian promenade at the west end of Main Street (west of Pujol Street) 11.3 Phasing Altair will be developed in multiple phases, with the advancement of circulation, utilities and other infrastructure as necessary for each phase. Relocation of substantial quantities of earth, particularly in grading of the Western Bypass Corridor, is an important consideration in the phasing schedule to avoid soil export and subsequent re -grading. The north parcels at Villages A and B are anticipated to comprise the first phase of development. Phasing will subsequently continue southward, village by village, as indicated in Figure 11-2 Phasing Plan. The process of developing the site, village by village, will be commensurate with market demand. The Development Agreement between the Master Developer and the City of Temecula outlines the on-site and off-site infrastructure improvements that must be complete at certain development thresholds within each phase. Phasing may occur out of sequence, as long as the infrastructure required for that phase is completed. NMSPECIFIC PLAN November 2017 11-5 IMPLEMENTATION 11 PHASING SUMMARY PINK ISP r ft wKMU MW Mb "v we "y. so IM/ MN, wa1 wr �4 p • gi KIM am t... ALAI 7 Y m.• Intal Intal T of »� oci r Mil MN 41// w IWa Y to as ac= MA, PHASING MAP TRACT MAP\ NO. 36959.1 NORTH PHASE \, • 1 1 kvt�� ,MAP.TRACT MAP � NO. 36959.2 1 CENTRAL PHASE !�� � _D TRACT MAP 11111112:e67 / E ii 41644 NO. 36959-3 1 m © SOUTH PHASE 1 �/ 1111t e 1 &:Ilc 7/S A , � 1 aF IB \ C y ` f /to s/411, TRACT MAP NO. 36959 CIVIC PHASE rap. IMO, GRAPHIC SCALE 11.1.!,!0!5111) uo Figure 11-2 Altair Conceptual Phasing Plan November 2017 SPECIFIC PLANFJ 11.4 Maintenance 11 IMPLEMENTATION Maintenance shall generally be the responsibility of the property owners within the Altair development, except at public roads and any spaces dedicated to the City of Temecula. Included in this project are parks, parkways and public areas that beautify the development. The future maintenance of these common areas into perpetuity shall be the responsibility of the Home Owner's Association (HOA) established by the development. There will be a Master HOA for spaces shared by the entire community and sub-HOA's within each village or planning district. Common area landscaping and open areas will be developed in conjunction with the project. The maintenance of these areas will also be the responsibility of the Home Owner's Association. See Figure 11-3 Developer Responsibility Map. The following areas will be maintained by the City: • Western Bypass Corridor, including the Class 1 Bikeway where it is in the public right of way. The main portion of the Class 1 Bikeway is on private property and will be maintained by the Master HOA. • the north portion of Altair Vista from Coromell Trail to the Western Bypass • "B" Street south • "C" Street • Village C Park • Grand Stair • Plaza at west end of Main Street (Main Street Transition) The School site will be maintained by the Temecula Valley Unified School District (TVUSD) after ownership of the property is transferred to the District. If the TVUSD declines to accept the dedication, then the property will be maintained by the respective property owners and the Master HOA, as applies. 11.5 Density Transfer Transfer of dwelling units is permitted between districts in the specific plan area with the following limitations: A. The total number of dwelling units in the specific plan area shall not exceed 1,750 units. B. No planning area may exceed the target quantity of dwelling units by more than 20%. C. Transfer must not cause significantly increased or new environmental impacts. D. Circulation, infrastructure and utility systems must be adequate for the altered density distribution. E. Applications for density transfer shall include a Project Residential Unit Reconciliation Report comparing the approved number of units to the proposed quantity for each planning area, including the remaining permitted quantity of dwelling units. SPECIFIC PLAN November 2017 f1=T IMPLEMENTATION 11 L Master Developer Constructed, Master Developer Constructed, Master HOA Maintained Master Developer Constructed, Sub HOA Maintained Master HOA Maintained Deeded to Guest Builder, Deeded to Guest Builder, Private Roads: Master Developer Responsible for Curb to Curb Street Improvements, Master HOA Maintained Public Roads: Master Developer Responsible for Curb to Curb Street Improvements, City of Temecula Maintained Master Developer Road Frontage Improvements, Deeded to the City of Temecula for Maintenance Master Developer Constructed Pedestrian Corridor Improvements, Master HOA Maintained Master Developer Park Improvements, Deeded to the City of Temecula for Maintenance Master Developer Park Improvements, Easement Granted to the City of Temecula for Maintenance Master Developer Park Improvements on Land Owned and Maintained by the City of Temecula Master Developer Park Improvements, Master HOA Maintained Master Developer Recreation Center, Master HOA Maintained Guest Builder Constructed, Sub HOA Maintained Map November 2017 SPECIFIC PLANE 11 IMPLEMENTATION 11.6 Lot Reconfiguration or Consolidation Lots within the Altair Specific Plan area may be consolidated, subdivided or otherwise adjusted as allowed by the Subdivision Ordinance of the City of Temecula and other applicable codes. Such adjustments do not require an amendment this Specific Plan, as long as the resultant lot(s) comply with the intent and guidelines of this Specific Plan. All lots shall meet the minimum lot dimensions outlined in Section 10, Development Standards. This Specific Plan does not limit construction of buildings over lot lines of contiguous Tots under the same ownership. 11.7 Financing Strategies Funding for the construction of the infrastructure and facilities at Altair may be provided by a variety of potential sources, such as Developer Financing; Development Impact Fees (DIF); Transportation Uniform Mitigation Fees (TUMF); Federal, State or Local Grant Funding; or revenue from any Community Facilities District, Assessment District, Infrastructure Financing District, Gasoline Taxes, or the General Fund. In several instances including but not limited to the construction of the Western Bypass Corridor and Bridge, the sewer facilities, parks, etc., the developer shall utilize fee credits and/or reimbursements from the various agencies, including the City of Temecula, to directly off -set the costs expended by the developer. Some of these credits and reimbursements are outlined in the Development Agreement described below. The Master Developer and the City of Temecula will enter into a Development Agreement for Altair Specific Plan and Related Entitlements to enable adequate and timely funding of the infrastructure necessary to Altair's success. The Agreement will outline public and private improvement cost responsibilities, project related costs, credits and/or reimbursements and corresponding agencies. The Development Agreement lays out the timing of infrastructure improvements relative to project phasing. A Community Finance District (CFD) will be formed which will include special taxes to fund public infrastructure related to the project as well as the projected annual deficit for the cost of City Services. SPECIFIC PLAN November 2017 11-9 IMPLEMENTATION 11 11.8 Services Deficit Fiscal Impact Payments A. The City and owners estimate that the increased costs to the City of providing public safety and other municipal services to the area resulting from the General Plan Amendment, adoption of the Specific Plan, and change of zone for the Project will substantially exceed the municipal revenue from the Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of September, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors of interest, shall pay the City the sum of Two Hundred Thirty -Seven Dollars (S237.00) per residential dwelling unit within the Project area that is an Occupied Residential Property, each year as mitigation for the City Services Deficit, with an increase in such payment each fiscal year in an amount of five and six -tenths percent (5.6%) of the previous year's payment. B. The owners and their successors to the property within the Project may fulfill this obligation through the levy of an annual special tax of a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq.; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owners and their successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. 11.9 Annual Wildlife Conservation Fee A. In order to facilitate local wildlife conservation efforts, each Occupied Residential Property in the Specific Plan area shall pay Forty -Three Dollars ($43.00) per dwelling unit per year, to be increased each fiscal year by a percentage equal to two percent (2%) of the prior year's payment, to fund the Annual Wildlife Conservation Fee for Wildlife Conservation Costs. B. For the purposes of this provision, "Occupied Residential Property" means an assessor's parcel in the Specific Plan area for which a building permit for residential construction and a certificate of occupancy or final inspection has been issued. C. For the purposes of this provision "Wildlife Conservation Costs" means: (1) The initial six million dollars ($6,000,000.00) of the Initial Wildlife Conservation Fee and the Wildlife Conservation Fee shall be held in an account by the City for the purposes of acquiring one hundred (100) acres of conservation lands within the Special Linkage Area south of the Property and/or in Riverside County and within ten (10) miles of the Property. RCA shall acquire such land and City shall reimburse RCA for the cost of its land purchase and associated closing costs, with interest, from the initial $6,000,000.00. The land acquisitions shall be in accordance with the RCA's equivalency standards for the acquisition of land submitted to the City prior to the City Council's approval of the Project. Once this objective has been satisfied, then the CITY shall use such funding November 2017 SPECIFIC PLAN(.1 11 IMPLEMENTATION thereafter for one or more of the conservation activities described below in subsections (2), (3) or (4). The interest rate for the reimbursement shall be simple annual interest at the rate equal to the average interest rate paid on deposits in the State Local Agency Investment Fund, Government Code Sections 16429.1 to 16429.4, during the year prior to July 1 of each year. (2) An engineering feasibility study to be prepared by the CITY in conjunction with the RCA within the Interstate 15 freeway Special Linkage Area south of the Property whose purpose is to evaluate locations and initiate engineering for a wildlife overcrossing or undercrossing across the Interstate 15 freeway in order to allow wildlife (including mountain lion) to safely travel between the Santa Margarita Ecological Reserve and the Palomar Mountain regions; and/or (3) Reimbursement to the RCA of its costs, with interest, for the acquisition of lands within the Special Linkage Area south of the Project for conservation (the interest rate for the reimbursement shall be simple annual interest at the rate equal to the average interest rate paid on deposits in the State Local Agency Investment Fund, Government Code Sections 16429.1 to 16429.4, during the year prior to July 1 of each year); and/or (4) Other wildlife conservation efforts, (1) within Riverside County; and (ii) within ten (10) miles of the Project Site undertaken by the City or RCA. D. The owners and their successors to the property within the Project may fulfill this obligation through the levy of an annual special tax of a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq.; provided, however, the obligation of each owner and their successors to pay the Annual Wildlife Conservation Fee payment under this obligation remains an obligation of the owners and their successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. 11.10 Severability If any section, subsection, sentence, clause phrase or portion of this specific plan, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this specific plan, or any future amendments or additions hereto. The City hereby declares that it would have adopted these requirements and each sentence, subsection, clause, phrase or porton or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional. r>ri SPECIFIC PLAN November 2017 APPENDIX Altair Appendix -Plant Lists (Refer to various Specific Plan Sections for Design Intent Descriptions of each area) NOTE: Plant species identified in Table 6-2 of the Multiple Species Habitat Conservation Plan (MSHCP) shall not be used in areas adjacent to the MSHCP corridor and/or native open space. Natural (Permanent) Slopes: Scientific Name Common Name Trees - Shade QUERCUS AGRIFOLIA QUERCUS CHRYSOLEPIS QUERCUS ENGLEMANN1I QUERCUS LOBATA Trees - Accent CEANOTHUS ARBOREUS CERCIS OCCIDENTALIS CERCOCARPUS BETULO/DES FRAXINUS DIPETALA HETEROMELES ARBUTIFOL!A PRUNUS ILICIFOLIA 1LICIFOL!A QUERCUS BERBERIDIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ASCLEPIAS FASCICULARIS ARCHTOSTAPHYLOS GLAUCA ARTEMISIA CAL1FORNICA BACCHARIS PILULARIS CEANOTHUS CRASSIFOL1US CEANOTHUS TOMENTOSUS CERCIS OCCIDENTALIS ALBA' ENCELIA FARINOSA EPILOBIUM CANUM SSP. CANUM KECKIELLA ANTIRHINNOIDES KECKIELLA CORDIFOLIA MIMUL US AURANTIACUS OPUNTIA LITTORALIS PENSTEMON HETEROPHYLLUS RHAMNUS CAL1FORNICA =VI SPECIFIC PLAN COAST LIVE OAK CANYON OAK ENGELMANN OAK VALLEY OAK ISLAND CEANOTHUS WESTERN REDBUD MOUNTAIN MA-IOGONY CALIFORNIA ASH TOYON HOLLYLEAF CHERRY SCRUB OAK LAUREL SUMAC BLUE ELDERBERRY CHAMISE NARROWLEAF MILKWEED BIGBERRY MANZANITA CALIFORNIA SAGEBRUSH COYOTE BRUSH HOARYLEAF CEANOTHUS RAMONA CEANOTHUS WESTERN REDBUD BRITTLE BUSH CALIFORNIA FUCHSIA YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON MONKEY -FLOWER COASTAL PRICKLY PEAR PENSTEMON COFFEEBERRY November 2017 Water SoCaI Use Native L X L X L X L X L X L X VL X L X L X VL X L X L X L X VL X L X L X L X L X L X L X L X L X L X L X L X L X L X L X L X A-1 A-2 Altair Appendix -Plant Lists (Refer to various Specific Plan Sections for Design Intent Descriptions of each area) NOTE: Plant species identified in Table 6-2 of the Multiple Species Habitat Conservation Pion (MSHCP) shall not be used in areas adjacent to the MSHCP corridor and/or native open space. Natural (Permanent) Slopes: Scientific Name Trees - Shade QUERCUS AGRIFOLIA QUERCUS CHRYSOLEPIS QUERCUS ENGLEMANNII QUERCUS LOBATA Trees - Accent CEANOTHUS ARBOREUS CERCIS OCCIDENTALIS CERCOCARPUS BETULOIDES FRAXINUS DIPETALA HETEROMELES ARBUTIFOLIA PRUNUS ILICIFOLIA ILICIFOLIA QUERCUS B£RBERIDIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ASCLEPIAS FASCICULARIS ARCHTOSTAPHYLOS GLAUCA ARTEMISIA CALIFORNICA BACCHARIS PILULARIS CEANOTHUS CRASSIFOLIUS CEANOTHUS TOMENTOSUS CERCIS OCCIDENTAL'S ALBA' ENCELIA FARINOSA EPILOBIUM CANUM SSP. CANUM KECKIELLA ANTIRH/NNOIDES KECKIELLA CORDIFOLIA MIMULUS AURANTIACUS OPUNTIA LITTORALIS PENSTEMON HETEROPHYLLUS RHAMNUS CALIFORNICA Common Name COAST LIVE OAK CANYON OAK ENGELMANN OAK VALLEY OAK ISLAND CEANOTHUS WESTERN REDBUD MOUNTAIN MAHOGONY CALIFORNIA ASH TOYON HOLLYLEAF CHERRY SCRUB OAK LAUREL SUMAC BLUE ELDERBERRY CHAMISE NARROWLEAF MILKWEED B!GBERRY MANZANITA CALIFORNIA SAGEBRUSH COYOTE BRUSH HOARYLEAF CEANOTHUS RAMONA CEANOTHUS WESTERN REDBUD BRITTLE BUSH CALIFORNIA FUCHSIA Water SoCaI Use Native L L L L L L VL L L VL L L L VL L L L L L L L L L YELLOW PENSTEMMON L HEART -LEAVED PENSTEMMON L MONKEY -FLOWER L COASTAL PRICKLY PEAR L PENSTEMON L COFFEEBERRY L November 2017 SPECIFIC PLANI'I Temporary Slopes: Seed Mix AMBROSIA PSILOSTACHYA ARTEMISIA CALIFORNICA CAMISSONIOPSIS CHEIRANTHIFOLIA CLARKIA PURPUREA CORETHROGYNE FJLAGINIFOLIA DISTICHLIS SPICATA STRICTA ERIOGONUM FASCICULATUM ERIOPHYLLUM CONFERTIFLORUM ESCHSCHOLZIA CALIFORNICA GALIUM ANGUSTIFOLI UM ISOCOMA MENZIES!! LUPINUS BICOLOR SALVIA APIANA SALVIA MELLIFERA STIPA PULCHRA Seed Mix Supplemental Products CONWED 1000 WOOD FIBER ECOLOGY CONTROLS M-BINDER/TACK BIOSOL FORTE 7-2-1 ORGANIC FERTILIZER AM -120 MYCORRHIZAL INOCULUM TRI -C SOLUBLE HUMATE Pure Live Seed Lbs./Acre WESTERN RAGWEED CALIFORNIA SAGEBRUSH SUN CUP FOUR -SPOT CLARK!A CALIFORNIA -ASTER SALTGRASS BUCKWHEAT GOLDEN -YARROW CALIFORNIA POPPY NARROW -LEAVED BEDSTRAW GOLDENBUSH MINIATURE LUPINE WHITE SAGE BLACK SAGE PURPLE NEEDLEGRASS 0.50 1.00 0.20 0.20 0.10 1.00 2.00 0.70 1.50 0.50 0.50 2.00 0.50 1.00 3.00 Application Rate 2000 LBS/ACRE 200 LBS/ACRE 800 LBS/ACRE 60 LBS/ACRE 1 LBS/ACRE NOTE: THIS LIST 15 NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. NSPECIFIC PLAN November 2017 APPENDIX A-4 Hiking Trails, Bikeways Scientific Name Trees - Shade QUERCUS AGRIFOL!A QUERCUS CHRYSOLEPIS QUERCUS ENGLEMANNI! QUERCUS LOBATA Trees - Accent CEANOTHUS ARBOREUS CERCIS OCCIDENTALIS CERCOCARPUS BETULOIOES FRAXINUS DIPETALA HETEROMELES ARBUT!FOL IA PRUNUS ILICIFOLIA ILICIFOLIA QUERCUS BERBERIDIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ASCLEPIAS FASCICULARIS ARCHTOSTAPHYLOS GLAUCA ARTEMISIA CALIFORNICA BACCHAR!S PILULARIS CEANOTHUS CRASSIFOLI US CEANOTHUS TOMENTOSUS CERCIS OCCIDENTALIS "ALBA' ENCELIA FARINOSA EPILOBIUM CANUM SSP. CANUM KECKIELLA ANTIRH!NNOIDES KECKIELLA CORDIFOL!A MIMUL US AURANT/ACUS OPUNTIA LITTORAL'S PENSTEMON HETEROPHYLLUS RHAMNUS CALIFORNICA RHUS INTERG!FOL!A SALVIA APIANA SALVIA MELLIFERA XYLOCOCCUS BICOLOR Groundcovers AOENOSTEMA FASCICULATUM 'NICOLAS' ARTEMESIA CALIFORNICA 'CANYON GRAY' Common Name COAST LIVE OAK CANYON OAK ENGELMANN OAK VALLEY OAK ISLAND CEANOTHUS WESTERN REDBUD MOUNTAIN MAHOGONY CALIFORNIA ASH TOYON HOLLYLEAF CHERRY SCRUB OAK LAUREL SUMAC BLUE ELDERBERRY CHAMI SE NARROWLEAF MILKWEED BIGBERRY MANZANITA CALIFORNIA SAGEBRUSH COYOTE BRUSH HOARYLEAF CEANOTHUS RAMONA CEANOTHUS WESTERN REDBUD BRITTLE BUSH CALIFORNIA FUCHSIA YELLOW PENSTEMMON L HEART -LEAVED PENSTEMMON L MONKEY -FLOWER L COASTAL PRICKLY PEAR PENSTEMON COFFEEBERRY LEMONADEBERRY WHITE SAGE BLACK SAGE MISSION MANZANITA Water SoCaI Use Native L X L X L X L X L X L X VL X L X L X VL X L X L X L X VL X L X L X L X L X L X L X L X L X L X X X X L X L X L X L X VL X L X L X VL X X PROSTRATE CHAMISE CANYON GRAY SAGEBRUSH November 2017 SPECIFIC PLANFJlIT- BACCHARIS PILULARIS 'PIGEON POINT' ERIOGONUM FASCICULATUM 'DANA POINT' ELYMUS TRITICOIDES ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM Vines LONICERA SUBSPICATA VITIS CALIFORNICA Seed Mix AMBROSIA PSILOSTACHYA ARTEMISIA CALIFORNICA CAMISSONIOPSIS CHEIRANTHIFOLIA CLARKIA PURPUREA CORETHROGYNE F!LAGINIFOL!A DISTICHLIS SPICATA STRICTA ERIOGONUM FASCICULATUM ERIOPHYLLUM CONFERTIFLORUM ESCHSCHOLZIA CALIFORN!CA GALIUM ANGUSTIFOLIUM ISOCOMA MENZIES!! LUPINUS BICOLOR SALVIA APIANA SALVIA MELLIFERA STIPA PULCHRA Seed Mix Supplemental Products CONWED 1000 WOOD FIBER ECOLOGY CONTROLS M-BINDER/TACK BIOSOL FORTE 7-2-1 ORGANIC FERTILIZER AM -120 MYCORRHIZAL INOCULUM TRI -C SOLUBLE HUMATE DWARF COYOTE BUSH DANA POINT BUCKWHEAT BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT L VL L L L CHAPARRAL HONEYSUCKLE L CALIFORNIA WILD GRAPE L Pure Live Seed Lbs./Acre 0.50 1.00 0.20 0.20 0.10 1.00 2.00 0.70 1.50 0.50 0.50 2.00 0.50 1.00 3.00 WESTERN RAGWEED CALIFORNIA SAGEBRUSH SUN CUP FOUR -SPOT CLARKIA CALIFORNIA -ASTER SALTGRASS BUCKWHEAT GOLDEN -YARROW CALIFORNIA POPPY NARROW -LEAVED BEDSTRAW GOLDENBUSH MINIATURE LUPINE WHITE SAGE BLACK SAGE PURPLE NEEDLEGRASS Application Rate 2000 LBS/ACRE 200 LBS/ACRE 800 LBS/ACRE 60 LBS/ACRE 1 LBS/ACRE NOTE: SEED MIX MAY BE OMITTED WHEN FULL PLANT COVERAGE IS OBTAINED THROUGH CONTAINER STOCK. NOTE: THIS LIST IS NOT ALL INCLUSIVE. AODITONAL SPECIES MAY BE ADDED !F APPROVED BY THE PLANNING DEPARTMENT. SPECIFIC PLAN November 2017 A-5 Key Pedestrian Walkways Scientific Name Trees - Shade ACACIA STENOPHYLLA ALBIZIA JULIBR1SS/N ARBUTUS 'MARINA' CERCIDIUM 'DESERT MUSEUM' CHITALPA x TASHKENTENSIS GEIJERA PARVIFLORA LAURUS NOBILIS 'SARATOGA' OLEA EUROPAEA 'SWAN HILL' PINUS ELDAR/CA PISTACHIA CHINENS1S POPULUS FREMONT!! 'NEVADA' QUERCUS AGRIFOLIA QUERCUS ENGLEMANNI! QUERCUS ILEX QUERCUS VIRGINIANA 'HERITAGE' RHUS LANCEA Trees - Accent ARBUTUS UNEDO CERCIS OCCIDENTALIS CHILOPS1S LINEAR'S 'WARREN JONES' CITRUS SPP. LAGERSTROEMIA INDICA HE TEROMEL ES ARBUTIFOLIA PRUNUS ILICIFOLIA 1LICIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ADENOSTOMA SPARSIFOLIUM ASCLEPIAS FASCICULARIS AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP_ ARISTIDA PURPUREA ARTEMISIA CAL!FORNICA BACCHARIS PILULARIS BACCHARIS SAROTHROIDES BAILEYA MULTIRADIATA BUDDLEIA MARRUBIIFOLIA Common Name SHOESTRING ACACIA SILK TREE MARINA ARBUTUS PALO VERDE CHITALPA AUSTRALIAN WILLOW SWEET BAY FRUITLESS OLIVE AFGHAN PINE CHINESE P1STACHE WESTERN COTTONWOOD COAST LIVE OAK ENGELMANN OAK HOLLY OAK SOUTHERN LIVE OAK AFRICAN SUMAC STRAWBERRY TREE WESTERN REDBUD W. JONES DESERT WILLOW ORGANGE, LEMON, LIME, ETC. CRAPE MYRTLE TOYON HOLLYLEAF CHERRY LAUREL SUMAC BLUE ELDERBERRY CHAMISE RED SHANKS/RIBBONWOOD NARROWLEAF MILKWEED CENTURY PLANT MANZANITA CULTIVARS MANZANITA PURPLE THREE AWN CALIFORNIA SAGEBRUSH COYOTE BRUSH DESERT BROOM DESERT MARIGOLD WOOLLY BUTTERFLY BUSH November 2017 Water SoCaI Use Native L M M L X L M L L L M M X L X L X L M L L L L M M L X VL X L X L X VL X VL X L X L L L X L X L X L X L X L L SPECIFIC PLANFJ BULBINE FRUTESCENS CALLIANDRA CALIFORN!CA CALLIANDRA ERIOPHYIA CALLISTEMON VIM. 'LITTLE JOHN' CEANOTHUS CRASSI FOL l US CEANOTHUS CULTIVARS CEANOTHUS TOMENTOSUS CISTUS SPP. CONVOLVULUS CNEORUM COREOPSIS AUR!CULATA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. ELAEAGNUS PUNGENS ENCELIA FARINOSA ECHINOCACTUS GRUSONHI EPILOBIUM SPP. (ZAUSCHNERIA) EREMOPH!LA HYGRO. 'BLUE BELLS' EUPHORBIA MILL! 'RED! -RED' FEIJOA SELLOW)ANA GALVESIA SPECIOSA GREVILLEA SPP. GAURA LINDHE!MERI HESPERALOE PARVIFLORA HETEROMELES ARBUTIFOLIA ILEX VOMITORIA KECKIELLA ANT!RHJNNOIDES KECKIELLA CORDIFOLIA LANTANA SPP. LAVANDULA SPP. LEUCOPHYL!UM FRUTESCENS LIGUSTRUM JAPONICUM 'TEXANUM' LOTUS SCOPARIUS MAHONIA NEVINII MIMUL US AURANTIACUS MUHLENBERGIA RIGENS MYRTUS COMMUNIS OPUNTIA LITTORALS OPUNTIA SANTA-RITA 'TUBAC' PENSTEMON HETEROPHYLLUS PODOCARPUS MACROPHYLLUS 'MAKI' RHAPHIOLEPIS 'MAJESTIC BEAUTY' RHAPHIOLEPIS UMBELLATA 'MINOR' RHAMNUS CALIFORNICA RHUS !NTERGIFOLIA RHUS OVATA RIBES SPP. 7M SPECIFIC PLAN BULBINE BAJA DUSTER FAIRY DUSTER LITTLE JOHN BOTTLEBRUSH HOARYLEAF CEANOTHUS CEANOTHUS RAMONA CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON SILVERBERRY BRITTLE BUSH GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH RED EUPHORBIA PINEAPPLE GUAVA ISLAND BUSH SNAPDRAGON GREVILLEA GUARA RED/YELLOW YUCCA TOYON YAUPON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON LANTANA LAVENDER TEXAS RANGER JAPANESE PRIVET DEAR WEED NEVIN MAHONIA MONKEY -FLOWER DEER GRASS MYRTLE COASTAL PRICKLY PEAR PURPLE PRICKLY PEAR PENSTEMON SHRUBBY YEW PINE MAJESTIC BEAUTY YEDDO HAWTHORN COFFEEBERRY LEMONADEBERRY SUGAR BUSH CURRENT November 2017 L L VL M L X L L X L L L L L L L X L L X L L M L X L M L L X L L X L X L L L M VL X L t X M X M L X L L X M M M L X i X L X M X APPENDIX A -t APPENDIX A-8 SALVIA APIANA SALVIA CHAMAEDROIDES SALVIA CLEVELAND!! SALVIA GREG!! SALVIA LEUCOPHYLLA SALVIA MELLIFERA SALVIA TRIDENT SANTOLINA SPP. SIMMONDSIA CHINENSIS TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DE LA MINA' WESTRINGIA FRUTICOSA XYLOCOCCUS BICOLOR Groundcovers BACCHARIS 'CENTENNIAL' BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ELYMUS TRITICO!DES ENCELIA CAL!FORN!CA ERIOGONUM FASCICULATUM LEYMUS COND. 'CANYON PRINCE' ROSEMARINUS 'PROSTRATUS' SENECIO MANDRAL!SCAE SENECIO SERPENS Vines FICUS PUMILA MACFADYENA UNGUIS-CATI PARTHENOCISSUS TR!CUSPIDATA VITIS CALIFORNICA WHITE SAGE BLUE SAGE CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE BLACK SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA COAST ROSEMARY MISSION MANZANITA BENTENNIAL BACCHARIS DWARF COYOTE BRUSH CEANOTHUS DYMONDIA BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT BLUE LYME GRASS TRAILING ROSEMARY KLEINIA BLUE CHALKSTICKS CREEPING FIG CAT'S CLAW BOSTON IVY CALIFORNIA WILD GRAPE VL X i X L L L L X L L VL X L i X L L X L L L L L X L X L X L X L L L M L M L X NOTE: THIS LIST IS NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. November 2017 SPECIFIC PLAN Drainage Draws, Bioswales, Retention/Detention/Water Quality Basins Scientific Name Trees - Shade PLATANUS ACERIFOLJA `BLOODGOOD`** PLATANUS ACERIFOLIA 'COLUMBIA'** PLATANUS RACEMOSA 'ROBERTS' POPULUS FREMONT!! 'NEVADA' QUERCUS AGRIFOLIA SALIX LASIOLEPIS Common Name LONDON PLANE TREE LONDON PLANE TREE CALIFORNIA SYCAMORE WESTERN COTTONWOOD COAST LIVE OAK ARROYO WILLOW* (* WET AREAS ONLY) Water SoCaI Use Native M M M X M X L X H X ** Use near roads or hardscape areas only, otherwise use native California Sycamore. Trees - Accent SAMBUCUS NIGRA CAERULEA Shrubs/ Grasses ASCLEPIAS FASCICULARIS ARTEMISIA DOUGLASIANA BACCHARIS SALICIFOLIA JUNCUS MEXICANUS JUNCUS PATENS JUNCUS X1 PHOI DES LEYMUS CONDENSATUS 'CANYON PRINCE' MUHLENBERGIA RIGENS RIBES SPP. ROSA CALIFORNICA RUBUS URSINUS VERBENA LASIOSTACHYS Seed Mix ACHILLEA M!LLEFOLIUM AGROSTIS PALLENS AMBROSIA PSILOSTACHYA ARTEMISIA DOUGLASIANA CLAYTONIA PERFOLIATA DESCHAMPSIA DANTHONJOIDES GRACILIS ELYMUS TRITICOIDES HORDEUM BRACHYANTHERUM JUNCUS BUFONIUS MIMULUS GUTTATUS MUHLENBERGIA RIGENS OENOTHERA EL4TA HOOKER!! SPECIFIC PLAN BLUE ELDERBERRY NARROWLEAF MILKWEED MUGWORT MULE FAT MEXICAN RUSH CALIFORNIA GRAY RUSH !RIS -LEAVED RUSH BLUE LYME GRASS DEER GRASS CURRENT CALIFORNIA ROSE CALIFORNIA BLACKBERRY WESTERN VERAIN L X L M M M M M M M M M M M X X X X X X X X X X X X Pure Live Seed Lbs./Acre COMMON YARROW SEASHORE BENT GRASS WESTERN RAGWEED CALIFORNIA MUGWORT MINER'S LETTUCE ANNUAL HAIR GRASS BEARDLESS WILD RYEGRASS MEADOW BARLEY TOAD RUSH COMMON MONKEYFLOWER DEERGRASS EVENING PRIMROSE November 2017 1.00 3.00 0.50 0.20 0.20 0.50 1.00 2.00 0.10 0.10 0.30 0.50 A-9 APPENDIX A-10 - PLANTAGO INSULARIS FESTUCA MICROSTACHYS TRIFOLIUM OBTUSIFLORUM Seed Mix Supplemental Products CONWED 1000 WOOD FIBER ECOLOGY CONTROLS M-BINDER/TACK BIOSOL FORTE 7-2-1 ORGANIC FERTILIZER AM -120 MYCORRHIZAL INOCULUM TRI -C SOLUBLE HUMATE DESERT PLANTAIN SMALL FESCUE CLAMMY CLOVER 5.00 5.00 3.00 Application Rate 2000 LBS/ACRE 200 LBS/ACRE 800 LBS/ACRE 60 LBS/ACRE 1 LBS/ACRE NOTE: SEED MIX MAY BE OMITTED WHEN FULL PLANT COVERAGE IS OBTAINED THROUGH CONTAINER STOCK. NOTE. TOPS OF SLOPES AND DRYER AREAS SHALL TRANSITION TO THE NATURAL SLOPES PLANT PALETTE. NOTE: THIS LIST I5 NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. November 2017 SPECIFIC PLANK Roundabouts Scientific Name Common Name Trees - Shade CERCIDIUM 'DESERT MUSEUM' QUERCUS AGR!FOL/A Shrubs AGAVE SPP ARISTIDA PURPUREA BAILEYA MULTIRADIATA BULBINE FRUTESCENS CEANOTHUS CULTIVARS C!STUS SPP. CONVOLVULUS CNEORUM COREOPSIS AURICULATA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. ENCELIA CALIFORNICA ECHINOCACTUS GRUSONII EPILOBIUM SPP. (ZAUSCHNERIA) EREMOPHILA HYGRO_ 'BLUE BELLS' ERIOGONUM FASCICULATUM EUPHORBIA MILL! 'RED1-RED' GA L VESIA SPECIOSA HESPERALOE PARV!FLORA ILEX VOMITORIA LANTANA SPP. LAVANDULA SPP. LEYMUS COND. 'CANYON PRINCE' LOTUS SCOPARIUS MUHLENBERGIA RIGENS OPUNTIA LITTORALS OPUNTIA SANTA-RITA 'TUBAC' SALVIA CLEVELAND!! SALVIA GREGII SANTOLINA SPP. TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DE LA MINA' JfllriSPECIFIC PLAN PALO VERDE COAST LIVE OAK CENTURY PLANT PURPLE THREE AWN DESERT MARIGOLD BULBINE CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON CALIFORNIA ENCELIA GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH BUCKWHEAT RED EUPHORBIA ISLAND BUSH SNAPDRAGON RED/YELLOW YUCCA SACC YAUPON LANTANA LAVENDER BLUE L YME GRASS DEAR WEED DEER GRASS COASTAL PRICKLY PEAR PURPLE PRICKLY PEAR CLEVELAND SAGE AUTUMN SAGE LAVENDER COTTON GERMANDER CEDROS ISLAND VERBENA November 2017 Water SoCaI Use Native L X L X L L X L L L L L L L L L X L L X L L X L L X L L L L L X VL X M X L X L L L L L L X APPENDIX APPENDIX Groundcovers BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ENCELIA CALIFORNICA ROSEMARINUS 'PROSTRATUS' SENECIO MANDRALISCAE SENECIO SERPENS DWARF COYOTE BRUSH CEANOTHUS DYMONDIA CALIFORNIA ENCELIA TRAILING ROSEMARY KLEINIA BLUE CHALKSTICKS L L L L X L L L NOTE: THIS LIST IS NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. November 2017 SPECIFIC PLANK Entry Statements Scientific Name Trees - Shade PLATANUS ACERIFOLIA 'BL OODGOOO' * * PLATANUS ACERIFOLIA 'COLUMBIA'** PLATANUS RACEMOSA 'ROBERTS' POPULUS FREMONT!! 'NEVADA' QUERCUS AGRIFOLIA SALIX LASIOLEPIS ** Common Name LONDON PLANE TREE LONDON PLANE TREE CALIFORNIA SYCAMORE WESTERN COTTONWOOD COAST LIVE OAK ARROYO WILLOW* (* WET AREAS ONLY) Water SoCaI Use Native M M M M L H Use near roads or hardscape areas only, otherwise use native California Sycamore. Trees - Accent ARBUTUS UNEDO CERCIS OCCIDENTAL'S CHILOPSIS LINEAR'S 'WARREN JONES' HETEROMELES ARBUT!FOLIA PRUNUS ILICIFOLIA ILICIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ADENOSTOMA SPARS!FOLIUM AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP. ARISTIDA PURPUREA ARTEMISIA CALIFORNICA BACCHARIS 'CENTENNIAL' BACCHARIS SAROTHROIDES BAILEYA MULTIRADIATA BUDDLEIA MARRUBIIFOLIA BULBINE FRUTESCENS CALLIANDRA CALIFORNICA C4LL!ANDRA ERIOPHYIA CALLISTEMON VIM. 'LITTLE JOHN' CEANOTHUS CRASS!FOLIUS CEANOTHUS CULTIVARS CEANOTHUS TOMENTOSUS CISTUS SPP. CONVOLVULUS CNEORUM . =PISPECIFIC PLAN STRAWBERRY TREE WESTERN REDBUD W. JONES DESERT WILLOW TOYON HOLLYLEAF CHERRY LAUREL SUMAC BLUE ELDERBERRY CHAMISE RED SHANKS/RIBBONWOOD CENTURY PLANT MANZANJTA CULTIVARS MANZAN'TA PURPLE THREE AWN CALIFORNIA SAGEBRUSH BENTENNIAL BACCHARIS DESERT BROOM DESERT MARIGOLD WOOLLY BUTTERFLY BUSH BULBINE BAJA DUSTER FAIRY DUSTER LITTLE JOHN BOTTLEBRUSH HOARYLEAF CEANOTHUS CEANOTHUS RAMONA CEANOTHUS ROCKROSE BUSH MORNING GLORY November 2017 X X X X L L L L X VL X L X L X VL X VL X L L L X L X L X L L X L L L L VL M L X L L X L L APPENDIX A-13 A -t4 COREOPSIS AURICULATA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. ELAEAGNUS PUNGENS ELYMUS TRITICOIDES ENCELIA CALIFORNICA ENCELIA FARINOSA ECHINOCACTUS GRUSONIf EPILOBI UM SPP. (ZAUSCHNERIA) EREMOPHILA HYGRO. 'BLUE BELLS' ERIOGONUM FASC!CULATUM EUPHORBIA MILL! 'RED! -RED' FEIJOA SELLOWIANA GALVESIA SPECIOSA GREVILLEA SPP. GAURA L!NDHEIMER! HESPERALOE PARVIFLORA HETEROMELES ARBUT1FOL!A ILEX VOMITORIA KECKIELLA ANTIRHINNOIDES KECKIELLA CORDIFOLIA LANTANA SPP. LAVANDULA SPP. LEUCOPHYLIUM FRUTESCENS LIGUSTRUM JAPONICUM 'TEXANUM' LEYMUS COND. 'CANYON PRINCE` LOTUS SCOPARI US MAHONIA NEVIN!! MIMULUS AURANTIACUS MUHLENBERGIA RIGENS MYRTUS COMMUNIS OPUNTIA LITTORAL'S OPUNTIA SANTA-RITA 'TUBAC' PENSTEMON HETEROPHYLLUS PODOCARPUS GACILIOR RHAPHIOLEPIS 'MAJESTIC BEAUTY' RHAPHIOLEPIS UMBELLATA 'MINOR' RHAMNUS CALIFORNICA RHUS INTERGIFOL!A RHUS OVATA RIBES SPP. SALVIA APIANA SALVIA CHAMAEDROIDES SALVIA CLEVELANDII SALVIA GREGII SALVIA LEUCOPHYLLA DWARF COREOPSIS COREOPSIS DESERT SPOON SILVERBERRY BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BRITTLE BUSH GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH BUCKWHEAT RED EUPHORBIA PINEAPPLE GUAVA ISLAND BUSH SNAPDRAGON GREVILLEA GUARA RED/YELLOW YUCCA TOYON YAUPON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON LANTANA LAVENDER TEXAS RANGER JAPANESE PRIVET BLUE LYME GRASS DEAR WEED NEVIN MAHONIA MONKEY -FLOWER DEER GRASS MYRTLE COASTAL PRICKLY PEAR PURPLE PRICKLY PEAR PENSTEMON FERN PINE (HEDGE FORM) MAJESTIC BEAUTY YEDDO HAWTHORN COFFEEBERRY LEMONADEBERRY SUGAR BUSH CURRENT WHITE SAGE BLUE SAGE CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE November 2017 L L L L L X L X L X L L X L L X L M L X L M L L X L L X L X L L L M L X VL X L L X M X M t X L L X M M M L X L X L X M X VL X i X L t L SPECIFIC PLANrJ SALVIA MELLIFERA SALVIA TRIDENT SANTOLINA SPP. SIMMONDSIA CHINENSIS TEUCRIUM CHAMAEDRYS VERBENA L!LACINA 'DE LA MINA' WESTRINGIA FRUTICOSA XYLOCOCCUS BICOLOR Groundcovers BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ENCELIA CALIFORNICA ROSEMARINUS 'PROSTRATUS' SENECIO MANDRALISCAE SENECIO SERPENS Vines FICUS PUMILA MACFADYENA UNGUIS-CATI PARTHENOCISSUS TR1CUSP!DATA VITIS CALIFORNICA BLACK SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA COAST ROSEMARY MISSION MANZANITA DWARF COYOTE BRUSH CEANOTHUS DYMONDIA CALIFORNIA ENCELIA TRAILING ROSEMARY KL E1 NIA BLUE CHALKSTICKS CREEPING FIG CAT'S CLAW BOSTON IVY CALIFORNIA WILD GRAPE L X L L VL X L L X L L X L L L L X L L L M L M L X NOTE: THIS LIST IS NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT, SPECIFIC PLAN November 2017 A-15 APPENDIX Park and Recreation Areas Scientific Name Trees - Shade ACACIA STENOPHYLLA ALBIZIA JULIBRISSIN ARBUTUS 'MARINA' CERCIDIUM 'DESERT MUSEUM' CHITALPA x TASHKENTENSIS GEIJERA PARVIFLORA LAURUS NOBILIS 'SARATOGA' OLEA EUROPAEA 'SWAN HILL' PINUS ELDARICA PISTACHIA CHINENSIS PLATANUS ACERIFOLIA 'BLOODGOOD' * * PLATANUS ACERIFOLIA 'COLUMBIA'** PLATANUS RACEMOSA 'ROBERTS' POPULUS FREMONTII 'NEVADA' QUERCUS AGRIFOLIA QUERCUS ENGLEMANNII QUERCUS ILEX QUERCUS VI RGI NIANA 'HERITAGE' RHUS LANC£A Common Name SHOESTRING ACACIA SILK TREE MARINA ARBUTUS PALO VERDE CHITALPA AUSTRALIAN WILLOW SWEET BAY FRUITLESS OLIVE AFGHAN PINE CHINESE PISTACHE LONDON PLANE TREE LONDON PLANE TREE CALIFORNIA SYCAMORE WESTERN COTTONWOOD COAST LIVE OAK ENGELMANN OAK HOLLY OAK SOUTHERN LIVE OAK AFRICAN SUMAC Water SoCaI Use Native L M M L X L M L L L M M M M X M X L X L X L M L ** Use near roads or hardscape areas only, otherwise use native California Sycamore. Trees - Accent ARBUTUS UNEDO CERCIS OCCIDENTALIS CHILOPSIS LINEARIS 'WARREN JONES' CITRUS SPP. HETEROMELES ARBUTIFOLIA PRUNUS ILICIFOLIA ILICIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ADENOSTOMA SPARSIFOLIUM ASCLEPIAS FASCICULARIS AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP. ARISTIDA PURPUREA STRAWBERRY TREE L WESTERN REDBUD L W. JONES DESERT WILLOW L ORGANGE, LEMON, LIME, ETC. M TOYON L HOLLYLEAF CHERRY VL LAUREL SUMAC L BLUE ELDERBERRY L CHAMISE RED SHANKS/RIBBONWOOD NARROWLEAF MILKWEED CENTURY PLANT MANZANITA CULTIVARS MANZANITA PURPLE THREE AWN November 2017 VL VL L L L L L SPECIFIC PLANK ARTEMISIA CALIFORNICA BACCHARIS 'CENTENNIAL' BACCHARIS SAROTHROIDES BAILEYA MULTIRADIATA BUDDLEIA MARRUBIIFOLIA BULBINE FRUTESCENS CALLIANDRA CALIFORNICA CALLIANDRA ERIOPHYIA CALLISTEMON VIM. 'LITTLE JOHN' CEANOTHUS CRASSIFOLI US CEANOTHUS CULTIVARS CEANOTHUS TOMENTOSUS CISTUS SPP. CONVOLVULUS CNEORUM COREOPSIS AURICULATA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. EL4EAGNUS PUNGENS ELYMUS TRITICOIDES ENCELIA CALIFORNICA ENCELIA FARINOSA ECHINOCACTUS GRUSONII EPILORIUM SPP. (ZAUSCHNERIA) EREMOPHILA HYGRO. 'BLUE BELLS' ERIOGONUM FASCICULATUM EUPHORBIA MILLI 'REDI-RED' FEIJOA SELLOWIANA GALVESIA SPECIOSA GREVILLEA SPP. GAURA LINDHEIMERI HESPERALOE PARVIFLORA HETEROMELES ARBUTIFOLIA ILEX VOMITORIA KECKIELLA ANTIRHINNOIDES KECKIELL4 CORDIFOLIA LANTANA SPP. LAVANDULA SPP. LEUCOPHYLIUM FRUTESCENS LIGUSTRUM JAPONICUM 'TEXANUM' LEYMUS COND. `CANYON PRINCE' LOTUS SCOPARIUS MAHONIA NEVINII MIMULUS AURANTIACUS MUHLENBERGIA RIGENS MYRTUS COMMUNIS OPUNTIA LITTORAL'S i SPECIFIC PLAN CALIFORNIA SAGEBRUSH BENTENNIAL BACCHARIS DESERT BROOM DESERT MARIGOLD WOOLLY BUTTERFLY BUSH BULBINE BAJA DUSTER FAIRY DUSTER LITTLE JOHN BOTTLEBRUSH HOARYLEAF CEANOTHUS CEANOTHUS RAMONA CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON SILVERBERRY BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BRITTLE BUSH GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH BUCKWHEAT RED EUPHORBIA PINEAPPLE GUAVA ISLAND BUSH SNAPDRAGON GREVILLEA GUARA RED/YELLOW YUCCA TOYON YAUPON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON LANTANA LAVENDER TEXAS RANGER JAPANESE PRIVET BLUE LYME GRASS DEAR WEED NEVIN MAHONIA MONKEY -FLOWER DEER GRASS MYRTLE COASTAL PRICKLY PEAR November 2017 L X L L X L L L L VL M L X L L X L L L L L L L X L X L X L L X L L X L M L X L M L L X L L X L X L L L M L X VL X L L X M X M L X APPENDIX A-17 APPENDIX OPUNTIA SANTA-RITA 'TUBAC' PENSTEMON HETEROPHYLLUS PODOCARPUS GACILIOR RHAPHIOLEPIS 'MAJESTIC BEAUTY' RHAPHIOLEPIS UMBELLATA 'MINOR' RHAMNUS CALIFORNICA RHUS INTERGIFOLIA RHUS OVATA RIBES SPP. SALVIA AP!ANA SALVIA CHAMAEDROIDES SALVIA CLEVELAND!! SALVIA GREGI! SALVIA LEUCOPHYLLA SALVIA MELLIFERA SALVIA TRIDENT SANTOLINA SPP. SIMMONDSIA CHINENS!S TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DE LA MINA' WESTRING!A FRUTICOSA XYLOCOCCUS BICOLOR Gro undcovers BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ENCEL!A CALIFORNICA ROSEMARINUS 'PROSTRATUS' SENECIO MANDRALISCAE SENECIO SERPENS Vines FICUS PUMILA MACFADYENA UNGUIS -CAT! PARTHENOC!SSUS TR!CUSPIDATA VITIS CALIFORNICA PURPLE PRICKLY PEAR PENSTEMON FERN PINE (HEDGE FORM) MAJESTIC BEAUTY YEDDO HAWTHORN COFFEEBERRY LEMONADEBERRY SUGAR BUSH CURRENT WHITE SAGE BLUE SAGE CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE BLACK SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA COAST ROSEMARY MISSION MANZANITA DWARF COYOTE BRUSH CEANOTHUS DYMONDIA CALIFORNIA ENCELIA TRAILING ROSEMARY KLEINIA BLUE CHALKST!CKS CREEPING FIG CAT'S CLAW BOSTON !VY CALIFORNIA WILD GRAPE L L X M M M L X L X L X M X VL X L X L L L L X L L VL X L L X L L X L L L L X L L L M L M L X NOTE: THIS LIST 15 NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. November 2017 SPECIFIC PLAN School Scientific Name Trees - Shade ACACIA STENOPHYLLA ALBIZIA JULIBRISSIN ARBUTUS 'MARINA' CERCIDIUM 'DESERT MUSEUM' CHITALPA x TASHKENTENSIS GEIJERA PARVIFLORA LAURUS NOBILIS 'SARATOGA' OLEA EUROPAEA 'SWAN HILL' PINUS ELDARICA PISTACHIA CHINENSIS PLATANUS ACERI FOL IA 'BL OODGOOD' * * PLATANUS ACERI FOL IA 'COLUMBIA' * * PLATANUS RACEMOSA 'ROBERTS' POPULUS FREMONT!! 'NEVADA' QUERCUS AGRIFOLIA QUERCUS ENGLEMANNII QUERCUS ILEX QUERCUS VIRGINIANA 'HERITAGE' RHUS LANCEA Common Name SHOESTRING ACACIA SILK TREE MARINA ARBUTUS PALO VERDE CHITALPA AUSTRALIAN WILLOW SWEET BAY FRUITLESS OLIVE AFGHAN PINE CHINESE PISTACHE LONDON PLANE TREE LONDON PLANE TREE CALIFORNIA SYCAMORE WESTERN COTTONWOOD COAST LIVE OAK ENGELMANN OAK HOLLY OAK SOUTHERN LIVE OAK AFRICAN SUMAC Water SoCal Use Native L M M L X L M L L L M M M M X M X L X L X L M L ** Use near roads or hardscape areas only, otherwise use native California Sycamore. Trees - Accent ARBUTUS UNEDO CERCIS OCCIDENTALIS CHILOPSIS LINEARIS 'WARREN JONES' CITRUS SPP. HETEROMELES ARBUTIFOLIA PRUNUS ILICIFOL/A ILICIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ADENOSTOMA SPARSIFOLIUM ASCLEPIAS FASCICULARIS AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP. ARISTIDA PURPUREA ARTEMISIA CALIFORNICA SPECIFIC PL/'N STRAWBERRY TREE WESTERN REDBUD W. JONES DESERT WILLOW ORGANGE, LEMON, LIME, ETC. TOYON HOLLYLEAF CHERRY LAUREL SUMAC BLUE ELDERBERRY CHAMISE RED SHANKS/RIBBONWOOD NARROWLEAF MILKWEED CENTURY PLANT MANZANITA CULTIVARS MANZANITA PURPLE THREE AWN CALIFORNIA SAGEBRUSH November 2017 L L L M L VL L L VL VL L L L L L L A-19 BACCHARIS 'CENTENNIAL' BACCHARIS SAROTHROIDES BAILEYA MULTIRADIATA BUDDLE!A MARRUBIIFOLIA BULBINE FRUTESCENS CALLIANDRA CALIFORNICA CALLIANDRA ERIOPHY!A CALLISTEMON VIM. 'LITTLE JOHN' CEANOTHUS CRASSIFOLIUS CEANOTHUS CULTIVARS CEANOTHUS TOMENTOSUS CISTUS SPP. CONVOLVULUS CNEORUM COREOPSIS AURICULATA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. ELAEAGNUS PUNGENS ELYMUS TRITICOIDES ENCELIA CALIFORNICA ENCELIA FARINOSA ECHINOCACTUS GRUSONI! EPILOBIUM SPP. (ZAUSCHNERIA) EREMOPHILA HYGRO. 'BLUE BELLS' ERIOGONUM FASCICULATUM FEIJOA SELLOWIANA GALVESIA SPECIOSA GREVILLEA SPP. GAURA LINDHEIMERI HESPERALOE PARVIFLORA HETEROMELES ARBUTIFOLIA ILEX VOMITORIA KECKIELLA ANTIRH!NNOIDES KECKIELLA CORDIFOLIA LANTANA SPP. LAVANDULA SPP. LEUCOPHYL!UM FRUTESCENS LIGUSTRUM JAPONICUM 'TEXANUM' LEYMUS COND. 'CANYON PRINCE' LOTUS SCOPARIUS MAHONIA NEVINJI MIMUL US AURANTIACUS MUHLENBERGIA RIGENS MYRTUS COMMUNIS OPUNTIA LITTORALIS OPUNTIA SANTA-RITA `TUBAL' PENSTEMON HETEROPHYLLUS BENTENNIAL BACCHARIS DESERT BROOM DESERT MARIGOLD WOOLLY BUTTERFLY BUSH BULBINE BAJA DUSTER FAIRY DUSTER LITTLE JOHN BOTTL EBRUSH HOARYLEAF CEANOTHUS CEANOTHUS RAMONA CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON SILVERB£RRY BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BRITTLE BUSH GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH BUCKWHEAT PINEAPPLE GUAVA ISLAND BUSH SNAPDRAGON GREVILLEA GUARA RED/YELLOW YUCCA TOYON YAUPON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON LANTANA LA VENDER TEXAS RANGER JAPANESE PRIVET BLUE LYME GRASS DEAR WEED NEVIN MAHONIA MONKEY -FLOWER DEER GRASS MYRTLE COASTAL PRICKLY PEAR PURPLE PRICKLY PEAR PENSTEMON L L X L L L L VL M L X L L X L L L L L L L X L X L X L L X i L X M i X L M L L X L L X L X L L L M L X VL X L L X M X M L X L L X November 2017 SPECIFIC PLANT] PODOCARPUS GACILIOR RHAPHIOLEPIS 'MAJESTIC BEAUTY' RHAPHIOLEPIS UMBELL4TA 'MINOR' RHAMNUS CALIFORNICA RHUS INTERGIFOLIA RHUS OVATA RIBES SPP. SALVIA A PIA NA SALVIA CHAMAEDROIDES SALVIA CLEVELAND!, SALVIA GREGII SALVIA LEUCOPHYLIA SALVIA MELLIFERA SALVIA TRIDENT SANTOLINA SPP. SIMMONDSIA CHINENSIS TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DE L4 MINA' WESTRINGIA FRUTICOSA XYLOCOCCUS BICOLOR Groundcovers BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ENCELIA CALIFORNICA ROSEMARINUS 'PROSTRATUS' SENECIO MANDRALISCAE SENECIO SERPENS Vines FICUS PUMILA MACFADYENA UNGUIS -CA TI PARTHENOCISSUS TRICUSPIDATA VITIS CALIFORNICA FERN PINE (HEDGE FORM) MAJESTIC BEAUTY YEDDO HAWTHORN COFFEEBERRY LEMONADEBERRY SUGAR BUSH CURRENT WHITE SAGE BLUE SAGE CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE BLACK SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA COAST ROSEMARY MISSION MANZANITA DWARF COYOTE BRUSH CEANOTHUS DYMONDIA CALIFORNIA ENCELIA TRAILING ROSEMARY KL £I NIA BLUE CHALKSTICKS CREEPING FIG CAT'S CLAW BOSTON IVY CALIFORNIA WILD GRAPE M M M L X L X L X M X VL X L X L L L L X L L VL X L L X L L X L L L L X L L L M L M L X NOTE: THIS LIST IS NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. �— •:. SPEC! FIC PLAN November 2017 A-21 Villages A, B, C, D, E, F, G Scientific Name Trees - Shade ACACIA STENOPHYLLA ALBIZIA JULIBRISSIN ARBUTUS 'MARINA' CERCIDIUM 'DESERT MUSEUM' CHITALPA x TASHKENTENSIS GEIJERA PARVIFLORA LAURUS NOBILIS 'SARATOGA' OLEA EUROPAEA 'SWAN HILL' PINUS ELDARICA PISTACHIA CHINENSIS POPULUS FREMONT!! 'NEVADA' QUERCUS AGRIFOLIA QUERCUS ENGLEMANNII QUERCUS ILEX QUERCUS VIRGINIANA 'HERITAGE' RHUS LANCEA Trees - Accent ARBUTUS UNEDO CERCIS OCCIDENTAL1S CHILOPSIS LINEARIS 'WARREN JONES' CITRUS SPP. HETEROMELES ARBUTIFOLIA LAGERSTROEMIA INDICA MAGNOLIA G. 'LITTLE GEM' PRUNUS ILICIFOLIA ILICIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ADENOSTOMA SPARSIFOLIUM ASCLEPIAS FASCICULARIS AGAVE AMERICANA ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP, ARISTIDA PURPUREA ARTEMISIA CALIFORNICA BACCHARIS PILULARIS BACCHARIS SAROTHROIDES A-22 Common Name SHOESTRING ACACIA SILK TREE MARINA ARBUTUS PALO VERDE CHITALPA AUSTRALIAN WILLOW SWEET BAY FRUITLESS OLIVE AFGHAN PINE CHINESE PISTACHE WESTERN COTTONWOOD COAST LIVE OAK ENGELMANN OAK HOLLY OAK SOUTHERN LIVE OAK AFRICAN SUMAC STRAWBERRY TREE WESTERN REDBUD W. JONES DESERT WILLOW ORGANGE, LEMON, LIME, ETC. TOYON CRAPE MYRTLE LITTLE GEM MANGOLIA HOLLYLEAF CHERRY LAUREL SUMAC BLUE ELDERBERRY CHAMI SE RED SHANKS/RIBBONWOOD NARROWLEAF MILKWEED CENTURY PLANT MANZANITA CULTIVARS MANZANITA PURPLE THREE AWN CALIFORNIA SAGEBRUSH COYOTE BRUSH DESERT BROOM November 2017 Water SoCaI Use Native L M M L X L M L L L M M X L X L X L M L L L L M L X M M VL X L X L X VL X VL X L X L L L X L X L X L X L X SPECIFIC PLANrI BAILEYA MULTIRADIATA BUDDLEIA MARRUBIIFOLIA BULBINE FRUTESCENS CALLIANDRA CALIFORNICA CALLIANDRA ER/OPHYIA CALL!STEMON VIM. 'LITTLE JOHN' CEANOTHUS CRASSIFOLIUS CEANOTHUS CULTIVARS CEANOTHUS TOMENTOSUS CISTUS SPP. CONVOLVULUS CNEORUM COREOPSIS AUR!CULATA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. DODONAEA VISCOSA ELAEAGNUS PUNGENS ENCELIA FAR!NOSA ECHINOCACTUS GRUSONI! EPILOBIUM SPP. (ZAUSCHNERIA) EREMOPHILA HYGRO. 'BLUE BELLS' EUPHORBIA MILII 'REDI-RED' FEIJOA SELLOWIANA GALVESIA SPECIOSA GREVILL£A SPP. GAURA LINDHEIMERI HESPERALOE PARVIFLORA HETEROMELES ARBUTIFOLIA ILEX VOMITORIA KECKIELLA ANTIRHINNOIDES KECKIELLA CORDIFOLIA LANTANA SPP. LAVANDULA SPP. LEUCOPHYLIUM FRUTESCENS LIGUSTRUM JAPONICUM 'TEXANUM' LOTUS SCOPARI US MAHONIA NEVIN!1 MIMULUS AURANTIACUS MUHLENBERGIA RIGENS MYRTUS COMMUNIS OPUNTIA LITTORALIS OPUNTIA SANTA-RITA 'TUBAC' PENSTEMON HETEROPHYLLUS PODOCARPUS MACROPHVLLUS 'MAKI' RHAPHIOLEPIS 'MAJESTIC BEAUTY' RHAPHIOLEPIS UMBELLATA 'MINOR' RHAMNUS CALIFORNICA • fr:fi SPECIFIC PL A% DESERT MARIGOLD WOOLLY BUTTERFLY BUSH BULBINE BAJA DUSTER FAIRY DUSTER LITTLE JOHN BOTTLEBRUSH HOARYLEAF CEANOTHUS CEANOTHUS RAMONA CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON HOPSEED BUSH S!L VERBERRY BRITTLE BUSH GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH RED EUPHORBIA PINEAPPLE GUAVA ISLAND BUSH SNAPDRAGON GREVI L L EA GUARA RED/YELLOW YUCCA TO VON YAUPON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON LANTANA LAVENDER TEXAS RANGER JAPANESE PRIVET DEAR WEED NEVIN MAHONIA MONKEY -FLOWER DEER GRASS MYRTL E COASTAL PRICKLY PEAR PURPLE PRICKLY PEAR PENSTEMON SHRUBBY YEW PINE MAJESTIC BEAUTY YEDDO HAWTHORN COFFEEBERRY November 2017 L L L L VL M L X L L X L L L L L L L L X L L X L L M L X L M L L X L L X L X L L L M VL X L L X M X M L X L L X M M M L X APPENDIX A-23 A-24 RHUS INTERGIFOLIA RHUS OVATA RIBES SPP. SALVIA APIANA SALVIA CHAMAEDROIDES SALVIA CLEVELAND!! SALVIA GREGII SALVIA LEUCOPHYLLA SALVIA MELLIFERA SALVIA TRIDENT SANTOL!NA SPP. SIMMONDSIA CHINENSIS TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DELA MINA' WESTRINGIA FRUTICOSA XYLOCOCCUS BICOLOR Groundcovers BACCHARIS 'CENTENNIAL' BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ELYMUS TRIT!COIDES ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM LEYMUS COND. 'CANYON PRINCE' ROSEMARINUS 'PROSTRATUS' SENECIO MANDRALISCAE SENECIO SERPENS Vines FICUS PUMILA MACFADYENA UNGUIS -CA TI PARTHENOCISSUS TRICUSPIDATA VITIS CALIFORNICA LEMONADEBERRY SUGAR BUSH CURRENT WHITE SAGE BLUE SAGE CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE BLACK SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA COAST ROSEMARY MISSION MANZANITA BENTENNIAL BACCHARIS DWARF COYOTE BRUSH CEA NO THUS DYMONDIA BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT BLUE LYME GRASS TRAILING ROSEMARY KLEINIA BLUE CHALKSTICKS CREEPING FIG CAT'S CLAW BOSTON IVY CALIFORNIA WILD GRAPE L X L X M X VL X L X L L L L X L L VL X L L X L L X L L L L L X L X L X L X L L L M L M L X NOTE: THIS LIST IS NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. November 2017 SPECIFIC PLAN Civic/ Community Scientific Name Trees - Shade ACACIA STENOPHYLLA ALBIZIA JULIBRISSIN ARBUTUS 'MARINA' CERCID!UM 'DESERT MUSEUM' CHITALPA x TASHKENTENSIS GEIJERA PARV!FLORA LAURUS NOBILIS 'SARATOGA' OLEA EUROPAEA 'SWAN HILL' PINUS ELDARICA P!STACH!A CHINENS!S POPULUS FREMONT!! 'NEVADA' QUERCUS AGRIFOLIA QUERCUS ENGLEMANN!I QUERCUS ILEX QUERCUS VIRGINIANA 'HERITAGE' RHUS LANCEA Trees - Accent ARBUTUS UNEDO CERCIS OCCIDENTALIS CHILOPSIS LINEARIS 'WARREN JONES' CITRUS SPP. HETEROMELES ARBUTIFOLIA MAGNOLIA G. 'LITTLE GEM' PRUNUS ILICIFOLIA ILICIFOLIA RHUS (MALOSMA) LAUR!NA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCJCULATUM ADENOSTOMA SPARSI FOL l UM ASCLEPIAS FASCICULARIS AGAVE AMERICANA ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP. ARISTIDA PURPUREA ARTEMISIA CAL!FORNICA BACCHARIS 'CENTENNIAL' BACCHARIS SAROTHROIDES BAILEYA MULTIRADIATA =1,1SPECIFIC PLN Common Name SHOESTRING ACACIA SILK TREE MARINA ARBUTUS PALO VERDE CHITALPA AUSTRALIAN WILLOW SWEET BAY FRUITLESS OLIVE AFGHAN PINE CHINESE PISTACHE WESTERN COTTONWOOD COAST LIVE OAK ENGELMANN OAK HOLLY OAK SOUTHERN LIVE OAK AFRICAN SUMAC STRAWBERRY TREE WESTERN REDBUD W. JONES DESERT WILLOW ORGANGE, LEMON, LIME, ETC. TO YON LITTLE GEM MANGOLIA HOLLYLEAF CHERRY LAUREL SUMAC BLUE ELDERBERRY CHAMISE RED SHANKS/RIBBONWOOD NARROWLEAF MILKWEED CENTURY PLANT MANZANITA CULTIVARS MANZANITA PURPLE THREE AWN CALIFORNIA SAGEBRUSH BENTENNIAL BACCHARIS DESERT BROOM DESERT MARIGOLD November 2017 Water SoCa) Use Native L M M L X L M L L L M M X L X L X L M L L L L M L X M VL X L X L X VL X VL X L X L L L X L X L X L L X L A-2$ BUDDLEIA MARRUBIIFOLIA BULBINE FRUTESCENS CALLIANDRA CALIFORNICA CALLIANDRA ERIOPHY!A CALLISTEMON VIM. 'LITTLE JOHN' CEANOTHUS CRASSIFOLIUS CEANOTHUS CULTIVARS CEANOTHUS TOMENTOSUS C!STUS SPP. CONVOLVULUS CNEORUM COREOPSIS AURICULATA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. DODONAEA VISCOSA ELAEAGNUS PUNGENS ELYMUS TRIT!COIDES ENCELIA CALIFORNICA ENCELIA FARINOSA ECHINOCACTUS GRUSONII EPILOBIUM SPP. (ZAUSCHNERIA) EREMOPHILA HYGRO. 'BLUE BELLS' ERIOGONUM FASCICULATUM EUPHORBIA MILLI 'REDI-RED' FEIJOA SELLOWIANA GALVESIA SPECIOSA GREVILLEA SPP. GAURA LINDHEIMERI HESPERALOE PARVIFLORA HETEROMELES ARBUTIFOLIA ILEX VOMITORIA KECKIELLA ANTIRHINNOIDES KECKIELLA CORDIFOLIA LANTANA SPP. LAVANDULA SPP. LEUCOPHYLIUM FRUTESCENS LIGUSTRUM JAPONICUM 'TEXANUM' LEYMUS COND. 'CANYON PRINCE' LOTUS SCOPARI US MAHONIA NEVIN!! MIMULUS AURANTIACUS MUHLENBERGIA RIGENS MYRTUS COMMUNIS OPUNTIA LITTORALIS OPUNTIA SANTA-RITA 'TUBAC' PENSTEMON HETEROPHYLLUS PODOCARPUS GACILIOR A-26 WOOLLY BUTTERFLY BUSH BULBINE BAJA DUSTER FAIRY DUSTER LITTLE JOHN BO7TLEBRUSH HOARYLEAF CEANOTHUS CEANOTHUS RAMONA CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON HOPSEED BUSH SILVERBERRY BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BRITTLE BUSH GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH BUCKWHEAT RED EUPHORBIA PINEAPPLE GUAVA ISLAND BUSH SNAPDRAGON GREVILLEA GUARA RED/YELLOW YUCCA TOYON YAUPFIND ON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON LANTANA LAVENDER TEXAS RANGER JAPANESE PRIVET BLUE LYME GRASS DEAR WEED NEVIN MAHONIA MONKEY -FLOWER DEER GRASS MYRTLE COASTAL PRICKLY PEAR PURPLE PRICKLY PEAR PENSTEMON FERN PINE (HEDGE FORM) November 2017 L L L VL M L X L L X L L L L L L L L X L X i X L L X L L X L M L X L M L L X L L X L X L L L M L X VL X L L X M X M L X L L X M d SPECIFIC PLAN II PODOCARPUS MACROPHYLLUS 'MAKI' RHAPHIOLEPIS 'MAJESTIC BEAUTY' RHAPHIOLEPIS UMBELLATA 'MINOR' RHAMNUS CALIFORNICA RHUS !NTERGIFOLIA RHUS OVATA RI BES SPP. SALVIA APIANA SALVIA CHAMAEDROIDES SALVIA CLEVELANDII SALVIA GREG!, SALVIA LEUCOPHYLLA SALVIA MELLIFERA SALVIA TRIDENT SANTOLINA SPP. SIMMONDSIA CHINENSIS TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DE LA MINA' WESTRINGIA FRUTICOSA XYLOCOCCUS BICOLOR Groundcovers BACCHARIS 'CENTENNIAL' BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ELYMUS TRITICOIDES ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM LEYMUS COND. 'CANYON PRINCE' ROSEMARINUS 'PROSTRATUS' SENECIO MANDRALISCAE SENECIO SERPENS Vines FICUS PUMILA MACFADYENA UNGUIS-CATI PARTHENOC1SSUS TRICUSPIDATA VITIS CALIFORNICA SHRUBBY YEW PINE MAJESTIC BEAUTY YEDDO HAWTHORN COFFEEBERRY LEMONADEBERRY SUGAR BUSH CURRENT WHITE SAGE BLUE SAGE CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE BLACK SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA COAST ROSEMARY MISSION MANZANITA BENTENNIAL BACCHARIS DWARF COYOTE BRUSH CEANOTHUS DYMONDIA BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT BLUE LYME GRASS TRAILING ROSEMARY KLEINIA BLUE CHALKSTICKS CREEPING FIG CAT'S CLAW BOSTON IVY CALIFORNIA WILD GRAPE M M M L X L X L X M X VL X L X L L L L X L L VL X L L X L L X L L L L L X L X L X L X L L L M L M L X NOTE: THIS LIST 15 NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. 17162M r _ -- - - SPECIFIC PLAN November 2017 A-27 APPENDIX Street Types: Western Bypass Corridor 1 and 2 Scientific Name Trees - Shade PLATANUS ACERI FOL 1A 'BLOODGOOD' * * PLATANUS ACERI FOLIA 'COLUMBIA' * * PLATANUS RACEMOSA 'ROBERTS' POPULUS FREMONT!' 'NEVADA' QUERCUS AGRIFOLIA QUERCUS CHRYSOLEPIS QUERCUS ENGLEMANNII QUERCUS LOBATA Common Name LONDON PLANE TREE LONDON PLANE TREE CALIFORNIA SYCAMORE WESTERN COTTONWOOD COAST LIVE OAK CANYON OAK ENGELMANN OAK VALLEY OAK Water SoCaI Use Native M M M X M X L X L X L X L X ** Use near roads or hardscape areas only, otherwise use native California Sycamore. Trees - Accent CEANOTHUS ARBOREUS CERCIS OCCIDENTALIS CERCOCARPUS BETULOIDES FRAXINUS DIPETALA HETEROMELES ARBUTIFOLIA PRUNUS !LICIFOLIA IL!C!FOLIA QUERCUS BERBERIDIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ADENOSTOMA SPARSIFOLIUM ASCLEPIAS FASCICULARIS AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP. ARISTIDA PURPUREA ARTEMISIA CALIFORNICA BACCHARIS SAROTHROIDES BAILEYA MULTIRADIATA CEANOTHUS CRASSIFOLIUS CEANOTHUS CULTIVARS CEANOTHUS TOMENTOSUS DASYLIRION SPP. ELYMUS TRITICOIDES ENCELIA CALIFORNICA ENCELIA FARINOSA ISLAND CEANOTHUS WESTERN REDBUD MOUNTAIN MAHOGONY CALIFORNIA ASH TOYON HOLLYLEAF CHERRY SCRUB OAK LAUREL SUMAC BLUE ELDERBERRY CHAMISE RED SHANKS/RIBBONWOOD NARROWLEAF MILKWEED CENTURY PLANT MANZANITA CULTIVARS MANZANI TA PURPLE THREE AWN CALIFORNIA SAGEBRUSH DESERT BROOM DESERT MARIGOLD HOARYLEAF CEANOTHUS CEANOTHUS RAMONA CEANOTHUS DESERT SPOON BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BRITTLE BUSH L X L X VL X L X L X VL X L X L X L X VL X VL X L X L L L X L X L X L X L 1. X L L X L L X L X L X November 2017 SPECIFIC PLAN.; EPILOBIUM SPP. (ZAUSCHNERIA) ERIOGONUM FASCICULATUM GALVESIA SPECIOSA HETEROMELES ARBUTIFOLIA KECKIELLA ANTIRHlNNOIDES KECKIELLA CORDIFOLIA LEYMUS COND. 'CANYON PRINCE' LOTUS SCOPARIUS MIMULUS AURANTIACUS MUHLENBERGIA RIGENS OPUNTIA LITTORAL'S PENSTEMON HETEROPHYLLUS RHAMNUS CALIFORNICA RHUS INTERGIFOUA RHUS OVATA RIBES SPP. SALVIA APIANA SALVIA CHAMAEDROIDES SALVIA CLEVELAND!' SALVIA LEUCOPHYLLA SAL VIA MELLIFERA SALVIA TRIDENT SIMMONDS!A CHINENSIS VERBENA LILACINA 'DE LA MINA' XYLOCOCCUS BICOLOR Groundcovers BACCHARIS PILULARAIS CVS. BACCHARIS PILULARIS ELYMUS TRITICOIDES ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM Vines VITIS CALIFORNICA CALIFORNIA FUCHSIA BUCKWHEAT ISLAND BUSH SNAPDRAGON TOYON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON BLUE LYME GRASS DEAR WEED MONKEY -FLOWER DEER GRASS COASTAL PRICKLY PEAR PENSTEMON COFFEEBERRY LEMONADEBERRY SUGAR BUSH CURRENT WHITE SAGE BLUE SAGE CLEVELAND SAGE PURPLE SAGE BLACK SAGE HYBRID SAGE JOJOBA CEDROS !SLAND VERBENA MISSION MANZANITA DWARF COYOTE BRUSH COYOTE BRUSH BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT CALIFORNIA WILD GRAPE L X L X L X L X L X L X L X VL X L X M X L X L X L X L X L X M X VL X L X L L L X L VL X L X L X L L X L X L X L X L X NOTE: THIS LIST IS NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED 8Y THE PLANNING DEPARTMENT. SPECIFIC PLAN November 2017 APPENDIX A-29 Street Types: B Street South and C Street Scientific Name Trees - Shade QUERCUS AGRIFOLIA QUERCUS ENGLEMANNII Trees - Accent CERCIS OCCIDENTALIS HETEROMELES ARBUTIFOLIA PRUNUS ILICIFOLIA 1LICIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ADENOSTOMA SPARSIFOLIUM AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP. ARISTIDA PURPUREA ARTEMISIA CALIFORNICA BACCHARIS SAROTHROIDES BAILEYA MULTIRADIATA CEANOTHUS CRASSIFOLIUS CEANOTHUS CULTIVARS CEANOTHUS TOMENTOSUS DASYLIRION SPP. ELYMUS TRITICOIDES ENCELIA CALIFORNICA ENCELIA FARINOSA EPILOBIUM SPP. (ZAUSCHNERIA) ERIOGONUM FASCICULATUM GALVESIA SPECIOSA HETEROMELES ARBUTIFOLIA KECKIELLA ANTIRHINNOIDES KECKIELLA CORDIFOLIA LEYMUS COND. 'CANYON PRINCE' LOTUS SCOPARIUS MIMULUS AURANTIACUS MUHLENBERGIA RIGENS OPUNTIA LITTORAL'S PENSTEMON HETEROPHYLLUS RHAMNUS CALIFORNICA A-30 Common Name COAST LIVE OAK ENGELMANN OAK WESTERN REDBUD TOYON HOL L YL EAF CHERRY LAUREL SUMAC BLUE ELDERBERRY CHAMISE RED SHANKS/RIBBONWOOD CENTURY PLANT MANZANITA CULTIVARS MANZANITA PURPLE THREE AWN CALIFORNIA SAGEBRUSH DESERT BROOM DESERT MARIGOLD HOARYLEAF CEANOTHUS CEANOTHUS RAMONA CEANOTHUS DESERT SPOON BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BRITTLE BUSH CALIFORNIA FUCHSIA BUCKWHEAT ISLAND BUSH SNAPDRAGON TO YON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON BLUE LYME GRASS DEAR WEED MONKEY -FLOWER DEER GRASS COASTAL PRICKLY PEAR PENSTEMON COFFEEBERRY November 2017 Water SoCaI Use Native L X L X L L X VL X L X L X VL X VL X L L L X L X L X L X L L X L L X L L X L X L X L X L X L X L X L X L X L X VL X L X M X L X L X L X SPECIFIC PLANr1 RHUS INTERGIFOLIA RHUS OVATA RIBES SPP. SALVIA APIANA SALVIA CHAMAEOROIDES SALVIA CLEVELANDII SALVIA LEUCOPHYLLA SALVIA MELLIFERA SALVIA TRIDENT SIMMONDSIA CH!NENSIS VERBENA LILAC!NA 'DE LA MINA' XYLOCOCCUS BICOLOR Groundcovers BACCHARIS PILULARAIS CVS. BACCHARIS PILULARIS ELYMUS TRITICOIDES ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM Vines VMS CALIFORNICA LEMONADEBERRY SUGAR BUSH CURRENT WHITE SAGE BLUE SAGE CLEVELAND SAGE PURPLE SAGE BLACK SAGE HYBRID SAGE JOJOBA CEDROS ISLAND VERBENA MISSION MANZANITA DWARF COYOTE BRUSH COYOTE BRUSH BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT CALIFORNIA WILD GRAPE L X L X M X VL X L X L L L X L VL X L X L X L c X L X L X L X L X NOTE: THIS LIST 1S NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. ---411111W-1111111 �_-•-aria SPECIFIC PLAN November 2017 APPENDIX Street Type: Coromell Trail — Split Lanes, Separate Trail, no Parking Scientific Name Trees - Shade PLATANUS ACERIFOL!A 'BLOODGOOD`** PLATANUS ACER!FOL IA 'COLUMBIA'** PLATANUS RACEMOSA 'ROBERTS' POPULUS FREMONT!! 'NEVADA' QUERCUS AGRIFOLIA QUERCUS CHRYSOLEPIS QUERCUS ENGLEMANN!I QUERCUS LOBATA Common Name LONDON PLANE TREE LONDON PLANE TREE CALIFORNIA SYCAMORE WESTERN COTTONWOOD COAST LIVE OAK CANYON OAK ENGELMANN OAK VALLEY OAK Water SoCaI Use Native M M M X M X L X L X L X L X ** Use near roads or hardscape areas only, otherwise use native California Sycamore. Trees - Accent CEANOTHUS ARBOREUS CERCIS OCCIDENTALIS CERCOCARPUS BETULOIDES FRAXINUS DIPETALA HETEROMELES ARBUTIFOLIA PRUNUS ILICIFOL!A IL!CIFOLIA QUERCUS BERBERIDIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ADENOSTOMA SPARSIFOLIUM ASCLEPIAS FASCICULARIS AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP. ARISTIDA PURPUREA ARTEMISIA CALIFORNICA BACCHARIS SAROTHROIDES BAILEYA MULTIRADIATA CEANOTHUS CRASS!FOLIUS CEANOTHUS CULTIVARS CEANOTHUS TOMENTOSUS DASYLIRION SPP. ELYMUS TRITICO!DES ENCELIA CALIFORNICA ENCELIA FARINOSA A-32 ISLAND CEANOTHUS WESTERN REDBUD MOUNTAIN MAHOGONY CALIFORNIA ASH TOYON HOLLYLEAF CHERRY SCRUB OAK LAUREL SUMAC BLUE ELDERBERRY CHAMISE RED SHANKS/RIBBONWOOD NARROWLEAF MILKWEED CENTURY PLANT MANZANI TA CULTIVARS MANZANITA PURPLE THREE AWN CALIFORNIA SAGEBRUSH DESERT BROOM DESERT MARIGOLD HOARYLEAF CEANOTHUS CEANOTHUS RAMONA CEANOTHUS DESERT SPOON BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BRITTLE BUSH November 2017 L X L X VL X L X L X VL X L X L X L X VL X VL X L X L L L X L X L X L X L L X L L X L L X L X L X SPECIFIC PLANFJ EPILOBIUM SPP. (ZAUSCHNERIA) ERIOGONUM FASCICULATUM GALVES)A SPECIOSA HETEROMELES ARBUTIFOLIA KECKIELLA ANT!RHINNOIDES KECKIELLA CORDIFOLIA LEYMUS COND. 'CANYON PRINCE' LOTUS SCOPARI US MIMULUS AURANTIACUS MUHLENBERGIA RJGENS OPUNTIA L!TTORALIS PENSTEMON HETEROPHYLLUS RHAMNUS CALIFORNICA RHUS INTERGIFOLIA RHUS OVATA RIBES SPP. SALVIA APIANA SALVIA CHAMAEDROIDES SALVIA CLEVELAND!! SALVIA LEUCOPHYLLA SALVIA MELLIFERA SALVIA TRIDENT SIMMONDSIA CHINENSIS VERBENA LILACINA 'DE LA MINA' XYLOCOCCUS BICOLOR Groundcovers BACCHARIS PILULARAIS CVS. BACCHARIS PILULARIS ELYMUS TRITICOIDES ENCELIA CALIFORNICA ERIOGONUM FASC!CULATUM Vines VOTIS CAL!FORNJCA CALIFORNIA FUCHSIA BUCKWHEAT ISLAND BUSH SNAPDRAGON TOYON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON BLUE LYME GRASS DEAR WEED MONKEY -FLOWER DEER GRASS COASTAL PRICKLY PEAR PENSTEMON COFFEEBERRY LEMONADEBERRY SUGAR BUSH CURRENT WHITE SAGE BLUE SAGE CLEVELAND SAGE PURPLE SAGE BLACK SAGE HYBRID SAGE JOJOBA CEDROS ISLAND VERBENA MISSION MANZANITA DWARF COYOTE BRUSH COYOTE BRUSH BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT CALIFORNIA WILD GRAPE L X L X L X L X L X L X L X VL X L X M X L X L X L X L X L X M X VL X L X L L L X L VL X L X L X L L X L X L X L X L X APPENDIX NOTE: THIS LIST 15 NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. SPECIFIC PLAN November 2017 A-33 APPENDIX A-34 Street Type: Altair Vista - Landscaped Parkways with Parking one side and Altair Vista (Public) — Split Lanes with No Parking Scientific Name Trees - Shade ACACIA STENOPHYLLA CERCIDIUM 'DESERT MUSEUM' LAURUS NOBILIS 'SARATOGA' OLEA EUROPAEA'SWAN HILL' QUERCUS AGRIFOLIA QUERCUS ILEX RHUS LANCEA Shrubs AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARISTIDA PURPUREA BAILEYA MULTIRADIATA BULBINE FRUTESCENS CALLIANDRA CALIFORNICA CALLIANDRA ERIOPHYIA CALLISTEMON VIM. 'LITTLE JOHN' CEANOTHUS CULTIVARS CISTUS SPP. CONVOLVULUS CNEORUM COREOPSIS AURICULATA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. ENCELIA CALIFORNICA ECHINOCACTUS GRUSONII EPILOBIUM SPP. (ZAUSCHNERIA) EREMOPHILA HYGRO. 'BLUE BELLS' ERIOGONUM FASCICULATUM EUPHORBIA MIL!! 'RED! -RED' GALVESIA SPECIOSA GREVILLEA SPP. GAURA LINDHEIMER! HESPERALOE PARVIFLORA ILEX VOMITORIA KECKIELLA ANTIRHINNOIDES KECKIELLA CORDIFOLIA LANTANA SPP. LAVANDULA SPP. LEYMUS COND. 'CANYON PRINCE' Common Name SHOESTRING ACACIA PALO VERDE SWEET BAY FRUITLESS OLIVE COAST LIVE OAK HOLLY OAK AFRICAN SUMAC CENTURY PLANT MANZANITA CULTIVARS PURPLE THREE AWN DESERT MARIGOLD BULBINE BAJA DUSTER FAIRY DUSTER LITTLE JOHN BOTTLEBRUSH CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON CALIFORNIA ENCELIA GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH BUCKWHEAT RED EUPHORBIA ISLAND BUSH SNAPDRAGON L GREVILLEA L GUARA M RED/YELLOW YUCCA L YAUPON L YELLOW PENSTEMMON L HEART -LEAVED PENSTEMMON L LANTANA L LAVENDER L BLUE LYME GRASS L Water SoCaI Use Native L L X L L L X L L L L L X L L L VL M L L L L L L L X L L X L L X L X X X X November 2017 SPECIFIC PLAN MUHLENBERGIA RIGENS MYRTUS COMMUNIS PENSTEMON HETEROPHYLLUS RHAPHIOLEPIS UMBELLATA 'MINOR' SALVIA CLEVELANDII SALVIA GREG!! SALVIA LEUCOPHYLLA SALVIA TRIDENT SANTOLINA SPP. SIMMONDSIA CHINENS!S TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DE LA MINA' Groundcovers BACCHARIS 'CENTENNIAL' BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ELYMUS TRITICOIDES ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM LEYMUS COND. 'CANYON PRINCE' ROSEMARINUS 'PROSTRATUS' SENECIO MANDRALISCAE SENECIO SERPENS DEER GRASS MYRTLE PENSTEMON YEDDO HAWTHORN CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA BENTENNIAL BACCHARIS DWARF COYOTE BRUSH CEANOTHUS DYMONDIA BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT BLUE LYME GRASS TRAILING ROSEMARY KLEINIA BLUE CHALKSTICKS M X M L X M L L L L L VL X L L X L L L L L X L X L X L X L L L NOTE: THIS LIST IS NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. SPECIFIC PLAN November 2017 APPENDIX A-35 APPENDIX A-36 Street Type: Altair Vista and A Street - Urban Parkways with Parking one side Scientific Name Trees - Shade ACACIA STENOPHYLLA CERCIDIUM 'DESERT MUSEUM' LAURUS NOBILIS 'SARATOGA' OLEA EUROPAEA 'SWAN HILL' QUERCUS AGRIFOLIA QUERCUS ILEX RHUS LANCEA Shrubs AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARISTIDA PURPUREA BAILEYA MULTIRADIATA BULBINE FRUTESCENS CALLIANDRA CALIFORNICA CALLIANDRA ERIOPHYIA CALLISTEMON VIM. 'LITTLE JOHN' CEANOTHUS CULTIVARS CISTUS SPP. CONVOLVULUS CNEORUM COREOPSIS AURICULATA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. ENCELIA CALIFORNICA ECHINOCACTUS GRUSONII EPILOBIUM SPP. (ZAUSCHNERIA) EREMOPHILA HYGRO. 'BLUE BELLS' ERIOGONUM FASCICULATUM EUPHORBIA MIL11 'RED! -RED' GALVESIA SPECIOSA GREVILLEA SPP. GAURA LINDHEIMERI HESPERA L OE PARV1 FL ORA ILEX VOMITORIA KECKIELLA ANTIRHINNOIDES KECKIELLA CORDIFOL!A LANTANA SPP. L4VANDULA SPP. LEYMUS COND. 'CANYON PRINCE' MUHLENBERGIA RIGENS Common Name SHOESTRING ACACIA PALO VERDE SWEET BAY FRUITLESS OLIVE COAST LIVE OAK HOLLY OAK AFRICAN SUMAC CENTURY PLANT MANZANITA CULTIVARS PURPLE THREE AWN DESERT MARIGOLD BULBINE BAJA DUSTER FAIRY DUSTER LITTLE JOHN BO TTLEBRUSH CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON CALIFORNIA ENCELIA GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH BUCKWHEAT RED EUPHORB!A ISLAND BUSH SNAPDRAGON GREVILLEA GUARA M RED/YELLOW YUCCA L YAUPON L YELLOW PENSTEMMON L HEART -LEAVED PENSTEMMON L Water SoCaI Use Native L L X L L L X L L L L L X L L L VL M L L L L L L L X L L X L L X L L X L X X X x LANTANA LAVENDER BLUE LYME GRASS DEER GRASS November 2017 L L L M SPECIFIC PLANA MYRTUS COMMUNIS PENSTEMON HETEROPHYLLUS RHAPHIOLEP!S UMBELLATA 'MINOR' SALVIA CLEVELANDI! SALVIA GREGII SALVIA LEUCOPHYLLA SALVIA TRIDENT SANTOLINA SPP. SIMMONDSIA CHINENSIS TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DE LA MINA' Groundcovers BACCHARIS 'CENTENNIAL' BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ELYMUS TRITICOIDES ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM LEYMUS COND. 'CANYON PRINCE' ROSEMARINUS 'PROSTRATUS' SENECIO MANDRAUSCAE SENECIO SERPENS NOTE: THIS LIST 1S NOT ALL INCLUSIVE. PLANNING DEPARTMENT. SPECIFIC PLAN MYRTL E PENSTEMON YEDDO HAWTHORN CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA BENTENNIAL BACCHARIS DWARF COYOTE BRUSH CEANOTHUS DYMONDIA BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT BLUE LYME GRASS TRAILING ROSEMARY KLEI N!A BLUE CHALKST!CKS M L X M L L L L L VL X L L X L L L L L L L L L L L APPENDIX ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE Nov.mb.r 2017 A-37 APPENDIX A-38 ,a Street Type: B Street North - Landscaped Parkways with No Parking Scientific Name Trees - Shade ACACIA STENOPHYLLA CERCIDIUM 'DESERT MUSEUM' LAURUS NOBILIS 'SARATOGA' OLEA EUROPAEA 'SWAN HILL' QUERCUS AGRIFOLIA QUERCUS ILEX RHUS L4NCEA Shrubs ADENOSTOMA FASCICULATUM AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARCTOSTAPHYLOS SPP. ARISTIDA PURPUREA ARTEMISIA CALIFORNICA BACCHARIS SAROTHROIDES BAILEYA MULTIRADIATA BULBINE FRUTESCENS CALLIANDRA CALIFORNICA CALLISTEMON VIM. 'LITTLE JOHN' CEANOTHUS CULTIVARS CISTUS SPF. CONVOLVULUS CNEORUM COREOPSIS AURICUL4TA 'NANA' COREOPSIS LANCEOLATA DASYLIRION SPP. ENCELIA CALIFORNICA EPILOBIUM SPP. (ZAUSCHNERIA) EREMOPHILA HYGRO. 'BLUE BELLS' ERIOGONUM FASCICULATUM EUPHORBIA MLN 'RED! -RED' GALVESIA SPECIOSA GREVILLEA SPP. GAURA LINDHEIMERI HESPERALOE PARVIFLORA HETEROMELES ARBUTIFOLIA ILEX VOMITORIA KECKIELLA ANTI RHI NNOI DES KECKIELLA CORDIFOLIA Common Name SHOESTRING ACACIA PALO VERDE SWEET BAY FRUITLESS OLIVE COAST LIVE OAK HOLLY OAK AFRICAN SUMAC CHAMISE CENTURY PLANT MANZANITA CULTIVARS MANZANITA PURPLE THREE AWN CALIFORNIA SAGEBRUSH DESERT BROOM DESERT MARIGOLD BULBINE BAJA DUSTER LITTLE JOHN BOTTLEBRUSH CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON CALIFORNIA ENCELIA CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH BUCKWHEAT RED EUPHORBIA ISLAND BUSH SNAPDRAGON GREVILLEA GUARA RED/YELLOW YUCCA TDYON YAUPON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON November 2017 Water SoCaI Use Native L L X L L L X L L VL X L L L X L X L X L X L L L M L L L L L L L X L X L L X L L X L M L L X L L X L X SPECIFIC PLANRI LANTANA SPP. LAVANDULA SPP. LEUCOPHYL 1 UM FR U TES CENS LEYMUS COND. 'CANYON PRINCE' MIMULUS AURANTIACUS MUHLENBERGIA RIGENS MYRTUS COMMUNIS PENSTEMON HETEROPHYLLUS RHAPHIOLEPIS UMBEL LATA 'MINOR' RHAMNUS CAL!FORNICA RHUS INTERGIFOLIA RHUS OVATA SALVIA CLEVELAND!! SALVIA GREG!! SALVIA LEUCOPHYLLA SALVIA TRIDENT SANTOLINA SPP. SIMMONDSIA CHINENSIS TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DE L4 MINA' WESTRINGIA FRUTICOSA XYLOCOCCUS BICOLOR Groundcovers BACCHARIS 'CENTENNIAL' BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ELYMUS TRITICOIDES ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM LEYMUS COND. 'CANYON PRINCE' ROSEMARINUS 'PROSTRATUS' SENECIO MANDRALISCAE SENECIO SERPENS Vines FICUS PUMILA MACFADYENA UNGUIS-CATI PARTHENOCISSUS TRICUSPIDATA VITPS CALIFORNICA LANTANA LAVENDER TEXAS RANGER BLUE LYME GRASS MONKEY -FLOWER DEER GRASS MYRTLE PENSTEMON YEDDO HAWTHORN COFFEEBERRY LEMONADEBERRY SUGAR BUSH CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA COAST ROSEMARY MISSION MANZAN!TA BENTENNIAL BACCHARIS DWARF COYOTE BRUSH CEANOTHUS DYMONDIA BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT BLUE LYME GRASS TRAILING ROSEMARY KL EI NIA BLUE CHALKSTICKS CREEPING FIG CAT'S CLAW BOSTON IVY CALIFORNIA WILD GRAPE L L L L X L X M X M L X M L X L X L X L L L L L VL X L L X L L X L L L L L X L X L X L X L L L M L M L X NOTE: THIS LIST I5 NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED IF APPROVED BY THE PLANNING DEPARTMENT. =0.11r • SPECIFIC PLAN November 2017 ND A -39 A-39 APPENDIX Street Type: Altair Vista - One-way Street with Parking one side Scientific Name Trees - Shade ACACIA STENOPHYLLA CERCIDIUM 'DESERT MUSEUM' LAURUS MOBIL IS 'SARATOGA' OLEA EUROPAEA 'SWAN HILL' QUERCUS AGR1 FOL IA QUERCUS ILEX RHUS LANCEA Shrubs AGAVE SPP. ARCTOSTAPHYLOS CULTIVARS ARISTIDA PURPUREA BAILEYA MULTIRADIATA BULBINE FRUTESCENS CALLIANDRA CALIFORNICA CALLIANDRA ERIOPHYIA CALLISTEMON VIM, 'LITTLE JOHN' CEANOTHUS CULTIVARS CISTUS SPP. CONVOLVULUS CNEORUM COREOPSISAUR!CULATA 'NANA' COREOPS1S LANCEOLATA DASYLIRION SPP. ENCELIA CALIFORNICA ECHINOCACTUS GRUSONI! EPILOBIUM SPP, (ZAUSCHNERIA) EREMOPHILA HYGRO. 'BLUE BELLS' ERIOGONUM FASCICULATUM EUPHORBIA MILI! 'RED! -RED' GALVESIA SPECIOSA GREVILLEA SPP. GAURA LINDHEIMERI HESPERALOE PARVIFLORA ILEX VOMITORIA KECKIELLA ANTIRHINNOIDES KECKIELLA CORD!FOLIA LANTANA SPP. LAVANDULA SPP. LEYMUS COND. 'CANYON PRINCE' MUHLENBERGIA RIGENS A-40 Common Name SHOESTRING ACACIA PALO VERDE SWEET BAY FRUITLESS OLIVE COAST LIVE OAK HOLLY OAK AFRICAN SUMAC CENTURY PLANT MANZANITA CULTIVARS PURPLE THREE AWN DESERT MARIGOLD BULBINE BAJA DUSTER FAIRY DUSTER LITTLE JOHN BOTTLEBRUSH CEANOTHUS ROCKROSE BUSH MORNING GLORY DWARF COREOPSIS COREOPSIS DESERT SPOON CALIFORNIA ENCELIA GOLDEN BARREL CACTUS CALIFORNIA FUCHSIA BLUE BELLS EMU BUSH BUCKWHEAT RED EUPHORBIA ISLAND BUSH SNAPDRAGON GREVILLEA GUARA RED/YELLOW YUCCA YAUPON YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON L LANTANA L LAVENDER L BLUE LYME GRASS L DEER GRASS M Water SoCaI Use Native L L X L L L X L L L L L X L L L VL M L L L L L L L X L L X L L X L L X L M L L L X X X X November 2017 SPECIFIC PLANrIf MYRTUS COMMUNIS PENSTEMON HETEROPHYLLUS RHAPHIOLEPIS UMBELLATA 'MINOR' SALVIA CLEVELAND!! SALVIA GREGI! SALVIA LEUCOPHYLLA SALVIA TRIDENT SANTOLINA SPP. SIMMONDSIA CHINENSIS TEUCRIUM CHAMAEDRYS VERBENA LILACINA 'DE LA MINA' Groundcovers BACCHARIS 'CENTENNIAL' BACCHARIS PILULARAIS CVS. CEANOTHUS CULTIVARS DYMONDIA MARGARETAE ELYMUS TRITICOIDES ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM LEYMUS COND. 'CANYON PRINCE' ROSEMARINUS 'PROSTRATUS' SENECIO MANDRALISCAE SENECIO SERPENS MYRTLE PENSTEMON YEDDO HAWTHORN CLEVELAND SAGE AUTUMN SAGE PURPLE SAGE HYBRID SAGE LAVENDER COTTON JOJOBA GERMANDER CEDROS ISLAND VERBENA BENTENNIAL BACCHARIS DWARF COYOTE BRUSH CEANOTHUS DYMONDIA BEARDLESS WILD RYEGRASS CALIFORNIA ENCELIA BUCKWHEAT BLUE LYME GRASS TRAILING ROSEMARY KLEINIA BLUE CHALKST!CKS M L X M L L L L L VL X L L X L L L L L X L X L X L X L L L NOTE: THIS LIST I5 NOT ALL INCLUSIVE. ADDITONAL SPECIES MAY BE ADDED 1F APPROVED BY THE PLANNING DEPARTMENT, NISPECIFIC PLAN November 2017 APPENDIX APPENDIX A-42 Street Type: Altair Vista Culvert and A Street Bridge - Contiguous Sidewalks with no Parking These areas do not have landscaping since they are bridges or faux bridges (culverts.) Street Type: Alley — 24' Width See Village Plant lists. November 2017 SPECIFIC PLANfl Altair Appendix -Plant Lists (Refer to various Specific Plan Sections for Design Intent Descriptions of each area) NOTE: Plant species identified in Table 6-2 of the Multiple Species Habitat Conservation Plan (MSHCP) shall not be used in areas adjacent to the MSHCP corridor and/or native open space. Natural (Permanent) Slopes: Scientific Name Trees - Shade QUERCUS AGR!FOLIA QUERCUS CHRYSOLEPIS QUERCUS ENGLEMANNII QUERCUS LOBATA Trees - Accent CEANOTHUS ARBOREUS CERCIS OCCIDENTAL'S CERCOCARPUS BETULOIDES FRAXINUS DIPETALA HETEROMELES ARBUTIFOLIA PRUNUS ILIC!FOLIAILICIFOLIA QUERCUS BERBERIDIFOLIA RHUS (MALOSMA) LAURINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ASCLEPIAS FASCICULARIS ARCHTOSTAPHYLOS GLAUCA ARTEMISIA CALIFORNICA BACCHARIS PILULARIS CEANOTHUS CRASSIFOLIUS CEANOTHUS TOMENTOSUS CERCIS OCCIDENTAL'S ALBA' ENCELIA FARINOSA £PILOBIUM CANUM SSP. CANUM KECKIELLA ANTIRHINNOIDES KECKIELLA CORDIFOL!A MIMULUS AURANTIACUS OPUNTIA LITTORAL'S PENSTEMON HETEROPHYL L US RHAMNUS CALIFORNICA SPECIFIC PLAN Common Name COAST LIVE OAK CANYON OAK ENGELMANN OAK VALLEY OAK ISLAND CEANOTHUS WESTERN REDBUD MOUNTAIN MAHOGONY CALIFORNIA ASH TOYON HOLLYLEAF CHERRY SCRUB OAK LAUREL SUMAC BLUE ELDERBERRY CHAMISE NARROWLEAF MILKWEED BIGBERRY MANZANITA CALIFORNIA SAGEBRUSH COYOTE BRUSH HOARYLEAF CEANOTHUS RAMONA CEANOTHUS WESTERN REDBUD BRITTLE BUSH CALIFORNIA FUCHSIA YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON MONKEY -FLOWER COASTAL PRICKLY PEAR PENSTEMON COFFEEBERRY November 2017 Water SoCaI Use Native L L L L X X X X L X L X VL X L X L X VL X L X L X L X VL X L X L X i X L X L X L X L X L X L X L X L X L X L X L X L X A-43 APPENDIX Altair Appendix -Plant Lists (Refer to various Specific Plan Sections for Design Intent Descriptions of each area) NOTE: Plant species identified in Table 6-2 of the Multiple Species Habitat Conservation Plan (MSHCP) shall not be used In areas adjacent to the MSHCP corridor and/or native open space. Natural (Permanent) Slopes: Scientific Name Trees - Shade QUERCUS AGRIFOLIA QUERCUS CHRYSOLEPIS QUERCUS ENGLEMANNII QUERCUS LOBATA Trees - Accent CEANOTHUS ARBOREUS CERCIS OCCIDENTALIS CERCOCARPUS BETULOIDES FRAXINUS DIPETALA HETEROMELES ARBUTIFOLIA PRUNUS ILICIFOLIA ILICIFOLIA QUERCUS BERBERIDIFOLIA RHUS (MALOSMA) L4URINA SAMBUCUS NIGRA CAERULEA Shrubs ADENOSTOMA FASCICULATUM ASCLEPIAS FASCICULARIS ARCHTOSTAPHYLOS GLAUCA ARTEMISIA CALIFORNICA BACCHARIS PILULARIS CEANOTHUS CRASSIFOLIUS CEANOTHUS TOMENTOSUS CERCIS OCCIDENTALIS 'ALBA' ENCELIA FARINOSA EPILOBIUM CANUM SSP. CANUM KECKIELL4 ANTIRHINNOIDES KECKIELLA CORDIFOLIA MIMULUS AURANTIACUS OPUNTIA LITTORALIS PENSTEMON HETEROPHYLLUS RHAMNUS CALIFORNICA Common Name COAST LIVE OAK CANYON OAK ENGELMANN OAK VALLEY OAK ISLAND CEANOTHUS WESTERN REDBUD MOUNTAIN MAHOGONY CALIFORNIA ASH TOYON HOLLYLEAF CHERRY SCRUB OAK LAUREL SUMAC BLUE ELDERBERRY CHAMISE NARROWLEAF MILKWEED BIGBERRY MANZANITA CALIFORNIA SAGEBRUSH COYOTE BRUSH HOARYLEAF CEANOTHUS RAMONA CEANOTHUS WESTERN REDBUD BRITTLE BUSH CALIFORNIA FUCHSIA YELLOW PENSTEMMON HEART -LEAVED PENSTEMMON MONKEY -FLOWER COASTAL PRICKLY PEAR PENSTEMON COFFEEBERRY November 2017 Water SoCaI Use Native L X L X L X L X L X L X VL X L X L X VL X L X L X L X VL X L X L X L X L X L X L X L X L X L X L X L X L X L X L X L X SPECIFIC PLANrJI ORDINANCE NO. 18-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On November 24, 2014, Rob Honer, representing Ambient Communities filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The proposed Project consists of a change in the General Plan designation on the proposed Project site from Industrial Park (IP), Open Space (OS), Medium Density Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific Plan Implementation (SPI) for the Altair Specific Plan. The Altair Specific Plan is a series of standards and regulations that will govern all development on the property. These standards and regulations address land use standards, a form based code, setbacks, building height, and parking requirements. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance of the proposed Project site, and compatibility with the surrounding community. In addition to the proposed General Plan Amendment and Specific Plan, the proposed Project also includes a Tentative Tract Map and a Development Agreement. C. The proposed 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. D. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the proposed Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as Ords 18-02 1 required by law. The public comment period commenced via the State Clearing House from May 2, 2016 through June 17, 2016. The City published a Notice of Availability for the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within the City. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2016 through June 17, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ron H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On November 15, 2017, the Planning Commission considered the Final Environmental Impact Report ("EIR"), Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support of, or in opposition to, this matter. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17-43 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." G. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17-46 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210- 049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." H. On December 12, 2017, the City Council of the City of Temecula considered the proposed Project and the EIR, Mitigation Monitoring and Reporting Program, and Ords 18-02 2 Statement of Overriding Considerations, 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 City Council considered all the testimony and any comments received regarding the proposed Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 17-86 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES, GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." Resolution No. 17-86 and the findings therein are hereby incorporated by this reference as set forth in full. J. All legal preconditions to the adoption of this Ordinance have occurred. Section 2. Legislative Findings. The City Council in approving the Development Agreement with Ambient Communities for the Altair Specific Plan hereby makes the following findings: A. The Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement specifies in detail and contains the following: 1. Provisions in Section 9.1 requiring periodic review at least every twelve months, at which time the Applicant shall be required to demonstrate good faith compliance with the terms of the Development Agreement (California Government Code Section 65865.1). 2. Duration of the Development Agreement, as specified in Section 2.3 of the Agreement as being twenty (20) years (Government Code Section 65865.2). 3. The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed buildings, and provisions for reservation or dedication of land for public purposes in Sections 2, 3, and 7-10 of the Specific Plan (which is incorporated into the Development Agreement and herein by this reference) and in Section 4 of the Development Agreement (Government Code Section 65865.2). Ords 18-02 3 4. Terms and conditions in Section 11 of the Specific Plan (which is incorporated into the Development Agreement by reference), and in Sections 2-4 of the Development Agreement, that require the developer to construct all necessary public improvements necessary to access and improve the property for the proposed use (Government Code Section 65865.2). B. Pursuant to Section 65867.5, the provisions of the Development Agreement are consistent with the City's General Plan and the following goals and policies: The Development Agreement is consistent with the City's General Plan, as amended. The Development Agreement will allow for the construction of up to 1,750 new homes for a range of household sizes, income, and demographics. The Land Use Element identifies the objective for this area which is to "provide complimentary land uses to Old Town that increase the vitality of the area; to increase the range of the housing opportunities west of 1-15; and to encourage sensitive site and building design given the topography of the area." The Development Agreement will allow for the construction of a range of multifamily and detached housing types within walking distance of Old Town that will result in a vibrant combination of uses for the aggregate planning areas. The Development Agreement will satisfy two of the four implementation measures listed in LU -22 of the Land Use Element Implementation Program: "[p]roviding infill residential opportunities within the area and the adjacent Westside Specific Plan to create a nighttime population for the area," and "[I]ocating additional public and community facilities within and surrounding the Old Town area." The Development Agreement is also consistent with Goal 2 of the Circulation Element of the General Plan which is to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." The Development Agreement will require the developer to construct a significant portion of the Western Bypass Corridor project connecting SR -79 (Temecula Parkway) to Rancho California Road via Vincent Moraga Drive. The Development Agreement is also consistent with Goal 1 of the Housing Element which is to "provide a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula." Single-family detached houses represent 80% of the existing housing stock in the City. The Development Agreement will allow for the construction of a mixture of housing which is needed in the City. Among other policies in the Housing Element, the Development Agreement implements Policy 1.2 of the Housing Element which is to "[e]ncourage residential development that provides a range of housing types in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types." Ords 18-02 4 It also implements Policy 1.3 which is to "[rjequire a mixture of diverse housing types and densities in new developments around the village centers to enhance their people orientation and diversity." The Development Agreement will allow development predominantly east of the Western Bypass, preserving the western portion of the property as natural open space, thus consistent with Policy 1.5 of the Housing Element which is to "[e]ncourage the use of clustered development to preserve and enhance important environmental resources and open space, consistent with sustainability principles." Further findings of consistency between the Specific Plan, which the Development Agreement implements, and the General Plan can be found in Section 2.6 of the Specific Plan, which is hereby incorporated by this reference. The Development Agreement complies with the goals and objectives of the General Plan by providing extraordinary public benefits in the form of public infrastructure, parks, trails, and a 55 -acre civic site for public use to justify the increased density associated with the Altair Specific Plan and Development Agreement. C. Pursuant to Section 65867.5(c), a Development Agreement that includes a subdivision shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Government Code section 66473.7. Section 3.7.5 of the Development Agreement provides that any tentative map prepared for the proposed Project shall comply with Califomia Government Code Section 66473.7. Section 3. Consistency with General Plan. On December 12, 2017, the City Council adopted Resolution No. 17-87, which amended the Land Use Element and Circulation Element of the General Plan, in conformity with Government Code section 65300.5. Therefore, the foregoing amendments outlined in this Ordinance are consistent with the goals and policies of the General Plan for the City of Temecula. Section 4. Approval of the Development Agreement. The City Council hereby approves the Development Agreement between the City of Temecula and Temecula West Village, LLC, in substantially the form presented to the City Council and authorizes the Mayor to execute the Development Agreement on behalf of the City. Upon execution by all parties, an original shall be kept on file in the Office of the City Clerk. Section 5. 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. Ords 18-02 5 Section 6- Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section7. 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 9th day of January, 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 18-02 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of December, 2017, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the Wh day of January, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ords 18-02 6 Randi Johl, City Clerk RECORDING REQUESTED BY: CITY OF TEMECULA AND WHEN RECORDED MAIL TO: CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 Attention: City Clerk Exempt from recording fees pursuant to Govt. Code Sections 6103 and 27383 Development Agreement between City of Temecula and Temecula West Village, LLC DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of January 9, 2018 ("Agreement Date"), by and between TEMECULA WEST VILLAGE, LLC, a Delaware limited liability company (hereinafter "OWNER"), and the CITY OF TEMECULA, a municipal corporation. organized and existing under the laws of the State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Legislation") and Article XI, Section 2 of the California Constitution. RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes the CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. OWNER is the owner of certain real property within the City of Temecula, the County of Riverside, State of California (the "Property"), as more particularly described in Attachment 1 attached hereto and made a part hereof. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the applicable regulations of the City of Temecula and those regulations of other agencies exercising jurisdiction upon the project. The Scope of Development of the Property as contemplated by this Agreement is described in the Agreement in Section 1.4. D. OWNER has applied for, and the CITY has approved, the Development Plan Approval(s) and OWNER and CITY have entered into this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of the CITY, create a development project sensitive to human needs and values, facilitate efficient traffic circulation and develop the Property. As part of the process of granting this Entitlement, the City Council of the CITY (hereinafter the "City Council") has required the preparation of an environmental review and has certified the Specific Plan EIR as regards to any significant effects arising from the Development and has otherwise carried out all requirements of the California Environmental Quality Act ("CEQA") of 1970, as amended. -2- E. The following actions were taken with respect to this Agreement and the Project: 1. On November 15, 2017, following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council approve the Development Plan Approvals and this Agreement; 2. On December 12, 2017 after a duly noticed public hearing and pursuant to CEQA, the City Council adopted Resolution No. 17-86 certifying the Altair Specific Plan EIR for this Agreement and the Project and approving a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; 3. On December 12, 2017, after a duly noticed public hearing, the City Council introduced Ordinance No. 18-01 and on January 9, 2018 adopted Ordinance No. 18-01 approving Altair Specific Plan No. #15; 4. On December 12, 2017, after a duly noticed public hearing, the City Council introduced Ordinance No. 18-02 and on January 9, 2018 adopted Ordinance No. 18-02 approving and authorizing the execution of this Agreement, the original of which is on file in the Office of the City Clerk. F. The CITY has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the CITY by the development of the Project and concluded that the Project is in the best interests of the CITY and that its provisions are consistent with the City's General Plan and each component thereof. G. In consideration of the substantial public improvements and benefits to be provided by OWNER and the Project, in further consideration of the implementation of the Altair Specific Plan and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, the CITY intends to give OWNER assurance that OWNER can proceed with the development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with the CITY's General Plan, ordinances, policies, rules and regulations existing as of the Effective Date as described in the Agreement. In reliance on the CITY's covenants in this Agreement concerning the Development of the Property, OWNER has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Project feasible. H. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Development Plan Approvals implement the goals and policies of the CITY's General Plan, and the Altair Specific Plan provides balanced and diversified land uses and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the CITY, (ii) this Agreement is in the best interests of and not detrimental to the public health, safety and general welfare of the CITY and its residents; (iii) adopting this Agreement is consistent with the CITY's General Plan and each element thereof; (iv) constitutes a present exercise of the CITY's police power; and (v) this Agreement is being entered into -3- pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. The CITY and OWNER agree that it may be beneficial to enter into additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated additional agreements or modifications to this Agreement. AGREEMENT NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, as it applies to the CITY, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement and for the further consideration described in this Agreement, the parties agree as follows: 1. Definitions. The following words and phrases are used as defined terms throughout this Development Agreement and each defined term shall have the meaning set forth below. 1.1 Acquisition Price. "Acquisition Price" has the meaning set forth in Section 4.5.3. of this Agreement. 1.2 Authorizine Ordinance. The "Authorizing Ordinance" means Ordinance No. 18- 02 approving this Agreement. 1.3 Central Phase. "Central Phase" refers to the Central Phase of the Project as defined in the Development Plan. 1.4 CEOA. "CEQA" refers to the California Environmental Quality Act as referenced in Recital D of this Agreement. 1.5 CITY. The "CITY" means the City of Temecula, a California municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies and departments. 1.6 CITY Property. "CITY Property" has the meaning set forth in Section 4.5.1. of this Agreement. 1.7 City Council. "City Council" means the duly elected and constituted city council of the CITY. 1.8 Contributions. "Contributions" means City capital improvement and development impact fees and other cash contributions by Owner for City capital improvements required pursuant to the Project's conditions of approval or this Agreement. -4- 1.9 Development. "Development" or "Develop" or "Developing" means the improvement of the Property for purposes consistent with the Project's land use authorization as set forth in the Development Plan, including, without limitation: grading, the construction of infrastructure and public facilities related to the Off-site Improvements and On-site Improvements, the construction of structures and buildings and the installation of landscaping. 1.10 Development Agreement Lestislation. The "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date. 1.11 Development Fees. "Development Fees" means Development Impact Fees as defined hereunder imposed on the Development as conditions of development as more particularly set forth in Section 4.2. 1.12 Development Impact Fees. Except as set forth herein and for purposes of this Agreement, Development Impact Fees (sometimes referred to in this Agreement as "DIF") shall mean individually and in the aggregate, the City's currently adopted DIF as established in Chapter 15.06 of the Temecula Municipal Code at the rate then in effect at the time required for payment, subject to the provisions of Section 4. 1.13 Development Plan. The "Development Plan" consists of this Agreement, the Development Plan Approval(s), the Existing Regulations, and those Future Development Approvals, if any, contemplated, necessary, and requested by OWNER and approved by the CITY to implement the land uses authorized by the Project. 1.14 Development Plan Approval(s). "Development Plan Approval(s)" means the approvals of the City Council and other governmental agencies and other actions and agreements described in Attachment 6 hereto, including those amendments to this Agreement made in accordance with Section 3.9., those amendments to the Development Plan Approvals made in accordance with Section 3.8., and those Future Development Approvals made in accordance with Section 3.10. 1.15 Development Transferee. "Development Transferee" means a person or entity that expressly assumes the obligations of a Master Developer under this Agreement pursuant to Section 2.5. hereof. 1.16 Effective Date_ . "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.17 Eligible Public Facilit(v)(ies). "Eligible Public Facilit(y)(ies)" means those facilities of the City and other public agencies that are eligible to be financed through the CFD as described in Section 4.5.2. 1.18 End User. "End User" has the meaning set forth in Section 2.5.2. of this Agreement. 1.19 Escrow Holder. "Escrow Holder" has the meaning set forth in Section 4.5.1.(iv) of this Agreement. -5- 1.20 Estoppel Certificate. "Estoppel Certificate" has the meaning set forth in Section 10.5. of this Agreement. 1.21 Existing Regulations. "Existing Regulations" means those written ordinances, rules, regulations, policies, or other written actions of the CITY, other than the Development Plan Approval(s) in effect on the Effective Date, which govern the permitted uses of the Property, building heights, the size of structures, the density and intensity of use of the Property, the timing, fees, and conditions to Development, exactions, assessments, the procedures for, and types of, permits required for the Development, the design, improvement and construction standards and specifications applicable to the Property and the infrastructure required for the Development. By way of enumeration, and not limitation, the Existing Regulations include those portions of the items identified on Attachment 5 which apply to the Property. The CITY has certified two (2) copies of each of the documents listed on Attachment 5. The CITY has retained one (1) set of the certified documents and has provided OWNER with the second (2nd) set. 1.22 Future Development Approvals. "Future Development Approvals" means those entitlements and approvals that are made in accordance with Section 3.10. By way of enumeration, and not limitation, the Future Development Approvals include actions such as development plan review, tentative maps, final maps, use permits, variances, grading permits, occupancy permits and building permits. 1.23 Habitat Restoration Property. "Habitat Restoration Property" has the meaning set forth in Section 4.5.1. of this Agreement. 1.24 Habitat Restoration Property Option. "Habitat Restoration Property Option" has the meaning set forth in Section 4.5.1. of this Agreement. 1.25 Habitat Restoration Property Option Notice. "Habitat Restoration Property Option Notice" has the meaning set forth in Section 4.5.1.(iv) of this Agreement. 1.26 Habitat Restoration Purchase Price. "Habitat Restoration Property Option Purchase Price" has the meaning set forth in Section 4.5.1.(v) of this Agreement. 1.27 Habitat Restoration Property Option Term. "Habitat Restoration Property Option Term" has the meaning set forth in Section 4.5.1.(ii) of this Agreement. 1.28 Hillside Escarpment PSA. "Hillside Escarpment PSA" has the meaning set forth in Section 4.4.5.(iii) of this Agreement. 1.29 Improved Portion. "Improved Portion" has the meaning set forth in Section 4.5.3. of this Agreement. 1.30 Indemnified Partv(ies). "Indemnified Party(ies)" has the meaning set forth in Section 6. of this Agreement. 1.31 Indenmifvin2 Party(ies). "Indemnifying Party(ies)" has the meaning set forth in Section 6. of this Agreement. -6- 1.32 Lender. "Lender" has the meaning set forth in Section 15.2. of this Agreement. 1.33 Master HOA. "Master HOA" has the meaning set forth in Section 4.4.4.(ii) of this Agreement. 1.34 Mello -Roos Act. "Mello -Roos Act" means the Mello Roos Community Facilities Act of 1982, as amended, being California Government Code Section 53311 et seq. 1.35 Merchant Builder. "Merchant Builder" means a buyer, assignee, or transferee of one or more individual lots or tracts of the Project, acquiring such lots or tracts with the intention of developing, improving, or using such lots or tracts for development and/or resale. 1.36 MSHCP. "MSHCP" means the Riverside County Multi -Species Habitat Conservation Plan. 1.37 Nature Center Conservation Easement Parcel. "Nature Center Conservation Easement Parcel" has the meaning set forth in Section 4.4.3.(i)(a) of this Agreement. 1.38 Nature Center Open Space Parcel. "Nature Center Open Space Parcel" is depicted on Attachment 4 of this Agreement. 1.39 Nature Center Parcel. "Nature Center Parcel" is depicted on Attachment 4 of this Agreement. 1.40 Nature Center Phase. "Nature Center Phase" refers to the Nature Center Phase of the Project as defined in the Development Plan and will consist of the Nature Center Road Parcel, the Nature Center Parcel, the Nature Center Open Space Parcel and the Nature Center Conservation Easement Parcel, all as depicted on Attachment 4 hereto. 1.41 Nature Center Road Parcel. "Nature Center Road Parcel" is depicted on Attachment 4 of this Agreement. 1.42 North Phase. "North Phase" refers to the North Phase of the Project as defined in the Development Plan. 1.43 Occupied Residential Property. "Occupied Residential Property" has the meaning set forth in Section 4.5.2.(iii) of this Agreement. 1.44 Off-site Improvements. "Off-site Improvements" means the improvements set forth on Attachment 2 and as more specifically described in the Development Plan. 1.45 On-site Improvements. "On-site Improvements" means physical infrastructure improvements or facilities that are or will be located on the Property as described in the Development Plan. Certain On-site Improvements may be specifically addressed in this Agreement, which are identified on Attachment 3. All other On-site Improvements will be dependent upon the Development and the required Future Development Approvals. -7- 1.46 Operating Memorand(a)(um). "Operating Memorand(a)(um)" has the meaning set forth in Section 3.9.5. of this Agreement. 1.47 OWNER. "OWNER" is initially TEMECULA WEST VILLAGE, LLC, a Delaware limited liability company registered to do business in California, and others who subsequently are assigned the rights and obligations of OWNER as Master Developer(s) pursuant to Section 2.5. hereof. 1.48 Planning Commission. "Planning Commission," means the duly appointed and constituted planning commission of the CITY. 1.49 Project. "Project" means the development of the Property as set forth in the Development Plan Approval(s). 1.50 Proiect EIR. "Project EIR" means that final environmental impact report prepared for the Project and this Development Agreement, as certified on December 12, 2017 by Resolution No. 17-86. hereof. 1.51 Property. "Property" means that certain real property described in Attachment 1 1.52 RCA. "RCA" has the meaning set forth in Section 3.4.4.(ii) of this Agreement. 1.53 Reserved Authority. "Reserved Authority has the meaning set forth in Section 5.2. of this Agreement. 1.54 Second Default Notice. "Second Default Notice" has the meaning set forth in Section 15.2.3. of this Agreement. 1.55 Services Deficit. "Services Deficit" has the meaning set forth in Section 4.7.(i) of this Agreement. 1.56 South Phase. "South Phase" means the South Phase of the Project as defined in the Development Plan. 1.57 Special Tax A. "Special Tax A" has the meaning set forth in Section 4.5.2. of this Agreement. 1.58 Special Tax B. "Special Tax B" has the meaning set forth in Section 4.5.2. of this Agreement. 1.59 Special Tax C. "Special Tax C" has the meaning set forth in Section 4.5.2. of this Agreement. 1.60 Specific Plan. "Specific Plan" means the Altair Specific Plan, approved by Ordinance No. 18-01 adopted by the City Council on January 9, 2018, and as thereafter amended from time to time in accordance with Section 3.8. of this Agreement. Any reference in this -8- Agreement to a Planning Area shall mean the Planning Areas set forth in the Specific Plan as adopted or as amended. 1.61 Superpad Improvements. "Superpad Improvements" has the meaning set forth in Section 4.5.3.(ii) of this Agreement. 1.62 SWPPP Costs. "SWPPP Costs" shall mean the costs required to comply with the Chapter 18.18 of the Temecula Municipal Code, as currently exists or may hereafter be amended, and the applicable permits issued by the State Water Resources Control Board and the applicable Regional Water Quality Control Board with jurisdiction over the City, as currently exists or may hereafter be amended or approved, including without limitation, the "Storm Water Pollution Prevention Plan," erosion and sediment control measures, and NPDES mitigation measures. 1.63 Transferred Property. "Transferred Property" has the meaning set forth in Section 2.5.3. of this Agreement. 1.64 TUMF. "TUMF" means the Transportation Uniform Mitigation Fee established pursuant to Chapter 15.08 of the Temecula Municipal Code and the City Council resolutions adopted pursuant thereto. 1.65 Unimproved Portion. "Unimproved Portion" has the meaning set forth in Section 4.5.3.(ii) of this Agreement. 1.66 Western Bypass Bridge. "Westem Bypass Bridge" has the meaning set forth in the Development Plan. 1.67 Western Bypass Bridge Phase. "Western Bypass Bridge Phase" means the Westem Bypass Bridge Phase of the Project as defined in the Development Plan. 1.68 Western Bypass Road. "Western Bypass Road" has the meaning set forth in the Development Plan. 1.69 Wildlife Conservation Costs. "Wildlife Conservation Costs" has the meaning set forth in Section 4.4.5.(v)(a) of this Agreement. 1.70 WRCOG. "WRCOG" has the meaning set forth in Section 4.2.1. of this Agreement. 2. General Provisions. 2.1 Binding Covenants. The provisions of this Agreement to the extent permitted by law, constitute covenants which shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. 2.2 Interest of OWNER. OWNER represents that OWNER has a legal interest in the Property that satisfies California Government Code Section 65865(b). -9- 2.3 Term. This Agreement shall become effective on the Effective Date, and shall have a term (the "Term") of twenty (20) consecutive calendar years. The Term shall terminate at 11:59 p.m. of the day preceding the twentieth (20th) anniversary of the Effective Date, subject to specific extensions, revisions, and termination provisions of this Agreement. The Term shall be extended by the mutual agreement of the Parties for one (1) period of ten (10) years subject to the Westem Bypass Road and Western Bypass Bridge being constructed and fully dedicated to the CITY within the initial twenty (20) year Term. The final day of this Agreement's regulation of the Property shall change subject to and upon the facts and terms relating to a specific extension(s), force majeure, revision(s), and termination provisions of this Agreement. Notwithstanding the foregoing, in the event that a court of competent jurisdiction takes any action that stays or delays the Effective Date, and subsequently enters after all appeals or time to appeal have been exhausted, a final judgment or issuance of a final order directed to the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement, then this Agreement shall be deemed to have no force or effect upon either party. 2.4 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.4.1 Termination occurring pursuant to any specific provision of this Agreement, including, without limitation, a termination in the event of default; 2.4.2 The completion of the total build -out of the Development pursuant to the terms of this Agreement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or 2.4.3 The lapse of the Term as set forth in Section 2.3. The termination of this Agreement shall not affect any right or duty arising independently from entitlements issued by the CITY or other land use approvals approved prior to, concurrently or subsequent to the approval of this Agreement, except as may be provided in this Agreement. To provide notice to all, and not as a condition of the effectiveness of a termination of the Agreement, the parties agree to execute and record terminations of or releases of this Agreement as may be requested by either party. 2.5 Transfers and Assignments. 2.5.1 Restrictions on Transfers of OWNER's Rights and Obligations as Master Developer. OWNER acknowledges and agrees that there are very significant public improvements required for the Project and that the completion of those public improvements will require coordination of CITY, OWNER and any Development Transferees of the Property or any portion thereof. It is essential that any transfer of the Property or a portion of the Property to Development Transferees be completed in such a way that the public improvements will be completed as provided in the Development Plan Approvals and this Agreement. OWNER shall not sell, assign, or otherwise transfer all or any portion of its interests in the Property together with all its right, title and interest in this Agreement, or the portion thereof which is subject to the transferred portion of the Property, to any Development Transferee until such time as the public and private improvements required by the Development Plan Approval(s) and this Agreement have -10- been accepted by the City unless the City has approved the transfer pursuant to this Section. City shall not unreasonably withhold, condition or delay consent to the transfer provided that: (1) the Development Transferee has specifically assumed in writing the obligations, or a portion of the obligations of the OWNER, to design, construct, install and finally complete the public and private improvements required by the Development Plan Approvals and this Agreement; (2) the Development Transferee has substantially equivalent experience and financial capacity as OWNER to complete the public and private improvements required by the Development Plan Approval(s) and this Agreement; and (3) the Development Transferee has obtained replacement bonds, accepted by the City for the public and private improvements required by the Development Plan Approval(s) and this Agreement (in which event, the City shall release the OWNER's corresponding Public Improvement bonds). In the event of any sale, assignment, or other transfer to a Development Transferee pursuant to this Section, (i) OWNER shall notify the City at least sixty (60) days prior to the transfer of the name of the Development Transferee, together with the corresponding entitlements being transferred to such Development Transferee; (ii) submit to the CITY for review the agreement between OWNER and Development Transferee pertaining to such transfer providing that the Development Transferee shall be liable for the performance of those obligations of OWNER under this Agreement which relate to the Transferred Property, if any, or shall confirm that the OWNER and all Development Transferees shall remain jointly liable for the design and construction of public and private improvements required by the Development Plan Approval(s) and this Agreement; and (iii) submit to the CITY such further information as the CITY may reasonably need to complete its review and consent to the transfer. 2.5.2 Right to Transfer or Assign to End User. OWNER and any Merchant Builder, shall, without the consent of the CITY or any other party, have the right from time to time and on such number of occasions as it chooses, to sell, assign or otherwise transfer individual lots on final maps approved on the Property or any portion thereof, to any retail purchaser intending to occupy the unit as his or her principal residence ("End User") at any time during the Term of this Agreement. Absent an express written assumption of the obligations or rights hereunder as reasonably approved by the CITY, upon the sale, assignment, or other transfer to an End User of one or more individual lots, this Agreement shall terminate with respect to such lots without the execution or recordation of any further documentation. For purposes of documentation only, the transferor/assignor shall provide CITY with written notice of the name of the End User, that assumed rights or obligations hereunder, together with a description of the assumed rights and obligations. 2.5.3 Right to Assign to Merchant Builder. OWNER shall, without the consent of the CITY or any other party, have the right from time to time and on such number of occasions as it chooses to sell, assign or otherwise transfer its interest in a portion of the Property together with some or all of its rights and obligations under this Agreement with respect to the portion of the Property which is subject to transfer (the "Transferred Property"), to any Merchant Builder at any time during the Term of this Agreement. Any transfer or assignment must be pursuant to a sale, assignment or other transfer of an interest of such OWNER in a portion of the Property and shall be subject to the following criteria and conditions: (i) the transferor/assignor shall notify the CITY at least twenty (20) days prior to the transfer of the name of the Merchant Builder, together with the corresponding rights and obligations, if any, being transferred to such Merchant Builder; (ii) all Off -Site and On -Site Improvements required for the issuance of building permits for the property being conveyed to the Merchant Builder, other than specific tract improvements, pursuant -11- to the Development Approvals, shall have been completed (or shall be expressly assumed in writing by such Merchant Builder and such assumption is approved in writing by the CITY, pursuant to the criteria set forth in Section 2.5.1.); and (iii) the agreement between the transferor/assignor and Merchant Builder pertaining to such transfer shall provide, and OWNER shall give CITY notice of such provision, which obligations of OWNER under this Agreement the Merchant Builder shall be liable to perform, and acknowledging those obligations OWNER retains. 2.5.4 Rights and Duties of Successors and Assigns. Any, each and all of the lawful successors and assigns of OWNER, except for End Users, shall have all of the same rights, benefits, duties and obligations of OWNER under this Agreement. All entities holding title to a portion of the Property, except for End Users, shall be jointly liable for the design and construction of the Public Improvements for that portion of the Property as set forth in this Agreement, except as may be approved by Section 2.5.1. of this Agreement or as may be modified in an Operating Memorandum pursuant to Section 3.9.5. 3. Development and Control of Development. 3.1 Project. While this Agreement is in effect, OWNER shall have the vested right to implement the Development authorized by the Development Plan Approval(s) for the Development and the CITY shall have the right to control the Development in accordance with the terms and conditions of the Development Plan Approval(s) and this Agreement. Except as otherwise specified in this Agreement, the Existing Regulations shall control the Future Development Approvals and all On-site Improvements and Off-site Improvements and appurtenances in connection therewith to the extent not specifically controlled by the Development Plan Approval(s) and this Agreement. 3.2 Timing of Development. Except as otherwise set forth in this Agreement or in the Development Plan, regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Development in one phase or in multiple phases at such times as OWNER deems appropriate within the exercise of its subjective business judgment and as the same is in accordance with the Development Plan. Specifically, the CITY agrees that OWNER shall be entitled to apply for and receive permits, maps, occupancy certificates and other entitlements to develop and use the Property at any time, provided that such application is made in accordance with this Agreement and the Existing Regulations. The parties hereto expressly reject the holding of Pardee Construction Company v. City of Camarillo, 37 Ca1.3d 465 (1984), as regards any authority regulating the phasing of the Development and authorize the phasing of the construction on the Property to be consistent with the Development Plan. 3.3 Restrictions on Timing of Development. OWNER responsibility for the construction of the Off -Site Improvements and the On -Site Improvements contemplated by the Development Plan is more particularly described below and set forth in Attachments 2 and 3 attached hereto. Such On -Site Improvements and Off -Site Improvements required by the Development Plan shall be constructed in the following five (5) phases: (i) North Phase; -12- (ii) Central Phase; (iii) South Phase; (iv) Nature Center Phase; and (v) Western Bypass Bridge Phase. On -Site Improvements and Off -Site Improvements within the North Phase of the Development shall be the first On -Site Improvements and Off -Site Improvements constructed by OWNER. Development of the Property generally shall be constructed sequentially from north to south. Any modifications to such general sequence of Development of the Property shall be established pursuant to one or more Operating Memoranda pursuant to Section 3.9.5. of this Agreement. 3.4 Entitlements. Permits and Approvals - Cooperation. 3.4.1 Processing. CITY agrees that it shall accept and expeditiously process, pursuant to CITY's regular procedures, OWNER's applications for amendments to this Agreement, amendments to the Development Plan Approval(s) and the Future Development Approvals. 3.4.2 Further Mitigation. In connection with the completion of the Project, OWNER shall be responsible for the satisfaction of any mitigation measures required by the Specific Plan EIR and the Development Plan Approvals. In the event that OWNER files an application for a Future Development Approval, CITY will review that application in accordance with the Existing Regulations and CEQA (if and only to the extent required by CEQA). 3.4.3 Other Permits. The CITY further agrees to reasonably cooperate with OWNER, at no cost to the CITY, in securing any County, State and Federal permits or authorizations which may be required in connection with development contemplated by the Development Plan. This cooperation shall not entail any economic contribution by the CITY. 3.4.4 Litigation. (i) The CITY agrees to reasonably cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect. If any legal action is instituted by a third party or other governmental entity or official challenging the Development Plan Approval(s) or Future Development Approvals, the parties agree to cooperate in the defense of the action. CITY shall defend its interests under this Agreement using attorneys of its own sole selection and OWNER agrees that OWNER shall be responsible for all of CITY'S costs, including, but not limited to, attorneys' fees, costs, expert witnesses, travel, exhibits, displays and the like. Within thirty (30) days of the filing of such litigation OWNER shall deposit with the CITY the sum of thirty thousand dollars ($30,000.00) as security for the reimbursement of CITY's legal fees. OWNER shall reimburse CITY its costs within thirty (30) calendar days' of receipt of any invoice(s) requesting payment for such costs. OWNER shall replenish the deposit should CITY draw upon it within thirty (30) days of written notice from the CITY supported by detailed backup documentation showing how such deposit has been utilized. (ii) The MSHCP is overseen by the Westem Riverside County Regional Conservation Authority, a Joint Powers Agency formed under Government Code section 6500 et seq. ("RCA"). The RCA has not, to date, granted any approval of the Project. The City and OWNER have consulted with the RCA regarding the Project's consistency with the MSHCP. -13- While that consultation would not constitute an approval of the Project and thus should not subject RCA to any legal action, the OWNER or any successor -in -interest shall defend, indemnify, and hold harmless the RCA or its Board, agents, officers, officials, and employees from any petition for writ of mandate, or other claim, action or proceeding to attack, set aside, void, or annul any approval of the Project or related to the approval of the Project, that names the RCA, including, but not limited to, any associated costs, damages, attorney fees awards and administrative and legal expenses incurred by the RCA related to such actions, including but not limited to costs associated with California Public Records Act requests submitted to the RCA related to the Project and for the purposes of the action. The RCA shall promptly notify the OWNER and CITY of any such claim, action, or proceeding and shall reasonably cooperate in the defense. If the RCA fails to promptly notify the OWNER and CITY of any such claim, action, or proceeding or fails to reasonably cooperate in the defense, the OWNER shall not, thereafter, be responsible to defend, indemnify or hold harmless the RCA. The obligations imposed by this condition include, but are not limited to, the following: the OWNER shall pay all reasonable legal services expenses the RCA incurs in connection with any such claim, action or proceeding, whether it incurs such expenses directly, whether it is ordered by a court to pay such expenses, or whether it incurs such expenses by providing legal services through RCA legal counsel. The OWNER and CITY agree that all litigation pleadings in the action filed jointly with or on behalf of the RCA will be subject to review, revision, and approval by RCA legal counsel. 3.4.5 Acquisition of Off -Site Property for Public Improvements. (i) To the extent the OWNER or a Development Transferee does not have sufficient title or interest in the real property to be improved to permit an Off -Site Improvement to be made, the OWNER or Development Transferee shall make a good faith effort to acquire the required property in a timeframe calculated to allow for the orderly development of the Project. If the OWNER or Development Transferee is unable to acquire the required property, the CITY shall consider in good faith the acquisition of the required property in accordance with the provisions of Government Code Section 66462.5. Both parties acknowledge and agree that the acquisition of real property in accordance with the California Eminent Domain law requires more time than the suggested timeframes of Section 66462.5 allow and, therefore, the parties hereby waive these time constraints. The parties further acknowledge and agree that that the City cannot exercise its power of eminent domain unless and until a Resolution of Necessity has been duly adopted by the City Council pursuant to law. This Agreement is neither a commitment nor an announcement of an intent by the City to acquire any or all of the property required for Off -Site Improvements. (ii) OWNER and CITY shall develop: (1) a list of rights of way that will be needed for the Public Improvements required by the Development Plan Approvals and this Agreement; (2) the then current ownership of such rights of way; (3) the time required for possession of the rights of way for the completion of the Public Improvement; and (4) the time by which OWNER shall have completed its good faith effort to acquire the right of way. OWNER and CITY shall cooperate so as to maximize the ability to construct the Public Improvements in a timely manner. (iii) OWNER and CITY shall enter into an agreement contemplated by Government Code Section 66462.5 for each Public Improvement in substantially the form of -14- Attachment 7. OWNER shall deposit with the CITY the actual costs reasonably estimated by the CITY for initiating such proceedings and each stage thereof. To the extent that funds from the Community Facilities District financing as described in Section 4.5.2. are designated for and available for the acquisition of right of way, OWNER shall provide the City with written authorization pursuant to the Acquisition Agreement between the CITY and OWNER entered into as part of the Financing to use the CFD funds in this manner. (iv) Subject to the following, if the CITY is unable to acquire the required right of way property by negotiation or condemnation within the timeframe provided for in this Agreement, the CITY shall not use such failure as grounds to deny Future Development Approvals, except for building permits for the Project, to the extent that the Future Development Approval is conditioned upon completion of that Public Improvement despite the fact that the Off - Site Improvement has not been completed, subject to OWNER compliance with the terms of this Agreement, including, without limitation, Section 3.4.5. Further, the CITY's obligation to continue to issue Future Development Approvals as provided for in this Section is contingent upon: (i) the applicable OWNER or Development Transferee having made a timely submittal of the improvement plans required for the respective Off -Site Improvement to the CITY; and (ii) consistent with Government Code Section 66462.5, the OWNER or Development Transferee entering into an agreement with the CITY to reimburse the CITY for costs incurred by the CITY in acquiring the required property; and (iii) so long as OWNER or Development Transferee has deposited with CITY an amount equal to the CITY's calculation of the costs reasonably necessary to acquire the real property, and (iv) Owner or Development Transferee has entered into an Operating Memorandum with CITY for such public work subject to all legal requirements and to construct the Off -Site Improvement(s) which are uncompleted within a time period reasonably approved by the CITY and OWNER. 3.5 Rules. Regulations and Official Policies. The Existing Regulations, as defined in Section 1.21 of this Agreement, shall govern the Development and Future Development Approvals except as otherwise specified in the Development Plan, the Development Plan Approvals, or in Section 3.6. of this Agreement. 3.6 Reserved Authority of the CITY. 3.6.1 Limitations., Reservations and Exceptions. Notwithstanding any other provision of this Agreement, and specifically Section 3.5., the following land use regulations shall apply to the Development: (1) Processing fees and charges of every kind and nature adopted by the CITY pursuant to state law for the costs related to processing applications City-wide or such fees and charges as may be agreed to by the parties for Future Development Approvals. (ii) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matters of procedure. (iii) Changes adopted by the City Council in the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical -15- Code, Uniform Housing Code, Uniform Administrative Code and Uniform Code for the Abatement of Dangerous Buildings and similar uniform codes as required by and in accordance with the authority granted to the CITY under State law. (iv) Regulations that are not in conflict with the Development Plan Approvals and this Agreement. (v) Regulations that are in conflict with the Development Plan Approval(s) provided OWNER has given written consent to the application of such regulations to the Development. (vi) Federal, State, County, and multi jurisdictional laws and regulations which preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Development Plan Approvals. (vii) Land use regulations adopted by the CITY after the Effective Date, in connection with any Future Development Approvals, necessary to protect the safety, or health, or both, of the residents or occupants of the Property, or the residents or people in the CITY, or both. 3.6.2 Future Discretion of CITY. Notwithstanding any other provision of this Section, this Agreement shall not prevent CITY, in acting on Future Development Approvals, from applying land use regulations which do not conflict with the Development Plan Approvals and the intent of this Agreement, nor shall this Agreement prevent CITY from denying or conditionally approving any Future Development Approval on the basis of the land use regulation not in conflict with the Development Plan Approval(s) and the intent of this Agreement. 3.6.3 Modification or Suspension by Federal, State, County, or Multi - Jurisdictional Law. In the event that Federal, State, County, or multi jurisdictional laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such Federal, State, County, or multi jurisdictional laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions reasonably impractical to enforce. 3.6.4 Intent. CITY acknowledges that OWNER has reasonably entered into this Agreement and will proceed with the Development of the Property on the assumption that CITY has adequately provided for the public health, safety and welfare through the Land Use Regulations. In the event that any future, unforeseen public health or safety emergency arises, CITY agrees that it shall attempt to address such emergency in such a way as not to impact the Development in accordance with the Development Plan Approval(s), and if that is not possible, to select that option for addressing the emergency which has the least adverse impact on the Development in accordance with the Development Plan Approval(s). 3.6.5 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not subject to control by CITY may possess authority to regulate aspects of the Development, and this Agreement does not limit the authority of such other public agencies. -16- 3.7 Vested Right. By entering into this Agreement and relying thereupon, OWNER is obtaining the vested rights to proceed with the Development anticipated by the Project in accordance with the terms and conditions of this Agreement, and in accordance with, and to the extent of, the Development Plan Approval(s). By entering into this Agreement and relying thereupon, the CITY is securing certain public benefits which enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 4.1. The CITY therefore agrees to the following: 3.7.1 No Conflicting Enactments. Except as provided in this Section 3., the CITY shall not enact a rule, regulation, ordinance, policy, permit or other measure, nor take any action applicable to the Project or the Property, which govems the rate, timing, scope intensity, use, density, manner, or sequencing of the Development, or any part thereof and which is inconsistent or in conflict with the Development Plan Approval(s). By way of enumeration, and not limitation, any law, action or inaction, whether by specific reference to the Project, this Agreement or otherwise, shall be considered to conflict if it: (i) Restricts the Vested Rights described in the Agreement or in any way limits or reduces the rate, timing, scope, intensity use, density, manner, or sequencing of the Development or otherwise requires any reduction or increase in the number, size, height or square footage of lot(s), structures, buildings or other improvements, modifies the standards and specifications applicable to the infrastructure required for the Development or requires additional dedications, exactions, fees or mitigation other than that provided for in the Agreement; (ii) Is consistent with Section 3.7.1.(i) hereof, but is not uniformly applied by the CITY to all substantially similar development within the CITY; or (iii) Imposes a new permit requirement or procedure not already part of the Existing Regulations. 3.7.2 Consistent Enactments. By way of enumeration and not limitation, the following types of enactments shall be considered consistent with this Agreement and Existing Regulations and not in conflict: (i) Transfers of units or permitted uses pursuant to an Operating Memorandum pursuant to Section 3.9.5. hereof; (ii) Changes in the phasing of the development pursuant to an Operating Memorandum pursuant to Section 3.9.5. hereof; and (iii) Any enactment authorized by this Agreement. 3.7.3 Initiative Measures. It is the intent of OWNER and the CITY that no moratorium or other limitation (whether relating to the development of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), site development permits, precise plans, site development plans, building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, shall apply to the Project to the extent such moratorium or other limitation would restrict OWNER's right to develop the Development -17- authorized by the Development Plan in such order and at such rate as OWNER deems appropriate as limited or regulated by this Agreement. The CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. 3.7.4 Consistency Between This Agreement, the Development Plan Approval(s) and Existing Regulations. To the extent a conflict exists or develops between the Existing Regulations and the Development Plan Approval(s), the Development Plan Approval(s) shall be controlling. To the extent a conflict exists or develops between this Agreement and any other Development Plan Approval(s), this Agreement shall be controlling. 3.7.5 Map Act Consistency. As required by California Government Code Section 65867.5, any tentative map prepared for the Project shall comply with California Government Code Section 66473.7. 3.8 Future Amendments to Development Plan Approval(s). The following rules apply to future amendments to the Development Plan Approval(s), except that Section 3.9.5. shall control with respect to a non -substantive adjustment of this Agreement and Section 3.10. shall control with respect to Future Development Approvals: 3.8.1 Owner's Written Consent. Except as expressly set forth within this Agreement, a Development Plan amendment will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement unless the OWNER has consented in writing to the Development Plan amendment. If the OWNER consents to the Development Plan amendment, the consent shall be documented in an Operating Memorandum. 3.8.2 Concurrent Development Agreement Amendment. Any Development Plan amendment requiring amendment of this Agreement shall be processed concurrently with an amendment to this Agreement. 3.8.3 Effect of Amendment. To the extent an amendment to the Development Plan Approval(s) is approved in accordance with Section 3.8.1., the amendment shall constitute for all purposes a Development Plan Approval and shall be treated as if it were in existence on the Effective Date. 3.9 Amendment of Development Agreement. 3.9.1 Initiation of Amendment. Either CITY or OWNER may propose an amendment to this Agreement. An operating memorandum, as defined below, is not an amendment of this Agreement. 3.9.2 Changes Requiring an Amendment. Unless otherwise required by law, neither an amendment to the Development Plan Approval(s) nor the approval of a Future Development Approval shall require an amendment of this Agreement unless the amendment: -18- (i) Materially alters the permitted uses of the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; (ii) Increases the density or intensity of use of the Property as a whole; (iii) Increases the maximum height and size of permitted buildings. Notwithstanding anything to the contrary herein, an amendment of this Agreement is not required if OWNER pursues entitlements, permits or approvals pursuant to a waiver of vested rights. 3.9.3 Procedure. The procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance, including without limitation compliance with CEQA and public hearings before the Planning Commission and City Council pursuant to the Development Agreement Legislation. 3.9.4 Consent. Any amendment to this Agreement shall require the written consent of both the CITY and the OWNER whose portion of the Property would be materially affected by the amendment. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing, signed by duly authorized representatives of the CITY and the applicable OWNER, and adopted pursuant to legal requirements imposed on CITY. An amendment of this Agreement does not require the consent of a Development Transferee unless the rights, duties, or obligations of the Development Transferee are affected. To the extent the consent of an OWNER that did not initiate the amendment is necessary, the OWNER shall consent to the amendment if, as determined in that OWNER's reasonable business judgment, that proposed amendment will not have a material adverse impact on the Development of that OWNER's portion of the Property. 3.9.5 Operatine Memoranda. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development Plan and with respect to those items covered in general terms under this Agreement. If and when the parties and, if applicable, a Development Transferee, mutually find that non -substantive changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the Development Plan Approval(s), they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda ("Operating Memorand(a)(um)") mutually approved by the City Manager, or designee, on behalf of the CITY and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of OWNER, which, after execution, shall be attached hereto as addenda and become a part hereof. Unless otherwise required by law or by the Development Plan Approval(s), no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. Nothing herein shall authorize the delegation of authority to the City Manager, or designee, contrary to California or Federal Law. CITY shall record all Operating Memoranda and thereafter shall attach the recorded instrument to the CITY's original Agreement and shall provide OWNER a duplicate copy. -19- 3.10 Future Development Approvals. 3.10.1 Exercise of CITY Discretion. In connection with Future Development Approvals or any other actions which the CITY is expressly permitted to make under this Agreement relating to the Project, the CITY shall exercise its discretion or take action in a manner which complies and is consistent with the Development Plan Approval(s) and the Existing Regulations. 3.10.2 Concurrent Development Agreement Amendment. Any Future Development Approval requiring amendment of this Agreement, as provided for in Section 3.9. hereof, shall be processed concurrently with an amendment to this Agreement. 3.10.3 Effect of Future Development Approvals. Except as expressly set forth within this Section 3.10., a Future Development Approval will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. To the extent a Future Development Approval is approved in accordance with Section 3.10.1. and 3.10.2., the Future Development Approval shall constitute for all purposes a Development Plan Approval and shall be treated as if it were in existence on the Effective Date. 4. Obligations of the Parties. 4.1 Benefits to CITY. The direct and indirect benefits the CITY (including, without limitation the existing and future residents of the CITY) will receive pursuant to the implementation of the Agreement generally include, but are not limited to, the following: 4.1.1 Growth Management. The Project conforms to the CITY's effort to manage growth through the use of, among other things, comprehensive planning and design, Project -wide continuity of landscaping and architectural design, design standards and layout concepts exceeding the CITY's standards for residential development, and the village -center concept. In addition, the Project is based on a "Smart Growth" design, which aims to enhance the quality of life, preserve the natural environment, and save public funds over time through efficient utilization of infrastructure. Among other things, smart growth principles include, without limitation, a mix of land uses, well-designed compact neighborhoods, a variety of transportation choices, preserve open spaces, natural beauty, and environmentally sensitive areas, and unique neighborhood identities. 4.1.2 Traffic and Circulation. Traffic and Circulation elements of the Project conform to the proposed regional plan under consideration by the County of Riverside and to the CITY's General Plan, and are designed to reduce the impact of the average daily trips generated by the Project on arterial roads and thoroughfares by, among other things, encouraging the use of streets internal to the Project for school related trips. The Project is located within close proximity of the CITY's employment centers as well as nearby regional transportation infrastructure including the Interstate 15 freeway and regional bus routes. Traffic and circulation elements of the Specific Plan also provide for the following regional facilities needed by the CITY to reduce traffic impacts: (a) Western Bypass Road (a regional, four -lane arterial roadway); (b) Western Bypass Bridge (which connects the Western Bypass Road to Temecula Parkway and the Interstate 15 freeway); and (c) Coromell Trail, formerly known as First Street (a secondary arterial roadway -20- that provides vehicular access between Old Town Temecula, the Project's proposed elementary school, and the Western Bypass Road). 4.1.3 Schools. The provision of sites for new schools and the construction of such schools on an "up front" basis rather than "as needed" and phased to coincide with the build out of the Project, which early provision and construction will assist local school districts in meeting current area needs as well as creating adequate capacity for future needs. Specifically, approximately seven (7) acres has been set aside to be dedicated to the Temecula Valley Unified School District for a new elementary school to serve the Project and adjacent neighborhoods. The school site is ideally located to provide convenient access for all attendees and will accommodate up to approximately seven hundred thirty (730) students. 4.1.4 Parks and Recreation. The public parks and other recreational facilities to be dedicated, conveyed and/or constructed as provided for herein exceed the CITY's requirements for open space and parks, and contribute to meeting the need for open space and parks in the area, parking for existing CITY facilities, a potential for joint -use facilities with adjacent schools, and lighted parks and recreational facilities. In this regard, the Specific Plan is designed not only to serve its residents, but also to contribute to the parks and recreational amenities of Old Town Temecula and the entire Temecula community. These amenities include: (a) approximately three (3) miles of paved bike routes, and two (2) miles of walking trails, all onsite and interwoven through all villages and opens spaces in the Project, and which connect to adjacent communities and regional trail systems; (b) eighteen (18) acres of parks, trails and community spaces; (c) two (2) community centers including a recreation center with outdoor pool and spa, and fitness and exercise rooms, and a two-tiered clubhouse with a multi-purpose room with kitchen and rest rooms; and (d) up to fifty-five (55) acres from the Nature Center Phase. 4.1.5 Conservation Efforts. Recognizing the significance of land conservation, the Specific Plan will conserve approximately eighty-seven (87) acres onsite. OWNER will conserve eight (8) acres off site, for a total of ninety-six (96) acres conserved. In addition, and as more specifically described below in this Agreement, Development of the Project has no presently known adverse impact on area habitat in light of the prior long-term use of the Property as open space. 4.1.6 Cultural Impacts. The Project site's cultural, historical significance has been analyzed, the Pechanga Band of Luiseno Indians have been consulted and, presently, implementation of the Specific Plan does not impact any known significant cultural resources. 4.2 Development Impact Fees. The presently adopted Development Impact Fees ("DIF"), as defined in Section 1.12. herein, and currently charged by the CITY shall be imposed upon Development within the jurisdiction of this Agreement. The CITY hereby agrees that neither the Property nor the Development shall be subject to any new or expanded fees or charges applicable to development, provided however, that the City shall be entitled to revise the actual Development Impact Fee rates, and OWNER shall pay the DIF at the rate then in effect at the time required for payment of DIF. The DIF is comprised of several components, each corresponding to different elements of the On -Site Improvements and Off -Site Improvements. The individual component and the credit, if any, is set forth hereunder. -21- 4.2.1 Street Improvement DIF Component. OWNER shall pay the street component of DIF at such time as payment of DIF is required by Chapter 15.06 of the Temecula Municipal Code as it now exists or may hereafter be amended. The OWNER is obligated to construct certain On -Site Improvements and Off -Site Improvements pursuant to the Development Approval(s) and this Agreement. Certain of these On -Site Improvements and Off -Site Improvements are for street improvements that are listed in the DIF Nexus Study, approved by the City Council as described in Resolution No. 97-94 and Chapter 15.06 of the Temecula Municipal Code ("DIF Eligible Street Improvements"). In consideration of the OWNER's completion of construction of DIF Eligible Street Improvements pursuant to the Development Plan Approval(s), CITY shall reimburse OWNER such DIF Eligible Street Improvements in an amount equal to the actual costs of design, property acquisition and construction costs insured by the OWNER in completing the DIF Eligible Street Improvements minus the OWNER's fair share contribution for the On -Site and Off -Site Public Improvements for street improvements that serve the Project and mitigate its impacts. OWNER may apply to the Director of Public Works for reimbursement of these costs and provide such information and documentation requested by the Director of Public Works as necessary to establish the amount of such reimbursement. The Director of Public Works shall determine the amount of reimbursement pursuant to this subsection and CITY shall pay to OWNER the reimbursement required by this subsection within thirty (30) days following OWNER's submission of OWNER's application or notify the OWNER's application or notify the OWNER of any objections to the information provided or amount of reimbursement requested. There shall be no credit to OWNER for the Street Improvement component of DIF. OWNER shall not be eligible for any DIF reimbursement for any On -Site and Off -Site Public Improvements for which OWNER has also received credit or reimbursement from TUMF. CITY and OWNER understand and agree that the Off -Site Improvements to Vincent Moraga Drive, between Rancho California Road and the Western Bypass Road, as contemplated by the Specific Plan qualifies for credit toward satisfying the Street Improvement Component of the DIF or for credit or reimbursement pursuant to TUMF, but not both. CITY and OWNER understand and agree that the decision to pursue credit for such improvements from either DIF or TUMF shall be at the sole discretion of the OWNER following final design approval of such improvements. In the event OWNER determines to pursue credit from TUMF, OWNER and the CITY agree to work together and cooperate in good faith to insure that OWNER and CITY receive the appropriate credit toward, and/or reimbursement from TUMF, provided, however, OWNER understands and acknowledges that while the Western Riverside Council of Governments ("WRCOG") in its capacity as the local government agency responsible for TUMF currently designates Vincent Moraga Drive as an improvement eligible for TUMF credits or reimbursement, in the future may not have sufficient funds for such reimbursement or may assign one of the facilities a low priority for reimbursement, all actions outside the actual control of the CITY. 4.2.2 Traffic Sienal DIF Component. OWNER shall pay the traffic signal component of DIF at such time as payment of DIF is required by Chapter 15.06 the Temecula Municipal Code as it now exists or may hereafter be amended. The OWNER is obligated to construct certain On -Site Improvements and Off -Site Improvements pursuant to the Development Approval(s) and this Agreement. Certain of these On -Site Improvements and Off -Site Improvements are for traffic signals that are listed in the DIF Nexus Study, approved by the City Council as described in Resolution No. 97-94 and Chapter 15.06 of the Temecula Municipal Code -22- ("DIF Eligible Traffic Signals"). In consideration of the OWNER'S completion of construction of DIF Eligible Traffic Signals pursuant to the Development Plan Approval(s), CITY shall reimburse OWNER such DIF Eligible Traffic Signals in an amount equal to the actual costs of design, property acquisition and construction costs incurred by the OWNER in completing the DIF Eligible Traffic Signals minus the OWNER'S fair share contributions for the On -Site and Off -Site Public Improvements for traffic signals that serve the Project and mitigate its impacts. There shall be no credit to OWNER for the Traffic Signal component of DIF. OWNER shall not be eligible for any DIF reimbursement for any On -Site and Off -Site Public Improvements for which OWNER has also received credit or reimbursement from TUMF. OWNER may apply to the Director of Public Works for reimbursement of these costs and provide such information and documentation requested by the Director of Public Works as necessary to establish the amount of such reimbursement. Director of Public Works shall reasonably determine the amount of reimbursement pursuant to this subsection and City shall pay to OWNER the reimbursement required by this subsection within thirty (30) days following OWNER'S submission of OWNER'S application or notify the OWNER of any objections to the information provided or amount of reimbursement requested. There shall be no credit to OWNER for the Traffic Signal component of DIF. 4.2.3 Street Improvement and Traffic Signal Fair Share Costs. Pursuant to the Traffic Impact Analysis conducted by the CITY's traffic engineer, five (5) road segments and intersections have been identified to warrant fair share payments to the CITY by OWNER. A third -party cost to complete estimate has been prepared which estimates one hundred percent (100%) of the offsite intersection and road segment cost at $731,450 for which OWNER's Fair Share Payment is $90,016. Three of the five road segments and intersections are located near the Project and pursuant to the Development Plan, OWNER will construct one hundred percent (100%) of, (i) Convert Ridge Park Drive to Right-In/Right-Out, (ii) construct two new stop signs at the intersection of Pujol and First Street, and (iii) construct a signalized intersection at Pujol and First Street. The total estimated cost to construct these three improvements is $291,450 which is greater than OWNER's Fair Share Payment. Therefore, OWNER's net fair share payment obligation results is a credit for the Street System Component of DIF of $201,434. 4.2.4 Park and Recreation DIF Component. In consideration of the parks and recreational facilities to be constructed by OWNER pursuant to the Development Plan Approval(s) and Section 4.4.4.(i) and (iii) of this Agreement, OWNER is hereby granted a credit for one hundred percent (100%) of the of the Park and Recreation Component of the DIF. 4.2.5 Open Space and Trails DIF Component. In consideration of the OWNER's obligation pursuant to the Development Plan Approval(s) and Section 4.4.4.(ii) of this Agreement to dedicate and construct trails and open space, OWNER is hereby granted a credit for one hundred percent (100%) of the Open Space and Trails Component. 4.2.6 CFD Financing of DIF -Eligible Facilities. In the event the proceeds of the CFD financing described in Section 4.5.2. are used to pay 100% of the costs of constructing of a DIF eligible On -Site or Off -Site Public Improvement, the OWNER shall not receive DIF credit or reimbursement for such CFD -funded public improvements. However, the proceeds of a CFD -23- financing may be used to pay such costs in excess of the amount of DIF or TUMF credit or reimbursement to be received by Owner for the On -Site or Off-site Public Improvements. 4.3 Future Development Approvals Review. Future Development Approvals will be reviewed in a manner consistent with the general review procedures of the CITY accorded the particular type of Future Development Approval being sought and necessary conditions imposed in a manner consistent with this Agreement. Notwithstanding anything to the contrary, the health, safety and general welfare based mitigation measures arising from the Future Development Approvals shall not be limited by this Agreement. 4.4 Related Real Property Conveyances; Conditions to Development Agreement. 4.4.1 Intent of the Parties. The CITY and OWNER agree that the timely completion and performance of the real estate transactions and the related agreements described hereafter are a material component of the consideration each party has relied upon in its respective decision to enter into this Agreement. OWNER and the CITY, individually and collectively, represent that neither party would have entered into this Agreement but for the promises of the other to transfer the interests in real property described hereunder to the other party and to enter into the related agreements. Further, OWNER and the CITY, individually and collectively, agree that the failure of any one of the conveyances or related agreements to be completed or performed in a timely manner will be an event of default under Section 10. of this Agreement. 4.4.2 Liens, Encumbrances and Environmental Conditions. All real property dedicated to the CITY pursuant to this Agreement shall be free and clear of any and all matters of record (excepting all non -delinquent taxes and assessments), including but not limited to, deeds of trust, liens, or other encumbrances of record unless such items of record are approved in writing by the CITY. Further the real property shall be warranted to be free of any known environmental conditions that would prevent, restrict or cause the CITY to fund hazardous material/contamination/toxic remediation activities so as to allow the real property to be used as intended by the CITY. OWNER warrants and represents to the CITY that as of the Effective Date of this Agreement, OWNER has conducted preliminary studies of the properties it will convey to the CITY and has found no environmental conditions that would prevent, restrict or cause the CITY to fund hazardous material/contamination/toxic remediation activities so as to allow the real property to be used as intended by the CITY. OWNER shall provide the CITY copies of all reports, investigations and analysis that discuss the environmental condition of the real property. 4.4.3 Disposition of the Nature Center Phase. (i) Configuration and Use of the Nature Center Phase. (a) The Nature Center Phase ultimately shall consist of four separate legal parcels comprised of the following: (i) approximately one (1) acre of roadways serving the Nature Center Phase (the "Nature Center Road Parcel"); (ii) approximately sixteen (16) acres for a nature center (the "Nature Center Parcel"); (iii) approximately three (3) acres of open space (the "Nature Center Open Space Parcel"); and (iv) approximately thirty-five (35) acres of ungraded open space upon which a conservation easement in favor of the RCA or an entity that has a Management MOU with the RCA (the "Conservation Easement") shall be recorded and -24- maintained (the "Nature Center Conservation Easement Parcel"). The four parcels are described and depicted on Attachment 4. (b) If no legal action (based on CEQA or otherwise) is filed against all or any portion of the Project within the applicable statutes of limitation, the CITY hereby waives any and all rights to seek a specific plan amendment to change the use of all or any portion of the Nature Center Phase. (c) If a legal action or actions (based on CEQA or otherwise) is filed against all or any portion of the Project within the applicable statutes of limitation, then such Nature Center Parcel may be combined with the Nature Center Open Space Parcel and the combined parcel may be utilized for any other civic use as may be determined by the CITY in its sole and absolute discretion following the approval of a specific plan amendment for such purpose. Such approval of a Specific Plan Amendment must occur within six months of a lawsuit being filed, at which time RCA's consistency determination is automatically revoked for the entire project. (ii) CITY's Acquisition of the Nature Center Phase. CITY shall acquire the Nature Center Phase upon the date that is sixty (60) days following the completion of all of the following: (a) CITY's Approval of the Development Plan Approvals. The CITY's approval of the Development Plan Approvals and either (a) the expiration of any and all applicable statutes of limitation or other similar time periods with no legal action or challenge of any kind being filed against the Property, the Project or the CITY or OWNER and related in any way to the Property or the Project, or (b) the resolution of any such legal action or challenge filed against the Property, the Project or the CITY or OWNER and related in any way to the Property or the Project, in a manner mutually acceptable to CITY and OWNER. (b) CITY's Formation and Funding of the CFD(s). The CITY's formation and funding of the CFD(s) consistent with the terms and provisions of Sections 4.5.2. and 4.5.3. of this Agreement, and either (i) the expiration of any and all applicable statutes of limitation or other similar time periods with no legal action or challenge of any kind being filed against the CFD(s), the Property, the Project, the CITY or the OWNER in any way related to the CFD(s), the Property or the Project, or (ii) the resolution of any such legal action or challenge filed against the CFD(s), the Property, the Project, the CITY or the OWNER in any way related to the CFD(s), the Property or the Project, in a manner mutually acceptable to CITY and OWNER consistent with the terms of this Agreement. (c) Creation of the Four (4) Separate Legal Parcels Comprising the Nature Center Phase and Recordation of the Conservation Easement. CITY's approval of a parcel map, lot split or other legal and appropriate action to create the four (4) separate legal parcels comprising the Nature Center Phase and recordation of the Nature Center Conservation Easement, all as described in Section 4.4.3.(i) above. The four parcels are described and depicted on Attachment 4. -25- (d) Completion of Superpad Improvements on the Improved Portion of the Nature Center Phase. The completion by OWNER of the Superpad Improvements as defined in Section 4.5.3. below on the Improved Portion of the Nature Center Phase. (iii) Obligations of the Parties Following the CITY's Acquisition of the Nature Center Phase. Following CITY's acquisition of the Nature Center Phase, CITY shall be responsible for and shall expressly assume (in the documentation memorializing the closing of the acquisition of the Nature Center Phase), any and all remaining conditions of approval in any way related to the Development of the Nature Center Phase. 4.4.4 Parks, Trails and Recreational Facilities. OWNER is required pursuant to the Development Plan Approval(s) to dedicate certain acreage of the Project to the City for use as public parks, trails, open space and recreational facilities. Additionally OWNER has agreed to dedicate additional land and as described below, to construct, at its sole expense, the improvements for certain public parks and facilities, and to devote certain acreage of the Project for use as recreational facilities for the residents of the Project. OWNER's dedication and/or construction of such public parks and facilities and private recreational facilities shall be as set forth below. All real property shall be conveyed as provided for in Section 4.4.5. OWNER shall demonstrate the condition of title pursuant to CLTA title insurance policies, without exemptions, in amount equal to the fair market value of the land. (i) 5 -Acre Park and Grand Staircase. OWNER agrees to convey fee title to the CITY and improve per the conditions in the Development Plan the five (5) acre park available for use by the public centrally located and connected to Old Town via a monumental "grand staircase". Not less than thirty (30) days prior to the formal submittal of the design to the CITY, OWNER and the Director of Community Development shall have the a pre -meeting to discuss the design of the five -acre park and Grand Staircase. The design of the five -acre park and Grand Staircase shall be approved by the Director of Community Development. The five -acre park and Grand Staircase shall be completed to the satisfaction of the Director of Public Works. It shall be accepted for maintenance by the CITY promptly following the one (1) year maintenance and establishment period as determined by the Director of Public Works; provided, however, the five -acre park and the Grand Staircase shall not be open to the public until after CITY acceptance thereof for maintenance. (ii) Pedestrian and Bicycle Trail System. OWNER agrees to improve per the conditions in the Development Plan a pedestrian and cycling network available to the public to be interwoven through all villages and active open space throughout the Project and which shall connect to adjacent communities and regional trails systems. The design of these improvements shall be approved by the Director of Community Development. Following the completion of the improvement to the satisfaction of the Director of Public Works, those portions of the pedestrian and bicycle trails system located on OWNER's property shall be conveyed to, and maintained by, the Project master homeowner's association ("Master HOA"), and following completion of the improvement to the satisfaction of the Director of Public Works and expiration of the one (1) year maintenance period, those portions located in the CITY right-of-way shall be conveyed to, and maintained, by the CITY; provided, however, these trail improvements shall not be open to the public until after CITY acceptance thereof for maintenance. Owner shall indemnify the CITY for any claims or lawsuits relating to the use of the trails maintained by the Master HOA pursuant to -26- Section 6., Indemnification, of this Agreement provided that, subject to the approval of the City Manager, OWNER may satisfy this obligation by assigning the indemnification obligation to the Master HOA and requiring the Master HOA to procure and maintain liability insurance in an amount and with terms reasonably acceptable to the City Manager of the CITY. The indemnification obligation of this Section shall survive termination of this Agreement unless assigned to the Master HOA. (iii) Recreation Center and Clubhouse. OWNER agrees to improve per the conditions in the Development Plan Approval(s) a recreation center with an outdoor pool and spa, and fitness and exercise rooms, and a two-tiered clubhouse with a multipurpose room, kitchen and restrooms, to be available to residents of the Project to be located at the highest elevation of the 5 -acre park described in Section 4.4.4.(i). The recreation center and clubhouse will be conveyed to, and maintained by, the Master HOA. (iv) Quimby Credits. In consideration of OWNER's obligations to improve and convey to the CITY the parkland and trails referenced above in subsections (i) and (ii), the CITY hereby agrees to credit OWNER's obligations under the CITY's subdivision/Quimby parkland acreage requirements as satisfied in full and CITY shall not exact any further contribution from OWNER. In the event that the OWNER fails to convey all or portions of the parkland and trails referenced in this subsection, OWNER shall pay to the CITY the Quimby Fee required for the Project in the amount of Six Million Six Hundred Thousand Dollars ($6,600,000.00) or a portion thereof based such parkland and trails as actually conveyed to the City. Receipt of such payment shall not constitute a waiver of any of CITY's rights to enforce the terms of this Agreement or the Development Plan Approval(s). OWNER shall not be eligible for any Quimby Fee Credits for any On -Site and Off -Site Public Improvements that OWNER has constructed using the proceeds from CFD financing. (v) Schedule of Completion of Park and Recreation Improvements. The park and recreation improvements, and components thereof, described in this Section 4.4.4. shall be completed to the satisfaction of the Director of Community Development in accordance with the schedule set forth in Attachment 3, Description and Timing of On -Site Improvements. (vi) Prior to issuance of grading permit, the RCA shall review and approve for conformance with the Urban Wildlands Interface Guidelines the design of the applicant's Urban Wildlands Interface measures (fencing, lighting, access control, plant palette, drainage, etc.) for development adjacent to all conservation areas (Western Bypass, Villages A and G, and Nature Center). The Nature Center trails shall be reviewed and approved by the RCA and Wildlife Agencies for compliance with Urban Wildlands Interface Guidelines and MSHCP Section 7.4.2., Conditionally Compatible Uses. 4.4.5 Open Space Acquisifion and Conservation. OWNER agrees to contribute to and construct several conservation features as part of the Project that will further aid in the conservation of sensitive habitats and the enhancement of wildlife movement and genetic diversity of mountain lions in the region. These conservation features are: (i) Onsite Conservation. OWNER shall convey to the RCA for permanent conservation Lot 8 of Tentative Tract Map 36959-1, Lot 25 of Tentative Tract Map -27- 36959-2, Lot 20 of Tentative Tract Map 36959-3, and Lots 8 and 9 of Tentative Tract Map 36959, consisting of approximately 84.60 acres. Lot 10 of Tentative Tract Map 36959 may also be conveyed to the RCA subject to the provisions in Section 4.4.3. herein, which would then result in approximately 87.20 acres. (ii) Slope Restoration. OWNER shall restore with native upland vegetation approximately twenty (20) acres of slopes along the Western Bypass as described on Attachment 8 which are not needed for fuel modification in areas that abut the existing MSHCP conservation areas, as well as those contemplated by the Development Plan Approval(s). Such restoration shall occur concurrently with the phased construction of the Western Bypass and shall be temporarily irrigated and maintained by OWNER until such time as they are offered for dedication to the HOA. OWNER shall convey at no charge such slopes to the HOA for conservation purposes on or before the earlier to occur of the date six (6) months after the maintenance bond for the restoration described in this subsection is released by the CITY, and the date of acceptance of the land dedication by the HOA. OWNER shall not be entitled to any fee credits in connection with such slope restoration. (iii) Conservation of 8.97 Acres. OWNER acquired, at its expense, 8.97 acres located on the hillside escarpment adjacent to the Project for conservation as described on Attachment 9 pursuant to an existing Purchase and Sale Agreement ("Hillside Escarpment PSA") and will convey this property to the RCA for Two Hundred Thirty -Five Thousand Dollars ($235,000.00) for conservation purposes prior to the issuance of the first grading permit for the Project. (iv) Conservation of 65.06 Acres. On or before the issuance of the first grading permit for the Project, OWNER shall complete the purchase, at its expense, of 65.06 acres located south of the Project as described on Attachment 10 pursuant to an existing Purchase and Sale Agreement and convey this property to the Regional Conservation Authority ("RCA") at no cost. OWNER shall prepare and submit to the RCA an equivalency analysis of this land prior to the City Council's adoption of the ordinances and resolutions approving the General Plan Amendment and Specific Plan for the Project and this Agreement. (v) Additional Funding for Wildlife Conservation Efforts. OWNER shall pay to the CITY the following: (i) on or before the issuance of the first (1st) building permit for the Project, the sum of Five Hundred Thousand Dollars ($500,000.00) (the "Initial Wildlife Conservation Fee") less the cost of the land purchase and associated closing costs described in 4.4.5.(iv) above; and (ii) as provided in Section 11.9 of the Specific Plan and Section 4.5.2. of this Agreement, an annual payment of $43 per Occupied Residential Property, in perpetuity, with an increase in such payment each fiscal year in an amount of two percent (2%) of the prior year's fee (the "Annual Wildlife Conservation Fee"). (a) The proceeds of the Wildlife Conservation Fee shall be used for the following purposes ("Wildlife Conservation Costs"): (1) The initial six million dollars ($6,000,000.00) of the Initial Wildlife Conservation Fee and the Annual Wildlife Conservation Fee shall be held in an account by the City for the purposes of acquiring one hundred (100) acres of conservation lands -28- within the Special Linkage Area south of the Property and/or in Riverside County and within ten (10) miles of the Property. RCA shall acquire such land and CITY shall reimburse RCA for the cost of its land purchase and associated closing costs, with interest, from the initial $6,000,000.00. The land acquisitions shall be in accordance with the equivalency standards for the acquisition of land submitted to the RCA and CITY prior to the City Council's approval of the Project. Once this objective has been satisfied, then the CITY shall use such funding thereafter for one or more of the conservation activities described below in subsections (2), (3) or (4). The interest rate for the reimbursement shall be compound interest at the rate equal to the average interest rate paid on deposits in the State Local Agency Investment Fund, Government Code Sections 16429.1 to 16429.4, during the year prior to July 1 of each year. Pursuant to Section 4.5.2. below and Section 11.9 of the Specific Plan, OWNER, its successors to the property within the Project, including End Users, shall fulfill this obligation of the Specific Plan with the proceeds of Special Tax C of the CFD(s), provided, however, that the obligation under this Section and Section 11.9 of the Specific Plan remains regardless of the financing mechanism used to pay it or whether there is a financing mechanism to pay it. (2) An engineering feasibility study to be prepared by the CITY in conjunction with the RCA along Interstate 15 between the Property and the San Diego County Line whose purpose is to evaluate locations and initiate engineering for a wildlife overcrossing or undercrossing across the Interstate 15 freeway in order to allow wildlife (including mountain lion) to safely travel between the Santa Margarita Ecological Reserve and the Palomar Mountain regions; and/or (3) Reimbursement to the RCA of its costs, with interest, for the acquisition of lands south of the Project for conservation (the interest rate for the reimbursement shall be compound annual interest at the rate equal to the average interest rate paid on deposits in the State Local Agency Investment Fund, Government Code Sections 16429.1 to 16429.4, during the year prior to July 1 of each year); and/or (4) Other wildlife conservation efforts, (i) within Riverside County; and (ii) within ten (10) miles of the Project Site undertaken by the CITY or RCA. (b) Pursuant to Section 11.9 of the Specific Plan, OWNER, its successors to the property within the Project, including End Users, shall be obligated to pay the Annual Wildlife Conservation Fee. Pursuant to Section 4.5.2. below the OWNER, its successors to the property within the Project, including End Users, may fulfill this obligation for paying the Annual Wildlife Conservation Fee with the proceeds of Special Tax C of the CFD(s). (c) OWNER shall not be entitled to any fee credits in connection with such conservation funding. (vi) Agency Permits and Assumption of Western Bypass Bridge Obligations. OWNER and CITY understand and agree that: (a) CITY had previously obtained all of the agency permits necessary for construction of the Western Bypass Bridge; (b) some of these agency permits for the Western Bypass Bridge have expired; and (c) the Western Bypass Bridge shall be constructed in connection with the Development Plan. The CITY shall remain the -29- applicant for such agency permits, but OWNER shall have the obligation to update the bridge plans to meet current conditions and renew or reobtain the permits for construction of the Westem Bypass Bridge. CITY shall use its best efforts to cooperate with OWNER in updating the bridge plans and renewing or reobtaining the permits for the construction of the Western Bypass Bridge. Once OWNER (with CITY's cooperation) has renewed or reobtained the permits for the Western Bypass Bridge, OWNER shall continue to have full responsibility for the plans, keeping the environmental permits current and construction of the Western Bypass Bridge. In connection with the assumption of such obligations, OWNER shall be responsible to accomplish the enhancement of approximately one and one tenth (1.1) acres of land owned by the City in Murrieta Creek or on other real property owned by the CITY. In the event such mitigation obligation consists of enhancing the CITY's property in Murrieta Creek, the CITY shall not be entitled to any compensation for the enhancement of such property, but all costs and expenses of such enhancement shall be borne solely by OWNER. If upon completing subsurface testing (paid for by OWNER), it is determined that restoration mitigation in Murrieta Creek is not feasible due to the presence of rock, then CITY shall provide the necessary land elsewhere, at CITY'S cost, for OWNER to complete the restoration at OWNER's cost as described above. Further, if CITY is not able to provide additional land, CITY and OWNER may consider the purchase of mitigation credits and negotiate in good faith each Party's share of such cost. (vii) MSHCP Fee Credits for Onsite Conservation. OWNER and CITY understand and agree that: (i) OWNER will be preserving onsite approximately 84.63 acres of open space; (ii) as a result of such onsite preservation OWNER may qualify for fee credit consistent with RCA Resolution 2016-003; and (iii) CITY shall cooperate with OWNER to receive such credit as and when due and owing. 4.4.6 Smart Shuttle/Bike Share Prosram. In consideration of the CITY'S performance of the terms of this Agreement, OWNER agrees to participate with the Riverside Transportation Authority (RTA) and CITY to further a "Smart Shuttle" or "bike share" program. OWNER's participation shall consist of providing funding in the amount of one hundred and fifty thousand dollars (5150,000,00) to further the Smart Shuttle or bike share program as defined in an agreement between the CITY and RTA. Payment shall be made the earlier of, (i) on or before the issuance of the first (1st) building permit for the South Phase, or (ii) issuance of the 950th building permit for the Project. If, following the issuance of such permit, the "Smart Shuttle" or "bike share" program is successful and well-received by the public and CITY desires to continue such program, OWNER and/or the HOA shall cooperate in good faith with CITY to identify potential future funding sources for such program including, without limitation, governmental grants from the State of California, WRCOG and/or the RTC, as well as potential funding from the HOA. 4.5 CITY ObliEations. 4.5.1 OWNER's Option to Purchase CITY Land for Habitat Restoration and Pond Turtle Habitat. (i) Habitat Restoration Property. (a) The CITY owns approximately thirty-two (32) acres of land south of Temecula Parkway, west of the I-15 freeway and adjacent east and north of Murrieta -30- Creek (the "CITY Property") that will be used, in part, as right of way and habitat buffers for the reconstruction of the I-15/Temecula Parkway Interchange ("Interchange"). The amount of acreage and the configuration of the right of way and habitat buffers needed for the Interchange has not been fully established by the CITY and the resources agency. Primarily due to development of the Western Bypass Road, the Development Plan impacts 1.24 acres of riparian/riverine habitat which needs to be created elsewhere for the Project's Determination of Biological Equivalent Superior Preservation. The resource agencies (U.S. Army Corps of Engineers, California Department of Fish & Wildlife and Regional Water Quality Control Board) prefer mitigation to occur within the same watershed and as close to the impact site as possible. In addition, the California Department of Fish & Wildlife would like this area within Murrieta Creek conserved and enhanced to better accommodate the diminishing pond turtle habitat. (b) The OWNER and CITY shall negotiate in good faith the actual acreage up to 1.24 acres and the location of the property to be conveyed by way of conservation easement from CITY to OWNER for habitat restoration, provided, however, that the City Manager of CITY shall, in his discretion, determine whether such property should be conveyed by way of conservation easement to OWNER, and, if so, the City Manager shall, in his discretion., approve, in writing, the actual acreage, configuration, and location of such property to be conveyed by way of conservation easement ("Habitat Restoration Property"). OWNER acknowledges and agrees that the CITY may not be able to convey by way of conservation easement, or other conveyance, the Habitat Restoration Property to OWNER for habitat restoration in this area given the constraints of the Interchange improvements and, in such case, OWNER shall acquire the required property for habitat conservation elsewhere. (c) Therefore, the CITY hereby grants to OWNER an option to acquire by way of conservation easement the agreed-upon Habitat Restoration Property for the purpose of habitat restoration upon the terms and conditions set forth in this Section (the "Habitat Restoration Property Option"): (ii) Term of the Habitat Restoration Property Option. The term of the Habitat Restoration Property Option (the "Habitat Restoration Property Option Term") shall commence on the Effective Date and shall expire on the one (1) year anniversary of the Effective Date (unless sooner terminated pursuant to the provisions set forth below). (iii) Consideration of the Habitat Restoration Property Option. The Habitat Restoration Property Option is granted in consideration of the obligations and agreements undertaken by OWNER. (iv) Exercise of the Habitat Restoration Property Option. The Habitat Restoration Property Option may be exercised by OWNER in the event OWNER, during the Habitat Restoration Property Option Term, delivers to CITY and an institutional Escrow Holder selected by OWNER (the "Escrow Holder") written notice of OWNER's election to purchase the Habitat Restoration Property on the terms and conditions set forth herein (the "Habitat Restoration Property Option Notice") (in the event OWNER does not give timely CITY the Habitat Restoration Property Option Notice, the Habitat Restoration Property Option shall immediately terminate without further action by CITY). The Habitat Restoration Property Option Notice delivered to Escrow Holder also shall include a non-refundable deposit against the Habitat Restoration Property -31- Purchase Price (defined below) in the amount of One Hundred Dollars ($100.00), which shall be applicable to the Habitat Restoration Property Purchase Price. (v) Purchase and Sale. Provided the Habitat Restoration Property Option has been timely exercised as described above, CITY agrees to transfer the Habitat Restoration Property to OWNER, and OWNER shall pay to the CITY a purchase price for such transfer in the amount of its then fair market value as determined by an appraiser mutually acceptable to CITY and OWNER (the "Habitat Restoration Purchase Price"), payable in full upon close of escrow within sixty (60) days' of the Habitat Restoration Property Option Notice. The Conservation Easement Deed for the Habitat Restoration Property shall restrict the use of the Habitat Restoration Property to habitat restoration in accordance with the Project EIR. (vi) Memorandum of Habitat Restoration Property Option. A Memorandum of the Habitat Restoration Property Option shall be recorded against the CITY Property in a form mutually acceptable to CITY and OWNER. 4.5.2 Community Facilities District. (i) OWNER shall request in writing that the CITY establish one or more community facilities districts (each a "CFD") pursuant to the Mello Roos Act to finance infrastructure, public facilities and public services that may be required in connection with the Development Plan and the Development of the Property and shall vote in favor of each such community facilities districts. It is anticipated that three (3) annual special taxes will be authorized to be levied within each CFD, which shall be referred to herein as "Special Tax A," "Special Tax B," and "Special Tax C." (ii) Special Tax A will be authorized to be levied on all non - governmentally owned assessor's parcels within each CFD to fund, in order of priority: (a) administrative expenses of the CFD; (b) scheduled debt service on bonds for the CFD that are issued to fund eligible public facilities (including, as may be permitted by the City, public facilities in lieu of Contributions); (c) replenishment of a reserve fund for the bonds; and (d) on a pay as you go basis, eligible public facilities (including, as may be permitted by the City, public facilities in lieu of Contributions) including acquisition of the Nature Center Phase as described in Section 4.5.3. (iii) Special Tax B will be authorized to be levied on assessor's parcels in the CFD for which a building permit for residential construction and a certificate of occupancy or final inspection has been issued ("Occupied Residential Property") in an initial amount of Two Hundred Thirty Seven Dollars ($237.00) per dwelling unit per year, subject to the annual increases described below, to fund, in order of priority: (a) administrative expenses of the CFD; (b) replenishment of any applicable reserve fund; and (c) eligible CITY services in an amount equal to the Services Deficit pursuant to Section 11.8 of the Specific Plan and Section 4.7. below. The Maximum Special Tax B shall be increased each fiscal year, beginning with the fiscal year following the formation of the CFD, by a percentage equal to five and six tenths percent (5.6%) of the prior year's levy of the Maximum Special Tax. -32- (iv) Special Tax C will be authorized to be levied on Occupied Residential Property in the CFD in an initial amount of Forty Three Dollars ($43.00) per dwelling unit per year to fund, subject to the annual increases described below, in order of priority: (a) administrative expenses of the CFD; (b) replenishment of any applicable reserve fund; and (c) Annual Wildlife Conservation Fee for Wildlife Conservation Costs pursuant to Section 4.4.5.(iv). The Maximum Special Tax C shall be increased each fiscal year, beginning with the fiscal year following the formation of the CFD, by a percentage equal to two percent (2%) of the prior year's Maximum Special Tax C. (v) CITY agrees that the maximum effective tax rate for assessor's parcels within each CFD, including without limitation, Special Tax A, Special Tax B and Special Tax C, may not exceed two and one tenth percent (2.1%) of the reasonably expected value of the parcel with planned vertical improvements determined at the time of approval of the CFD and the Rate and Method of Apportionment. (vi) CITY agrees to use reasonable efforts to develop and implement the CFD(s) subject to public hearing and election requirements of applicable State and, if tax-exempt bonds are to be issued, Federal law, the Existing Regulations and the customary and reasonable industry standards for the development of such financings for CFD(s). OWNER and CITY acknowledge and agree that the establishment of a CFD for facilities and services and the issuance of bonds supported by the special taxes are dependent on many factors that are not known at this time. The viability of the financing, the amount of special taxes for debt service, and available bond proceeds will be dependent on several factors existing at the time the bonds are sold, including, but not limited to, the financial markets, interest on tax exempt financings, housing market, value of homes in the area, absorption rates for home sales in the area, bond underwriting criteria and ratings by bond -rating agencies. (vii) CITY agrees that upon receipt of OWNER'S written request and application and the deposit with CITY of sufficient funds to pay the CITY's costs to undertake the proceedings to establish any particular CFD, CITY shall conduct proceedings to establish the respective CFD(s) and OWNER shall cooperate in the conduct of such proceedings. OWNER acknowledges that this Agreement cannot obligate the City Council to establish the CFD(s) at the conclusion of those proceedings. 4.5.3 Acquisition of Nature Center Phase. (i) The CITY shall acquire the Nature Center Phase with proceeds of the CFD(s) as described in Section 4.5.2. (ii) Approximately eighteen (18) acres of the Nature Center Phase comprised of the Nature Center Road Parcel and the Nature Center Parcel (the "Improved Portion") shall be improved as roadways with respect to the Nature Center Road Parcel, and to a "Superpad Condition" with respect to the Nature Center Parcel, by the OWNER. "Superpad Condition" shall mean for the purposes of this Agreement: (a) consisting of grading and setting survey markers at the elevations shown on the CITY approved conceptual grading plan; (b) paved primary access to parking lot and secondary access off of Camino Estribo to the Nature Center Parcel; (c) irrigated slopes with landscaped of native vegetation; (d) constructed trails with decomposed granite and -33- look -out posts; (e) all wet and dry utilities to the site; (f) construct all interim and permanent storm drains including drainage for the trails; (g) all required work under the Storm Water Pollution Prevention Plan required by Chapter 18.18 of the Temecula Municipal Code; and (h) Water Quality Management Plan and installation of devices, basins and other facilities and work required by the Water Quality Management Plan. "Superpad Improvements" shall mean all of the construction and grading work required to be performed by the OWNER and described in (a) (h) in the preceding sentence. All plans referenced in the definition of Superpad Condition shall be approved by the CITY or its designated official. The remaining approximately thirty-seven (37) acres of the Nature Center Phase (comprised of the Nature Center Open Space Parcel and the Nature Center Conservation Easement Parcel) (the "Unimproved Portion") shall be acquired by the CITY in its "as is" condition and the Nature Center Conservation Parcel shall be subject to the Conservation Easement. (iii) Both the Improved Portion and the Unimproved Portion shall be acquired by the CITY as set forth in Section 4.4.3. and this Section for an acquisition price equal to the appraised value of the Nature Center Phase (by an MAI appraiser agreed to by the parties) with the Superpad Improvements based on the uses allowed on the Nature Center Phase by the Specific Plan at the time of the appraisal provided the appraisal is completed within six months prior to the date of conveyance (the "Acquisition Price"). (iv) The time for conveyance of the Nature Center Phase is described in Section 4.4.3. (v) The Acquisition Price for the Nature Center Phase shall be paid solely from the proceeds of Special Tax A and bonds issued by the CFD(s) that are secured by Special Tax A and no other CITY funds shall be used for such payments. 4.6 Public Art. OWNER shall comply with the requirements of public art requirements of Chapter 5.08 of the Temecula Municipal Code. 4.7 City Services Deficit Payment. (i) As described in Section 11.8 of the Specific Plan, the CITY estimates that the costs to the CITY of providing public safety and other municipal services to the Project will exceed the municipal revenue from the Project by a substantial amount ("Services Deficit") and the owners of the property within the Specific Plan Area are required to pay the Services Deficit in apportioned annual amounts. (ii) The OWNER, its successors to the properties within the Project, including End Users, shall pay to the CITY the sum of two hundred thirty-seven dollars ($237.00) per occupied residential dwelling unit within the Project each year with an increase in such payment each fiscal year in an amount of five and six -tenths percent (5.6%) of the previous year's payment. (iii) Pursuant to Section 4.5.2 above and Section 11.8 of the Specific Plan, OWNER, its successors to the property within the Project, including End Users, shall fulfill this obligation of the Specific Plan with the proceeds of Special Tax B of the CFD(s), provided, however, that the obligation under this Section and Section 11.8 of the Specific Plan remains -34- regardless of the financing mechanism used to pay it or whether there is a financing mechanism to pay it. 5. Further Assurances to OWNER Regarding Exercise of Reserved Authority. 5.1 Adoption of General Plan and Granting of Other Project Approvals. In preparing and adopting any general plan amendment, zoning district change and in granting the other Project Approvals, the CITY reserves its right to and shall consider the health, safety and welfare of the residents of the CITY. 5.2 Assurances to OWNER. The parties further acknowledge that the public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Development Plan Approval(s) and this Agreement. Accordingly, while recognizing that the Development of the Property may be affected by exercise of the authority and rights reserved and excepted as provided in Sections 3.2. and 3.3. ("Reserved Authority") of this Agreement, OWNER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of land use regulations, which might permit the CITY in violation of the Reserved Authority, to attempt to apply regulations which are inconsistent with the Project Approvals pursuant to the exercise of the Reserved Authority. Accordingly, OWNER desires assurances that the CITY shall not and the CITY agrees that it shall not further restrict or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority. 5.3 Judicial Review. Based on the foregoing, in the event OWNER judicially (including by way of a reference proceeding) challenges the application of a future land use regulation as being in violation of this Agreement and as not being a land use regulation adopted pursuant to the Reserved Authority, OWNER shall bear the burden of proof in establishing that such rule, regulation or policy is inconsistent with the Existing Regulations and the Development Plan Approval(s) and the CITY shall thereafter bear the burden of proof in establishing that such regulation was adopted pursuant to and in accordance with the Reserved Authority and was not applied by the CITY in violation of this Agreement. 6. Indemnification. 6.1 OWNER Indemnification. Except to the extent of the active negligence or willful misconduct of the Indemnified Parties (as defined below), OWNER agrees to indemnify and hold harmless the CITY, the Temecula Community Facilities District, the Temecula Housing Authority, the Temecula Public Financing Authority, any community facilities districts organized by such entities, and their agents, officers, contractors, attorneys, and employees ("Indemnified Parties") from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Agreement or any Development Plan Approval(s) or Subsequent Development Plan Approval(s) or actions taken thereto pursuant to this Agreement. Notwithstanding the provisions of this Agreement, OWNER's obligation pursuant to this Section is not a benefit or burden running with the land and shall not be assigned to any person without the prior, express written consent of the City. OWNER shall deposit the sum of Thirty Thousand Dollars ($30,000.00) toward the expected costs of defense, as reasonably determined by the City -35- Attorney, with the CITY within five (5) business days of notice from the CITY of the claim and shall add to the deposit within five (5) business days from the, written request of CITY. Without in any way limiting the provisions of this Section, the parties hereto agree that this Section shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. 6.2 OWNER Indemnification for Legal Challenge. Notwithstanding Section 6.1. above, and as a separate and distinct obligation of OWNER, OWNER agrees to indemnify and hold harmless the Indemnified Parties from and against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages caused to third parties and alleging that the Indemnified Parties is or are liable therefor as a direct or indirect result of the CITY's approval of this Agreement or any Development Plan Approval(s) or Subsequent Development Plan Approval(s) pursuant to this Agreement. OWNER'S duties under this Section are solely subject to and conditioned upon the Indemnified Parties written request to OWNER to indemnify the Indemnified Parties. OWNER shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with the City within five (5) business days of notice from the CITY of the claim and shall add to the deposit within five (5) business days from the request of the CITY. Without in any way limiting the provisions of this Section, the parties hereto agree that this Section shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. 6.3 Indemnification of RCA. The MSHCP is overseen by the Western Riverside County Regional Conservation Authority, a Joint Powers Agency formed under Government Code section 6500 et seq. ("RCA"). The RCA has not, to date, granted any approval of the Project. The CITY and OWNER have consulted with the RCA regarding the Project's consistency with the MSHCP. While that consultation would not constitute an approval of the Project and thus should not subject RCA to any legal action, the OWNER or any successor -in -interest shall defend, indemnify, and hold harmless the RCA or its Board, agents, officers, officials, and employees from any petition for writ of mandate, or other claim, action or proceeding to attack, set aside, void, or annul any approval of the Project or related to the approval of the Project, that names the RCA, including, but not limited to, any associated costs, damages, attorney fees awards and administrative and legal expenses incurred by the RCA related to such actions, including but not limited to costs associated with California Public Records Act requests submitted to the RCA related to the Project and for the purposes of the action. The RCA shall promptly notify the OWNER and CITY of any such claim, action, or proceeding and shall reasonably cooperate in the defense. If the RCA fails to promptly notify the OWNER and CITY of any such claim, action, or proceeding or fails to reasonably cooperate in the defense, the OWNER shall not, thereafter, be responsible to defend, indemnify or hold harmless the RCA. The obligations imposed by this condition include, but are not limited to, the following: the OWNER shall pay all reasonable legal services expenses the RCA incurs in connection with any such claim, action or proceeding, whether it incurs such expenses directly, whether it is ordered by a court to pay such expenses, or whether it incurs such expenses by providing legal services through RCA legal counsel. The OWNER and City agree that all litigation pleadings in the action filed jointly with or on behalf of the RCA will be subject to review, revision, and approval by RCA legal counsel. 6.4 Indemnification Procedures. Each Indemnifying Party shall retain settlement authority with respect to any matter concerning that Indemnifying Party provided that prior to -36- settling any such lawsuit or claim with respect to that Indemnifying Party, the Indemnifying Party shall provide the CITY and the other Indemnifying Parties with a minimum ten (10) business days written notice of its intent to settle such lawsuit or claim. If the CITY or the other Indemnifying Parties, in their discretion, do not desire to settle such lawsuit or claim, it may notify the applicable Indemnifying Party of the same, in which event the applicable Indemnifying Party may still elect to settle the lawsuit or claim as to itself, but the non -settling parties may elect to continue such lawsuit, at their cost and expense, so long as: (i) with respect to the CITY, the CITY'S decision is predicated upon a legitimate and articulated threat to either the exercise of its police powers or a risk of harm to those present within the CITY; or (ii) with respect to the other Indemnifying Parties, the decision is predicated upon a legitimate and articulated threat to the Development of that Indemnifying Party's property. 7. Relationship of Parties. The contractual relationship between the CITY and OWNER is such that OWNER is an independent contractor and not the agent or employee of the CITY. The CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Project shall be construed as making the CITY and OWNER joint ventures or partners. 8. Amendment or Cancellation of A2.reement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868. No amendment or modification of this Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. This provision shall not limit the CITY's or OWNER's remedies as provided by Section 10. 9. Periodic Review of Compliance with Agreement. 9.1 Periodic Review. The CITY and OWNER shall review this Agreement at least once every 12 -month period from the Effective Date. The CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto. Such periodic review shall be conducted in accordance with Government Code Section 65865.1. 9.2 Good Faith Compliance. During each periodic review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. OWNER agrees to furnish such reasonable evidence of good faith compliance as the CITY, in the exercise of its reasonable discretion, may require. If requested by OWNER, the CITY agrees to provide to OWNER, a certificate that OWNER or a successor or assignee is in compliance with the terms of this Agreement, provided OWNER reimburses the CITY for all reasonable and direct costs and fees incurred by the CITY with respect thereto. 9.3 Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not be an OWNER default. Further, OWNER shall not be entitled to any remedy for the CITY's failure to conduct this annual review. 9.4 Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to OWNER. -37- Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the CITY Council of OWNER's good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review. The City Council shall initiate its review pursuant to this Section 9.4. only if it has probable cause to believe the CITY's general health, safety or welfare is at risk as a result of specific acts or failures to act by OWNER. 9.5 Administration of Agreement. Any final decision by the CITY staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by OWNER to the City Council, provided that any such appeal shall be filed with the City Clerk within thirty (30) days after OWNER receives written notice that the staff decision is final. The City Council shall render, at a noticed public hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. 9.6 Availability of Documents. If requested by OWNER, the CITY agrees to provide to OWNER copies of any documents, reports or other items reviewed, accumulated or prepared by or for the CITY in connection with any periodic compliance review by the CITY, provided OWNER reimburses the CITY for all reasonable and direct costs and fees incurred by the CITY with respect thereto. The CITY shall respond to OWNER's request on or before ten (10) business days have elapsed from the CITY's receipt of such request. 10. Events of Default: Remedies and Termination. Unless amended or canceled as provided in Section 8., or modified or suspended pursuant to Government Code Section 65869.5 or terminated pursuant to this Section 10., this Agreement is enforceable by either party hereto. 10.1 Defaults by Owner. If the CITY determines on the basis of a preponderance of the evidence that OWNER has not complied in good faith with the terms and conditions of this agreement, the CITY shall, by written notice to OWNER, specify the manner in which OWNER has failed to so comply and state the steps OWNER must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from the CITY specifying the manner in which OWNER has failed to so comply, OWNER does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then OWNER shall be deemed to be in default under the terms of this Agreement. The CITY may terminate this Agreement pursuant to Government Code Section 65865.1. OWNER agrees that its default hereunder is a conclusive representation that it is consenting to the cancellation of this Agreement. In event of default by OWNER, except as provided in Section 10.3., the CITY's sole remedy for any breach of this Agreement by OWNER shall be the CITY's right to terminate this Agreement. 10.2 Defaults by CITY. If OWNER determines on the basis of a preponderance of the evidence that the CITY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to the CITY, specify the manner in which the CITY has failed to so comply and state the steps the CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specifying the manner in -38- which the CITY has failed to so comply, the CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the CITY shall be deemed to be in default under the terms of this Agreement and OWNER may terminate this Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance as set forth in Section 10.3. 10.3 Remedies. 10.3.1 OWNER's Remedies. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. For the above reasons, the CITY and OWNER agree that damages would not be an adequate remedy if the CITY fails to carry out its obligations under this Agreement and that OWNER shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Moreover, the CITY would not have consented to this Agreement if it were to be subject to damages for breach of this Agreement. Therefore, OWNER specifically agrees that it has no authority under this Agreement or otherwise to seek monetary damages against the CITY for any breach of this Agreement by the CITY, and agrees not to seek monetary damages against the CITY for breach of this Agreement. 10.3.2 CITY's Remedies. In the event of an uncured default by OWNER of the terms of this Agreement, CITY, at its option, may give notice of its intent to terminate or modify this Agreement pursuant to this Agreement and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the Agreement or the Development Agreement Act. The CITY and OWNER further acknowledge that, if OWNER fails to carry out its obligations under this Agreement, the CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Agreement. Therefore, the CITY's remedy of terminating this Agreement shall be sufficient in most circumstances if OWNER fails to carry out its obligations hereunder. Notwithstanding the foregoing, if the CITY issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, the CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to those circumstances set forth above, and the CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 10.4 Institution of Le2a1 Action. In addition to any other rights or remedies, OWNER or the CITY may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, or to obtain any other remedies consistent with the purpose of this Agreement. Such legal action shall be heard by a reference from the Riverside County Superior Court pursuant to the reference procedures of -39- the California Code of Civil Procedure Sections 638, et seq. OWNER and the CITY shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If OWNER and the CITY are unable to agree on a referee within ten (10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section 10.4. shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. 10.5 Estoppel Certificates. Either party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate") stating: 10.5.1 The Agreement is in full force and effect and is a binding obligation of the parties. 10.5.2 The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. 10.5.3 No default in the performance of the requesting party's obligations under the Agreement exists or, if a default does exist, the nature and amount of any default. A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days' after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer of OWNER may sign on behalf of OWNER. An Estoppel Certificate may be relied on by assignees and mortgagees. In the event that one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with respect thereto. 10.6 Local. State And Federal Laws. OWNER and its contractors shall carry out the design and construction of all private improvements on the Property and all Public Improvements in conformity with all applicable laws, including, without limitation, all applicable federal, state and local occupation, employment, prevailing wage, safety and health laws, rules, regulations and standards. Except to the extent of the active negligence or willful misconduct of the Indemnified Parties, OWNER agrees to indemnify, defend and hold the Indemnified Parties (as defined in Section 6.) harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by or failure of OWNER or its contractor(s) or agents to comply with such laws, rules or regulations. OWNER's indemnity obligations set forth in this Section shall survive the termination or expiration of this Agreement unless OWNER'S obligation has been transferred to another party pursuant to the provisions of this Agreement. 11. Waivers and Delays. 11.1 No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a -40- default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 11.2 Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Section 11.3. 11.3 Force Maieure. A party shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond such party's control, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda, moratoria (including, without limitation, any "development moratorium" as that term is applied in Government Code Section 66452.6) or judicial decisions. Notwithstanding the foregoing, OWNER is not entitled pursuant to this Section to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction financing or permanent financing for the Development, or because of economic or market conditions. In the event OWNER or CITY desires to invoke these Force Majeure provisions, the party shall notify the other party of a Force Majeure event within thirty (30) days of the event and include a detailed description of the Force Majeure event and how it affects that party's compliance with the terms of this Agreement. 11.4 Extensions. The Term of this Agreement and the time for performance by OWNER or the CITY of any of its obligations hereunder or pursuant to the Project Approvals shall be extended by the period of time that any of the events described in Section 11.3. exist and/or prevent performance of such obligations. In addition, the Term shall be extended for delays arising from the following events for a time equal to the duration of each delay which occurs during the Term: Litigation. The period of time after the Effective Date during which litigation related to the Development Plan Approval(s) or having the actual effect of delaying implementation of the Project is pending, including litigation pending on the Effective Date. This period shall include any time during which appeals may be filed or are pending. 12. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested or sent by an independent courier service with confirmation of delivery. Notices required to be given to the CITY shall be addressed as follows: CITY OF TEMECULA 41000 Main Street. Temecula, CA 92590 Attention: City Manager -41- With a copy to: Richards, Watson & Gershon 355 South Grand Ave., 40th Floor Los Angeles, CA 90071 Attention: Peter M. Thorson, City Attorney Notices required to be given to OWNER shall be addressed as follows: Temecula West Village, LLC 179 Calle Magdalena #201 Encinitas, CA 92024 Attention: Robert F. Anselmo With a copy to: Lieberg Oberhansley LLP 41911 Fifth Street, Suite 300 Temecula, CA 92590 Attention: Philip D. Oberhansley, Esq. A party may change its address for notices by giving notice in writing to the other party as required herein and thereafter notices shall be addressed and transmitted to the new address. 13. Attorneys' Fees. If legal action is brought by either party against the other for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution for the costs of the referee referred to in Section 10.4. above as an item of damage and/or recoverable costs, provided, however, that the attorney fees that may be awarded to the OWNER shall not exceed the hourly rate of attorneys employed by the CITY or the amount of attorney's fees and costs charged to the CITY in the litigation. 14. Recording. This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to the CITY, in the Official Records of Riverside County by the City Clerk within the period required by Section 65868.5 of the Government Code. 15. Effect of Agreement on Title. 15.1 Effect on Title. OWNER and the CITY agree that this Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. -42- 15.2 Encumbrances and Lenders' Rights. 15.2.1 CITY Cooperation with Lender. OWNER and the CITY hereby agree that this Agreement shall not prevent or limit any owner of any interest in the Property, or any portion thereof, at any time or from time to time in any manner, at its or their sole discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of trust sale and leaseback arrangement or other security device. The CITY acknowledges that any Lender (as hereinafter defined) may require certain interpretations of or modifications to the Agreement or the project and the CITY agrees, upon request, from time to time from OWNER, to meet with the property owner(s) and/or representatives of such Lenders to negotiate in good faith any such request for interpretation or modification through an amendment to this Agreement or an Operating Memorandum. The CITY further agrees that it will not unreasonably withhold its consent to any such requested interpretation or modification to the extent such interpretation or modification is consistent with the intent and purpose of this Agreement. A default under this Agreement shall not defeat, render invalid, diminish or impair the lien of any Lender. 15.2.2 Seniority of Agreement. This Agreement is and shall be senior and superior to the lien of any Mortgage and to all renewals, modifications, consolidations, replacements and extensions thereof; provided, however, CITY agrees that, CITY will attorn to and recognize the mortgagee of a mortgage or beneficiary of a deed of trust or holder of any other security interest in the Property or any portion thereof and their successors and assigns, including without limitation the purchaser at a judicial or non judicial foreclosure sale or a person or entity which obtains title by deed -in -lieu of foreclosure ("Lender") as an approved Development Transferee pursuant to Section 2.5.1. of this Agreement for the unexpired balance (and any extensions, if exercised) of the term of this Agreement upon the terms and conditions set forth herein. 15.2.3 Notice to Lender. The Lender shall, upon written request to the CITY, be entitled to receive a copy of any notice of Default (as defined in Section 10.1. hereof) delivered to OWNER. As a pre -condition to the institution of legal proceedings or termination proceedings, the CITY shall deliver to all Lenders who have requested such notice written notification of any default by OWNER in the performance of its obligations under this Agreement which is not cured within sixty (60) days (the "Second Default Notice") and shall allow the Lender(s) an opportunity to cure such defaults as set forth herein. The Second Notice of Default shall specify in detail the alleged default and the suggested means to cure it. After receipt of the Second Default Notice, each such Lender shall have the right, at its sole option, within sixty (60) days to cure such default to the satisfaction of the CITY or, if such default cannot reasonably be cured within that sixty (60) day period, to commence to cure such default and diligently proceed with such cure to the satisfaction of the CITY, in which case no default shall exist and the CITY shall take no further action. Notwithstanding the foregoing, if such default shall be a default which can only be remedied by such Lender obtaining possession of the Property, or any portion thereof, and such Lender seeks to obtain possession, such Lender shall have until sixty (60) days after the date obtaining such possession to cure or, if such default cannot reasonably be cured within such period, then to commence to cure such default. -43- 16. Severability of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a material part of consideration for either party. The covenants contained herein are mutual covenants. The covenants contained herein constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 17. Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingly, subject to Sections 3.5. and 3.6. above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Agreement Date. 18. Rules of Construction and Miscellaneous Terms. 18.1 Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the CITY, and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over the Property. 18.2 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 18.3 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 18.4 No Joint and Several Liability. Except for the obligations of OWNER to design, acquire, construct and install the public and private improvements described in this Agreement and except for the obligations of the OWNER to convey property to the CITY or some other governmental entity, at any time that there is more than one OWNER, no breach hereof by an OWNER shall constitute a breach by any other OWNER. Except for the obligations of OWNER to design, acquire, construct and install the public and private improvements described in this Agreement and except for the obligations of the OWNER to convey property to the CITY or some other governmental entity, any remedy, obligation, or liability, including but not limited to the obligations to defend and indemnify the CITY, arising by reason of such breach shall be applicable solely to the OWNER that committed the breach. However, the CITY shall send a copy of any notice of violation to all OWNERS, including those not in breach. -44- 18.5 Time of Essence. Time is of the essence regarding each provision of this agreement of which time is an element. 18.6 Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. 18.7 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 18.8 Authority to Execute; No Liens; No Litigation. OWNER, warrants and represents to CITY that: (i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, OWNER, is formally bound to the provisions of this Agreement; (iv) this Agreement is legal, valid and enforceable against the OWNER; (v) OWNER's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which OWNER is bound; and (vi) there is no existing or threatened litigation or legal proceedings of which OWNER, is aware which could prevent OWNER from entering into or performing their obligations set forth in this Agreement. Within ten (10) days of the City Council's adoption of the Authorizing Ordinance, OWNER shall submit to the City a duly executed consent and subordination agreement from each lender or other person with an interest in the Project that consents to this Agreement and subordinates its rights in the Property to this Agreement. Such subordination and consent agreement shall be in substantially the form of Attachment 11 and approved by the City Attorney. 18.9 Attachments. Attachments 1 through 11 identified as follows, are attached to this Agreement and are incorporated herein as though set forth in full: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 Attachment 10 Attachment 11 LEGAL DESCRIPTION OF PROPERTY DESCRIPTION OF TIMING OF IMPROVEMENTS DESCRIPTION OF TIMING OF IMPROVEMENTS LEGAL DESCRIPTION AND DEPICTION OF NATURE CENTER PHASE PARCELS EXISTING REGULATIONS DEVELOPMENT PLAN APPROVAL(S) FORM OF AGREEMENT TO ACQUIRE OFF-SITE RIGHT OF WAY (GOVERNMENT CODE SECTION 66462.5 DESCRIPTION OF SLOPES TO BE RESTORED DESCRIPTION OF HILLSIDE ESCARPMENT DESCRIPTION OF 65.06 ACRES FORM OF CONSENT AND SUBORDINATION AGREEMENT OFF-SITE PUBLIC ON-SITE PUBLIC -45- 19. Extension of Mans. In accordance with Government Code Section 66452.6(a), any tentative map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of the Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 20. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of the CITY and OWNER and its Development Transferees and shall not be construed to benefit or be enforceable by any third party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. ATTEST: Randi Johl City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney "CITY" CITY OF TEMECULA, a Municipal corporation Maryann Edwards Mayor -46- :`OWNER„ TEMECULA WEST VILLAGE, LLC, A California Limited Liability Company By: Name: Title: Manager [Resolution of authority is required.] -47- ATTACHMENT 1 LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Temecula, County of Riverside, State of California, described as follows: PARCEL A: (APN: 940-310-047-2) PARCEL 1 AND THAT PORTION OF PARCEL 2 OF PARCEL MAP 23969 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY PARCEL MAP ON FILE IN BOOK 169 PAGES 11 THROUGH 13 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 2; THENCE NORTH 24° 54' 38" WEST, 332.99 FEET ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 41° 48' 41" EAST, 523.91 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE, NORTH 330 58' 25" WEST, 313.49 FEET ALONG THE NORTHEASTERLY LINE OF SAID PARCELS 1 AND 2; THENCE, NORTH 53° 45' 28" WEST, 270.12 FEET ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 TO THE NORTHERLY LINE OF SAID PARCEL 1; THENCE, NORTH 85° 13' 55" WEST, 122.84 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 1 TO THE WESTERLY RIGHT-OF-WAY LINE OF RIDGE PARK WAY, BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 189.00 FEET A RADIAL LINE TO SAID BEGINNING BEARS NORTH 83° 17' 34" EAST; THENCE, SOUTHWESTERLY, 252.14 FEET ALONG SAID CURVE AND SAID RIGHT-OF- WAY LINE THROUGH A CENTRAL ANGLE OF 76° 26' 08"; THENCE, SOUTH 24° 54' 38" EAST, 684.70 FEET ALONG THE SOUTHWESTERLY LINE OF SAID PARCELS 1 AND 2 TO THE TRUE POINT OF BEGINNING. NOTE: SAID LAND IS ALSO SHOWN AS ADJUSTED PARCEL "A" OF LOT LINE ADJUSTMENT NO. 17, A COPY OF WHICH WAS RECORDED JUNE 3, 1992 AS INSTRUMENT NO. 202396, OFFICIAL RECORDS. PARCEL B: (APN: 940-310-044 9 and 940-310-048-3) -48- THAT PORTION OF PARCEL 2 OF PARCEL MAP 23969, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 169 PAGES 11 THROUGH 13 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 2;THENCE, NORTH 24° 54' 38" WEST, 332.99 FEET ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 2; THENCE, NORTH 41° 48' 41" EAST, 523.91 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 2; THENCE, SOUTH 33° 58' 25" EAST, 35.08 FEET ALONG SAID NORTHEASTERLY LINE; THENCE, SOUTH 45° 27' 33" EAST, 18.02 FEET TO THE NORTHWESTERLY RIGHT-OF- WAY LINE OF PUJOL STREET, BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 47.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 82° 36' 47" WEST; THENCE SOUTHERLY, 31.32 FEET ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 38° 04' 20"; THENCE, SOUTH 450 27' 33" EAST, 253.96 FEET ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINES OF PUJOL TO THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE, SOUTH 44° 24' 40" WEST, 623.21 FEET ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 TO THE POINT OF BEGINNING. NOTE: SAID LAND IS ALSO SHOWN AS ADJUSTED PARCEL "B" OF LOT LINE ADJUSTMENT NO. 17, A COPY OF WHICH WAS RECORDED JUNE 3, 1992 AS INSTRUMENT NO. 202396, OFFICIAL RECORDS. PARCEL C: (APN: 940-310-045-0 and 940-310-046-1) PARCELS 3 AND 4 OF PARCEL MAP 23969, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ON FILE IN BOOK 169 PAGES 11, 12, AND 13, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL D: (APN: 940-310-015-3 and 940-310-016-4) PARCELS 20 AND 21, AS SHOWN BY PARCEL MAP 18254 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ON FILE IN BOOK 116, PAGES 69 THROUGH 78 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL E: (APN: 940-310-013-1 AND 940-320-001-1 THROUGH 940-320-007-7) -49- PARCELS 23 THROUGH 29 INCLUSIVE OF PARCEL MAP 18254, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP RECORDED IN BOOK 116, PAGES 69 THROUGH 78, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL F: (APN: 922-210-049-3) THAT PORTION OF PARCEL 4 OF PARCEL MAP 10814, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 78 PAGES 5, 6, 7 AND 8 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING NORTHEASTERLY AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4 AND THE BEGINNING OF THE LINE BEING HEREBY DESCRIBED: THE FOLLOWING THREE (3) COURSES ARE ALONG THE WESTERLY LINE OF SAID PARCEL 4; THENCE SOUTH 39° 28' 35" EAST, A DISTANCE OF 543.70 FEET; THENCE SOUTH 39° 45' 41" EAST, A DISTANCE OF 408.24 FEET; THENCE SOUTH 49° 04' 03" EAST, A DISTANCE OF 760.59; THENCE NORTH 40° 55' 57" EAST, A DISTANCE OF 60 FEET; THENCE SOUTH 49° 04' 03" EAST, PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL 4, A DISTANCE OF 768.22 FEET; THENCE NORTH 60° 43' 38" EAST, A DISTANCE OF 432.05 FEET TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF SAID PARCEL 4, AND THE END OF THE LINE BEING DESCRIBED. -50- ATTACHMENT 2 DESCRIPTION AND TIMING OF OFF-SITE PUBLIC IMPROVEMENTS 1. North Phase Off -Site Improvements. A. North Phase (Villages A and B). The following Off -Site Improvements shall be completed before the first (1st) building permit is issued for Villages A and B of the North Phase of the Development: (i) Acquisition of right-of-way on the east side of Vincent Moraga between Felix Valdez and Rancho California Road and construction of the designed Western Bypass Road northbound right turn lane improvements within this segment; (ii) Acquisition of right-of-way on the south side of Rancho California Road between Vincent Moraga Drive and the Murrieta Creek Bridge and construction of all intersection improvements within this road segment including an additional westbound left turn lane on Rancho California Road to Vincent Moraga Drive; (iii) Traffic signal and utility relocation where needed and construction of the ultimate build -out of the Rancho California Road, Diaz Road and Vincent Moraga Drive intersection; (iv) Construction of the Ridge Park Drive and Western Bypass Road intersection improvements to provide left -turn ingress and right-in/right-out to Ridge Park Drive. OWNER shall construct one hundred percent (100%) of this Fair Share traffic improvement pursuant to Section 4.2.3. herein; and (v) Install multi -way stop controls at the First Street & Pujol Street intersection. OWNER shall construct one hundred percent (100%) of this Fair Share traffic improvement pursuant to Section 4.2.3. herein. B. Remaining Off -Site Improvements of the North Phase. The remaining Off -Site Improvements of the North Phase shall be completed by the earlier to occur of: (i) before the three hundred fiftieth (350th) building permit is issued for the North Phase; and (ii) before the first (1st) building permit is issued for the Central Phase, and shall consist of the following: (i) Acquisition of right-of-way on the west side of Vincent Moraga Drive between Felix Valdez and Rancho California Road and construction of the designed Western Bypass Road improvements within this road segment; and (ii) Acquisition of right-of-way on the east and west sides of Vincent Moraga Drive between Felix Valdez and Ridge Park Drive and construction of the designed Western Bypass Road improvements within this road segment. -51- 2. Central Phase Off -Site Improvements. A. Central Phase (Village Q. The following Off -Site Improvements shall be completed before the first (1st) building permit is issued for Village C of the Central Phase of the Development: (i) Construction of one (1) new left turn lane (re -stripe only), and optimize signals and modify head at the Ynez Road and Santiago Road Intersection; and (ii) Construction of traffic signal improvements at the First Street and Pujol Street Intersection. OWNER shall construct one hundred percent (100%) of this Fair Share traffic improvement pursuant to Section 4.2.3. herein. B. Central Phase (Traffic Mitigation). The remaining Improvements of the Central Phase shall be commenced before the seven hundredth (700th) building permit is issued for the Project, and shall be completed before the earlier to occur of (i) the nine hundred and fiftieth (950th) building permit is issued for the Project, or (ii) the first (1st) building permit is issued for the South Phase of the Project, and shall consist of the following: (i) Construction of either (i) the Westem Bypass Bridge (Off -Site Improvements), or (ii) the construction of Western Bypass Road phase 2 improvements (two (2) eastern lanes; ultimate northbound) including parallel Class 1 bikeway (On Site Improvements). CITY shall allow for stockpiling of dirt on either Village G or Nature Center Parcel prior to Civic Phase grading permit issuance. 3. South Phase Off -Site Improvements. A. South Phase (Villages D, E and F). The following Off -Site Improvements shall be completed before the first (1st) building permit is issued for Villages D, E and F of the South Phase of the Development: (i) Construction of the Western Bypass Bridge. 4. Western Bypass Bridle Phase. Construction of the Western Bypass Bridge shall be completed prior to the earlier of (i) the nine hundred and fiftieth (950th) building permit being issued for the Project, (ii) the first (1st) building permit being issued for the South Phase, and (iii) the first (1st) building permit being issued for the Civic Phase. 5. Traffic Signal Optimization. A. OWNER shall optimize traffic signals pursuant to the Conditions of Approval for the Development Plan. -52- ATTACHMENT 3 DESCRIPTION AND TIMING OF ON-SITE IMPROVEMENTS 1. North Phase On -Site Improvements. A. North Phase (Villages A and B). The following On -Site Improvements within Villages A and B of the North Phase of the Development shall be completed before the first (1st) building permit is issued for these Villages: (i) Construction of the designed onsite Western Bypass Road phase 1 improvements from the Project's northern property line to the future Altair Vista intersection; and (ii) Construction of Altair Vista improvements within this North Phase (Phase 1 of Altair Vista); 2. Central Phase On -Site Improvements. A. Central Phase (Village C). The following On -Site Improvements of Village C of the Central Phase of the Development shall be completed before the first (1st) building permit is issued for this Village: (i) Construction of Altair Vista from the northern boundary of the Central Phase to/including the roundabout west of the Village C Park (Phase 2 of Altair Vista); (ii) Construction of Coromell Trail between Altair Vista and First Street; (iii) Construction of "A" Street Phase 1 with secondary access provided by neighborhood internal streets; and (iv) Construction of trail at the Village `B' toe of slope to connect Western Bypass pedestrians and/or cyclists to 6th Street and ultimately across the Main Street bridge to Old Town. B. Central Phase (Village C Park). The following On -Site Improvements in the Central Phase shall be completed before building permits are issued for any pads within the Development south of the Village C Park: (i) Construction of Altair Vista from the roundabout west of the Village C Park to the southern boundary of the Central Phase (Phase 3 of Altair Vista); (ii) Construction of "A" Street Phase 2 including the vehicular bridge over the Village C Park; and (iii) Construction of the Main Street transition, grand stairway, ADA access from Main Street (offsite) to 'A' Street (onsite) and Village C Park "soft" landscaping. -53- C. Remaining On -Site Improvements of the Central Phase. The remaining Improvements of the Central Phase shall be commenced before the seven hundredth (700th) building permit is issued for the Project, and shall be completed before the earlier to occur of (i) the nine hundred and fiftieth (950th) building permit is issued for the Project, or (ii) the first (1 st) building permit is issued for the South Phase of the Project, and shall consist of the following: (i) Construction of either (i) the Western Bypass Bridge (Off Site Improvements), or (ii) the construction of Western Bypass Road phase 2 improvements (two (2) eastern lanes; ultimate northbound) including parallel Class 1 bikeway (On Site Improvements). CITY shall allow for stockpiling of excess dirt on either Village G or Nature Center Parcel prior to Civic Phase grading permit issuance; and (ii) Construction of either (i) the Recreation Center (west building, pool and spa), or (ii) the Clubhouse (east building overlooking the park). 3. South Phase On -Site Improvements. A. South Phase (Villages D. E and F). The following On -Site Improvements within Villages D, E and F of the South Phase of the Development shall be completed before the first (1st) building permit is issued for these Villages: (i) Construction of the remainder of Altair Vista (Phase 4 of Altair Vista); (ii) Construction of "B" Street North; (iii) Construction of traffic signal improvements at the Western Bypass Road and Altair Vista intersection; and (iv) Construction of the Village C Park "hard" landscaping. B. Remaining On -Site Improvements in the South Phase (Villages D. E and F). The following On -Site Improvements within Villages D, E and F of the South Phase shall be completed before the three hundredth (300th) building permit is issued for these Villages: (i) Construction of the Village D Park; and (ii) Construction of the Village E/F Park. 4. Civic Phase On -Site Improvements. A. Civic Phase (Village G & Nature Center Parcel). The following On -Site Improvements within the Civic Phase of the Development shall be completed before the first (1st) building permit is issued for these Villages. (i) Construction of Western Bypass Road phase 3 improvements (2 western lanes; southbound); (ii) Construction of "B" Street South; -54- (iii) Construction of "C" Street; (iv) Construction of signal improvements at the Western Bypass Road and "B" Street intersection; and (v) Construction of either (i) the Recreation Center (west building, pool/spa), or (ii) the Clubhouse (east building overlooking the park) (whichever building has not yet been constructed). -55- ATTACHMENT 4 LEGAL DESCRIPTION AND DEPICTION OF THE NATURE CENTER PHASE AND PARCELS -56- Nature Center Conservation Easement Parcel Nature Center Conservation Easement Parcel • • -57- Nature Center Road Parcel Nature Center Parcel Nature Center Open Space Parcel ATTACHMENT 5 EXISTING REGULATIONS 1. The provisions of the Temecula Municipal Code in effect as of the Effective Date of this Development Agreement. 2. Ordinances, resolutions and written policies of the City relating to the regulation of land within the City, whether or not codified in the Temecula Municipal Code. 3. The General Plan of the City of Temecula, and each element thereof, in effect as of the Effective Date of this Agreement. 4. The resolutions, ordinances, written policies and the rate and method of apportionment of any Community Facilities District formed and funded pursuant to Section 4.5.2. of this Agreement. -58- ATTACHMENT 6 DEVELOPMENT PLAN APPROVAL(S) 1. Certification of Final Environmental Impact Report. Adopted by Resolution No. 17-86, entitled: RESOLUTION NO. 17-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES, GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APN 922-210-049, 940-310- 013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) 2. Planning Application No. PA 14-0158, a proposed General Plan Amendment (GPA) by Ambient Communities to revise the current alignment of the proposed Western Bypass, and to replace the existing General Plan Land use designations of Industrial Park (IP), Open Space (OS), Medium Density Residential (M), High Density Residential (H), and Hillside Residential (HR) with Specific Plan Implementation (SPI) for land uses proposed in the Altair Specific Plan as Active Open Space (AO), Natural Open Space (NO), Residential (R), Mixed -Use (M), Mixed - Use Residential (MR), Educational (E), and Institutional (I). Adopted by Resolution No. 17-87 entitled: RESOLUTION NO. 17-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE CURRENT ALIGNMENT OF THE PROPOSED WESTERN BYPASS, AND TO RECOGNIZE THE PROPOSED LAND USES IDENTIFIED IN THE ALTAIR SPECIFIC PLAN BY REPLACING INDUSTRIAL PARK (IP), OPEN SPACE (OS), MEDIUM DENSITY RESIDENTIAL (M), HIGH DENSITY RESIDENTIAL (H), AND HILLSIDE RESIDENTIAL (HR) WITH SPECIFIC PLAN IMPLEMENTATION (SPI) ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940- 310-048, AND 940-320-001 THROUGH 940-320-007) -59- 3. Planning Application No. PA 14-0159, a proposed Specific Plan to include the four -lane divided Western Bypass, up to 1,750 residential units, an elementary school, up to 7,000 square feet of neighborhood commercial, a clubhouse, civic site, parks, trails, and hillside preservation. The Specific Plan will also include off-site improvements for public infrastructure including, but not limited to, construction of the Western Bypass bridge over Murrieta Creek, road widening of Vincent Moraga, construction of Main Street north of Pujol, and off-site sewer, water and dry utility extensions. Adopted by Ordinance No. 18-01 entitled: ORDINANCE NO. 18-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310- 016, 940-310-044 THROUGH 940-310-048, AND 940-320- 001 THROUGH 940- 320-007) 4. Planning Application No. PA 14-0160, a proposed Tentative Tract Map (TTM 36959) that will create the residential planning areas consistent with the Specific Plan, and include the four - lane divided Western Bypass, public and private roads, an elementary school site, civic site, open space, parks, trails, and hillside preservation. Adopted by Resolution No. 17-88 entitled: RESOLUTION NO. 17-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP 36959 TO SUBDIVIDE 270 ACRES INTO 63 NUMBERED LOTS TO DEFINE THE OPEN SPACE AND THE VILLAGE AREAS, AND 20 LETTERED LOTS TO DEFINE PUBLIC AND PRIVATE STREETS FOR THE ALTAIR SPECIFIC PLAN GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) -60- ATTACHMENT 7 FORM OF AGREEMENT TO ACQUIRE OFF-SITE RIGHT OF WAY (GOVERNMENT CODE SECTION 66462.5) AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 (ALTAIR PROJECT) This Agreement for acquisition of real property pursuant to Government Code section 66462.5 is made and entered into as of , 201 _, by and between TEMECULA WEST VILLAGE, LLC, a Delaware limited liability company ("OWNER" hereinafter) and the CITY OF TEMECULA, a municipal corporation ("CITY" hereinafter). OWNER and CITY are referred to jointly below as "parties." In consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement and for the further consideration described in this Agreement, the parties agree as follows: 1. Recitals. The parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each agrees to be true and correct. A. OWNER has submitted, and CITY has had approved, applications for development of a residential and/or commercial project on that certain real property of OWNER generally located in the City of Temecula; 13. On , the of the City of Temecula adopted thereby approving OWNER's "Project"; C. To facilitate the orderly development of the Project on the above -referenced property, a specific condition of approval required OWNER to construct . However, satisfaction of the condition involves real property that is neither owned by OWNER or CITY (the "Off-site Property" hereinafter). A legal description and map depiction of the Off-site Property required to satisfy the condition of approval is attached hereto as Exhibit 1, and incorporated herein by this reference as though set forth in full. D. Pursuant to California Government Code section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on off-site property not owned or controlled by the OWNER, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off-site property by eminent domain or such off-site improvement conditions will be waived. Pursuant to said section 66462.5, a city and an OWNER may enter into an agreement to allocate the costs and responsibilities for acquisition of such off-site property. E. OWNER has recorded or intends to record Tract Map No. and, under a separate subdivision improvement agreement, has agreed (and posted security) to undertake and -61- complete all required public improvements set forth in , including said Off-site Property, following recordation of Tract Map No. F. CITY has been provided credible evidence that OWNER has made a good faith effort to acquire the Off-site Property but has been unable to do so by negotiated purchase; G. California Government Code Section 40404 and California Code of Civil Procedure Sections 1230.010 et seq. authorizes CITY to acquire by eminent domain any and all property necessary for purposes; H. The CITY must comply with Relocation Assistance Act, Government Code Sections 7260 et seq., and the Eminent Domain Law, Code of Civil Procedure Sections 1230.010 et seq., and their implementing regulations, in acquiring property for public improvements ("Public Land Acquisition Statutes"). I. To facilitate the satisfaction of the condition of approval, CITY and OWNER now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off-site Property and to allocate responsibility between the respective parties; and J. This Agreement is solely made in furtherance of the authority granted under Government Code Section 66462.5. The parties recognize that CITY cannot exercise its power of eminent domain until all legally required preconditions under the Land Acquisition Statutes, including a Resolution of Necessity have been lawfully adopted by the City Council of the CITY pursuant to law. It is neither a commitment nor an announcement of an intent by CITY to acquire any or all of the Off-site Property that may be identified in this Agreement. In the event CITY elects to commence an action after the required public hearing on the Resolution of Necessity, then CITY shall cause the eminent domain action for the acquisition of the specified interest or interests (whether fee, leasehold or otherwise) in and to the Off-site Property to be filed and expeditiously processed to completion by and through the use of CITY's power of eminent domain. 2. CITY Acquisition of Off-site Property. Subject to OWNER's timely and continuous performance of all elements of this Agreement, CITY shall cause an action pursuant to the Land Acquisition Statutes to be pursued to completion for the acquisition of the Off-site Property using legal counsel and consultants of CITY' selection. OWNER agrees CITY's selected legal counsel is not representing OWNER in any capacity and further that OWNER is not a third party beneficiary under the engagement agreement between CITY and CITY's selected legal counsel. 3. OWNER Responsible for All Costs of Acquisition. OWNER shall solely responsible for all Off-site Property acquisition costs, which shall include, but not be limited to, the costs of title reports and/or litigation guarantees, litigation expenses, court costs, attorneys' fees, deposits necessary to take immediate possession of any such interest, deposits reflecting verdicts as to the value of any such interest necessary to obtain any final order or orders of condemnation, any sum paid as and for a settlement of any suit filed by CITY pursuant to this Agreement, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for loss of business goodwill, relocation benefits, precondemnation damages, relocation -62- expenses, abandonment damages, Off-site Property owners' statutory costs and litigation expenses authorized by the Eminent Domain Law, codified as Code of Civil Procedure Section 1230.010, et seq. (Eminent Domain Law), Public Land Acquisition Statutes and any and all fees, costs and expenses arising from or related to any of the foregoing items, actions, and proceedings. No settlement of an action brought by CITY to acquire Off -Site Property or arising from CITY's action(s) shall be effective without OWNER first providing its written approval thereof to CITY, which approval shall not be unreasonably withheld. 4. Limitations on City's Ability to Acquire Off-site Property; Time Waiver. The parties hereto recognize that if the City Council, in its discretion, adopts a Resolution of Necessity and authorizes the filing of an eminent domain proceeding, the City may not be able to obtain the fee title to the Property within the time set forth in Government Code section 66462.5 and in recognition of this potential circumstance the parties hereby waive the time requirements for action by the City set forth in Government Code Section 66462.5. 5. Deposit of Costs. Concurrently with the execution of this Agreement by CITY, OWNER shall deliver to CITY the sum of Twenty Thousand Dollars ($20,000.00). CITY agrees to deposit said sum in a separate CITY account ("Separate Fund") and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement, other than the unsatisfied costs identified in this paragraph. A. CITY shall, on a monthly basis, or as often as CITY deems necessary, provide OWNER with an accounting of disbursements from the Separate Fund established pursuant to paragraph 5, above. In the event disbursements reduce the balance of the fund to Five Thousand Dollars ($5,000.00) or less, OWNER, five (5) business days following a written request of CITY, shall deliver to CITY such additional monies as are necessary to maintain the balance in the separate fund at Twenty Thousand Dollars ($20,000.00). B. In addition to its deposits to the Separate Fund, OWNER agrees to deliver to CITY, promptly upon demand by CITY, the entire amount CITY determines is required by the Eminent Domain Law ("Deposit Amount"), which amount CITY will deposit under Code of Civil Procedure sections 1255.010, et seq. if CITY and OWNER agree that CITY should seek prejudgment possession of the Off -Site Property. If the City's expert valuation witness determines at the date of exchange of valuation data under Code of Civil Procedure section 1258.220 that the fair market value of the Off-site Property is higher than the Deposit Amount, OWNER shall deliver this additional amount to CITY upon five (5) business days written notice by CITY or as ordered by any court of competent jurisdiction. CITY shall promptly deposit this additional amount with the Court. C. If for any reason OWNER fails to maintain the Separate Fund balance referenced in this paragraph, or fails to provide the monies as required by this paragraph, CITY may utilize and draw down all or any portion of the improvement security deposited pursuant to the separate subdivision improvement agreement to pay any of the costs and expenses referenced herein for acquisition of the Off-site Property. CITY shall not commence any activity under or in furtherance of this Agreement until OWNER provides CITY and CITY agrees with and approves a written acknowledgment from both the OWNER and the person, firm, or entity who has provided the referenced security that: (i) the CITY may make demand on the security for the purposes described -63- in this Agreement; (ii) the surety will promptly pay such monies to CITY upon CITY's demand and (iii) the amount of the security deposit is adequate to fund both the anticipated physical improvements under the map and the anticipated costs of acquisition pursuant to this Agreement. D. When any eminent domain action which was commenced pursuant to this Agreement is concluded, CITY shall remit to OWNER the balance of the separate fund within sixty (60) days after full payment of just compensation, costs and all applicable litigation expenses have been made to Off-site property owners. Additionally, CITY shall expeditiously withdraw any funds remaining on deposit with the Court and disburse the same to OWNER once a final order of condemnation or a dismissal of the eminent domain action is entered by the Court. 6. OWNER Acquisition of Property. If OWNER should independently acquire all or any portion of the Off-site Property by negotiated purchase after an eminent domain action is filed by the CITY, OWNER shall immediately notify CITY of the acquisition. After OWNER obtains fee title to the subject interest CITY shall move to abandon all or any unnecessary part of the action relating to the property acquired by negotiation. If a complete or partial abandonment is filed, OWNER shall bear any and all costs, expenses and/or damages related thereto, including, but not limited to, any condemnee's recoverable costs and/or recoverable attorneys' fees pursuant to Code of Civil Procedure Section 1268.610, et seq. 7. General Provisions. A. Notices. Any and all notices, requests or other communications required or permitted to be given under this Agreement or by reason of this Agreement shall be in writing and shall be deemed to have been given when: (i) delivered in person or by courier or overnight delivery service; or (ii) five (5) business days after mailing, by certified or registered mail, return receipt requested, to the parties at the following addresses or any such other address or addresses as the parties may, from time to time, designate in writing in the manner herein specified: CITY: CITY OF TEMECULA 41000 Main Street Temecula, CA 92589 Attention: City Manager With a copy to: RICHARDS, WATSON & GERSHON 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Attention: Mr. Peter M. Thorson, City Attorney -64- OWNER: TEMECULA WEST VILLAGE, LLC 179 Calle Magdalena #201 Encinitas, CA 92024 Attention: Robert F. Anselmo With a copy to: LIEBERG OBERHANSLEY LLP 41911 Fifth Street, Suite 300 Temecula, CA 92590 Attention: Philip D. Oberhansley, Esq. B. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere or prohibit or make more onerous or difficult the performance of the other party hereto under this Agreement. C. Amendment. No amendment to this Agreement shall be effective unless first provided in writing and executed by the parties hereto. D. No Agency or Joint Venture. The terms and provisions of this Agreement shall not cause the parties hereto or any of each parties' agents, consultants, contractors or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge or expense of the other party to this Agreement. E. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement. F. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignees. G. Remedies. No remedy or election hereunder shall be deemed to be exclusive but shall, wherever possible, be cumulative with all other remedies at or in equity. H. Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any action arising directly or indirectly under this Agreement shall be in the Superior Court of Riverside County, California. -65- IN WITNESS WHEREOF, the parties hereof have executed and entered into this Agreement as of the date set forth above. TEMECULA WEST VILLAGE, LLC, A California Limited Liability Company By: Name: Title: Manager OWNER'S SIGNATURES MUST BE NOTARIZED CITY OF TEMECULA, a municipal corporation Aaron Adams City Manager Attest: Randi Johl City Clerk Approved as to form: Peter M. Thorson City Attorney -66- EXHIBIT 1 TO ATTACHMENT 7 LEGAL DESCRIPTION AND MAP DEPICTION OF THE OFF-SITE PROPERTY -67- ATTACHMENT 8 DESCRIPTION OF SLOPES TO BE RESTORED Tract 36569-1, Parcel 7 on the proposed Tentative Tract Map. Tract 36569-2, Parcel 18 on the proposed Tentative Tract Map. Tract 36569-3, Parcel 12 on the proposed Tentative Tract Map. Tract 36569, Parcel 7 on the proposed Tentative Tract Map. ATTACHMENT 9 DESCRIPTION OF HILLSIDE ESCARPMENT LEGAL DESCRIPTION Real property in the unincorporated area of the County of Riverside, State of California, described as follows: LOT 6 TRACT 25980 IN THE COUNTY OF RIVERSIDE, AS PER MAP RECORDED IN BOOK 243, PAGES 92 THROUGH 96, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 940-090-010-9 -69- ATTACHMENT 10 DESCRIPTION OF 65.06 ACRES All that certain real property situates in the County of Riverside, State of California, described as follows' PARCEL 1: GOVERNMENT LOT 1 OF SECTION 25, TOWNSHIP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 30, 1948. IN BOOK 905, PAGE(S) 101 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID GOVERNMENT LOT 1 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST SOUTHERLY TERMINUS OF COURSE DESCRIBED AS "NORTH r 16' EAST, 339.19 FEET' IN SAID DEED TO THE STATE OF CALIFORNIA, DESCRIBED ABOVE; THENCE NORTH I5° 3T 52" WEST, 570.32 FEET; THENCE NORTIf 7° 15' 21" WEST. 230.22 FEET; THENCE NORTII 0° 28' 33" EAST, 1130.53 FEET TO SAID WEST LINE OF THAT PARCEL DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA. PARCEL 2: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 30, 1948 IN BOOK 905, PAGE(S) 101 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID GOVERNMENT LOT 1 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST SOUTHERLY TERMINUS OF COURSE DESCRIBED AS "NORTH 7° 16' EAST, 339.19 FEE r IN SAID DEFT) TO "THE STATE OF CALIFORNIA DESCRIBED ABOVE; THENCE FORTH 15° 37' 52" WEST. 570.321'FET; THENCE NOR l'H 7° 15' 21" WEST. 230.22 FF.FiI'; THENCE NORTI l 0°28' 33- EAST. 1130.53 FF.FT TO SAID WEST LINE OF THAT PARCEL DESCRIBED 1N SAID DEED TO TIIE STATE OF CALIFORNIA. APNs 918-080-008 and 918-080-009 ATTACHMENT 11 CONSENT AND SUBORDINATION AGREEMENT LENDER'S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT 1. ("Lender") holds a security interest in a portion of the Property described in the "Development Agreement between City of Temecula and Temecula West Village, LLC" ("Agreement") set forth above between Temecula West Village, LLC, ("Developer"), and the City Of Temecula, a municipal corporation ("City"), dated as of , 2017. 2. Lender acknowledges that the Agreement is an integral parts of the Developer's land use entitlements for the Property and provide significant benefits to the Developer and to the Property. 3. In consideration of the rights and benefits conferred upon the Developer by the terms of the Agreement and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Agreement, its recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Agreement. 4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Development Agreement at the following address: 5. The individuals who have signed this document on behalf of Lender have the legal power, right, and authority approve this Consent and bind the Lender. IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of , 2017. [Name of Lender]: Name: Title: Name: Title: -71- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -72- Item No. 7 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 9, 2018 SUBJECT: Adopt Ordinance 18-03 Reauthorizing and Readopting the City's Public, Educational, and Govemmental Access Support Fee for Cable Television Franchisees (Second Reading) PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 18-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAUTHORIZING AND READOPTING THE CITY'S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of Cal'rfornia. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 18-03 was first introduced at the regularly scheduled meeting of December 12, 2017. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 18-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAUTHORIZING AND READOPTING THE CITY'S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of the as the Digital Infrastructure and Video Competition Act of 2006, authorized the City to adopt an ordinance establishing a fee on state -franchised video service providers to support public, educational, and governmental ("PEG") access channel facilities; and WHEREAS, the City adopted such a fee, which is codified in Section 5.12.200 of the Temecula Municipal Code; and WHEREAS, Section 5870(n) of the Public Utilities Code states that such an ordinance shall expire, and may be reauthorized, upon the expiration of a state franchise, and that a fee may be adopted at any time; and WHEREAS, California Video Franchise Certificate Franchise No. 0020 granted to Time Warner Cable Pacific West LLC d/b/a Charter Communications will expire on January 2, 2018; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby reauthorizes and readopts the fee on state - franchised video service providers to support public, educational, and governmental channel facilities codified in Section 5.12.200 of the Municipal Code, which fee shall remain unchanged and in full effect as to all state -franchised video service providers. Section 2. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law. Ords 18-03 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 91h day of January, 2018. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss Matt Rahn, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 18-03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of December, 2017, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of January, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Ords 18-03 2 Item No. 8 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 9, 2018 SUBJECT: Approve Annual Legislative Platform for Calendar Year 2018 PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council approve the annual Legislative Platform for calendar year 2018. BACKGROUND: On May 12, 2015, the City Council approved the City's first Legislative Platform. The Platform is a compilation of general and City -specific policy statements. The general policy statements reflect commonly -accepted positions on matters pertaining to local governance of cities in the State of California. The City -specific policy statements reflect positions that the City of Temecula has directly and collectively taken in the past. All policy statements in the Platform are consistent with the policies outlined in the City of Temecula's goveming documents (i.e., General Plan, Specific Plan, Quality of Life Master Plan, Trails and Bikeways Master Plan, Youth Master Plan, etc.) The Platform is adopted annually by the City Council at the beginning of each year and reflects legislative changes and positions taken in the prior year. The previous year was the first year of a two-year session and there were no substantive changes to the legislative platform. The Platform is distributed to the City's lobbyists annually after adoption. FISCAL IMPACT: None ATTACHMENTS: 2018 Legislative Platform a• '4„, 1989 CITY OF TEMECULA 2018 STATE AND FEDERAL LEGISLATIVE PLATFORM Approved: January 9, 2018 The Legislative Platform is a tool to protect and promote the City's interests on priority issues and legislative/regulatory matters that may impact the City at the state and federal level. The guiding principles and policy statements below allow City staff and legislative advocates to address legislative and regulatory issues in a timely and directed manner, without precluding City Council consideration of additional legislative matters arising throughout the year. This platform supplements existing City Council established goals and policies in various documents including the City's General Plan and Quality of Life Master Plan (QLMP). GUIDING PRINCIPLES Preservation of Local Control Support measures that preserve and protect the City's general law powers and duties to enact legislation and policy direction concerning local affairs. Oppose measures that preempt local authority. II. Promotion of Fiscal Stability Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve and promote the City's revenue base. Oppose measures that mandate costs with no guarantee of local reimbursement or offsetting benefit. Oppose measures that shift local funds to the county, state or federal government, without offsetting benefit. 01. Support Funding Opportunities Support measures that allow the City to compete for its fair share of regional, state and federal funding including competitive grants and other funding programs. Support measures that promote dedicated funding streams at the regional, state and federal levels allowing the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. 1 POLICY STATEMENTS ADMINISTRATIVE SERVICES General Area of Review: Elections, Ralph M. Brown Act, Public Records Act, Political Reform Act. conflict of interest, insurance, tort reform and open and transparent government. General Policy Statements: • Supports legislation that recognizes the need to conduct the public's business in public. • Support legislation to allow alternative methods of meeting public notice requirements and enhancing them through the use of cost effective and innovative, technology friendly methods of communication. • Support legislation to improve and streamline the Political Reform Act and its implementation through regulations. • Support legislation that would allow a city presented with an allegation of a violation of the California Voter Rights Act (CVRA) to address the allegation before any person may file a lawsuit related to the alleged violation. • Support legislation to reduce unnecessary and costly procedures for conducting a municipal election. • Oppose legislation that mandates costly and unnecessary procedures related to the election process. • Support legislation providing city councils more flexibility to fill city council vacancies including extending the appointment period to fill a vacancy. • Support legislation to allow cities to conduct mail ballot elections when appropriate to reduce the cost of elections and increase voter turnout. • Support legislation that limits the exposure of local governments to lawsuits related to liability, including unimproved natural conditions and design immunity. City -Specific Policy Statements: • Resolution No. 03-22 — Support legislation that preserves the ability of public agencies to have a meaningful invocation as a free speech right during public meetings. • Resolution No. 04-41 — Oppose legislation that would prohibit or limit the ability of local government to conduct Closed Session consistent with the Ralph M. Brown Act. • Resolution No. 05-88 — Support legislation and funding that preserves and protects local authority over cable and video services ensuring the ability of local governments to meet their public, educational and government (PEG) access needs. • Resolution No. 09-50 — Support legislation that allows legal notices to be published electronically on the City's website. • Resolution No. 09-71 — Support legislation to apply the Ralph M. Brown Act to the State Legislature, including provisions requiring advance notice and publication of matters to be voted upon. • Resolution No. 11-49 — Support legislation that provides the City with an ability to be represented by one congressional district. • Resolution No. 12-40 — Support legislation to assist California businesses to comply with the Americans with Disability Act without frivolous lawsuits. • Minute Order (3/10/15) — Oppose legislation that broadly mandates district -based election systems in cities without analyzing the specific needs of a community. (2015 — oppose AB 278 (Hernandez): District Based Elections) 2 COMMUNITY SERVICES General Area of Review: Parks. recreation, libraries, cultural arts, youth, community and human services programs. General Policy Statements: • Support legislation and funding for the development and preservation of open space consistent with the City's General Plan, Trails and Bikeways Master Plan and other related policies. • Support legislation and funding for the construction, rehabilitation and maintenance of public facilities, parks and open space. • Support legislation and funding for overall youth programs consistent with the City's Youth Master Plan. • Support legislation and funding for policies and programs that promote the overall health and wellness of families, veterans, seniors and youth in the City. • Support legislation and funding for youth -related prevention and intervention programs, including after school educational and recreational programs. City -Specific Policy Statements: • Resolution Nos. 99-88 and 06-38 - Support legislation and funding for the construction and improvement of community libraries and the program services provided at library facilities. • Resolution No. 00-02 - Support legislation and funding for state and local park projects and allow urban areas to expand recreation facilities to serve youth, seniors and families. • Resolution No. 08-76 - Support legislation and funding to provide assistance to Vietnam veterans exposed to Agent Orange. • Resolution No. 09-80 - Oppose legislation that would bar or severely limit physician - owned hospitals or otherwise negatively impact health care access in our region. • Resolution No. 11-36 - Support legislation that extends qualified immunity to local public agencies that operate public skateboarding parks indefinitely. • Resolution No. 11-48 - Oppose legislation increasing notification requirements for cities that want to opt out of the county free library system to outsource the administration and operation of their libraries to a private for profit company. • Resolution No. 11-69 - Support legislation requiring private insurance companies to cover autism treatment. • Minute Order (6/10/14 and 3/10/15) - Support legislation that provides greater opportunities for higher education learning in the City. (2015 - Support AB 288 (Holden): College and Career Access Partnerships) EMPLOYEE RELATIONS General Area of Review: Labor relations, employee relations and other matters related to human resources. 3 General Policy Statements: • Support legislation that increases local control and limits additional financial burdens related to employee relations and collective bargaining that can be appropriately negotiated at the bargaining table. City -Specific Policy Statements: • Resolution No. 97-77 - Support legislation that preserves the ability of local, regional and state government to contract with private firms on a competitive basis to design projects. ENVIRONMENTAL QUALITY General Area of Review: Air. water and water quality, climate change. CEQA, integrated waste management, hazardous materials, coastal issues, and utilities. General Policy Statements: • Support legislation and funding to create a sustainable and stable water supply, encourage conservation of water resources and reduce urban runoff pollution. • Support legislation and funding for renewable energy and advanced technologies that reduce energy use while providing a public benefit that is greater than the cost of compliance. • Support legislation and funding for local government energy efficiency and renewable energy programs. • Support legislation and funding for recyclable materials markets while maintaining local authority and flexibility to regulate solid waste and recyclables. City -Specific Policy Statements: • Resolution No. 95-37 - Support legislation that provides adequate safeguards to ensure conservation of threatened and endangered wildlife resources while balancing significant quality of life and financial impacts on local communities. • Resolution Nos. 96-126 and 97-59 - Support legislation and funding for flood control and prevention programs, including those that affect Murrieta Creek and Temecula Creek. • Resolution Nos. 98-36 and 08-78 - Support legislation and funding for the development of new technology to promote clean fuel and combat air pollution while providing a public benefit that is greater than the cost of compliance. • Resolution No. 99-49 - Support legislation and funding for a safe, clean and reliable water supply for California. • Resolution No. 08-77 - Support legislation that reduces emissions from marine vessels affecting air quality while providing a public benefit greater than the cost of compliance. • Resolution No. 11-81 - Support legislation to expand wilderness areas that enhance local tourism and improve recreational opportunities for future generations. 4 HOUSING, COMMUNITY, ECONOMIC DEVELOPMENT General Area of Review: Land use, development, annexation and incorporation, building standards, economic development, redevelopment and enterprise zones, mobile home and sign regulations. General Policy Statements: • Support legislation and funding to strengthen the capability of local agencies to prepare, adopt and implement plans for responsible growth, development, zoning, and annexations. • Support legislation and funding for the adoption of effective state building codes to promote community building safety and mitigation of natural hazards. • Support legislation and funding for the adoption of effective and clear green building standards in the California Building Code while providing a public benefit that is greater than the cost of compliance. • Support legislation and funding programs that promotes the development and enhancement of safe, affordable, and accessible housing within the City for all economic segments of the population. • Support legislation and funding for improvements to housing element law to provide clear processes and flexibility to allow regional cooperation and establish realistic housing goals and performance standards. • Support legislation that promotes the fair and effective distribution of State infrastructure bond funds consistent with the needs of diverse local cities. • Support funding mechanisms that encourage and facilitate infrastructure development and economic development. • Support legislation that streamlines the redevelopment dissolution process with consistency and equitability. • Support legislation to retain existing fees on telecommunications services and for public, educational and governmental channels. • Oppose legislation to restrict the authority of cities to zone and plan for the deployment of telecommunications infrastructure. • Support legislation that promotes the ability of cities to maintain and manage the public right-of-way and receive compensation for its use. City -Specific Policy Statements: • Resolution No. 96-53 - Oppose legislation to prohibit the concurrent sale of fuel and alcohol negatively impacting local businesses. • Resolution No. 04-44 - Oppose legislation that limits the ability of local government to determine conditions for approval for local projects and transfers local land use authority to the State. • Resolution No. 04-83 - Support legislation exempting hot air balloons from PUC regulations that require accident liability insurance as commercial air operators and aircraft. • Resolution No. 10-64 - Support legislation that permits the shipment of wine directly to consumers without discrimination between in-state and out-of-state wine producers. 5 • Resolution No. 12-66 — Support legislation prohibiting bulk sales of real estate owned properties by the FHFA to investors converting them into rental properties. • Minute Order (8/23/11) — Oppose legislation for quarry projects within the City's boundaries or sphere of influence. PUBLIC SAFETY General Area of Review: Law enforcement, fire and life safety. emergency communications, emergency services, disaster preparedness, Indian gaming, and nuisance abatement. General Policy Statements: • Support legislation to provide a greater share of and increased latitude to spend asset forfeiture funds. • Support legislation to improve local law enforcement, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, and disaster preparedness. • Support legislation to reimburse the City for overtime costs paid to public safety personnel who are required to appear in State and/or County courts. • Support legislation to grant state and federal funding to supplement local law enforcement to increase staffing, equipment and capital improvements to maintain public safety. • Support legislation and funding to provide law enforcement/public safety agencies greater access to wireless communication necessary to support a national wireless broadband network capable of use by any public safety entity to serve and protect communities throughout the nation. • Support legislation and funding that promotes comprehensive and effective drug and alcohol education and rehabilitation programs. • Support legislation and funding to assist local law enforcement to reduce crimes related to illicit drugs, burglary, and assault, including domestic violence, and sobriety and driver's license checkpoints. • Support legislation to prohibit the manufacture, import, sale and use of dangerous synthetic substances that mimic marijuana, methamphetamine and heroin. • Support legislation that prevents juvenile access to alcohol and illegal drugs. • Support legislation to deter drivers from operating motor vehicles while under the influence of alcohol and drugs. • Oppose legislation to expand "early release" for low-risk serious and violent offenders without an increase in sustained funding to ensure responsible supervision by parole agents and for local agencies that provide post -release supervision. • Support legislation that provides frontline funding for police services associated with the "early release" of state prisoners as a result of state -mandated criminal justice realignment provisions. • Support legislation and funding to strengthen and enforce legal protections for all individuals who are victims of crime, including minors and victims of family violence and sexual assault. • Support legislation to maintain or increase funding for shelters, victim advocacy, trauma and crisis counseling and related mental health services, to assist victims of violent crime, especially minors and victims of family violence and sexual assault. 6 • Support legislation and funding to coordinate homeland security programs, training and emergency response efforts among federal, state, and local governments with clearly defined roles and responsibilities. • Support legislation and funding for Urban Area Security Initiative ("UASI") and other funding initiatives administered by the Department of Homeland Security to enhance the City's ability to respond to regional or national threats. • Support legislation and funding to secure adequate frequencies and communications systems for multi -jurisdictional connectivity for public safety and protect the frequencies from intrusion. • Support legislation to increase Emergency Management Performance grant funding retaining flexibility in use of funds for emergency preparedness training, disaster events and disaster communication efforts. • Support legislation and funding to treat and assist the needs of at -risk juvenile offenders and juveniles placed on court-ordered formal probation. • Support legislation and funding for programs that protect youth from tobacco, alcohol and drug use. and related prevention and intervention programs including gang prevention and after-school programs. City -Specific Policy Statements: • Resolution No. 97-87 — Support legislation and funding to promote and preserve the ability of local government to control public safety issues in their communities. (2015 — Oppose AB 718 (Chu): Vehicle Use for Human Habitation) • Resolution No. 02-71 — Support legislation and funding for the Emergency Alert System to inform the public of Amber Alerts and related information. • Resolution Nos. 02-73 and 04-22 — Support legislation and funding for public dissemination of information by the Department of Justice pursuant to Megan's Law. • Resolution No. 06-17 — Support legislation and funding to improve interactions between wireless service providers and law enforcement during emergency situations. • Minute Order (9/22/921 — Support legislation that provides municipal immunity for high speed pursuits. • Minute Order (1/11/94) — Support legislation that strengthens anti -pornography laws. • Minute Order (8/9/94) — Support legislation and funding for graffiti abatement programs. REVENUE AND TAXATION General Area of Review: Finance administration, taxation reform, general and special revenue and revenue sources at the federal, state and local levels. General Policy Statements: • Support legislation and funding for the preservation and enhancement of the City's ability to generate and retain sales and use tax revenue, and local point-of-sale revenue allocations. • Oppose legislation to reduce or remove tax-exempt status of municipal bonds. • Oppose legislation to alter the manner by which transient occupancy taxes are calculated and collected to the City's detriment. 7 • Support legislation and funding that preserves and enhances a positive business climate and maintains and grows the business tax base. City -Specific Policy Statements: • Resolution No. 91-26 — Support legislation that limits the ability to redistribute existing revenue sources amongst schools, cities, counties and special districts as a solution to address service levels. • Resolution No. 95-90 — Support legislation that ensures the equitable distribution of sales tax revenue between the state and local government, specifically cities. • Resolution No. 96-62 — Oppose legislation that restricts cities from generating new development revenues and erodes revenue generation and taxing authority of local government. • Resolution No. 02-26 — Oppose legislation limiting the ability of cities to decide how sales tax revenues are distributed for local vital and essential services. including police and fire protection. street repair and lighting, libraries, parks and other services. • Resolution No. 03-27 — Support legislation that preserves the ability to allocate revenue from the Indian Gaming Special Distribution Fund to local governments impacted by tribal gaming. • Resolution Nos. 91-41, 03-137, 08-82 and 10-22 — Support legislation that requires voter approval before the state can appropriate local tax funds to fund state operations and responsibilities or outwardly prohibits the borrowing or taking of such funds. • Resolution No. 04-64 — Oppose legislation diluting the amount of funds to counties and cities to mitigate impacts from tribal gaming. • Resolution Nos. 02-123 and 12-67 — Support legislation and funding that enhances or preserves current level of Vehicle License Fees (VLF) and protects VLF allocation to newly incorporated cities and cities with inhabited annexations that rely on VLF revenues. • Resolution No. 10-56 — Support legislation that provides tax benefits as an incentive for people to utilize public transit to commute to work. • Resolution Nos. 11-15 and 12-26 — Support legislation and funding that provides alternatives to the dissolution of redevelopment agencies in California. TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS General Area of Review: Transportation, construction, telecommunications and general public works related areas. General Policy Statements: • Support legislation to ensure the City receives its fair share of transportation revenue and increase funding for local transportation and transit programs and projects. • Support legislation to protect dedicated transportation -related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities, including the gas tax and bond funds. • Support legislation that gives priority to self-help and "super" self-help counties when allocating bond funding and other transportation funding mechanisms. • Support legislation to improve access and funding to public transportation. • Support legislation and funding mechanisms that support and encourage the use of transit and non -motorized transportation, 8 • Support legislation that enhances the safety of city streets and arterials for vehicular, bicycle, and pedestrian traffic. • Support legislation that will reduce traffic congestion and support regional transportation programs. • Support legislation and funding opportunities for upgrades and/or separations for at -grade crossings. • Support legislation that increases local flexibility in the allocation of transportation capital funds. • Support legislation that encourages the use of design -build methods to facilitate a faster, stream -lined approach to project delivery. • Oppose legislation to eliminate or restrict the use of Riverside County State Improvement Transportation Funds, federal transportation funding, Measure A, or Gas Tax funding for local transportation projects City -Specific Policy Statements: • Resolution No. 90-56 — Support legislation that creates flexibility for the use of all available State revenues for the maintenance and improvement of highway and mass transit projects without reducing funds for other state programs. • Resolution No. 97-79 — Support legislation and funding that ensures trucks entering and traveling through California meet U.S. safety and environmental standards. • Resolution No. 99-66 — Support legislation to allow state and local government agencies to use private architects and engineers thereby supporting the Fair Competition and Taxpayer Savings Act. • Resolution No. 04-23 — Oppose legislation that will limit or impose restrictions on the City compromising its ability to properly control, operate and maintain SR 79N and SR 79S. • Resolution No. 04-54 — Support legislation and funding for federal transportation infrastructure and programs. (2015 — Support SB 16 (Beall): Transportation Funding) • Resolution No. 04-127 — Support legislation and funding to improve local, state and federal infrastructure including highways, bridges, railways, transit systems, airports, harbors, water, and wastewater systems. • Resolution 09-36 — Support legislation and funding for the Federal Safe Routes to School (SRTS) program pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act, including funding for crossing guards, engineering improvements around schools, traffic calming measures, improved street crossings, sidewalks, bike lanes, and walkways to create safer routes to school. • Resolution No. 07-26 — Support legislation providing expedited review of projects by the Department of Transportation where local funds have been contributed towards a state highway project by local or regional agencies. • Minute Order (3/25/14) — Support legislation and funding that provides for bicycle and pedestrian infrastructure. 9 Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 9, 2018 SUBJECT: Approve Annual Boards and Commissions Handbook for Calendar Year 2018 PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council approve the annual Boards and Commissions Handbook for calendar year 2018. BACKGROUND: The City Council first approved the Boards and Commissions Handbook on February 26, 1991. The handbook was subsequently amended on April 25, 2006 to include additional appointment guidelines. On December 9, 2014, the City Council approved a wholesale update to the handbook to reflect changes in the law, current practices and procedures, and the general role and authority of board and commission members. The handbook is brought to the City Council annually at the beginning of each year ensuring that the document remains current while providing the City Council with an opportunity to consider any additional changes that may be desired. There are no substantive changes proposed to the 2018 handbook. Minor administrative changes include reference to the year and name/title changes for Council and staff. The 2018 Boards and Commissions Handbook will be distributed electronically to the City Council, Board and Commission Members and staff after final approval by the City Council. FISCAL IMPACT: None ATTACHMENTS: Handbook TABLE OF CONTENTS Section 1 Letter of Welcome Section 2 Role & Authority Section 3 Policies and Procedures Section 4 .. Relevant Municipal Code Sections Section 5........... ........... AB 1234 Ethics Training Section 6 ...............Statement of Economic Interest Section . ... Summary of Conflict of Interest Laws (CD) Section 8 Summary of Brown Act Laws (CD) Section 9 Summary of Public Records Laws (CD) Section10 ............................... Resource List SECTION 1 1 )41000 Main Street • Temecula, CA 92590 Phone (9511694-6444 • Fax (951 ) 694-6449 • www.cityofemecula.org City of Temecula Dear Board or Commissioner Member: On behalf of the City Council and the citizens of Temecula, welcome to your new or continuing role in the community. The City of Temecula is fortunate to have dedicated citizens like you who are willing to share their experience and knowledge through service on a City board or commission. The mission statement for the City of Temecula reads as follows: "The mission of the City of Temecula is to maintain a safe, secure, clean, healthy, and orderly community; to balance the utilization of open space, parks, trail facilities, quality jobs, public transportation, diverse housing, and adequate infrastructure; and to enhance and revitalize historic areas. The City will encourage programs for all age groups, utilize its human resources, and preserve its natural resources while stimulating technology, promoting commerce, and utilizing sound fiscal policy. It is the City Council's resolve that this mission will instill a sense of pride and accomplishment in its citizens and that the City will be known as a progressive, innovative, balanced, and environmentally sensitive community." As a board or commission member, you will play an important role in the achievement of this mission. Your ideas and advice on a variety of City issues will assist the City Council in fulfilling its responsibilities to our citizens. In addition, your service will give you an opportunity to increase your knowledge about municipal government operations and you will see the results of your work with fellow members put into action by the City Council, City Manager and City departments. Thank you for accepting this responsibility and challenge. Your service to our community is greatly appreciated. We hope that you will find your service as a board or commission to be both enjoyable and rewarding. Sincerely, Matt Rahn Mayor SECTION 2 THE COMMISSIONER'S ROLE AND AUTHORITY The primary role of the City boards and commissions is to encourage increased public input and citizen participation in the determination of City policies and procedures. City boards and commissions are not involved in the administration or operation of Crty departments. Board and commission members may not direct administrative staff to initiate programs, conduct major studies, or establish official policy without the approval of the City Council. However, City staff members are available to provide general staff assistance to boards and commissions. Despite boards and commissions differing tasks, all share some basic responsibilities_ Members need to stay informed on subjects of interest to their specific board or commission. The City Council of the City of Temecula encourages and provides opportunities for continuing education to assist the members of City boards and commissions in the conduct of their duties. Conscientious attendance is also a fundamental responsibility. as irregular attendance lessens one's ability to study all aspects of items under consideration. Three unexcused, consecutive absences constitute a vacancy of office. Upon appointment to a board or commission, staff from the City Clerks department will provide a formalized orientation to provide a thorough review of the Boards and Commissions Handbook: including the Brown Act and conflicts of interest A more detailed orientation related to specific board and commission issues will be addressed by the lead department. Each member of a board or commission is encouraged to • Occasionally attend City Council meetings • Attend another board or commission meeting to better understand roles and develop relationships • Make presentations at board or commission meetings • Participate in subcommittee opportunities • Participate in a board or commission self-assessmenl once a year All members are expected to regularly attend their respective board or commission meetings, and attend and support City special events. Community Services Commissioners are also expected to regularly visit all park sites and City facilities being mindful of their intended service to the public. CS Commissioners are encouraged to be engaged with a 'license to be creative' Planning Commissioners are also expected to have a firm understanding of the City's General Plan, the Zoning Code, and Standard Conditions of Approval. They are encouraged to visit properties that have submitted applications or are pending review. Planning Commissioners need to disclose their visits and observations at the public hearing on the matter in order so that the applicant has the opportunity to comment on whatever the Planning Commissioner may have observed. Old Town Local Review Board embers are also expected to have an understanding of the General Plan, as well as the Old Town Specific Plan, be familiar with the history of Old Town and regularly visit Old Town facilities. PubliclTraffic Safety Commissioners are also expected to exercise vigilance for traffic/safety hazards and reporting of graffiti; be proactive with respect to public safety and emergency management; become familiar with neighborhoods and communities; occasionally volunteer at DUI check points; and perform periodic inspections of and visits to City facilities. Incoming board and commissioner members are encouraged to utilize the following checklist in their first year of service to help them get more acquainted with the City, its values, operational structure, and their board or commission's primary area of focus: All Board or Commission Members: • Attend at least four City Council Meetings • Attend City Sponsored Special Events (i.e., Fourth of July Parade/Fireworks Celebration, Holiday Parade, Ribbon Cuttings/Dedication Ceremonies, etc.) ✓ Meet with the City Council Commission/Board Liaison to Review Role and Expectations ✓ Meet with the City Manager and/or Assistant City Manager to Review current City Priorities ✓ Meet with the City Clerk and/or Designee to Review Disclosure Filing and Ethics Training Requirements • Attend an HOA Meeting • Visit the Saturday Morning Old Town Farmer's Market Community Services Commission: • Visit each of the City's Park Sites 1 Visit each of the City's Community Service Facilities Planning Commission ✓ Attend a City Council Meeting that Includes an Item Pertaining to Planning Commission Review I Visit a development project approved within the past two years to review how the Conditions of Approval are being implemented and report back to the Commission Old Town Local Review Board • Attend Two or More Old Town Temecula Association (OTTA) Meetings • Visit the Temecula History Museum / Attend a Planning Commission Meeting that Includes an Item Pertaining to Old Town PubllclTraffic Safety ✓ Observe a DUI check point ✓ Visit each Fire Station ✓ Visit the Southwest Justice Center t Visit Each Police Storefront/Substation RULES AND REGULATIONS FOR CITIZEN MEMBERS It is not appropriate for individual members to present their personal views or recommendations as representing the board or commission unless such body has voted to approve such action. Members expressing views not approved by the majority of the board or commission should indicate their opinions are viewed as 'private citizens.- Individual opinions must be identified as such. Public statements should not include promises that may be construed to be binding on the Committee, City Council, or City staff. When making a public statement, members should indicate that board or commission actions are recommendations and that final action will be taken by the City Council. 2 Planning Commissioners should not express any views on projects that will come before the Planning Commission, The Planning Commission must provide due process for the applicants and this requires that Planning Commissions not express any bias or views on a project until all of the information on a project is presented to the Planning Commission at the public hearing and the applicant and the public have expressed their views on the project. Board or commission members may be selected on the basis of representing defined groups, however, each member should represent the overall "public good" and not an exclusive group or special interest. GUIDELINES. QUALITIES. AND ATTRIBUTES OF AN EFFECTIVE BOARD OR COMMISSION MEMBER • Be an informed citizen (knowledgeable about local affairs). • Have a good rapport with citizens. • Have a genuine concem for the community as a whole. • Be a good listener. • Relate well to other people, including other board or commission members. The success or failure of board or commission efforts may be dependent upon the degree of cooperation evident among the individual members of the body • Serve in another capacity prior to board or commission service (i.e. volunteer groups, non-profit organizations. service clubs, etc.) • Have the ability to accept decisions not of one's own personal view if that is the will of the majority. • In addition, each member should keep in mind these important points: • Show respect for another's viewpoint. Allow others adequate time to fully present their views before making comments. Be open and honest. Make new members welcome and help them become acquainted with their duties. Strive to minimize political action among members ROLE. AUTHORITY, AND STAFFING OF BOARDS AND COMMISSIONS The City Council is empowered to establish boards and commissions and to appoint members to assist the City Council in the conduct of City business. Members usually represent a cross-section of the community. No member of any board or commission shall be a City employee, nor shall any person be a member of more than one board or commission at any one time. The primary role of any City board or commission member is to review and make recommendations to the City Council on matters within their scope of responsibility and to promote increased public input and citizen participation in the determination of City policies and program implementation. 3 The specific role of City boards and commissions is to serve in an advisory capacity to ttie City Council, focusing attention on specific program areas of the City. The City Council may authorize certain "Commissions" to take final actions in prescribed areas. For example, the Planning Commission is authorized to grant final approval of certain projects and is required to provide a recommendation to the City Council on other projects. In addition, staff may bring venous projects to a board or commission for their review before taking that matter to the City Council for final approval. Boards and commissions serve as a principal reviewing body for specific matters referred to them by the City Council. All decisionshowever, are subject to review by the City Council Board and commission members are empowered by an appointment of the City Council and should represent the general interest of the City as whole and not specific program areas and their special interest groups. The City Council will appoint one Council Member to serve as Council Liaison to a particular board or commission. This Council person will be available to the board and commission members for individual consultation throughout the year. The Council liaison will attend at least one board or commission meeting annually to provide the board or commission opportunity to seek Council Liaison direction as a sitting body. Joint Meetings and Regular Reports to the City Council Each Board and/or Commission shall meet jointly with the City Council annually at a regularly scheduled City Council meeting as follows: 1" Meeting in January — Planning Commission and Old Town Local Review Board 2"0 Meeting in January — Community Services Commission 1" Meeting in February — Public Traffic / Safety Commission The annual joint meeting schedule may be adjusted from time to time depending upon the operational and organizational needs of the City and staff to include time sensitive items on the agenda. Dunng the annual joint meeting, each board and/or commission shall provide an overview of the previous year highlights, anticipated activities for the upcoming year, and take further direction from the City Council as necessary. In addition to the report at the annual joint meeting, the Commission Members present at each City Council meeting shall provide a verbal report on the status of their respective commission as a routine item on the regular agenda of one City Council meeting of every month. Appointments and Removals Chapter 2.40.050 of the Temecula Municipal Code, Citv Commissions Generalty provides that appointments are subject to the approval of a majonty of the City Council. A majority of the City Council may remove an appointee for good cause. The foffowing guidelines may be used in the appointment of board and commission members • Formal interview process with the Mayor and Council Liaison with standard core questions for both new candidates and incumbents. • Letters of recommendation and/or references with the application process are encouraged. • The Council Liaison will be encouraged to attend board or commission meetings to develop an overview of the incumbent board or commission member's performance. 4 • Absentee record of all board or commission members will become part of the incumbent performance review, with the understanding that if three absences occur within a 12 month period, the Council Liaison to that board or commission will be notified for further review. If these absences are not acceptable to the Council Liaison, a recommendation to the City Council will be made by the Faison for removal from the board or commission. This is in addition to the existing ordinance which stipulates that should any board or commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the commission. Additional guidelines for consideration of candidates who have served two full terms and apply for subsequent terms. Consideration of these candidates will be given only under the following guidelines: • The incumbent shall have served as Chair or Vice -Chair of their respective Board or Commission • The incumbent shall have served on at least one sub -committee. or special project, of their respective Board or Commission. Rules of Procedure/By-Law$ Rules of procedure or by-laws for the proper conduct of business should be adopted Organization and Officers As set forth in the by-laws, there shall be an annual election of a chairperson and vice -chairperson. The position of chairperson and vice -chairperson should be rotated among members on an annual basis. The Chairperson The Chairperson is the key to the entire group process. The Chairperson must balance being strong enough to make certain the meeting is conducted in an orderly fashion and democratic enough to use the power and authonty of the position wisely. The Chairperson's ability to handle meetings will have a significant impact on morale. operation, and effectiveness. The Chairperson must make sure that discussions do not gel sidetracked on minor issues and must have the ability to see the "whole picture". The most important duty of the Chairperson hes in his/her ability to find a common ground and achieve workable compromises if appropnate. The Chairperson must be able to represent the entire group to the City Council and community groups Minutes Minutes shall be taken for all board and commission meetings. The Council has provided that these minutes shall be "action minutes" and not "verbatim" which briefly describe the issues and actions taken. Minority opinions of members may also be recorded in the minutes if desired. Comments by all members on every agenda item cannot practicably be included in the minutes. Also. members abstaining for legal conflict of interest requirements are required to state their reason for recordation in the minutes. Minutes must be approved al a subsequent meeting and then become part of the City's official records in the office of the City Clerk 5 Development and Review of Board and Commission Goals and Department Policies The City of Temecula prepares and operates on an annual budget cycle. Boards and commissions are encouraged to annually review and comment on department programs and capital projects that may be related to their scope of interest. This evaluation is intended to focus attention an the overall program and service priorities and board and commission objectives; and is not intended to be an evaluation of the administration or operation of City departments. Involvement in Administrative Matters Boards and commissions should no become involved in the administrative or operational matters of City departments unless specifically provided in the prescribed powers and duties. Members may not direct staff to initiate major programs. conduct large studies or establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance. such as preparation of agenda materials, general review of department programs and activities, to perform limited studies. program reviews and other services of a general staff nature. Boards and commissions may not establish department work programs or determine department program prionties unless specifically authorized in their prescribed powers and duties. The responsibility for setting policy and allocating City resources rests properly with the City's duly elected representatives, the City Council, and cannot be delegated to an outside group, however capable and interested it might be. Communication with the City Council To avoid possible compromising situations, dunng a City Council meeting the invitation to individual board or commission members to address the Council on matters relating to their official capacity rests solely with the City Council. It should be emphasized that when asked to address the Council on a matter, the member should represent the viewpoint of the board or commission as a whole (not a personal opinion); unless a proper qualification is made. Workino with Other Members Members should make every effort to uphold their reputation for honesty, fairness. and openness with the citizens of the community. Each group will undoubtedly consist of diverse personalities; it is important that the board or commission work together to accomplish common goals Working with Staff Board or commission members are individually appointed by the City Council. City staff assigned to work with the groups report to the City Manager, who in turn, reports to the City Council. A department director or administrator usually arranges staff support for each group. If a board or commission member wishes to initiate a project that requires in depth staff involvement, it is necessary for the project to be placed on the board or commission agenda for discussion and recommendation to the City Council that the project be authorized. Staff may begin preparing the necessary reports and studies after the City Council has authonzed the project. Providing in depth staff support may require operational adjustments. Members are encouraged to be cognizant of the time involved on the part of staff in preparing requested studies and reports. Individuals should make every attempt to clarify differences and make certain that clear communication is taking place. The public meeting should not be used to express anger or disagreement. If differences cannot be resolved by this method, the Councilmember serving as Board or Commission Liaison and/or City Manager should be consulted to resolve the matter. h Staff Reports to Council on Board or Commission ActlonS On occasion, staff will be required to prepare an agenda report on either a board or commission action or appeal for City Council review. The staff member shoud present both the staff position and the board or commission's position in the report. The majority and minority viewpoints of the board or commission members should also be presented in the staff report. It is the desire of the City Council to have an opportunity to hear and consider an sides of an issue and alternative recommendations to assist in their decision-making process. Procedure for Handling Public or Appeal Hearings In some instances, commissions will have to conduct a public heanng, either on a major issue of concern to the community or on a permit application or appeal of a staff decision. It is recommended that the procedure established by the City Attorney be followed al all times dunng the conduct of these types of hearings Legal Assistance Some boards or commissions require the presence of a City Attorney. When there is doubt concerning the legality of an issue. the attorney should advise members as to the legality of the proposed action. Great care must be taken in the maintenance of records of the proceedings The direction of the City Attomey should be followed closely. When in doubt about the legality of a procedure, the board or commission should refrain from additional discussion and decision making until the legal opinion is rendered. If necessary, a hearing may be continued until matters can be clarified. The attomey must control the circumstances surrounding a particular matter since he/she may be required to defend the action in court. Council Review of Action Most actions and recommendations of boards or commissions may be appealed to the City Council for review and approval. Certain actions are final with the commission with no right of appeal. Public Appearance of Members When a board or commission member appears in a non -official, non -representative capacity before any public or private body, the member shall not identify or disclose his/her membership on a board or commission. If a question of membership anses, the member shall indicate that he/she is appealing and speaking only as an individual. There are significant legal restrictions on the ability of a board or commission member to appear before any board or commission of the City, and particularly his or her own board or commission. The City Attorney should be consulted in advance of any such appearance. Members should take particular care to comply with provisions of the Brown Act that governs open public meetings. While the staff provides the appropriate notice and agendas for board and commission meetings, individual members need to be careful that they do not discuss City business with other board or commission members, either together or one at at time, outside of a properly noticed public meeting. A summary of the major provisions and requirements of the Ralph M. Brown Act is included in this handbook. Board or Commission Members Running for Elective Office Members of the City's boards or commissions shall be permitted to retain membership on such appointive bodies while seeking any elective office. Members of appointive bodies shall not. however. use the meetings. functions or activities of such bodies for purposes of campaigning for elective office. There are also significant conflict of interest rules relating to campaign contributions to a board or commission member who is running for any elective office. Unlike members of the City Council, campaign contributions to board or commission members are considered as income and the conflict of interest rules apply to any board or commission actions involving a campaign contributor. These rules are described in the Conflict of Interest Handbook and the City Attorney should be consulted by any board or commission member who decides to run for any elective office. Board or Commission Positions on Ballot Proposals and Legislation Boards and commissions may review and make recommendations to the City Council on ballot proposals and legislation. The City Council shall review all such recommendations. Board or commission members shall only represent the majority positron of the City Council on such matters unless speaking as an individual or indicating a minority opinion. SECTION 3 Purpose: CITY OF TEMECULA City Clerk's Office PROCEDURES FOR BOARDS AND COMMISSIONS The City of Temecula has one board (Old Town Local Review Board) and three commissions (Community Services Commission, Planning Commission, and Public/Traffic Safety Commission). The Municipal Code of the City of Temecula contains general provisions which govem the City's commissions. Chapter 2.40 is City Commissions and relates to the Planning Commission, Chapter 2.44 is Public/Traffic Commission, and Chapter 2,48 is Community Services Commission. The Planning Commission is also subject to statutory provisions pursuant to law. This document generally governs the City Clerk's office procedures regarding boards and commissions. 1. COMMUNITY SERVICES COMMISSION • The Community Services Commission meets on the second Monday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall, The Community Services Commission reviews and makes recommendations to the City Council concerning the Parks and Recreation Element of the General Plan and works with the Temecula School Distnct, other City Departments, and community groups to provide parks and recreation services and programs for the community. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 2. PLANNING COMMISSION • The Planning Commission meets on the first and third Wednesday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Planning Commission serves as the designated planning agency for the City of Temecula and considers current planning matters such as subdivisions, specific plans. zone changes. plot plans and conducts public heanngs as required by law. The Commission is also charged with preparation of the General Pian of the City and advising the City Council on all matters concerning City planning. Members of this commission are required to be a resident of the City of Temecula and a registered voter The terms are three years each with staggenng expiration dates 3. PUBLIC/TRAFFIC SAFETY COMMISSION • The Public/Traffic Safety Commission meets on the fourth Thursday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The PubliclTraffic Safety Commission makes recommendations to the City Council on traffic matters within the City such as speed zones, stop signs and signals. pavement markings, traffic design and engineering. The Commission also recommends traffic enforcement measures and coordinates City activities with the CHP, Shenff, County Road Department, and other regional traffic management and planning agencies. In addition, the commission makes recommendations to the City Council concerning law enforcement, fire suppression and prevention, and disaster planning for the City of Temecula. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 4. OLD TOWN LOCAL REVIEW BOARD • The Old Town Local Review Board meets on the second Monday of each month. The meetings are held at 9:00 AM in the Great Oak Conference Room at City Hall. The Old Town Local Review Board is established by the Old Town Specific Plan and has responsibility for serving as an advisory resource to all agencies of the City in matters pertaining to the historic significance and related architectural themes of the histonc district The board is also charged with encouraging public understanding and appreciation of the unique architectural, environmental. and cultural heritage of the district through educational and interpretive programs. Members of this board are required to be a registered voter. The terms are three years each with staggering expiration dates. 5. APPOINTMENT OF BOARD AND COMMISSION MEMBERS • The City Council is the appointing body for the City's board and commissions. When a vacancy occurs, whether it is by expiration of term, resignation or other circumstance, the City Council shall fill that vacancy through appointment. o Scheduled Vacancy - Three months prior to a board or commission term expiring, a notice shall be published in a local newspaper of general circulation and posted at the City's designated posting locations (Temecula Library, Chamber of Commerce and Civic Center) pursuant to the Government Code. In addition, the vacancy shall be advertised on the City's website and PEG Channel. Flyers shall be available in the City Hall lobby and distributed at various City -affiliated events Email lists, such as Constant Contact. press releases and social media shall also be used to promote the vacancy. Unscheduled Vacancy - In the event of an unscheduled vacancy. occurring by resignation or other circumstance. the 'Special Notice of Vacancy" shall be immediately posted and published pursuant to Government Code 54974. In addition, the unscheduled vacancy shall be advertised utilizing the same methods as identified above for scheduled vacancies • Unless otherwise indicated. a vacancy shall be advertised for no less than a thirty (30) day penod from the date of publication • If multiple vacancies occur on a board or commission within sixty (60) days of one another, the City Council may at its discretion consider those vacancies jointly without readvertisement. • The City Clerk shall provide incumbent commission member(s) with a notification letter advising of the upcoming expiration and inviting them to reapply • Applications received will be processed in the following manner. Completed applications shall be submitted on the Application for Commission and Board Appointment, which will be available and accepted in the City Clerk's Office until the closing date as indicated on the notice. The City Clerk will provide a non -redacted set of qualified applications to the subcommittee of two council members, consisting of the mayor and the commission liaison for that particular commission, identifying the dates the recommendation is due and the City Council meeting at which the appointment will be considered. A non -redacted courtesy copy of all applications shall also be sent to the entire City Council. The subcommittee may conduct applicant interviews as they deem appropriate. The recommendation of the ad hoc subcommittee is then presented as an agenda item at a City Council Meeting where a majonty vote is required for appointment. The general timeline for scheduled vacancies is as Follows ,lune Vacancy March 1' April 11 May 1 S' May June Notice of Vacancy is Posted. Published and Advertised Application Packet to Subcommittee for Recommendation Recommendation Received from City Council Recommendation Considered/Appointment Made at 2 ° City Council Meeting in May New Board or Commission Member Seated at Board/Commission Meeting Following Expiration of Prior Term October Vacancy July 1 si August 1 S' September 1" September October Notice of Vacancy is Posted, Published and Advertised Application Packet to Subcommittee for Recommendation Recommendation Received from City Council Recommendation Considered/Appointment Made at 2"° City Council Meeting in September New Board or Commission Member Seated at Board/Commission Meeting Following Expiration of Prior Term • After the appointment is made. the City Clerk shall send a congratulatory letter to the new member(s) and coordinate new member orientation. The City Clerk shall also send a letter to the unsuccessful applicants notifying them of the appointment and inviting them to reapply for future vacancies. The City Clerk shall swear in the new member(s) at the next regularly scheduled board or commission meeting, present a Certificate of Appointment and have the new member(s) sign an Oath of Affirmation. • If an incumbent applies and is not reappointed. the City Clerk shall send a letter to the unsuccessful incumbent notifying them of the new appointment and inviting them to the next regularly scheduled City Council meeting for presentation of a Certificate of Appreciation thanking them for their service to the City If desired, the Certificate of Appreciation may also be mailed to the incumbent. 3 6. ORIENTATION OF NEW BOARD OR COMMISSION MEMBERS • Each new board or commission member shall receive a new member onentation. The onentation shall be coordinated through the City Clerk and include the following: City Manager 1 City Council - Welcome on Behalf of the City and City Council City Clerk - General Review of Commission Handbook. Review and Completion of Statement of Economic Interests (Form 700), Review of AB 1234 Ethics Training Requirements Human Resources - Review and Completion of Personnel -Related Materials City Department for Board/Commission - Introduction to Relevant Staff Members, Overview of Meetings and Board/Commission Makeup, Review of Pending Topics that Fall Under the General Jurisdiction of the Specific Board or Commission 7. REMOVAL OF BOARD AND COMMISSION MEMBERS • The City's Municipal Code. specifically Section 2.40.050, govems the removal process for any board or commission member and specifically states that a majority of the City Council may remove an appointee for good cause. In addition, under Section 2.40 090. a position is declared vacant when a member is absent from three consecutive meetings without excuse. 8. ANNUAL, POSTING OF COMMISSIONERS • Pursuant to Govemment Code Section 54972 (Maddy Act), on or before December 31 of each year, the City Clerk's office shall prepare and post the Local Appointments List. The list shall be posted on the City Hall posting board and on the City's website. The list shall be periodically updated to reflect the appointment of new board and commission members 9. TRAINING FOR BOARD AND COMMISSION MEMBERS • From time to time the City Clerk shall coordinate a citywide boards and commissions training in conjunction with the City Council, City Manager, City Attorney and Department Directors who serve as liaisons to the respective board and commissions. The training may cover a variety of topics, including but not limited to, the Commission Handbook, AB 1234 ethics training, conflicts of interest. Brown Act, and board and commission member roles. The training shall be noticed pursuant to the Brown Act 10. RECOGNITION OF BOARD AND COMMISSION MEMBERS • The City Clerk's office shall coordinate an annual recognition event for board and commission members. Typically, the event shall occur in September and be held at the Conference Center. Procedure No. 014 Last Revised August 2017 4 SECTION 4 RELEVANT MUNICIPAL CODE SECTIONS fCurrent as of January 2018) Chapter 2.40 CITY COMMISSIONS GENERALLY 2.40.010 Commission established. There shall be established within the city a planning commission. For purposes of state planning law, the planning commission shall serve as the planning agency, unless another official or body is specifically designated to perform that function or make a particular decision as provided by ordinance of the city. Division of land use decisionmaking authority shall be as set forth in Ordinance No. 92-14. The city council may establish by ordinance and resolution such other commissions as it deems necessary. (Ord. 93-04 § 10: Ord. 90-02 § 1 (2.06.010)) 2.40.020 Number of members. Unless otherwise specifically provided, each commission shall consist of five members. (Ord. 90-02 § 1 (2.06.010)) 2.40.030 Qualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the city council, all members of commissions of the city shall, at all times during their incumbencies, be bona fide residents and registered voters of the city. No member of any commission shall be a city employee, nor shall any person be a member of more than one commission at any one time. (Ord. 96-08 § 2: Ord. 90-02 § 1 (2.06.030)) 2.40.040 Applications. The city clerk shall maintain all applications submitted to the city for commission positions for a period of two years. (Ord. 90-02 § 1 (2.06.040)) 2.40.050 Members—Appointment and removal. Members of each commission shall be nominated by an ad hoc committee of two council members subject to the approval of a majority of the city council. A majority of the council may remove an appointee for good cause. The chairperson and vice -chairperson of each commission shall be selected by a majority of the membership of that commission. (Ord. 2000-08 § 2: Ord. 90-02 § 1 (2.06.050)) 2.40.060 Term. The term of each commission member shall be three years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of three years; two for terms of two years; and two for terms of one year; such terms to be determined by drawing lots. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 90-02 § 1 (2.06.060)) 2.40.070 Vacancies. If vacancies in any commission occur, other than by expiration of term, such vacancies shall be filled by appointment for the unexpired portion of the term. (Ord. 90-02 § 1 (2.06.070)) 2.40.080 Meetings/quorum. The city council shall establish meeting schedules for each commission by resolution. A quorum of three shall be required for the transaction of any business. (Ord. 90-02 § 1 (2.40.080)) 2.40.090 Absence from meetings. Should any commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the city council, that member shall vacate his or her seat on the commission. The vacancy shall be filled in the same manner as any other vacancy. (Ord. 90-02 § 1 (2.06.090)) 2.40.100 Compensation. City commissioners shall receive monthly compensation as follows: Planning commission Public traffic/safety commission Community services commission $50.00/meeting attended 50.00/meeting attended 50.00/meeting attended (Ord. 01-12 § 1: Ord. 01-11 § l: Ord. 01-05 § 2, 2001: Ord. 99-09 § 1: Ord. 96-09 § 2: Ord. 90-02 § 1 (2.06.100)) Chaoter 2,44 PUBLIC/TRAFFIC SAFETY COMMISSION 2.44.010 Established. Pursuant to Section 2.40.010, there is created an advisory commission to the city council which shall be known as the Temecula public/traffic safety commission. (Ord. 93-18 § 1 (12.01.010): Ord. 92-17 § 1 (12.01.010)) 2.44.020 Composition and membership. The public/traffic safety commission shall consist of five members appointed by the city council pursuant to Section 2.40.050. No officers or employees of the city or person under an employment contract subject to the jurisdiction of the city council shall be members of such commission. (Ord. 93-18 § 1 (12.01.020): Ord. 92-17 § 1 (12.01.020)) 2.44.030 Terms of office. Terms of office for public/traffic safety commissioners shall be three years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of one year; two members for terms of two years; and two members for terms of one year, such terms to be determined by the drawing of Tots. At the completion of any term a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 93-18 § 1 (12.01.030): Ord. 92-17 § 1 (12.01-.030)) 2.44.040 Time and place of meetings. The public/traffic safety commission shall establish a regular date, time and place for commission meetings, which shall be open to the public. Such meetings shall occur no Tess frequently than once a month. (Ord. 93-18 § 1 (12.01.050): Ord. 92-17 § 1 (12.01.050)) 2.44.050 Powers and duties. The public/traffic safety commission shall advise the city council on all matters subject to the jurisdiction of the council pertaining to the public and traffic safety. The duties of the public/traffic safety commission shall be established by resolution of the city council. (Ord. 93-18 § 1 (12.01.060): Ord. 92-17 § 1 (12.01.060)) 2.44.060 Public hearings. Whenever the commission determines, by a two-thirds majority of those members present, that its deliberations with respect to a particular matter or matters would be substantially aided by the presentation of testimony from the citizens of the city, or of a certain area of the city, the commission may direct a public hearing be held concerning such matter or matters. Notice of such a hearing shall be provided by publication in a newspaper of general circulation published in the city, and/or by posting the same in at least three public places, not later than seven days prior to the date of the hearing. Such hearings shall be conducted in accordance with the rules established for the conduct of hearings before the city council unless the council, by resolution, shall otherwise provide. (Ord. 93-18 § 1 (12.01.070): Ord. 92-17 § 1 (12.01.070)) 2.44.070 Staff assistance. The city manager shall ensure that adequate staff will be allocated to provide necessary technical and clerical assistance to the commission. (Ord. 93-18 § 1 (12.01.040): Ord. 92-17 § 1 (12.01.040)) Chanter 2.48 COMMUNITY SERVICES COMMISSION 2.48.010 Established. There is established a Temecula community services commission. (Ord. 93-06 § 1 (13.01.010): Ord. 90- 05 § 1 (13.10.010)) 2.48.020 Time and place of meetings. The time and place of the meetings of the Temecula community services commission shall be established by resolution of the commission. (Ord. 93-06 § 1 (13.01.020): Ord. 90-05 § 1 (13.01.020)) 2.48.030 Powers and duties. The duties of the Temecula community services commission shall be established by resolution of the city council. (Ord. 93-06 § 1 (13.01.030): Ord. 90-05 § 1 (13.01.030)) SECTION 5 I INSTITUTE FOR �LOCAL GOVERNMENT PUBLIC SERVICE ETHICS State Ethics Training Requirements For Local Officials: Frequently Asked Questions (FAQs) 9/04/12 Edition Overview of Requirement 1. What requirements does AB 1234 create regarding ethics training for local officials? The basic thrust of AB 1234 is to require covered officials (see next question) to take two hours of training in ethics principles and laws every two years.' Who's Covered 2. Who must receive mandatory ethics training? Basically the requirement applies to those elected or appointed officials who are compensated for their service or reimbursed for their expenses_- The specific trigger for this requirement is whether the agency either compensates or reimburses expenses for members of any of its Brown Act covered bodies; if it does. then all elected and appointed "local agency officials" (as defined) must receive this training.? "Local agency official" means any member of a legislative body or any elected local agency official who receives compensation or expense reimbursement.' "Local agency" means "a city, county, city and county. charter city. charter county. charter city and county. or special district."` Thus the training requirement does not include agencies on which local officials serve (for example, redevelopment agency governing boards or joint powers agencies), although many such officials will likely be covered by virtue of their status with cities, counties and special districts. Note that it also docs not include school districts. Note that local agencies also have the option of requiring certain employees to rect a%c this training.' 1400 K Street Suite 205 • Sacramento, CA 95814 • 916 658 8208 F 916 444 7535 • www ca-dg-orp 1 State Ethics Training Requirements For Local Offich-ils FAQs September 2012 3. What if an agency has a number of board members and commissioners who could theoretically get reimbursed for such expenses but as a practical matter haven't been for a long time? Determining whether such officials should receive such training involves a judgment call in consultation with one's agency attorney. Some agencies are rethinking whether they want to reimburse the members of all their commissioners and board members or be more selective. Another consideration is whether the nature of such officials' duties are such that the official would benefit from such training and the agency would benefit from having this official be trained (in terms of reducing the likelihood of missteps). Another approach is for an agency to identify all commissioners and board members that have been reimbursed and for compensated in the past year and notify them of their need to receive training. For others who haven't been reimbursed and/or compensated, the expense reimbursement forms required by AB 12341 could include an advisory which alerts board members and commissioners of the need to get training if they are seeking reimbursement for expenses. 4. What about those who serve on multiple local agency bodies? The official only has to satisfy the requirement once (within one year of taking office and every two years after that). Institute for Local Government Istiftakiligg 2 State Ethics Training Requirements For Local Officials. FAOs September 2012 5. Can AB 1234's ethics training requirements constitutionally apply to charter cities? Many city attorneys are not convinced that AB 1234 contains the necessary findings to make it applicable to charter cities, although the bill purports to apply to charter cities by including charter cities within the definition of local agency. However. a number of charter cities already have such training programs and'or think they would be helpful and hence. are voluntarily complying with the spirit of AB 1234. Such an approach may reflect well on a city and city officials should the local media inquire about city officials' compliance with AB 1234. Timing and Deadline Issues 6. By when must an official receive such training and how often again after that? • Officials in Service as of January 1, 2006. Except for officials whose term of office ends before January 1, 2007, those in office on January 1. 2006 must receive the training before January 1, 2007.10 After that, they must receive the training at least once every two years. II Officials whose term of office ends before January 9. 2007 were excused."- • Those Beginning Service After January 1, 2006. Those who enter office after January 1, 2006 must receive the training within a year of starting their service. They must then receive the training every two years after that. I' Rconable attorneys disagree how the "every two years" requirement should he interpreted. One interpretation would be that, if an official received the required training on May 15, 2011, the official would need to receive training again on or before May 14, 2013. Another would be that this same official satisfied the requirement in 2011 and nexxls to again satisfy the requirement in 2013. Institute for Local Government www ca-IIu erg 3 State Ethics Training Requirements For Local Officials FAQs September 2012 Compliance and Enforcement 7. How do officials demonstrate compliance with the mandatory ethics requirements? V4'hen local aKency officials reserve the training, they will be given proof of participation. T{ Copies of these certificates must be provided to the agency's custodian of records and maintained as public records subject to disclosure to the media, the public and others for at least fav a years. l s 8. What is the enforcement mechanism to assure that Local officials receive such training? The new law is directory; there is no specific penalty for failing to complete the required training.1° Presumably there will be a periodic public records requests by the media, candidates and others to verify which officials have and have not met the requirements. Local agencies are using a variety of techniques to encourage compliance. Options include: 1. Circulate a List of Complying and Non -complying Officials within the Agency. Putting who has (and who has not) complied in writing along with a reminder that the agency is expecting media and other inquiries may be one way to encourage compliance. This list can be circulated to officials with a thank you to those who have satisfied the requirement and a list of options for compliance for those who have not. 2, Create a Financial Penalty. Another option for encouraging compliance is to adopt a policy that officials who have not complied with their AB 1234 training requirements will not be eligible to have their expenses reimbursed 3. Make Compliance a Condition of Agency Service for Appointees. In situations where the non-compliant official is an appointee, a local policy could provide the appointment be either rescinded or that the non- complying individual is ineligible for re -appointment. 4. Post Certificates on Agency's Website. The agency can post scans of those within the agency who have complied with the requirement, which also lets the media and the public know how the official satisfied the training. Institute for Local Government www.ca-dn or 4 State Ethics 1 raining Requirements For Local Officials: FAOs September 20i2 Content Issues, Options for Satisfying the Requirement and Trainer Qualifications 9. Where can local officials get this training? Local agencies must provide covered officials with a list of options for satisfying this requirement at least once a year. x The training can occur in-person. online or on a self -study basis (read materials and take a test). jc Agencies are not required to provide the training themselves, although a number may choose to do so. A variety of organizations offer such training (including law firms and nonprofit organizations). In addition, there are self -study materials available from the Institute for Local Government's website (www.ca-Ilg.org'AB1234c m Iiancc) as well as a free online course at httn.r,'localhics.fppc. a.gpv or jtttp:,/www.localctbics.fppc.ca.teov that the Institute developed in collaboration with the FPPC. The Institute also has matenals for in-huuse counsel and others who are interested in offering such training. 10. How do people or organizations become certified as AB 1234 ethics trainers? Strictly speaking, they don't. The Attorney General and FPPC have adopted guidelines for course curriculum accuracy and sufficiency, but there is no trainer - certification requirement.''" The Attorney General's guidelines require that the cthics law portion of AS 1234 training be given only by attorneys licensed to practice law in California and knowledgeable about California's ethics laws. 11. What issues must AB 1234 ethics training programs address? The training, must cover general ethics principles relating to public service and ethics laws."' "Ethics Taws" are defined as including:" • Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws); Laws relating to office -holder perks, including gifts and travel restrictions, personal and political use of public resources and prohibitions against gifts of public funds; Institute fa Local Government www ca ilg org 5 State Ethics Training Requirements For Local Officials FAQs September 2012 • Governmental transparency laws, including ftnancial disclosure requirements and open government laws (the Brown Act and Public Records Act); • Law relating to fair processes, including fair contracting requirements, common law bias requirements and due process. The Institute has materials to address these issues. The ILG resources can be found al www.ca-ilg.org-AB 1234compliance. Given the breadth of the subjects that need to be covered, the goal of the training cannot be to teach local officials the law in each of these areas. Instead the goal needs to be to acquaint local officials with the fact that there are laws that govern their behavior in each of these areas, to motivate officials to comply with such laws (among other things by explaining the consequences of missteps) and to alert them on when they need to seek the advice of qualified legal counsel when issues arise with respect to such laws. Note that the Attomey General's Guidelines allow those who have taken the initial overview course to go deeer into certain aspects of ethics law in subsequent compliance efforts. - 12. Can I get State Bar minimum continuing legal education (MCLE) credit for attending AB 1234 training? Yes. AB 1234 training is eligible for MCLE participatory credit,` provided the training complies with MCLE requirements. It is not, however, eligible for MCLE legal ethics credit.'` Brown Act Compliance 13. Must an AB 1234 training session that will be attended by a quorum of a legislative body comply with the Brown Act? The consensus appears to be that the Brown Act applies and therefore, the meeting must be open to the public and properly noticed. The Brown Act requires regular "meetings" of "legislative bodies" of local public agencies be open and public.-`' A "meeting" is any congregation of a majority of the members of a legislative body at the same time and place to hear. discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains."- Theoretically, it is possible for a majority of the members of a legislative body to attend an AB 1234 training session without triggering the Brown Act provided that they neither hear Institute for Local Government se atsa-ilo oro 6 State Ethics Training Requirements For Load Officials: FAQs _ September 2012 nor discuss any topic that arguably comes within the legislative body's subject matter jun sdiction. The goal of AB 1234 training, however, is to acquaint local officials with the laws that govern their behavior and motivate them to comply with such laws. In Tight of this goal, it is highly likely that training attendees will ask questions related to matters within the legislative body's subject matter jurisdiction. Accordingly, the Institute believes that the best course of action is to comply with the Brown Act. Note that AB 1234 training that occurs at conference sessions are subject to the conference session exception to the Brown Act. 'a Cal. Gov't Code 4 53235(a). (b). The language is potentially confusing on this point_ The new law says that if a local agency provides any type of compensation or reimbursement for members of its legislative bodies, then all `local agency officials" must receive training. See Cal_ Gov't Code § 53235(a). But the definition of "focal agency official- means any member of a local agency legislative body or any elected official who receives any type of compensation ...or reimbursement for actual and necessary expenses incurred in the performance of official dunes." See Cal. Gov't Code § 532344ck1). r Cal. Gov't Code 4 53235(a) ("If a local agency provides any type of compensation, salary, or s spend to a member of a legislative body. or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties. then all local agency officials shall receive training in ethics purses tit to this article"); 4 532344a) (defining legislative body by reference to the Brown Act, Government Code section 549521 a Cal. Gov't Code 4 53234(cx 1). s CaI. Gov't Codc 4 53234(b). Cal. Gov't Code 4 53234(cX2). 7 Cal. Gov't Code 4 53232.3(a). See Cal. Gov't Code 4 53233.1(c). ° Cel. Gov't Code 4 53234(4 "'See Cal. Gov't Code 4 53235.1(0. " See Cal. Gov't Code 4 53235.1(a). 12 Cal. Gov't Code 4 53235.1(a). 13 See Cal. Gov't Code 4 53235.1(b). The law requires that subsequent training occur "at least once even two years' Some agencies interpret this to mean that training may occur in successive 'v.0 year rictiods, not necessarily before the two year anniversary of the last training_ This is an area where uibaaruia] compliance based an the spins of the law should he sufficient. '4 Cal. Gov't Code 4 53235.1(e). is Cal. Gov't Code $ 53235.2. 16 Cal. Govt Codc 4 53235.2. " Note: in addition to maintaining records on compliance with the minimum standards imposed by AB 1234. local agencies may also want to maintain records of any additional training local agency officials received. This will enable those inquiring to ascertain the agency's and individual's full scope of commitment to understanding the ethical and legal obligations associated with public service. is Cal. Gov't Code 4 532351t). 1° Cal. Gov't Code 4 53235(d). ° See Cal. Gov't Code 4 53235(c), The FPPC adopted it's guidelines as a Teaulatton'0 and the Attorney General issued General Guidelines on Course Acctuacv and Sufficiency which are available on the Department of Justice website: bun:; icawe.state.c.usrethics'eth tut: euide firtal.ptji A summary of the state's guidelines for training is also available at www.ca-ilLor&&AB1234compliance. Institute for Local Government w sneer-rlo.ory 7 State Ethics Training Requirements For Local officials FAQs September 2012 Cal. Gov't Codc ¢ 53235(b). '' Cal. Govt Cock 4 53234(d)_ 13 See Attorney General Guidelines, bottom of page 3. available at t ca ><or site 'alI fikspdfs'ethtcsrethlue guidc_,f laLbd(' 14 State Bar's response to an inquiry by the Institute, November 6, 2006. s !d. ss Cal. Gov't Code a 54953. Cal. Gov't Code § 54952.2 (emphasis added). ° CaI. Gov't Code * 54952?IcX2) IConference must be open to the public and attendees must be mindful of restrictions on discusing items with colleagues). Institute for Local Government www.ca-lotto 8 SECTION 6 2016/2017 Statement of Economic Interests Form 700 A Public Document Also available on the FPPC website: • Form 700 in Excel format • Reference Pamphlet for Form 700 California Fair Political Practices Commission Email Advice: advice@fppc.ca.gov Toll-free advice line. 1 (866) ASK-FPPC • 1 (866) 275-3772 Telephone: (916)322-5660 • Website: www_fppc.ca.gov December 2016 laces Ntw Gift Limit Increase The grit limit increased to 5470 for calendar years 2017 and 2018 The gift limit during 2016 was 5460 Gifts of Travel If an individual receives a payment that is a reportable gift for travel taken on or after January 1. 2016, he or she must disclose the travel destination (See Schedule E instructions for other details that must be disclosed ) 1440 must file: • Elected and appointed officials and candidates listed in Government Code Section 87200 • Employees, appointed officials, and consultants filing pursuant to a conflict of interest code ('code filers') Obtain your disclosure categories, which describe the interests you must report, from your agency: they are not part of the Form 700 • Candidates running for local eiedive offices that are designated in a coned of interest code (e.g. county sheriffs, city clerics, school board trustees and water board members) Exception: Candidates for a county central committee are not required to file the Form 700. • Members of newly Created boards and commissions not yet covered under a conflict of interest code • Employees in newly created positions of existing agencies See Reference Pamphlet page 3, at www Ippc ca gov 14144t to fila: 87200 Filers State offices Judicial offices Retired Judges County offices City offices Mufti -County offices • Your agency • The clerk of your court Z Directly with FPPC • Your county filing official Z Your City clerk Z Your agency Code Filers — Stale and Local 011lelels, Employees, and Consultants Designated In a Conflict of Interest Code: File with your agency, board. or commission unless otherwise specified in your agency's code (e.g., Legislative staff files directly with FPPC). In most cases. the agency board, or commission will retain the statements Members of Boards and Commissions of Newly Created Agencies: File with your newly created agency or with your agency's code reviewing body. Employees in Newey Cnatd Positions of Existing Agencies: File with your agency or with your agency's code reviewing body See Reference Pamphlet. page 3 Candidates: File with your local elections office How to file: The Form 700 is available at wwwfppc.ce.gov. Form 700 schedules are also available in Excel format All statements must have an original' wet' signature or be duly authorized by your filing officer to fie electronically under Government Code Section 87500 2 Instructions examples, FAQs and a reference pamphlet are available to help answer your questions W ee% to file: Annual Statements March 1, 2017 - Elected State Officers - Judges and Court Commissioners State Board and State Commission Members listed n Government Code Section 87200 Z April 3, 2017 • Most other filers Indrvrduals filing under conflict of interest codes in city and county Jurisdictions should verify the annual fling date with their local filing officers. Statements postmarked by the filing deadline are considered fled on time. Assuming Office and Leaving Office Statements Most filen file within 30 days of assuming or leaving office or within 30 days of the effective date of a newly adopted or amended conflict of interest code E xception tf you assumed office between October 1 2016 and December 31, 2016, and filed an assuming office statement you are not required to file an annual statement until Marra 1, 2018, or April 2, 2018. whichever is applicable The annual statement will cover the day after you assumed office through December 31, 2017 See Reference Pamphlet, pages 6 and 7, for additional exceptions Candidate Statements File no later than the final filing date for the deciarabon of candidacy or nomination documents Amendments Statements may be amended at any time You are only required to amend the schedule that needs to be revised It is not necessary to amend the entire filed form. Obtain amendment schedules at www fppc ca gov There is no provision for filing deadline extensions unless the filer is serving in active military duty. Statements of 30 pages or less may be faxed by the deadline as long as the ongrnally signed paper version is sent by first class mail to the filing official within 24 hours, Introduction The Political Reform Act (Gov Code Sections 81000- 91014) requires most state and local government officials and employees to publicly disclose their personal assets and income. They also must disqualify themselves from participating in decisions that may affect their personal economic Interests. The Fair Political Practices Commission (FPPC) is the state agency responsible for Issuing the attached Statement of Economic Interests. Form 700, and for interpreting the law's provisions. Gift Prohibition Gifts received by most state and local officials, employees. and candidates are subject to a Amit Dunng 2015 and 2016 the gift limit was S460 from a single source per calendar year For years 2017-2018. the limit Increased to $470 from a single source during a calendar year In addition state officials. state candidates, and certain state employees are subject to a S10 limn per calendar month on gifts from lobbyists and lobbying firms registered with the Secretary of State. See Reference Pamphlet, page 10 State and local officials and employees should check with their agency to determine rf other restnctions apply Disqualillcatlon Public dM are under certain circumstances, required to disqualify themselves from making participating in, or attempting to Influence governmental decisions that will affect their economic interests This may Include interests they are not required to disclose 11 e a personal residence is often not reportable but may be disqualifying) Specific disqualification requirements apply to 87200 filers (e.g., city councilmembers, members of boards of supervisors.. planning comm stoners, etc.) These officials must publicly identify the economic interest that creates a conflict of interest and leave the room before a discussion or vote takes place at a public meeting For more information. consult Government Code Section 87105 Regulation 18707. and the Guide to Recognizing Conflicts Of Interest et www fppc.ca gov Honorarium Ban Most state and local officals. employees, and candidates are prohibited from accepting an honorarium for any speech given, article published, or attendance at a conference, convention, meeting. or like gathering See Reference Pamphlet. page 10 Loan Restrictions Certain state and local officials are subject to restnctions on loans See Reference Pamphlet page 14 Post -Governmental Employment There are restrictions on representing clients or employers before Former agencies The provisions apply to elected state officials, most state employees, local elected officials. county chief administrative officers. city managers. including the chief administrator of a city, and general managers or chief administrators of local special distncts and JPAs The FPPC website has fact sheets explaining the provisions Late Filing The filing officer who retains ongrnaty-signed or electronically filed statements of economic interests may repose on an individual a fine for any statement that is lied Late. The fine is $10 per day up to a maximum of $100, Late filing penalties may be reduced or waived under certain circumstances Persons who fail to tirnety file their Form 700 may be referred to the FPPC's Enforcement Division (and, in some cases to the Attorney General or district attorney) for investigation and possible prosecution. In addition to the late filing penalties a fine of up to S5,000 per violation may be imposed For assistance concerning reporting, prohibitions and restnctions under the Act • Email questions to advice©fppc ca gov • Call the FPPC toll-free at (866) 275-3772 Form T00 is a Public Document Public Access Must Be Provided Statements of Economic Interests are public documents. The filing officer must permit any member of the public to inspect and receive a copy of any statement • Statements must be available as soon as possible dunng the agency's regular business hours, but in any event not later than the second business day after the statement is received Access to the Form 700 is not subject to the Public Records Act procedures. No conditions may be placed on persons seeking access to the forms. No information or identification may be required from persons seeking access • Reproduction fees of no more than 10 cents per page may be charged. FPPC Form 700 (2016/2017) FPPC Advice Email: advice@fppc.a,gov FPPC Toll -Free Helpline: S6.5/275.3772 www.fppc.ca.6ov Introduction Types of Form 700 Filings Assuming Office Statement: If you are a newly appointed official or are newty employed in a position designated. or that will be designated, in a state or local agency's conflict of interest code, your assuming office date is the date you were swom in or otherwise authonxed to serve in the position. If you are a newly elected official, your assuming office date s the date you were sworn in • Investments, interests in real property. and business positions held on the date you assumed the office or position must be reported. In addition, Income (including loans, gifts, and travel payments) received dunng the 12 months pnor to the date you assumed the office or position is reportable. For positions subject to confirmation by the State Senate or the Commission on Judicial Performance. your assuming office date is the date you were appointed or nominated to the position Example: Mana Lopez was nominated by the Governor to serve on a state agency board that is subject to state Senate confirmabon. The assuming office date is the date Maria's nomination is submitted to the Senate Maria must report investments. interests in real property, and business positions she holds on that date. and Income (including loans, gifts. and travel payments) received during the 12 months pnor to that date ft your office or positron has been added to a newly adopted or newly amended conflict of Interest code, use the effective date of the code or amendment whichever is applicable Investments, interests in real property, and business positions held on the effective date of the code or amendment must be reported. In addition, income (including loans. gifts, and travel payments) received during the 12 months prior to the effective date of the code or amendment is reportable Annual Statement Generally, the penod covered is January 1, 2016. through December 31 2016 If the period covered by the statement is different than January 1 2018 through December 31, 2016, (forexample, you assumed office between October 1, 2015, and December 31, 2015 or you are combining statements). you must specify the penod covered • Investments, interests in real property, business positions held, and income (including loans. gifts. and travel payments) received during the period covered by the statement must be reported Do not change the prepnnted dates on Schedules A-1 A-2 and B unless you are required to report the acquisition or disposition of an Interest that did not occur in 2016 • If your disclosure category changes during a reporting penod, disclose under the old category until the effective date of the conflict of interest code amendment and disclose under the new disclosure category Through the end of the reporting period Leaving Office Statement: Generally, the penod covered is January 1, 2016, through the date you stopped performing the duties of your position. If the period covered differs from January 1, 2016, through the date you stopped performing the duties of your position (for example, you assumed office between October 1, 2015. and December 31, 2015, or you are combining statements) the penod covered must be specified. The reporting penod can cover parts of two calendar years Investments, interests m real property. business positions held. and income (including loans. gifts. and travel payments) received during the period covered by the statement must be reported Do not change the prepnnted dates on Schedules A-1, A-2. and B unless you are required to report the acquisition or disposition of an Interest that did not occur in 2016 Candidate Statement: If you are filing a statement in connection with your candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported. In addibon. income (including loans, gets, and travel payments) received dunng the 12 months gem to the date of filing your declaration of candidacy is reportable- Do not change the prepnnted dates on Schedules A-1, A-2 and 8 Candidates running for local elective offices (e.g., county sheriffs, city clerks, school board trustees, or water distract board members) must fite candidate statements, as required by the conflict of interest code for the elected position The code may be obtained from the agency of the elected position Amendments: If you discover errors or omissions an any statement. Se an amendment as soon as possible You are only required to amend the schedule that needs to be revised. it is not necessary to refile the entire form. Obtain amendment schedules from the FPPC website at wwwfppc.ca.gov. FPPC form 700 (2016/2017) FPPC Advke (maM; advicepfppc.ca_gov FPPC Toll -Free Helpline: 866/27S•3777 vrww_fppc.a.gov Types of Statements Instructions Cover Page Enter your name, mailing address and daytime telephone number in the splices provided Because the Form 700 is a public document, you may list your buslnessfof!ce address instead of your home address. Pad 1. Office, Agency, or Court • Enter the name of the office sought or held. or the agency or court_ Consultants must enter the public agency name ra her than their private firm's name (Examples State Assewkly: Board of Supervisors. Office of the Mayor, Department of Finance, Hope County Supenor Court) • Indictee the name of you dvieion, board or district. rf applicable (Examples Division of Waste Management Board of Accountancy, Drstnd 45) Do not use acronyms. • Enter your position title (Examples. Director. Chief Counsel: City Council Member, Staff Services Analyst) • 1f you hold multiple positions (i.e.. a city council member who also is a member of a county board or commission), you may be required bee stslsrnents with each agency. To simplify your Ming obIgsliitms, you may complete an expanded statement. • To do this, enter the name of the other agency(res) with which you are required to fie and your position bidets) in the space provided Da not use acronyms. Attach an additional sheet if necessary. Complete one statement covering the diadosure requirements for all positions Each copy must contain an orianal signature Therefore. before signing the Statement. make a copy for each agency. Sign such copy with an origami signature and file wrth each agency If you assume or leave a position after a fling deadtne, you must complete a separate statement For example, a city council member who assumes a position with a county special district after the April 1 annual filing deadline must file a separate assuming office statement In subsequent years, the dry council member may expand his or her annual tiling to mdude both positions Example: Scott Baker is a city council member for the City of Lrncotn and a board member for the Camp Far West Irripabon Dtslrnct — a multi -county agency that covers Placer and Yuba counties Scott will complete one Form 700 using hill disclosure (as required for the city position) and covering Interests in both Placer and Yuba counties (as required for the mutt -county position) and Inst both positions on the Cover Page. Before signing the statement, Scott will make a copy and sign both statements_ One statement will be filed with City of Lincoln and the other will be filed with Camp Far West Irrigation District. Both will contain an original signature. Part 2. Jurisdiction of Office • Check the box indicating the junsdiction of your agency and, if applicable. Identify the jurisdiction Judges. ivaaal candidates. and court commissioners have statewide fcrilsdc on AI other filers shad review the Reference Pamphlet. page 13. to determine their junsdiction • H your agency is a multi—county office lest each county in which your agency has lunsdid►on If your agency is riot a state office, court. County office, city office, or mufti -county office (e.g.. school districts. special districts and JPAs), check the 'other box and enter the county or city in which the agency has tunsdidion Example: This filer is a member of a water district board with junsdiction in portions of Yuba and Sutter Counties Claw r sock rat n.rlm r,s rpouarwl tam rme elm= I.. • er rah lau sur au_ M..rr • .I_r m... MOM __ •- • awn. 4. «.. .,... +_1A iIA.r..r rhey bur n r r 0 v.. Elmilsimiroye___ p... o— • _, Y«Y...., 04.011r • Pad 3. Type of Statement Check at least one box The period covered by a statement rs delernimad by the type of statement you are filing_ tf you are completing a 2018 annual statement, do not change the pre-printed dates to reflect 2017 Your annual statement is used for reporting the previous year's economic interests Economic interests for your annual filing covering January 1, 2017, through December 31, 2017 will be disc -hosed on your statement filed in 2018 See Reference Pamphlet, page 4 Combining Statements Certain types of statements may be combined. For example, if you leave office after January 1 but before the deadline for filing your annual statement, you may combine your annual and leaving office statements File by the earliest deadline. Consult your filing officer or the F PPC Part 4. Schedule Summary • Complete the Schedule Summary after you have reviewed each schedule to determine if you have reportable Interests Enter the total number of completed pages inducing the cover page and either check the box for each schedule you use l0 dlsdose interests; or if you have nothing to disdOse on any schedule, check the 'No reportable interests" box. Please do not attach any blank schedules Part 5. Verification Complete the verification by signing the statement and entering Me date signed All statements must have an original 'war signature or be duly euthonzed by your filing officer to file electronically under Government Code Section 87500.2. Instructions, examples. FAQs, and a reference pamphlet are available to help answer your questions When you sign your statement. you are stating, under penalty of perjury, that it is true and correct. Drily the filer has authority to sign the statement. An unsigned statement is not considered filed and you may be subject to late filing penafres. FPPC Form 700(2016/2017) FPPC Advice €mall: advlceptppc.ca_sov FPPC Toll -Free Helpline: 866/275-3772 wwwJfppc.u.tov tnRrucnons - 1 ?00 Please type or pantnrnk STATEMENT OF ECONOMIC INTERESTS COVER PAGE MOE OF FRB% 'Asn MEM ruoot>1 1. Office, Agency, or Court Agency Name (Do nor use 9cronyma) Dmaion, Board, Department. Drs x1 R applicable Your Poston If 11rg for nub* gooneys, ice below or on an adac neve (Do not use acmhyrthsl 2. Jurisdiction of Office (Check at feast on. boy) ❑ State ❑ Judge or Court Commissioner (Sllll/trida JulladiCkon) D laull-Cruinty D County or ❑ coy of ❑ aver 3. Type of Statement (crr.rak et Lest on. boxi ID Anrwal: The 'mod coveted is January 1, 2016, ttvougth 0 Lauri. Oas: Dale left December 31. 2016. (Check we/ The period cowered ns through Decerdsr 31, 2016. 0 AMMAN aloe: Deis assumed _J_1 O The penod covered 5 January 1, 2016, ttyough the dale d Wawa, °floe -or- the period covered rs he deed leaving cfM1ce. Q CanNdea: Election year and oleo eoual. alumni Man Part 1. through 4. iiia Summary (must complete) ► To11ai number o/ pages inck ding this cover page: Schedules attached ❑ Schedule A-1 - bossanerMs - schedule attached ❑ iaM/tb A-2 - knrestrnar - schedule attached ❑ Schmid" • • Maar Property - schedule attached -or- 0 Mone • No reportable interests on any schedule ❑ is arida C • incaneLaw S. & wess Posh= - _thed4ls attached ❑ 1cMavh O • Income - Gib - Wad* earned ❑ $chedula E • Income - Gots - Trawl Parma a - aro* attached 3. Verillatlol *ULM *WESE STREP Wae1e6 a Mercy Maya Reasa afa aid - Ret mon.re 5Yi-E PP cool DAYTIME TE1EPNONE MUMMER f MA ori �'7Gf 1 am i id al reasonable *once in preparing INS Statement. I here reviewed tiro statement and to the best of Try knowledge the nbnnaron =Wed 1 • and n ay attached schedules hs true and compete I aCuhowbdge ttws hs a pu the document. 1 Mary wider penally of perjwy under the laws of the Stals of California that the foregoing is true and correct. Orb Iliad Signature Am* deg real race dr orgy a hurry-- ryes per i+r Mai 1 FPPC Fora 700 (2016/2017) FPPC Advice Email_ advlce1F31ppc.ta.gov FPPC Toll -Fres Helaine: NIK/27S-3772 www.fppc.ca,gov Which Schedule Do I Use? Common Reportable Interests Schedule A-1 Stocksincluding those held in an IRA or a 401K Schedule A-2 Schedule B Schedule C Schedule D Schedule E Business entities (including certain independent contracting), sole propnetorships. partnerships, LLCs. corporabons, and trusts Rental property in the jurisdiction. or within two miles of the boundaries of the junsdiction Non-governmental satanes of public official and spouse/registered domestic partner Gifts from businesses (such as tickets to sporting or entertainment events/ Travel payments from third parties (not your employer) Common Non -Reportable Interests Schedule A-1 Schedule A-2 Schedule B Schedule C Schedule D Schedule E Insurance policies, government bonds. diversified mutual funds. certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts See Reference Pamphlet, page 13 for detailed information (Regulation 18237) Savings and checking accounts and annuities A residence used exclusively as a personal residenCae (such as a home or vacation cabin) Governmental salary (such as a school district) Gifts from family members Travel paid by your government agency Remember. • Mark the "No reportable interests" box on Part 4 of the Schedule Summary on the Cover Page if you determine you have nothing to disclose and file the Cover Page only. Make sure you carefully read all Instructions to ensure proper reporting. • The Form 7DD is a public document ✓ Most individuals must consult their agency's conflict of interest code for reportable interests. ✓ Most individuals file the Form 700 with their agencies FPPC Form 700(2016/20171 FPPC Advice Email: advlceefppc.ca.eov FPPC Toll -Free I1elpllnr 566/275.3772 vrww.fppc.ca.gor Instructions - 3 Questions and Answers General Q What is the reporting penod for disclosing interests on an assuming office statement or a candidate statement? A On an assuming office statement, disclose all reportable investments, interests in real property, and business positions held on the date you assumed office. In addrtion, you must disclose income (including loans. gifts and travel payments) received dunng the 12 months pnor to the date you assumed office. On a candidate statement. disclose all reportable investments, interests in real property. and business positions held on the date you Me your declaration of candidacy You must also disclose income (including loans, gifts and travel payments) received during the 12 months pnor to the dale you Me your declaration of candidacy Q. I hold two otter board positrons in addition to my position with the county. Must !file three statements of economic interests? A Yes, three are required However. you may complete one statement listing the county and the two boards on the Cover Page or an attachment as the agencies for which you red be fling. Report your economic interests using the largest jurisdiction and highest disclosure requirements assigned to you by the three agencies Make two copies of the entire statement before signing it, sign each copy with an original signature, and distribute one original to the county and to each of the two boards Remember to complete separate statements for positions that you leave or assume dunng the year Q I am a department head who recentty began acting as city manager Should I Me as the city manager? A. Yes. File an assuming office statement as city manager Persons serving as 'acting," interim,' or `alternate' must file as if they hold the position because they are or may be performing the duties of the position Q As a designated employee. I left one state agency to work for another state agency. Must I file a leaving office statement? A. Yes. You may also need to file an assuming office statement for the new agency Q My spouse and I are currently separated and in the process of obtaining a divorce Must I still report my spouse's income. investments. and interests in real property' A. Yes. A public official must continue to report a spouse's economic interests until such time as dissolution of marriage proceedings is final. However, if a separate property agreement has been reached prior to that time, your estranged spouse's income may not have to be reported Contact the FPPC for more information Investment Disclosure Q. I have an investment interest in shares of stock in a company that does not have an office in my junsdicbon. Must I still disclose my investment interest in this company' A. Probably_ The definrbon of 'doing business in the iunsdictbn- is not limited to whether the business has an office or physical location in your )urisdic ion_ See Reference Pamphlet. page 13 Q My spouse and I have a living trust. The trust holds rental property in my iunsdiction, our pnmary residence. and m vestments in drversified mutual funds. I have full disclosure How is this trust disclosed? A Disclose the name of the trust. the rental property and its income on Schedule A-2 Your pnmary residence and investments in diversified mutual funds registered with the SEC are not reportable Q. I am required to report all investments. I have an IRA that contains stocks through an account managed by a brokerage firm Must I disclose these stocks even though they are held in an IRA and I did not decide which stocks to purchase? A Yes Disclose on Schedule A-1 or A-2 any stock worth $2,000 or more in a business entity located in or doing business in your jurisdiction FPPC Form 70012016/2017) FPPC Advice EmaN: adviceefppc.ca-[ov FPPC Toll-frre Melpline: 866/275-3772 www.fppc.w.sov Instrucnorts - 4 Questions and Answers Continued O. lam the sole owner of my business, an S Corporation. I believe that the nature of the business is such that it cannot be said to have any 'fair market value' because 11 has no assets. I operate the corporation under an agreement with a large insurance company My contract does not have resale value because of its nature as a personal services contract_ Must I report the fair market value for my business on Schedule A•2 of the Form 7007 A Yes Even if there are no langrbie assets intangible assets such as relationships with companies and clients anti commonly sold to qualified professionals The 'fair market value' is often quantified for other purposes, such as marital dissolutions or estate planting. In addition, the IRS presumes that 'personal armlike* corporations' have a fair market value. A professional 'book of business and the assoaated goodwill that generates income are not without a determinable value The Form 700 does not require a precise fair market value, it is only necessary to check a box indicating the broad range within which the value falls 0. 1 own stock in IBM and must report this investment on Schedule A-1. I Initially purchased alis stock In the early 1990s: however, I am constantly buying and selling shares Must I note these dates in the 'Acquired' and 'Disposed' fields? A No You must only report dates in the 'Acquired' or 'Disposed' liefds when, during the reporting period. you initially purchase a reportable investment worth 52.000 or more or when you dispose of the entire Investment You are not required to track the partial trading of an investment 0. On teal year's ring I reported stock in Encoe valued al 52.000 • *10.000 Late last year the value of this stock fell below and remains at less than 52.000 How should this be reported on this year's statement? A You are not required to report an investment if the value was less than $2.000 dunng the entire reporting penod However, because a disposed date is not required for stocks that fall below 52,000. you may want to report the stock and note in the 'comments' secbon that the value fell below 52.000 This would be for Informational purposes only, it is not a requirement Q We have a Section 529 account set up to save money for our son's college education Is this reportable? A. tf the Section 529 account contains reportable interests (e g . common stock valued at 52 000 or more). those Interests are reportable (not the actual Section 529 account). If the account contains solely mutual funds, then nothing is reported Income Disclosure O I reported a busyness entity on Schedule A-2 talents of my business are located in several states Must I report all clients from whom my pro rata share of income is 510.000 or more on Schedule A-2, Pari 37 A No only the clients located in or doing business on a regular basis in your lunsdretion must be disclosed O. I believe I am not required to disclose the names of clients from whom my pro rata share of Income is 510,000 or more on Schedule A-2 because of their right to privacy. Is there an exception for reporting clients' names? A Regulation 18740 provides a procedure for requesting en exemption to allow a client's name not to be disclosed if disclosure of the name would violate a legally recognized pnvilege under California or Federal law This regulation may be obtained from our website at www.fppc_ca.gov See Reference Pamphlet, page 14 O . I am sole owner of a pnvate saw practice that Is not reportable based on my limited disclosure category. However, some of the sources of income to my law practice are from reportable sources. Do I have to disclose this Income? A Yes, even though the law practice is not reportable. reportable sources of income to the law practice of 510.000 or more must be disclosed This information would be disclosed on Schedule C with a note in the 'comments' section indicating that the business entity Is not a reportable Investment The note would be for informational purposes only. it is not a requirement FPPC Form 700 (2016/2017} FPPC Advke Email: advicettlfppcca.sov FPPC Toll -Free Helpline: 866/275-3772 www.fppc_p_ioy Instructions - S Questions and Answers Continued • 1 am the sob owner of my business. Where do I disclose my income - on Schedule A-2 or Schedule C? A Sources of income to a business in which you have an ownership interest of 10% or greater are disclosed on Schedule A•2 See Reference Pamphlet page 8, for the definition of 'business entity 0. My husband is a partner in a four -person firm where all of his business is based on his own billings and collections from various clients How do 1 report my community property interest in this business and the income generated in this manner? A If your husbands investment in the firm is 10% or greater. disclose 100% of his share of the business on Schedule A-2, Part 1 and 50% of his income on Schedule A-2. Parts 2 and 3 For example. a client of your husband's must be a source of at least 520,000 during the reporting period before the client's name is reported 0. How do I disclose my spouse s or registered domestic parteses wry? A Report the name of the employer as a source of income on Schedule C Q I am a doctor. For purposes of reporting $10,000 sources of income on Schedule A-2. Part 3. are the patients or their insurance tamers considered sources of income? A. 1f your patients exercise sufficient control by selecting you instead of other doctors then your patients rather than their insurance tamers, are sources of income to you See Reference Pamphlet. page 14. for additional information 0. I received a ban from my grandfather to purchase my home. Is this loan reportable? A No Loans received from family members are not reportable Q. Many years ago, I loaned my parents several thousand dollars. which they pad back this year Do I need to report this loan repayment on my Form 7D0'' A No Payments received on a loan made to a family member are not reportable Real Property Disclosure Q. During this reporting period we switched our principal place of residence into a rental_ I have fur disclosure and the property is located in my agency's jurisdiction. so it is now reportable. Because I have not reported ttvs properly before. do I need to show an 'acquired' date'? A. No, you are not required to show an 'acquired' date because you previously owned the property However you may want 10 note in the 'comments' section that the property was not previously reported because it was used exclusively as your residence This would be for informational purposes only rt is not a requirement O I am a cdy manager, and I own a rental property kxated in an adjacent city, but one mile from the city limit Do I need to report this property interest? A Yes You are required to report this property because it is located wdhm 2 miles of the boundanes of the city you manage O Must I report a home that I own as a personal residence for my daughter? A You are not required to disclose a home used as a personal residence for a family member unless you receive income from it. such as rental income Q I am a co-signer on a loan for a rental property owned by a fnend. Since I am listed on the deed of trust, do I need to report my friend's property as an interest m real property on my Form 700' A No Simply being a co-signer on a loan for property does not create a reportable interest in real property for you Gift Disclosure Q. If 1 received a reportable gift of two tickets to a concert valued at $100 each but gave the tickets to a friend because I could not attend the concert do I have any reporting obligations? A Yes Since you accepted the gift and exercised discretion and control of the use of the tickets. you must disclose the gift on Schedule D. FPPC Form 700 (2016/2017) FPPC Advice Email: •dvlce(lfppc.ca.sov FPPC Toll -Free Helpline: 666/275-3772 www.fppc.ca.gov Instructions —6 Questions and Answers Continued Q Mary and Joe Benson. a married couple. want to give a piece of artwork to a county supervisor. Is each spouse considered a separate source for purposes of the gift limit and disclosure? A. Yes, each spouse may make a gift valued at the gift limit during a calendar year For example, dunng 2016 the gift limit was $460, so the Bensons may have given the supervisor artwork valued at no more than $920 The supervisor must identify Joe and Mary Benson as the sources of the gift. Q. I am a Form 700 filer with full disclosure, Our agency holds a holiday rare to raise funds for a local charity. I bought $10 worth of raffle tickets and won a gift basket valued at $120. The gift basket was donated by Doug Brewer, a citizen in our city. At the same event, 1 bought raffle tickets for. and won a quilt valued at $70. The quilt was donated by a coworker Are these reportable gifts? A. Because the gift basket was donated by an outside source (not an agency employee), you have received a reportable gift valued at $110 (the value of the basket less the consideration paid). The source of the gift is Doug Brewer and the agency is disclosed as the intermediary. Because the quilt was donated by an employee of your agency. it is not a reportable gift. Q. My agency is responsible for disbursing grants An applicant (501(c)(3) organization) met with agency employees to present Its application. At this meeting. the applicant provided food and beverages. Would the food and beverages be considered gifts to the employees? These employees are designated in our agency's conflict of interest code and the applicant is a reportable source of income under the code A. Yes. If the value of the food and beverages consumed by any one filer, plus any other gifts received from the same source dunng the reporting period total $50 or more. the food and beverages would be reported using the fair market value and would be subject to the gift limit Q. I received free admission to an educational conference related to my official duties. Part of the conference fees included a round of golf. Is the value of the golf considered informational material? A. No. The value of personal benefits. such as golf. attendance at a concert, or sporting event are gifts subject to reporting and limits, FPPC Form 700 (2016/2017) FPPC Advice Email: advlce'fppc.ca.gov FppC Toll -Free HelplIne: a66/275-3772 www.fppc.a.gov Instructions - 7 Instructions — Schedules A-1 and A-2 Investments 'Investment' mems a financial interest in any business entity (nduding a consulting business or other independent contracting business) that is located in. doing business in. planning to do business in, or that has done business dunng the previous two years in your agency's jurisdiction in which you, your spouse or registered domestic partner. or your dependent children had a direct, indirect, or beneficial interest totaling 62.000 or more at any time during the reporting period. See Reference Pamphlet, page 13 Reportable investments Include: • Stocks, bonds. warrants. and options, including those herd in margin or brokerage accounts and managed investment funds (See Reference Pamphlet, page 13 1 • Sole proprietorships • Your own dullness or you spouse's or registered domestic penmen's business (See Reference Pamphlet, pogo 8, for the definition of -business enter) Your spouses or registered domestic partner's investments even if they are legally separate property • Partnerships (e.g , a law fern or family tans) • Inveskiwrits in reportable business entities held n a retiremerd account (See Reference Pamphlet, page 15 If you, your spouse or registered domestic partner. and dependent children together had a 10% or greater ownership interest in a business entity or trust (including a Irving trust), you must disclose investments held by the business entity or trust See Reference Pamphlet. page 15. for more information on disclosing trusts • Business trusts You are not required to disclose: • Goverment bonds. diversified mutual funds, certain funds sander to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. See Reference Pamphlet page 13, for detailed information (Regulation 18237) • Bank accounts. savings accountsmoney market accounts and certificates of deposits • Insurance policies Annuities • Commodities • Shares in a credit union • Goverment bonds (including municipal bonds) • Retirement accounts invested in non -reportable interests (e g , insurance policies, mutual funds or government bonds) (See Reference Pamphlet. page 15.) Reminders • Do you know your agency's jurisdicbon? • Did you hold investments at any time during the penod covered by this statement? • Code fere — your disclosure categones may only require disclosure of specific investments • Government deemed -benefit pension plans (sunt as CaIPERS and Ca1STRS plans) • Certain interests held in a blind trust (See Reference Pamphlet, page 16.) Use Schedule A-1 to report ownership of less than 10% (e.g., stock), Sdredule C (Income) may also be squired it the investment is not a stock or corporate bond See second example below Use Schedule A-3 to report ownership of 10% or greater (e g a sole proprietorship) To Complete Schedule A-1: Do not attach brokerage or financial statements • Disclose the name of the business entity • Provide a general descnption of the business adivity of the entity (e g pharmaceuticals computers automobile manufactunng, or communications) • Check the box Indicating the highest fair market value of your investment during the reporting period If you are Bing a candidata or an assuming office statement, indicate the fair market value on time filing date or the dale you look office, respectively. • Identify the nature of your investment (e.g.. stocks. warrants, options. or bonds) • An acquired or disposed of date is only required if you initially acquired or entirely disposed of the Investment interest dunng the reporting penod The date of a stock dividend reinvestment or partial disposal is not required Generally, these dates will not appy if you are filing a candidate or an assuring office statement. Examples: John Smith holds a state agency position His conflict of interest code requires full disclosure of investments John must disclose his stock holdings of S2,000 or more in any company that is located in or does business in California, as well as those stocks held by his spouse or registered domestic partner and dependent children Susan Jones is a city council member She has a 4% interest, worth $5,000, in a limited partnership located in the city Susan must disclose the partnership on Schedule A-1 and income of $500 or more received from the partnership on Schedule C FPPC Form 700 (2016/2017) FPPC Advka Email: advlcelfppcca.1ov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.8ov InstruCUOns — $ SCHEDULE A-1 Investments Stocks, Bonds, and Other Interests (Ownership Interest is Less Than 10%1 Do not attad? brokerage or &Panora statements 0, NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET MLLLE ❑ 12 004 - 110,000 0 si4D 401.11 000.000 ❑ 110001 • 1100000 ❑ Orr 11.000.000 NATURE OF IWEsisENT ❑ sopa, D om. ❑ Pa,rwrr✓.p O .con. R.c«..0 0110 - 0 Msoame Rocovwd al 6600 or More .Namur scAmAr. IF APPLICABLE. LIST DATE ACQUIRED DISPOSED NAME OF BUSINESS ENTITY oeERAL DESCRIPTION OF T1•11S BUSINESS FAM MARKET 1aAWE p $2.000.110 000 0 1104.041 • 11 004 440 NATURE OF WVESTLENT ❑ Slack ❑ ❑ 110 001. 1100000 ❑ Ow S 1 000 000 tCl 111 Pa INOCI p 0 Peon* R.pnrd d 10 - 1419 0 r1[nnr. R.csr p0 d 1404 a Mom +r...t w 50.4.4. c, IF APPLICABLE LIST DATE ___1_1-11— ACiCataSKI DIBPOB® CALIFORNIA FORM 700 Mame 10 NAME OF SUSINEsS ENTITY Ce0ERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE 012000 -*10000 o 1100 001.11 000 000 ❑ 114.04 r • 1100.000 ❑ Ovs *1.000,000 NATURE OF arvESTMENT ❑ sloth ❑ Orgr (Describe' 0 Partn.rer,p 0 Income Rtasrrd 01 110.1490 0 Avail, Recoved al 1600 01 Yom ARur.r a Samar CP 1 APPIJCABLE LIST DATE J ACQUIRED DISPOSED NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ 12 004 • 114 044 ❑ $100441 31 oco 000 O 110.001.1100 000 ❑ orr 11.000 000 NATURE OF INVESTMENT O Sloe ❑ Oltn, ❑ Partnershp 0 Mxnnw R.c.rvsd of 10 - 1494 0 Income Rerearved d *600 or Mom Pomo a R/tidrr d' APPLK.ABLE UST DATE ACQUIRED DISPOSED w NAME OF BL11 ENTITY OMERAL DESA PTION Gf hall AIRES$ FAIR MARKET VALUE ❑ 12.000 - 110.000 ❑ 1100.001 - 111.000.000 ❑ moo, - 1144.444 0 c h ar *1.coo coo NATURE 0.F WV!$TMdENT ❑ swot ❑ orm1, ❑ Partnefrep O Malmo R.c>wv.d d 10 - 1491 0 Alma R.orvse l 1100 or Mora (Raw G. Samoa. c, if APPLICABLE_ LAST DATE 16 ACQUIRED DISPOSED Comments: O. NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MAMMY VALUE Q 12 000 - $10.000 ❑ 1,04 001 - 11.000 oto ❑ f 10.001 - 1100.000 Q alp 11000.000 NATURE OF INVESTMENT ❑ sloe ❑ ors. 0 potrinhip 0 Kr.lcrn. Removed ar 10 - 14s9 0 Swarm R.tarved 0 1300 or Aloe "spoof an Sara.. c E APPUCABIE LIST DATE ACQUIRED DISPOSED FPPC Form 70012016/2017) Sth. A-1 FPPC Advice Emelt: advicepfppc-ca-gov FPPC Toll -Fret Htlpline: $66/27S-3772 wwwippc.a.Sov Instructions — Schedule A-2 Investments, Income, and Assets of Business Entities/Trusts Use Schedule A-2 to report investments in a business entity (including a consulting business or other independent oontracbng business) or trust including a living trust) in which you, your spouse or registered domestic partner, and your dependent children, together or separately. had a 10% or greeter interest, totaling 52.000 or more dunng the repelling pend and which is located in, doing business in planning to do business in, or which has done business dunng the previous two lairs in your agency's pinsdrd on. See Reference Pamphlet, page 13 A trust located outside your agency's jurisdiction is reportable if it holds assets that are located m or doing business in the lunsdidron Do not report a trust that contains non -reportable interests For example. a trust Containing only your personal residence not used in whole or in part as a business your saving& account. and some municipal bonds is not reportable Also report on Schedule A-2 investments and real property held by that entity or trust d your pro rata share of the investment or real property interest was 52,000 or more during the reporting period To Complete Schedule A-2: Part 1. Disclose the name and address of the business entity or trust. 11 you are reporting an interest in a business entity, check 'Business Entity' and complete the box as follows. • Provide a general descnption of the business actrvrty of the entity • Check the box indicating the highest fair market value of your investment dunng tt►e reporting period • 11 you initialy acquiree or entirety disposed of this ktlerest dunng the reporting penod, enter the date acquired or disposed • 'den* the nature of your investment • Disclose the Job btle or business position you held with the eftry. if any (re_. if you were a cls edor, officer, partner, trustee, employee, or held any position of management). A business position held by your spouse is not reportable Part 2. Check the box indicating your pro rata share of the gross income received by the business entity or Oust This amount includes your pro rata share of the gross income from the business entity Cr trust. as well as your community properly interest in your spouse's or registered domestic partner's share_ Gross income is the total amount of income before deducting expenses. losses. or taxes Part 3. Disclose the name of each source of income that is bellied in, doing business in planning to do business in. or that has done business during the previous two years in your agency's jurisdiction, as follows • Disclose each source of income and outstanding loan to the business entity or trust identified in Part 1 tf your pro rata share of the gross income (including your community property interest in your spouse's or registered domestic partner's share) to Me business entity or trust from that source was 510,000 or more dunng the reporting penod See Reference Pamphlet. page 11. for examples Income from governmental sources may be reportable rf not considered salary See Regulation 16232 Loons from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable • Disclose each individual or entity that was a source of commission income of $10.000 or more dunng the reporting period through the business entity identified in Pa 1 1. See Reference Pamphlet page 8, for an explanation of commission income You may be required to disclose sources of income located outside your lunsdiction. For example you may have a client who resides outside your jurisdiction who does business on a regular basis with you Such a client. if a reportable source of 510 000 Of more. must be disclosed Mark "None' if you do not have any reportable 510,000 sources of income to disclose Using phrases such as various clients' or 'not disclosing sources pursuant to attorney-client privilege• may nigger a request for an amendment to your statement See Reference Pamphlet. page 14. for details about requesting an exemption from disclosing pnvrleged information Part 4. Report any investments or interests in real properly held or leased by the entity or trust rdertlifed in Part 1 If your pro rata share of the interest held was 52,000 or more dunng the reporting period Attach additional schedules or use FPPC's Form 700 Excel spreadsheet if needed. • Check the applicable box identifying the interest held as real property or an investment • If investment provide the name and description of the business entity • If real property, report the precise location (e.g.. an assessor's parcel number or address) • Check the box indicating the highest fair market value of your interest n the real property or investment during the reporting period (Report the fair market value d the portion of your residence claimed as a tax deduction if you are utilizing your residence for business purposes ) • ldenhfy the nature of your interest • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property or investment during the reporting period FiiC Form 700 (2016/2017) FPPC Advice Email: advloepfppc.ca.&civ FPPC Toil -Free Helpline: x66/2755-3772 www_fppc_co.gov Instructions - 10 SCHEDULE A-2 Investments, Income, and Assets of Business Entities/Trusts (Ownership Interest is 10% or Greater) Adresse MIMI= MMEMI AoOIMO Ml CARA OM 0 Trust. pe b 2 0 Burow Eiro. oorss>tab OaR ria. OD b 2 GEP RAL DESCRIPTION OF TFC BUSINESS FAR IIArLNK T VALUE *0- $1 vas 12.000 -110.000 110.001 -1100.000 1100,001 • 11 o00.000 Oyer *1,000 000 1F APPLICABLE LIST DATE _I _11_ _JAIL ACQUIRED DISPOSED NATURE OF rNESTMEN T 0 P.Iwrt„rp ❑ sai. Prupn.Idship O YOUR SUBINESS POSITION ❑ so - saes ❑ 5500.11.000 O:Loot • s1o.o00 ❑ 110.001 • 2100.000 ❑ OVER 1100 000 e . Norms Maid teem Chad( ant kw ❑ INVESTIEPa ❑ REAL PROPERTY Norm d tliiaar.veEmr.Iy 11 M voebooA. Aauoorort Pairs Nion6ar as Owl A u al Rai Proper* OMamafon ar likainass barmy co Car Or Orr P,.d.. Looter or Rat Prow), FAR IPARIOT 'VALUE 12.000 - 110.000 110.001 - 1100-000 *100001 • 11000 000 Char :1.000 000 NATURE OF INTEREST 0 Promo, O.r+wwdO..0 d Tgmr F APPLICABLE UST DATE _j_ _Jj J_J.].L ACOUR£D DISPOSED ❑ Saadi ❑ Parmrwp CALIFORNIA FORM 700 SSP vi.rrCs! PPar+.^l5 Name Nom Abloom 01111111018 AWN** Ac apa/lal ane* ant O 111*. b 2 0 Summits Entity sr met bp 2 P oomror i, I1spn pp 10 GENERAL DESCRIPTION OF TM1S SUSI ESS FAIR NATURE ❑ MARKET VALUE F ARRUCABLE LUST DATE sO. Si POO 52.000.110.000 _J_J1L —/—/-11110001 . 5100.000 ACQUIRED DISPOSED 1100,001 00 110 000 Over 31.000.000 OF INVESTMENT Partnership 0 Sas Prcanalo*1Np 0 °pi' YOUR BUSINESS POSITION 0 so - 1401 0110.001 -1100.000 ❑ 5500 51.000 ❑ own sloo.o00 0 stool .110.00 I. : ;i': :•,m WAIL OF LALM ur.r k lAnir. '.,IMi,LL zr: LFCE':. IM':,S1c ^.t c '1,-,,,..':`: n WnC P ._ I Norms SINN • co w below ' •. a=_AL PROPERTY IIELD OR OR TRUST • - ant los o MNESTLENT ❑ REAL PROPERTT Wens d B*rw,.n May 1 I*.nrr,wr, QQ Aaa Rama Neres Mrsei Atli Rod Presurtt essx's r or sad Doscnpton a &AMMO ARMY OL City OlharProlamin Loai Ra. Propever of oon oI FAM MARKET VALUE IF APPUCABLE. UST DATE' 12000.110.000 1,0„,_ S100,000 i l �J .11. 1+00.00+ *1.00D.000 ACOURED DISPOSED o.« 11000 000 NATURE OF MITEREST 0 Properly QIarersha pOeed or Trust 0 Simi 0 Parineryrp ❑ L.I .Il1C J❑ Orr I Q Lses.nold r ❑ Other Yrs IMITIOMNe 0 C1.dl los 1 adOdoRd twerlee e,porting investments or real aro 4111000 0 Chide los 4 MCA *nal schedules repabnp invwnAnts w r..l prgp.rtT aw MIActisd Commoner FPPC Foon 700 (2016/2017)50.A-2 FPPC Advice Email: advlceelppc.c..iov FPPC Toll -fn. H.ipIne: 866/27S-3772 wwwippc.ca.iov Instructions — Schedule B Interests in Real Property Report interests in real property located in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest Totaling $2,000 or more any time during the reporting period Real property is also considered to be • ithn the jurisdiction' of a local government agency if the property or any part of rt is located within two miles outside the boundaries of the )unsdiclion or within two miles of any land owned or used by the local government agency. See Reference Pamphlet, page 13 Interests In noel property Include: • An ownership interest (including a beneficial ownership interest) • A deed of trust easement, or option 10 acquire property • A leasehold interest (See Reference Pamphlet page 14 • A mining lease • An interest in real property held in a retirement account (See Reference Pamphlet, page 15 ) • An interest in real property held by a business entity or trust in which you, your spouse or registered domestic partner, and your dependent children together had a 1 O% or greater ownership Interest (Report on Schedule A-2 ) • Your spouse's or registered domestic partner's interests In real property that are legally held separately by him or her You are ass required to report • A residence, such as a home or vacation cabin, used exclusively as a personal residence (However, a residence in which you rent out a room or for which you clam a business deduction may be reportable. If reportable, report the fair market value of the portion claimed as a tax deduction ) Pleas* notes: A non -reportable residence can still be grounds for s conflict al interest and may be disqualifying. Interests in real property held though a blind trust (See Reference Pamphlet. page 16 for exceptions ) To Complete Schedule B: Report the precise Iocabon (e.g.. an assessors parcel number or address) of the real property • Check the box indicating the fair market value of your interest in the property (regardless of what you owe on the Properly) • Enter the date acquired or disposed only if you initially acquired or entirety disposed of your interest in the property during the reporting period • Identify the nature of your Interest If it Is a leasehold, disclose the number of years remaining on the lease Reminders • Income and bans already reported on Schedule 8 are not also required to be reported on Schedule C • Real property already reported on Schedule A-2, Part 4 is not also required to be reported on Schedule 8 • Code filers - do your disclosure categories require disclosure of real property? • If you received rental income, check the box indicating the gross amount you received • If you had a 10% or greater Interest in real property and received rental income, list the name of the source(s) if your pro rata share of the gross income from any single tenant was $10,000 or more during the reporting penod. 1f you received a total of $10,000 or more from two or more tenants acting in concert (in most cases, this will apply to marred couples), disclose the name of each tenant Otherwise, mark None • Loans from a private lender that total $500 or more and are secured by real property may be reportable Loans from commercial lending ensdtutione made in the lender's regular course of business on tarns available to members of the public without regard to your official status are not reportable. When reporting a loan Provide the name and address of the lender Describe the lender's business activity, Disclose the interest rale and term of the loan For variable interest rale bans. drsdose the conditions of the loan (e g Prime + 2) or the average Interest rate pard dunng the reporting pend The term of a loan is the total number of months or years given for repayment of the loan at the time the loan was established Check the box indicating the highest balance of the loan dunng the reporting period. Identify a guarantor, it appiceble. If you hove more than one reportable loan on a single piece of real property, report the additional loan(s) on SCh dine C. Example: Joe Nelson is a city planning commissioner Joe received rental income of 512.000 dunng the reporting penod from a single tenant who rented properly Joe owned in the city's )urtsdlc.'ion- tf Joe had received the S12.000 from two or more tenants the tenants' names would not be required as long as no single tenant paid $10.000 or more A married couple would be considered a single tenant k ..•o..•a .a...._.. worm 4WD NO lama V •104.11141 .11* 11.141 ...se� ills her .•a. VI *Meer ■... - .•.. 0 ........ o ...No o - • Men 11.,,M .01.0•.1.9.«11.1. .7a r 0— .mo 0..e. ws y.....ma u... — -.,....••••.,..••.. • .••..•IV.MV OMNI rOlt . r..• •...•. . ••. =mow /Odle - .awry woo a.Ar.r•a• .r..« ...., ..........,• Tr a. elf .req a•.r.ras i.OM W...... . ! ....NIM Illsosare Owe, r- 0....r<v� .10.•0 rust s.Mmimseasmil SPIED 01.. ..NI ❑.a' •... al..... oar U..r.sr FPPC Form 70012016/2017) FPPC Advice Email: advtceirfppc-ca gov FPPC Toll -Free Helpline: 866/275.3772 www.fppc.ca.eov Instructions - 12 SCHEDULE B Interests in Real Property (Including Rental Income) ► ASSESSORS PARCEL NUMBER OR STREET ADDRESS CrrY FAIR MARKET VALUE ❑ 12.000. 110.000 0 110.001 1100.000 0 1100.001 - 81 000 000 ❑ Over 11000 003 NATURE OF INTEREST p orrerateane d of Trust p ._..mob0 W APPLICABLE. LIST DATE ACOUIRED DISPOSED ❑ FMarren' F RENTAL PROPERTY GROSS INCOME RECENED 010-1419 ❑moo -slow ❑81001-sl0000 ❑ 110.001 - 1100000 ❑ OvER 8100 000 siouiti Es of REMTA. INCOME If you own • 10% or gresler rimiest. Met tie name o1 each Ignore Nisi Is a !Ingle source of income of 510.000 a mors. ❑ None CALIFORNIA FORM 700 Narne ► ASSESSORS PARCEL IAAWR ORS Nett ADDRESS FAR MST %FLUE 0 12,000.110.000 0810.001-1100.000 0 s 100001 - 81.000 000 0 Ow 11.000 000 F APPUCABLE. LST DATE *COUPE() DISPOSED NATURE of NTEREST 0 OreeteligrOead d Thal 0 E4t.nrrs DLM ❑ r/ rMortan a "jprr F RE►RAL PROPERTY GROSS INCOME RECEIVED o so -:rill 0 moo - 81.000 ❑ 11,001 - 110,000 ❑ 110.031 - 8100000 ❑ OVER s1)3.000 =Aces OF R@RAl. *cow M you owe ■ 10% er Feeler maws*. lot (he name of each tenant that R i Ingle same of income M;10.000 or more You are not required to report bans from commercial lending Inzhfufions made in the lender's regular course of business on terms available to members of the pubhc without regard to your official status. Personal bans and bans received not in a lender's regular course of business must be disclosed as follows. NAME OF LENDER' ADDRESS faumeAdobes*I J BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (Mo e*Ywal K ❑ Noe HIGHEST BALANCE DURING REPORTING PERIOD 0 8503 • SI 000 ❑ 81.001 . s10 000 ❑ slo,00l - sioc,000 ❑ OVER 8100 000 0 cilr.erear r IppkatM Comments: NAME OF LENDER' ADORE SS f0 im.ia Adabihrs Accapfablo) BUSINESS ACTIVITY if ANY. OF LENDER INTEREST RATE TERM 1Mo!c r! -Il o None HIGHEST BALANCE DURING REPORTING PERIOD 0ssoo-$1000 0 110.001 - *too ow 0 Gummier . ciceDie ❑31.001-310000 ❑ OBER 110.000 FPPC Form 700 (2016/2017) Sch. B FPPC Advice Email: advke;Olppc.m.gov FPPC Tor -Free Flelpi1e:166/275-3772 www.fppc.a.6ov Instructions — Schedule C Income, Loans, & Business Positions (Income Other Than Gifts and Travel Payments) Reporting Income: Report the source and amount of gross income of S500 or more you received dunng the reporting period. Gross income is the total amount of income before deducting expenses losses. or taxes and includes loans other than loans from a commercial lending institution See Reference Pamphlet. page 11 You must also report the source of income to your spouse or registered domestic partner if your community property share was $500 or more dunng the reporting period The source and income must be reported only if the source is located in. doing business in, planning to do business in. or has done business during the previous two years in your agency's jurisdiction. See Reference Pamphlet, page 13, for more information about doing business in the jurisdiction Reportable sources of income may be further limited by your dsdosure category Totaled in your agency's conflict of interest code Reporting Business Positions: You must report your job bile with each reportable business entity even if you received no income during the reporting period Use the comments section to indicate that no income was received. Commonly reportable income and loans include: Safary/wages. per diem, and relrnbrsemere for expenses including travel payments provided by your employer • Community property interest (50%) in your spouse's or registered domestic paliner's income - report the employer's name and all other required information Income from investment interests, such as partnerships, reported on Schedule A- 1 Commission income not required to be reported on Schedule A-2 (See Reference Pamphlet, page 8.) • Gross income from any sale, including the sale of a house or car (Report your pro rata share of the total sale puce ) Rental income not requred to be reported on Schedule 13 Pntes or awards not disclosed as gifts • Payments received on loans you made to others • An honorarium received prior lo becoming a public official (See Reference Pamphlet, page 10 concerning your ability to receive future honoraria ) • Incentive compensation (See Reference Pamphlet 12.) page Reminders • Code tilers — your disclosure categories may nol require disclosure of all sources of income. If you or your spouse or registered domestic partner are self-employed, report the business entity on Schedule A-2 • Do not disclose on Schedule C income, loans, or business positrons already reported on Schedules A-2 or b3 You are az required to report: • Salary. reimbursement for expenses or per diem, or social security. diaabily, cx other simian benefil payments received by you or your spouse or registered domestic partner from a federal, state or local government agency • Stock dividends and income from the sale of stock unless the source can be identified. Income from a PERS retirement account. See Reference Pamphlet, page 11, for mare exceptions to income reporting. To Complete Schedule C: Part 1. Income Received/Business Position Disclosure • Disclose the narne and address of ead'i source of income or each business entity with which you held a business position • Provide a general descnptron of the business activity if the source is a business entity • Check the box indicating the amount of gross income received. • Identity the consideration for which the income was received • For income from commission sales. check the box indicating the gross income received and list the name of each source of commtssion income of 310,000 or more See Reference Pamphlet. page 8 IMAs: if you receive commission income on a regular basis or have an ownership interest of 10% or more, you must disclose the business entity and the income on Schedule A-2. Disclose the rob title or business position, if any. that you held with the business entity. even if you did not receive income during the reporting period Part 2. Loans Received or Outstanding During the Reporting Period • Provide the name and address of the lender Provide a general description of the business activity if the lender is a business entity. • Check the box indicating the highest balance of the loan during the reporting penod • Disclose the interest rate and the term of the ban For vanable interest rate loans, disclose the conditions of the loan (e.g.. Prime • 2) or the average interest rate paid during the reporting period The term of the loan is the total number of months or years given for repayment of the loan at the time the loan was entered into • identify the security. if any, for the ban. FPPC Farm 700(2016/2017) FPPC Advke Email: ad 4ceefppc.a.gov FPPC Toll -Free Helpline: 866/275.3772 www.fppc.ca.gov instructions - 14 SCHEDULE C Income, Loans, & Business Positions (Other than Grits and Travel Payments) CALIFORNIA FORM 700 N a'ne NAME OF SOURCE OF INCOME AGGRESS GReeere Adoess A-mpt•Oh ) $USI Es6 AcTMTV. W ANY. OF SOURCE Vpr./! SLIMINESS POSITION GROSS MOUE RECEIVED ❑ ssoo - si p 1,0.001 - sloo coo ❑ No Income • Buurtees Pnrhm Om, o 11 oat - stoma ❑ oven s 100 000 CONSIDERATION FOR MICH INCOME MYIS RECEIVED ❑ SalerY 0 Spume'e or repielered domes& prow ma=ma iFor seir•enployd use Schedule A-2 ❑ Perinentip Sou than 1 D% orrwWnp For Mir. or greet« we Srcrt.drtia A•21 ❑ seta or Aril mom* or sup mac J D Loan roolom ant 0 CorrnrAmin or 0 Ram Owns ter mem mum r 1 ro om r mow O ow« iDemetei NAME OF SOURCE OF INCOME ADDRESS i Rumness Aalese AcoMONll sumpass ACTMTY F Mee. OF souRcE YOUR SLIMNESS POSIT)ON GROSS INCOME RECEIVED 0 No Income • Busnwe POerewr Only ❑ 1soo s Doe Q 11 col . 310 000 ❑ 110.001 - sloe 000 ❑ OVER shoo sop CONSIDERATION FOR WHCH INCOME WAS RECEIVED ❑ Salary 0 dcereeec pennies income IFor eell-employed use Schedule A-21 0 Peel erehp (Len then 10% ownershp For 10% or greeter use Mdse . A-2 ❑ Sala a oiler praperM d ser — r ❑ Loan repeYmrti D Careen .on w 1 RONA lemma rr won , d 1r0 000 a +•w You are not required to report loans from commercial lending institutions, or any indebtedness created as part of a retail installment or credit card transaction. rnade in the lender's regular course of business on terms available to members of the public without regard to your official status Personal loans and bans received not in a lender's regular course of business must be disclosed as follows NAME OF LENDER' ADDRESS (Sloan. Addeo Aec, 4 $Fel SUDMESS ACTIVITY F ANI OF LENDER POOREST GALAHCE DUM G REPORTING PERIOD ❑ saw • 11.000 O stool - sio coo p $10.001 - S100 ON ❑ OVER 3100.000 INTEREST RATE TER4I (Moreerreeral ❑» SECURITY FOR LOAN ❑ Hoer 0 Psrrwer reedence Q Rene Properly SWIM slaw ary ❑ Gamer.« ❑ Dearorboi ConsunisIr FPPC Form 700 (2016/2017} Sch. C FPPC Advice Email: a dvrce'tppc.ca.Sov FPPC Tod -Free Helpline: 366/273-3772 www.fppc.ci.gov Instructions - Schedule D Income - Gifts A gift is anything of value for which you have not provided equal or greater consideration to the donor A gift is reportable if its fair market vakaa is $50 or more. In addition, multiple gifts totaling $50 or more received during the reporting penod from a single source must be reported. It is the acceptance of a gift. not the a reaka use to which it is put, that imposes your reporting obhgabon. Except as noted below, you must report a gift even rf you never used it or if you gave it away to another person if the exact amount of a gill is unknown. you must make a good faith selknate of the item's fair market value. Listing the valued a giN as 'over $60 or bolus unknown' is not adequate dedosure. In addition. if you received a gift wow an intermediary, you must disclose the name, address and business activity of both the donor and the intermediary You may indicate an Intermadary either in the 'source' field after the name or in the •comments- section at the bottom of Schedule D Commonly reportable glib Include: • Tickets/passes to'raft or NEMRei m ent events Tickets/passes to amusement parks • Parking passes not used for ottbel agency business • Food, beverages, and accommodations, including those provided in direct connection with your attendance al a convention, conference meeting, social event meal or like gathering • Rabeemeideciounts not made in the regular course of business b members of the pudic without regard to official status • Wedding gifts (See Reference Pamphlet. page 16) • An honorarium received prior to assuming office (You may report an honoranum as income on Schedule C, rather than as a gift on Schedule D. if you provided services of equal or greater value than the payment received. See Reference Pamphlet, page 10. regarding your ability to receive future honoraria.) • Transportation and lodging (See Schedule E • Forgiveness of a loan received by you You are ncil required to disclose: • Gifts that were not used and that, within 30 days after receipt. were returned 10 the donor or delivered to a chantabte organization or government agency without Reminder • Gifts from a single source are /subject to a 5460 limit dunng 2016. See Reference Pamphlet. page 10. • Code filers - you only need to report gifts from reportable sources Gift Tracking Mobile Application • F PPC has created a gift tracking app for mobile devices that helps tilers track gifts and provides a quick and easy way to upload the information to the Form 700. Visit FPPC's website to download the app being claimed by you as a chantable contribution for tax purposes • Gifts from your spouse or registered domestic partner. child, parent. grandparent. grandchild, brother. sister, and certain other fainly members (See Regulation 18942 for a complete list) The exception does not apply if the donor was acting as an agent or intermediary for a reportable source who was the true donor Gifts of similar value exchanged between you and an individual, other than a lobbyist registered 10 lobby your state agency, on holidays, birthdays or similar occasions • Gifts of informational matenal provided to assist you in the parbrtnenoe of your official duties (e.g., books pamphlets, reports calendars, penodicals. or educational seminars) • A monetary bequest or inheritance (However. rnhenled mvebbnents or real property may be reportable on other schedules ) • Personalized plaques or trophies with an individual value of less than $250 • Campaign contributions Up to two tickets, for your own use. to attend a fundraiser for a campaign committee or candidate. or to a fundraiser for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The ticket must be received from the organization or committee holding the fundraiser • Gifts given to members of your immediate family rf the source has an established relationship with the family member and there is no evidence to suggest the donor had a purpose b influence you. (See Regulation 18943.) • Free admission. food. and nominal rem (such as a pen. pencil. mouse pad. note pad or similar tem) available to all attendees, al the event at which the official makes a speech (as defined in Regulation 18950(b)(2)), so long as the admission is provided by the person who organizes the event Any other payment riot identified above, that would otherwise meet the definition of gip, where the payment is made by an individual who is not a lobbyist registered to lobby the official's state agency, where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official's position and there is no evidence whatsoever al the time the gift is made to suggest the donor had a purpose to influence you To Complete Schedule D: • Disclose the full name (not an acronym). address and. if a business entity, the business activity of the source • Provide the date tmonth, day and yearn of receipt. and disclose the fair market value and desatpbon of the gift FPPC Form 700 (2016/2017) FPPC Advice Email! advicepippc.u.tov FPPC Toil -Free Helpline: 866/275.3772 www.fppc.cagov Instructions - 16 SCHEDULE D Income - Gifts NAME OF SOURCE Sw+ A+ Aapnpy AOORESS *Om Acceptable) f3tr+ra BUSINESS ACTIVITY IF ANY OF SOURCE DATE (aENdAyyl VALUE DESCRIPTION OF GIFTISi __J—_1 s ___1J s —l___1— s _1_1 2 r NAtE OF SOURCE Not so Atmore) ADCFIESS Address 11e no* Acta0dA1M BUSINESS ACTIVRV . ANY OF SOURCE DATE M/AVINSW) VALUE DESCRIPTION OF OIFTIS) —I_1— _J____I_ t __J—/__ s • NAME OF SOURCE (Abl an An siren/ ADDRESS alveri Address Aossitsdier .. BUSINESS ACTIVITY. IF ANY OF SOURCE DATE Imovoltlyy) VALUE DESCRIPTION OF OET(S) _1-1—_ _J_1_ 1 —I-1_ Comments: CALIFORNIA FORM 700 Name r NAME OF SOURCE (NW an egy3mW l ADDRESS Moms Accocta (Bweree iel BUSINESS ACTIVITY. i ANY. OF SOURCE DATE ImmooftWyo VALUE DESORPTION OF GIFT(S) _/___/ s _1_1 2 ► %ADE OF SOURCE Nor an Appy ADDRESS (Burnes' Aarlaas Astilpq_ ausiNEse ACTIVITY IF ANY. OF SOURCE DATE rniNddyyl VALUE DESCRIPTION OF GWTIS) '-1 2 _I_I s _J_/_ 1 NAME OF SOURCE (Not an Aawi r, ADDRESS Mumma, AdYfw A mpboble) BUSINESS ACIMTY F ANY, QF SOURCE DATE resedWryl VALUE DESCRIPTION OF GIFT(S) _J__1 2 ___/___f_ $ ___i__/ FPPC Form 70012016/2017} Sch. D FPPC Advice Email: advice@fppc.ca.Eov FPPC Toll -Free HclplIne: 366/275.3772 www.fppc.ca.sov Instructions — Schedule E Travel Payments, Advances, and Reimbursements Tiavei payments reportable on Schedule E Include advances and reimbursements for Pavel and related expenses including lodging and meele. Gifts of travel may be subject to the gift limit. In addition certain travel payments are reportable grfts but are not subject to the gift limit To avoid possible misinterpretation or the perception that you have received a gift in excess of the gift limit, you may wish to provide a specific description of the purpose of your travel See the FPPC fad sheet entitled %intitia es and Restrictions on Gifts, Honorana, Travel, and Loans' e1 www fppc ca gov You are nal required to disclose: • Travel payments received from any state. local, or federal government agency for which you provided services equal or greater in value than the payments received. such as reimbursement for travel on agency business from your government agency employer • A payment for travel from another local, state. or federal government agency and related per diem expenses when the travel is for education training or other inter -agency programs or purposes • Travel payments received from your employer in the normal course of your employment that are included in the income reported on Schedule C. • A travel payment that was received from a neon-profd entity exempt from taxation under Internet Revenue Code Section 501(c)(3) for which you provided equal or greater consideration, such as reimbursement for travel on business for a 501(c)(3) organization for which you are a board member Note: Certain trawl payments may not be reportable if reported on Form 1101 by your agency. To Complete Schedule E: • Disclose the hill name (not an acronym) and address of the source of the travel payment. • Identify the business adiwty if the source is a business entity • Check the box to identry the payment as a gift or income. report the amount. and disclose the (ates) Travel payments sr* gifts rf you did nor provide services that were equal to or greater in value than the payments received You must disclose gigs totaling $50 or more from a single source dunng the period covered by the statement When reporting travel payments that are gifts you must provide a description of the gift and the (tab(e) received. If the travel occurred on or after January 1, 2016, you must also disclose the travel destination. Travel payments are income if you provided services that were equal to or greater in value than the payments received You must disclose income totaling $500 or more from a single source during the period covered by the statement You have the burden of proving the payments are income rather than gifts When reporting travel payments as income, you must descnbe the services you provided in exchange for the payment You are not required to disclose the date(S) for travel payments that are income Example: City council member Rick Chandler is the chairman of a 501 (c)(6) trade association and the association pays for Rick's travel to attend its meetings. Because Rick is deemed to be providing equal or greater consideration for the travel payment by virtue of serving on the board. this payment may be reported as income Payments for Ride to attend other events for which he is not providing services are likely considered gifts • - v AM 110.11....1 MOM suns tiro A1sporioa Fm••r radio 127r1 R'ww, 5011111$10 s0eisi0rrt. CA . ria•0arrartrrrsrrr._• smut a [m _.,r__4 _1 1 .e • mrwrra pro — a... 0 Drys ..J1 L L.ster tar ommi. Tgrr+•rav>Mue b /x00 spec Form 700 (2016/2017) FPPC Advice Email: advlteplppc.ca.1ov FPPC Top -Fret Helpfoe: $66/275-3772 www.fppc.ca.`ov Instructions - 16 SCHEDULE E Income - Gifts Travel Payments, Advances, and Reimbursements CALIFORNIA FORM 700 Name • Mark either the gift or income box. • Mark the "5O1(cM3)" box for a travel payment received from a nonprofit S01(c)(3) organization or the "Speech" box if you made a speech or participated in a panel. These payments are not subject to the gift limit, but may result in a disqualifying conflict of interest. • For gifts of travel, provide the travel destination. ► NAME OF SOURCE (Alai en Aunnrei ADDRESS faurnw AdiMs Ampiaeiet iss CRY AND STATE • 501 (col) or DESCRIBE BUSINESS ACTTVTTY F ANY OF SOURCE DATEISi —1_I_— - _J_J— AMT S DATES• _1—ir_ • J—I— AMT s Or OD 0 MUST C.IIECII ONE ❑ Gift 4w. ❑ Inooms Made SpeochlParticipeled Panel 0 • w. • oOiler - Provide Description ► I GO ProMOe Trope Daranaoon • I CRA. Promos Travel t?,nrmaoon R NAME OF SOURCE (Not an Aasrym) Y NAME OF SOURCE (Mor or Acronym) ACORESS aloe Adlwi Accept/0W rens CRY AND STATE ❑ SDI (cX3) a• DEMME SUMMERS ACTIVITY. F ANY, OF SOURCE DATEISI —/—/— - _J-1— AMT I__ OfBIO • MUST CHECK ONE 0 Gilt er- 0 Mame o Made • SpeochiParlIcapiled In a Penal o Other - Provide Descripllon IA MUST C►ECI( ONE • Gilt or- 0 income 11 Gel Proyrds Trevor DesMnelIon I( Gel Prvwde Travel Deeenron R NAE OF SOURCE OW an AnmyvAl ADDRESS (EkArnool Ref Acmp4e+.( iss CITY AND STATE 0 501 (qt3) or DESCRBE BUSINESS ACTIVITY F ANY OF SOURCE DATEISi —1_I_— - _J_J— AMT S fir OM R MUST CNECx ONE 0 Gdi ❑ name .0-. o Medea SpeedNParbapaled in a Patti o Other - Provide OesCriptiOn ► I GO ProMOe Trope Daranaoon R NAME OF SOURCE (Not an Aasrym) ADDRESS (San= Adsau Aawpraarl CITY AND STATE • 601(cy(31 r. DESCRIBE BUSINESS ACTIVITY WARY. OF SOURCE t1(TE(SI __J_1_ - _1_1— AM' 5 WPM IA MUST C►ECI( ONE • Gilt or- 0 income o Made I Spee htPBrtk Med in a Panel o Other - Provide Desaipbon I( Gel Prvwde Travel Deeenron Comm.na FPPC Foran 700 (2016/2017) Sch. E FPPC Arivke Eme&: edvicetafppc.ca.6ov FPPC Toll -Free Helpline 866/275 3 772 www.fppc.ca.6ov SECTION 7 �^, Conflicts of Interest o HANDBOOK NSummary of the Major Provisions and Requirements of Principal Conflicts of Interest Lows and Regulations Updated including changes effective January 1, 2017 Table of Contents Page No. LAWS AND REGULATIONS AFFECTING DECISION-MAKING 1 A. The Political Reform Act 1 1, Disclosure Requirements under the Political Reform Act 2 2. Conflicts of Interest under the Political Reform Act 4 3. The FPPC's Test for Analyzing Conflicts of Interest 5 4. Abstention 22 S. Penalties for Violation 23 6. Seeking Advice on Conflict of Interest Questions 23 B. Government Code Section 1090 24 1. Three Principal Components of Section 1090 25 2. Exceptions to Section 1090 29 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subjecl 10 Severe Penalties 31 4. Aiding and Abetting Section 1090 Violations 31 5. Seeking FPPC Advice on Section 1090 31 6. Statute of Limitations for Section 1090 Violations 32 C. Common Law Doctrine against Conflicts of Interest 32 Il. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS 34 A. Doctrine against Holding Incompatible Offices 34 1. The Common Law Doctrine against Holding Incompatible Offices 34 2 The Statutory Codification of the Common Law Doctrine of Incompatible Offices- Government Code Section 1099 36 8. incompatible Outside Activities 37 C. Successor Agency and Oversight Board Conflicts 37 1, Form 700s for Successor Agency and Oversight Board Members 37 Summary Of PnnCip1 Conflicts of In'eresl Lows and Regulations C 2017 Richards. Wanor & Gershon 2040772 Pogo fable of Contents 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes 38 3. City Councis are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code 39 4. The City Counci May Designote the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests 39 D. Discount Posses on Common Carriers 40 E. Conflicts upon Leaving Office - the "Revolving Door" 41 F. Laws Prohibiting Bribery 42 G. Campaign Contributions 43 1. Conflicts of Interests Arising on Appointed Boards and Commissions 43 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions lied to an Official Act 44 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency 45 4. Nepotism 45 III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS. HONORARIA AND LOANS 47 A. Limitations on Receipt of Gifts 47 1. General Gift Limitation 47 2. Biennial Gift Limit Adjustment 47 3. Exceptions to Gifts 48 4. Gifts to an Agency 52 5. Gifts to an Official's Family 53 6. Invitation -Only Events 54 7. Tickets to Political and Charitable Fundraisers 55 8. Tickets and Passes to Events 56 9 Gifts from o Government Agency to an Official in Riot Agency 58 10. Wedding Gifts 58 1 1. Certain Gifts of Travel 58 B. Prohibitions on Receipt of Honoraria 63 Summary Of Pnn000l Conffct? Of Interest LOWS pad RegVbt,a's POOP i C 2017 Richards. WaMon & Gershon 2040772 Table al Contents 1. Exceptions to the Prohibition on Honoraria 63 C. Prohibitions on Receipt of Certain Types of Loans 64 1. Prohibition on Loons Exceeding $250 from Other City Officials. Employees, Consultants and Contractors 64 2. Requirement for Loans of $500 or More From Other Persons and Entities to Be in writing 65 3. Exceptions to Loan Limits and Documentation Requirements 65 4. Loans that Become Gifts are Subject to the Gift Prohibition 65 5. Exceptions - Loons that Do Not Become Gifts 66 IV. PROHIBITION AGAINST MASS MAILINGS 67 A. Test for Prohibited Mass Mailing 67 1. Delivery of Tangible Item 67 2. Features or Includes Reference to On Elected Official 67 3. Public Expense 68 4. At Least 200 Copies of the Item 68 B. Exceptions to the Mass Mailing Prohibition 69 V. EXPENDITURES TO SUPPORT OR DEFEAT A BALLOT MEASURE 70 VI. PROHIBITION ON GIFTS OF PUBLIC FUNDS 74 VII. CONCLUSION 75 Summory or Pnncipol Conficts 01 Interest Laws and Regutohons O 2017 Richards. Watson L Gershon 2040772 Page iii INTRODUCTION This Handbook is prepared to provide you with a summary of the major provisions of California's principal conflicts of interest Taws and regulations. The text of the laws and regulations referenced in this Handbook can be found on the websites for the California Legislature (http://leginfo.legislature.ca.gov/faces/codes.xhtml) and the Fair Pditical Practices Commission ("FPPC ') (http://www_fppc.ca.gov/the-Iaw.htmlj. This Handbook is designed to familiarize city officials and staff with California's principal conflicts of interest laws and regulations. Because the Taws and regulations change frequently. we recommend that you use this Handbook to become familiar with the basic principles of the conflict laws and regulations. but we also recommend that you contact your City Attorney as soon as you think that you may have a potential conflict of interest. We would be glad to help you analyze a potential conflict of interest and/or contact the FPPC for guidance. We hope you find this Handbook useful. Should you have any questions about the information included in this Handbook. please do not hesitate to contact us. Richards. Watson & Gershon Summary or PnncjpoI Conffch of intereyr Lows and Regviaitorri, 02017 Richards. Watson i Gershon 2040772 Page .� Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations !NM Summary 01 Pnnopol Conllcts of Intones+ lows and Regio eons O 2017 Richards. wotson & German 2040772 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations I. LAWS AND REGULATIONS AFFECTING DECISION-MAKING A. The Political Reform Act In 1974, California voters approved Proposition 9, o statewide initiative titled "the Political Reform Act" (the "Act" or the "PRA"). Gov't Code § 81000 et seq.' At the time. the measure was the most detailed disclosure law in the nation. and it included new requirements for reporting campaign and lobbying activities. Although the Act was initially written before the Watergate scandal broke, by the time Proposition 9 appeared on the ballot the drama had unfolded and nationwide reform proposals were being drafted. The Act passed by an overwhelming majority. and one of its provisions created a new state agency called the Fair Political Practices Commission ("FPPC"). The FPPC was charged with interpreting and enforcing the Act. and pursuant to this authority, the agency drafted a series of regulations. Since the Act went into effect in 1975, the FPPC has issued new regulations and amendments to existing regulations almost every year. The Act covers numerous topics germane to ethical behavior in public office—financial data reporting obligations, lobbying restrictions. required campaign disclosures. limitations on campaign financing, proscriptions on mass mailings. restrictions on gifts and honoraria, and most significantly, prohibitions on conflicts of interest in the making of governmental decisions. The Act also contains reporting procedures for financial interests and campaign contributions, as well as disqualification requirements when certain financial interests or campaign contribution standards are satisfied. Please note that this Handbook is general in nature and may not cover all aspects of an actual conflicts of interest issue. Thus. it is not intended to constitute advice on specific conflicts of interest questions. In the event you have concerns about a possible conflict of interest, you should contact your city attorney or agency counsel for further advice. Al stotuton, references ore to the Coffornio Government Code unless othe'wee indecote0 Reguobons of the FPPC ore retetreo tc os -RegubtIon " Summary of Pnncircl Conflicts of interest Lows ono Reguglpns is 2017 R9cnorCs. wotson & Gershon 2040772 Poge 1 Summary of the map' Provisions and Requirements of Principal Confich of Interest Lows and Regulations 1. Disclosure Requirements under the Political Reform Act a. Statements of Economic Interests The Act requires public officials to disclose assets and income that may be materially affected by their official actions by filing o "Statement of Economic Interests" (also known as a "Form 700"). § 87202; Regulation 18115. The requirement applies to council members, judges, elected slate officers, members of planning commissions, members of boards of supervisors. district attorneys, county counsels, city managers, city attorneys. city treasurers and other public officials who manage public investments. and to candidates for any of these offices at any election. § 87200. Officials must file the Form 700 within 30 days after assuming office, and candidates must file no later than the final fling date of a declaration of candidacy. §§ 87201-02. An official must tie annually thereafter until he or she leaves office, at which point he or she must file a final statement. §§ 87202-03_ The required disclosures on the Form 700 include: • Investments in business entities (e.g., stock holdings, owning o business, a partnership) that are located or do business in the jurisdiction; ✓ Interests in real estate (real property) in the jurisdiction, but not including the official's home address: e Sources of personal income/ including gifts, loans and travel payments:3 and • Positions of management or employment with business entities that do business in the jurisdiction. § 87203. If the official no longer holds certain investments and real property interests at the time of Bing, but held them during the 12 months prior to filing, he or she must stir disclose those interests on the Form 700. Id. The Form 700 is a public document open to inspection and duplication. For public officials not covered by the requirements of Section 87203. including employees of state and local government agencies, it is up to the agencies that employ them to decide what their disclosure requirements ore. Each state and local agency must adopt a conflicts of interest code tailoring the disclosure requirements for each position within the agency to the types of governmental decisions a person holding that position would make. For example. an employee who approves contracts for goods or services purchased by his or her agency would not be required to disclose In some ,stances. an otfia,ot may need to disclose the sources of income to o bus.ness entity in which the ofhcal hos on ownership interest if the officio) owns a t least 10 percent of o business, In that case. the official would be required to dtlabse a source of income to the business os a source of ,come to she ottkyol if the offlaars pro rota shore of gross receipts from that sauce exceeds $10.000 In aggregate dung the reporting period § 872071b) In those cases, the o&'ot must report the none. oddness. and a general descnpbon of the business aclnnty of the twsiness en fey OS wet as the nameof the source of income mot oggregoles to $10.000 or more. As of January 1. 2016. if on official receives o gilt that 6 a ravel payment. advance. or reimbursement valued of $50 a more. the official must also disclose the travel destination § 8720710)141 Summary of Pnnctpal Conicts of Interest Laws and Regulations C 2017 Richards Watson 8. Gershon 2040772 Page 2 Summary of the M❑pr Provisions and Requirements or Pnncipai Collects of Interest Lows ono Regulators red estate interests, but would be required to disclose investments in and income from individuals and entities that supply equipment, materials, or services to the agency. §§ 87301-02. A city that maintains an internet website must post a list of the elected officers who fie o Form 700 with that city. A statement must also be posted on the website indicating that these Form 700s may be obtained by visiting the FPPC office or the city clerk's office. The statement must include the physical address for both the FPPC and the city clerk's office. Finally, a Zink to the FPPC website must be posted with a statement that indicates that Form 700 "for some state and local government agency elected officers may be avoiable in electronic format" on the FPPC's internet website. § 87505. In 2013. the Legislature enacted Assembly Bill 409, which allows the FPPC and local agencies to develop an online system for filing Form 700s. Only a limited number of public agencies have received FPPC approval to establish an electronic fling system at this point. If a local agency elects to establish such a system, fiers must submit their Form 700 electronically § 87500.2 b. Behested Contribution) There are also disclosure requirements for certain fundraising activities that elected officials perform for others, Elected officials who successfully solicit one or more contributions for "legislative, governmental. or charitable purposes" that equal or exceed $5.000 in the aggregate from the some source during o single colendar year must file a report with the official's agency (typically the city clerk) within 30 days of reaching the $5,000 threshold, § 82015(b)(2)(B)(iii). The report must contain the following information: • The contributor's name and address: • The amount of the contribution: • The date or dates on which the payments were mode; • The name and address of the contribution recipient: • It goods or services were contributed. a description of those goods and services; and • A description of the purpose or event for which the contribution was used. The statute does not define the term "legislative, governmental, or charitable purposes." but charitable purposes typically involve 501(c)(3) organizations. Examples of "governmental" purposes include fundraising for a new city hall roof. on inaugural celebration committee,' litigation expenses.` a breakfast honoring public safety Sutton Advice Letter. No A-05`256. 2005 wt 3693740 (2005). s Ston Advice Letter, No. A-03-185. 2004 Wl. 331561 (20O4l IdisWc1 attorney's expenses in suing o p'ivare company when governing body withdrew funding for effort). Summary of Pnnapol Conflicts Of Interest LOWS and Regulations C 2017 Richards, Watson & Gershon 2040772 Poge 3 Summary o' me major Provisions and Requrernenls or anncapol ConfIcts or interest tows and Regulations personnel,b and youth conferences-' The term "tegislotive purpose," in tum, refers to 0 1996 FPPC opinion in which a state senator asked a private party to pay for a witness' airfare and expenses to testify at a legislative hearing.8 These reporting requirements also apply if the payment is "made at the behest of" the elected officer, even it the officer did not actively solicit contributions. The reporting requirement therefore applies when a fundraising solicitation "features" the elected officer, meaning the "item mailed includes the elected officer's photograph or signature, or singles out the elected officer by the manner of display of his or her name or office in the layout of the document, such as by headlines, capfions. type size. typeface, or type color." Regulation 18215.3. This disclosure requirement does not apply to a behested payment made by a local, state. or federal governmental agency for a principally legislative or governmental purpose. § 82015(b)(2)(B)(ii). 2. Conflicts of Interest under the Political Reform Act In addition to the disclosure requirements, the Act requires public officials to disqualify themselves from making, participating in making, or in any way attempting to use their official position to influence a governmental decision in which they know or hove reason to know they have o financial interest. § 87100, Regulation 18700- An official has a disqualifying financial interest in a decision if the decision will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, directly on the official or o member of the official's immediate family, or on certain listed financial interests. The listed financial interests ore: • Any business entity in which the public official has a direct or indirect investment worth $2,000 or more. • Any real property in which the public official has a direct or indirect interest worth $2,000 or more. • Any source of income. including commission income or incentive income. aggregating to at least $500 within 12 months prior to the time when the decision is mode. The $500 must be provided or promised to. or received by. the official during the 12 months before the decision. • Any business entity (excluding nonprofit corporations) in which the public official is o director, officer, partner, trustee. employee, or holds any position of management. • Any donor of, or any intermediary or agent for a donor of. o gift or gifts aggregating $470 or more in value provided to. received by, or promised • Gallegos Advice Letter. No. A-0)-059. 20017 WL 311529 {20Q )J ' Gallegos AdvrCe Letter. No. A-98- 192 1998 WL 671296119981. e Scnrmdl Advice Letter. No. A-96-098, 1996 WI 779579 (19961. Summary of Principal Conflicts of in Peres! Lows and Regu°tons C 2017 Riohpdswatsar a Gershon 2040772 Page Summary of the Major Provisions and Requirement of Ptincipai Conficts of interest Lows ons Regulations to the public official within 12 months prior to the time when the decision is mode. § 87103: Regulations 18700 and 18940.2. The FPPC regulations interpret and provide guidance for most of the terms used in the Act. The FPPC also provides standards for determining if each element of the Act's prohibitions has been satisfied. 3. The FPPC's Test for Analyzing Conflicts of Interest In the past few years, the FPPC has reorganized the conflict of interest regulations and revised the conflict of interest regulations in a comprehensive manner. Under the old regulations, a public official was advised to follow an eight -part test to analyze a potential conflict of interest. The newly revised regulations establish o new four-part test, as stated in Regulation 18700(d). The new FPPC four-part test assumes that an official already has determined whether he or she is a public official within the meaning of the Act. The new test also assumes that the official has identified the financial interests that may be affected by a particular governmental decision. Since these two steps are necessary for a complete analysis, we recommend that public officials follow the six steps described below, which incorporate these two initial steps as well as the FPPC's new four-part test. STEP ONE: IS A PUBUC OFFICIAL INVOLVED? Determine whether the individual is a public official within me meaning of the Act. The Act applies only to "public officials." Regulation 18700(b). A "public official" is defined to include a "member. officer, employee. or consultant" of a state or local government agency. § 82048: Regulation 18700(c). The regulations define "member" anti "consultant" as follows: • A "member" does not include an individual who performs duties as part of a committee. board. commission, group, or other body that does not have decision-making authority, A board or commission possesses decision-making authority if: (i) it may make a final governmental decision. (ii) it may compel or prevent a governmental decision by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden. or (ITO it makes substantive recommendations, which, over an extended period of time, have been regularty approved without significant amendment or modification by onoifier official or agency. Regulation 18700f c)(2). Summary of Prinop l Conficts of interest Lows ono Reguobons 2017 Richards, Watson & Gershon 2010772 Page 5 Summon, of the motor Provisoons and Reduremenls 01 Pnncipol Conlbcls of Interest Lows and Regulalrorls • A "consultant") includes an individual who. pursuant to a contract with a state or local government agency. makes specific kinds of governmental decisions or serves in a staff capacity with the agency and either participates in governmental decisions or performs the same or substantially all of the same duties that would otherwise be performed by o person in a position listed in the agency's conflict of interest code. Regulation 18700.3. STEP TWO: WHAT ARE THE PUBUC OFFICIAL'S FINANCIAL INTERESTS? Identity the public official's financial interests. A public official's financial interests include certain business entities, real property, sources of income, and donors of gifts (as well as intermediaries and agents of such donors). Regulation 18700(c)(6). More specifically. a public official has a financial interest in any of the following: • A business entity in which the official has a direct or indirect investment worth at (east $2,000. (Note: In certain situations. this can include a parent. subsidiary. or otherwise related business entity.) • Any real property in which the public official has a direct or indirect interest worth at least $2.000. Real property interests include all leases except month-to-month leases and leases with terms shorter than a month. Regulation 18233. • Any "source of income" of at least $500 that is provided or promised to the public official, or received by the public official within 12 months prior to ❑ governmental decision, not including gifts and loans by banks available to the general public. Income is "promised to" the official if he or she has o "legally enforceable right to the promised income." Regulation 18700(c](6)(C). The term "source of income" may include individuals. organizations, and businesses. If the "source of income" is a business that provides or promises the official al least $500 within 12 months prior to a governmental decision, the official also has a source-ot- income interest in: (1) any individual owning at (east a 50 percent interest in that business. and (2) any individual who has the power to direct or cause the direction of management and policies of the business. Regulation 18700.1(a)(2). ' For more on who consItutes o `consultant' sub}ecf to the Act. see. e.g.. Ervlrs Advice Letter FPC No. A-15-006 (2015). Summary of Pnncip01 COC OCrs O" Interest Lows onw Regubbons O 2017 Richards. w•o hon S. Gershon 2040772 Pogs 6 sumrnary of the Maar Provisrans ori Requirements of Pnnapoi Conflicts of Interest Lows anal Regubllons • Any business entity in which the public official is a director, officer, partner. trustee, or employee. or holds any position of management. (Note: Again, this may include a parent, subsidiary, or otherwise related businesses entity.) • Any donor of gifts, or any intermediary or agent for a donor of gifts, amounting to at least $470 where that amount is provided to, received by, or promised to the official in the 12 months prior to a governmental decision. Regulation 18700(c) (6) (E). • The personal finances of the public official and immediate family. This is a sort of "catch-all" provision that is meant to address economic interests of ❑ public official and his or her immediate famiy that do not qualify as investments, property, or business entities. but are nonetheless potentially affected by government decisions. §§ 82047, 87103; Regulations 18700, 18940.2. The terms "indirect investment" and "indirect interest" are used to indicate investments and interests owned by the spouse or dependent chid of the public official. an agent of the public official, or o business entity in which the official, or his or her agent's spouse, or dependent children, has at least a ten percent ownership interest. Regulation 18700(c)(6)(F). STEP THREE IS IT REASONABLY FORESEEABLE THAT THE GOVERNMENTAL DECISION WILL HAVE A FINANCIAL EFFECT ON ANY OF THE OFFICIAL'S FINANCIAL INTERESTS? Determine whether the governmental decision will have a reasonably foreseeable financial effect on any of the public official's financial interests. Regulation 18701 draws a distinction between a financial interest that is "explicitly involved" in a decision, on the one hand. and a financial interest that is not "explicitly involved" in o decision, on the other hand. Financial interests are considered to be explicitly involved in a decision if the interest is a "named party in, or the subject of, a governmental decision before the official or the official's agency." Regulation 18701(a). A financial interest is the "subject" of o proceeding "if the decision involves the issuance. renewal, approval, denial or revocation of any license, permit. or other entitlement to. or contract with the financial summary of Pnnapa Confrcts of interest Lows and Reguionons O 2017 Richards. wotson & Gershon 2010772 Pogo % Summary of the Mold Prow9ons and Requwerrents of AnndpoI Conlicts of Interest Lows Ond Rogula ons interest. and includes any governmental decision affecting a real property financial interest as described in Regulation 18702.2(a)(1) - (6)." Regulation 18701(0). In those cases. the financial effect is presumed to be reasonably foreseeable. Even if a financial interest is not explicitly involved in o decision, the effect may still be considered reasonably foreseeable_ Regulation 18701 stales that o financial effect need not be "likely" to be considered "reasonably foreseeable" for purposes of the FPPC's regulations. If the financial effect can be "recognized os a realistic possibility" and if the effect is "more than hypothetical or theoretical," it will be considered reasonably foreseeable. Regulation 18701(b). The financial effect will not be considered reasonably foreseeable if the "the financial result cannot be expected absent extraordinary circumstances" that are not subject to the official's control. The FPPC also provides the following list of non-exclusive factors that should be considered when determining whether a governmental decision wit have a reasonably foreseeable effect on a financial interest that is not explicitly involved in the decision: • The extent to which the occurrence of the financial effect is contingent upon intervening events, not including future governmental decisions by the official's agency, or any other agency appointed by or subject to the budgetary control of the official's agency. • Whether the public official should anticipate a financial effect on his or her financial interest as a potential outcome under normal circumstances when using appropriate due diligence and care. • Whether the public official hos a financial interest that is of the type that would typically be affected by the terms of the governmental decision or whether the governmentd decision is of the type that would be expected to hove a financial effect on businesses and individuals similarly situated to those businesses and individuals in which the public official has a financial interest. • Whether a reasonable inference can be mode that the financial effects of the governmental decision on the public official's financial interest might compromise a public official's ability to act in a manner consistent with his or her duty to act in the best interests of the public. • Whether the governmental decision will provide or deny an opportunity, or create an advantage or disadvantage for one of the official's financial interests, including whether the financial interest may be entitled to compete or be eligible for a benefit resulting from the decision. • Whether the public official hos the type of financial interest that would Cause a similarly situated person to weigh the advantages and disadvantages of the governmental decision on his or her financial interest in formulating a position. Summary of Rnndpol Conficts of interes► Lows and Regula'loch C 2017 Richards. Wohon & Gershon 2040772 Pogo 8 Summary of the Maior Provsrons and Requirements of Pnncrpol Conflicts of interest laws one' Regulations Possession of a real estate. brokerage license, or other professional license does not automatically constitute a reasonably foreseeable effect on the official's financial interest. Regulation 18701,1. The official's likely business activity must be considered to determine whether the governmental decision will have a reasonably foreseeable etfect on ane of the official's financial interests. If it is not reasonably foreseeable that the governmental decision will have o financial effect on any of the official's financial interests, there is no conflict under the Act. If it is determined that it is reasonably foreseeable that the governmental decision will hove a financial effect, however. the official must determine whether the effect is material. STEP FOUR: WILL THE REASONABLY FORESEEABLE EFFECT BE MATERIAL? Determine whether the reasonably foreseeable financial effect will be material. If the effect is "nominal, inconsequential, or insignificant," the financial effect will not be considered material. Regulation 18702(b). Otherwise, however, the provisions in Regulations 18702.1 through 18702.5 determine - for each type of financial interest - whether the effecl is material. Regulation 18702(o). 0. Business Entttiel Regulation 18702.1 provides that the reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is material whenever the business entity: • Initiates the proceeding in which the governmental decision will be made by filing on application, claire, appeal, or request for other government action concerning the business entity; • Offers to make a sale of o service or a product to the official's agency: • Bids on or enters into a written contract with the official's agency: • Is the named manufacturer in a purchase order of any product purchased by the official's agency or the sales provider of any products to the official's agency that aggregates to $ 1,000 or more in any 12 - month period: • Applies for a permit, license. grant, tax credit, exception, variance. or other entitlement that the official's agency is authorized to issue: Summary of Principal Cantle's of interest .om and Regulations C 2017 Richards. Wohon 8. Gershon 2040772 Page 9 Summary of the Mala Prooisjor s and Requirer,ents of f nncipa, Conflicts o1 Interest Lows and P. egu;afrons • Is the subject of any inspection, action, or proceeding subject to the regulatory authority of the official's agency: a • Is otherwise subject to an action taken by the official's agency, the effect of which is directed solely at the business entity in which the official has an interest. For government decisions that are not specifically identified in the list above, the financial effect is material if it falls under the catch-all provision. In those instances, the effect is material if "a prudent person with sufficient information would find it is reasonably foreseeable that the decision's financial effect would contribute to a change in the price of the business entity's publicly traded stock, or the value of a privately -held business entity." Regulation 18702.1(b). Regulation 18702.1(b) includes a list of examples of these types of decisions, including when an agency makes a decision to: • Authorize, prohibit. regulate or otherwise establish conditions for an activity in which the business entity is engaged; • Increase or decrease the amount of competition in the field in which the business entity is engaged: • Increase or decrease the need to the products or services that the business entity supplies: • Make improvements in the surrounding neighborhood such as redevelopment projects, traffic/road improvements. or parking changes that may affect, either temporarily or permanently. the amount of business the business entity receives: • Decide the location of a major development, entertainment facility, or other project that would increase or decrease the amount of business the entity draws from the location of the project: or • Increase or decrease the tax burden. debt. or financial or legal liability of the business entity. These materiality standards replace the previous materiality standards that determined materiality based on the size and type of the business entity. b. jteal Prooerhr - Modified "500 -Foot Rule" and Other Criterig The new regulatory scheme largely replaces the traditional "500 -foot" rule with an extensive list of criteria that must be analyzed to determine whether a decision will have a material financial effect on an official's real property interest. Regulation 18702.2. There are now twelve materiality standards that must be evaluated when an official has an ownership interest in real property, and five materiality standards that must be evaluated when an official has a leasehold interest in real property. Summary of Principal Conffcts of Interest Lows and Reg ubbons 2017 Richards. Wahon & Gershon 2040772 Page 10 Summary of the motor Provisions and Reou+emenIs of Pnnapol Conflicts of Interest _ows ond Regulations Regulation 18702.2 now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest, other than a leasehold interest, is material whenever the governmental decision: • Involves the adoption of or amendment to a general or specific plan, and the parcel is located within the proposed boundaries of the pion: • Determines the parcel's zoning or rezoning (other than a zoning decision applicable to all properties designated in that category). annexation or de -annexation. or inclusion in or exclusion from any city, county, district, or other local government subdivision. or other boundaries. other than elective district boundaries as determined by the California Citizen's Redistricting Commission or any other agency where the governmental decision is to determine boundaries for elective purposes: • Would impose, repeal. or modify any taxes. fees, or assessments that apply to the parcel: • Authorizes the sole, purchase, or lease of the parcel: • Involves the issuance, denial or revocation of a license, permit or other land use entitlement authorizing a specific use of or improvement to the parcel or any variance that changes the permitted use of. or restrictions placed on, that real property: • Involves construction of, or improvements to, streets, water, sewer, storm drainage or simacr faciities, and the parcel in which the official has an interest wil receive new or improved services that are distinguishable from improvements and services that are provided to or received by other simiarty situated properties in the official's jurisdiction or where the official will otherwise receive a disproportionate benefit or detriment by the decision: • Would change the development potential of the parcel of red property: • Would change the income producing potential of the parcel of red property: • would change the highest and best use of the parcel of red property in which the official has a financial interest: • Would change the character of the parcel of real property by substantially altering traffic levels or intensity of use, including parking, of property surrounding the official's real property parcel. the view, privacy, noise levels, or air quality, including odors, or any other factors that would affect the market value of the real property parcel in which the official has o financial interest; Summary of Pnncipol Conflicts of Interest Lows and Regulations C 2017 Richards. Watson & Gershon 2040772 Page 11 Summary of the Motor Provisions and Requirements of Pnncipal Conflicts of interest Laws and Regulations • would consider any decision affecting real property value located within 500 feet of the property line of the official's real property: or • Would cause a reasonably prudent person, using due care and consideration under the circumstances, to believe that the governmental decision was of such a nature that its reasonably foreseeable effect would influence the market value of the official's property. As noted above, Regulation 18702.2(a) (1 1) includes a modified version of the old "500 - foot rule" whereby the effect on an ownership interest in real property will be considered material if the decision affects real property value within 500 feet of the official's property. Nonetheless. the official may request a decision from the FPPC to allow the official to participate, even if the decision affects property value within 500 feet, if the FPPC finds that "there will be no reasonably foreseeable measurable impact on the official's property." The FPPC has relaxed the rules with respect to real property economic interests that stem from having an ownership interest in the common area of a common interest development. Previously, in addition to evaluating whether the decision concerned a project located within 500 feet of the public official's real property, it was necessary to evaluate whether the decision was within 500 feet of any homeowner association common area in which the official had an ownership interest. Now, Regulation 18702.2 excludes common areas in common interest developments from the definition of "real property" for the purpose of conducting a conflict of interest analysis. Thus. the proximity of homeowner association common areas to a project is no longer a factor in the conflict of interest analysis. With respect to an official's leasehold interests, Regulation 18702.2(b) now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest is material whenever the governmental decision will: • Change the termination date of the lease: • Increase or decrease the potential rental value of the property: • Increase or decrease the rental value of the property. and the official has a right to sublease the property: • Change the official's actual or legally allowable use of the real property: • Impact the official's use and enjoyment of the real property. There are a few exceptions by which the effect of a decision on an official's real property interest will not be considered material. The following decisions will not be considered to have a material effect on an official's real property interest: • The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities. ummary of Principal Conflicts of Interest Lows and Regulations Pr 2017 Richards. Watson & Gershon 2040772 Paye 12 Summory or the Major Provisions and Requ cements of Pnnapal Cartficts of Int Laws and Regoiallons • The decision solely concerns the adoption or amendment of a general plan and all of the following apply: • The decision only identifies planning objectives or is otherwise exclusively one of policy. A decision will not qualify under this subdivision if the decision is initiated by the public official, by a person that is a financial interest to the public official, or by a person representing either the public official or a financial interest to the public official. The decision requires a further decision or decisions by the public official's agency before implementing the planning or policy objectives, such as permitting, licensing, rezoning, or the approval of or change to a zoning variance, land use ordinance, or specific plan or its equivalent. • The decision does not concern an identifiable parcel or parcels or development project. A decision does not "concern an identifiable parcel or parcels" solely because. in the proceeding before the agency in which the decision is made, the parcel or parcels are merely included in an area depicted on a map or diagram offered in connection with the decision, provided that the map or diagram depicts all parcels located within the agency's jurisdiction and the economic interests of the official are not singled out. • The decision does not concern the agency's prior, concurrent, or subsequent approval of. or change to. a permit. license. zoning designation. zoning variance. land use ordinance, or specific plan or its equivalent. These rules replace the old "500 -foot rule" that applied before 2014. Of special interest to many local public officials, these provisions appear to allow public officials to participate in most decisions relating to slurry sealing. asphalt paving, curb and sidewalk repairs, or tree replacement, even if the work occurs within 500 feet of their property, due to the exception for repairs and replacement of existing infrastructure. c. Sources of Income The FPPC regulations also provide materiality standards for sources of income. Regulation 18702.3. A "source of income." as discussed above, is any person from whom a public official has received at least $500 in the twelve months prior to the relevant governmental decision. Regulation 18700.1. A "person" includes individuals. organizations, and business entities, § 82047. The regulations provide that any reasonably foreseeable financial effect on an individual, organization, or business entity that is a source of income to an official is deemed material if the public official receives or is promised the income to achieve a Summary of Pnncipol Conflicts of rnleres7 Lows or'd Reguiohons 2017 Richards Watson & Gershon 2040772 Page 13 jummory 4f me Mpu F'�u�4ions and Repuremen s cI F'rncrp J C,onfibc!s of Interest Laws and ReQuIofgns goal or purpose that would be achieved, defeated. aided. or hindered by the governmental decision. Regulation 18702.3(c). In addition to this general standard, the regulations provide further guidance that separately analyzes a source of income depending on whether the income comes from the sale of goods or services or from the sale of personal or real property. Regulation 18702.3. If the income is received from the sale of goods or services in the ordinary course of business. a financial effect on a source of income is material if: • The source is o claimant. applicant, respondent, contracting party, or otherwise named or identified as the subject of the proceeding: • The source is an individual that MI be financially affected under the standards applied to an official in Regulation 18702.5 (see Personal Finances below), or the official knows or has reason to know that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to a financial interest in Regulotion 18702.1 or 18702.2, respectively: • The source is a nonprofit that will receive a measurable financial benefit or loss, or the official knows or has reason to know that the nonprofit has an interest in real property that will be financially affected under the standards applied to o financial interest in Regulation 18702.2 [see Real Property - Modified "500 -Foot Rule" and Other Criteria above); or • The source is a business entity that will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entitles above). Regulation 18702.3(a). If the source of income is the "claimant, applicant, respondent, contracting party, or _._ otherwise named or identified os the subject of the proceeding," the financial effect will be deemed material. regardless of whether the source of income is an individual, o nonprofit, or business entity. If the source of income is not the "claimant, applicant, respondent. contracting party. or ... otherwise named or identified as the subject of the proceeding," the official wilt need to apply the other standards in Regulation 18702.3(a)(2) - (4). depending on whether the source of income is an individual, a nonprofit, or a business entity. If the income is from the sale of personal or real property belonging to either the official or the official's spouse, if the property is community property. the materiality of the financial effect will be determined as follows: .. the financial effect of the decision is material if the official knows or has reason to know that the source of income is a claimant, applicant, respondent, contracting party, or is otherwise named or identified as the subject of the proceeding, or has an interest in any business entity or real summary of Pnncipol Conficfs of Interest Laws and Regulo>sons 02017 Richards. wofson & Gershon 2040772 Page 11 Summary of me Mgor Provmans and Reqursments or Pnncrpat ConS is 01 Interest Laws and Reguratrou property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2. Regulation 18702.3(b). The regulation also includes additional provisions to help officials who receive income from retoi sales of a business entity in determining when a retail customer becomes a source of income. This new regulatory provision. which is intended to replace prior Regulation 18707,5, states: (d) Exception - Income from Retail Sales of a Business Entity: For purposes of applying the exception under Section 87103.5, the retail customers of a business entity constitute a significant segment of the public generally if the business is open to the public and ttie customers comprise a broad base of persons representative of the jurisdiction as a whole and not confined to any specid'aed interest. Income from an individual customer is not distinguishable from the amount of income received from other customers when the official is unable to recognize a significant monetary difference between the business provided by the individual customer and the general clientele of the business. An official is unable to recognize a significant monetary difference when either: (1) The business is Of the type that sales to any one customer will not have a significant impact on the business' annual net sales: or (2} The business has no records that distinguish customers by amount of sales. and the official has no other information that the customer provides significantly more income to the business than an average customer. Regulation 18702.3(d). If you own 10 percent or more of a business entity that is engaged in the retail sole of goods or services, we recommend that you review this provision in order to determine whether individual retail customers will be considered sources of income to you tor the purpose of analyzing conflicts under the Act. d. Sources of Gifts The FPPC regulations also provide materiality standards for sources of gifts. Regulation 18702.4. For the purpose of analyzing potential conflicts under the Political Reform Act, a donor becomes a "source of gifts" by providing a public official with gifts valued at $470 or more in the aggregate in the 12 months prior to a governmental decision. Regulations 18700(c)(6)(E). 18940.2. A person may also be a source of a gift by being an "intermediary or agent for a donor of" a similar gift. Regulation 18700(c) (b) (E). Under the FPPC regulations, a financial effect on o source of a gift is material if: • The source is a claimant, applicant, respondent, contracting party, Or otherwise named or identified as the subject of the proceeding; Summary or Principal Conftcts of interest Lows and Regulations 0 2017 Richards, Watson & Gershon 2040772 Page 15 Summory of the major Provisions and Requirements of Pnrcipat Conflcts of Interest Lows and Reguohons • The source is an individual that will be financially affected under the standards applied to an official in Regulation 18702.5 (see Personal Finances below), or the official knows or has reason to know that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2, respectively: • The source is a nonprofit that will receive a measurable financial benefit or loss, or the official knows or has reason to know that the nonprofit has an interest in real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.2 (see Real Property - Modified "500 -Foot Rule" and Other Criteria above): or • The source is a business entity that will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above). Regulation 18702.4. Like with sources of income, the analysis of materiality for sources of gifts may depend on whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is the "claimant, applicant, respondent. contracting party, or ... otherwise named or identified as the subject of the proceeding," the financial effect will be deemed material, regardless of whether the source is an individual, a nonprofit, or ❑ business entity. If the source of a gift is not the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the official will need to apply the other standards in Regulation 18702.4(b) - (d). depending on whether the source of income is an individual. a nonprofit, or a business entity. e. Personal Finances Finally. the regulations provide materiality standards for effects on personal finances. Regulation 18702.5. A reasonably foreseeable financial effect on on official's or his or her immediate family's personal finances is considered material if the official or the official's immediate family member will receive a measurable financial benefit or loss from the decision. Regulation 18702.5. The following are not considered to be a material financial effect under Government Code Section 87103: 11 Any establishment of or change to benefits provided under an employment or retirement policy for employees or retirees if the financial effect of the decision applies equally to all employees in the same bargaining unit or other representative group. 2) Payment of any travel expenses. to the extent allowed by law, incurred while attending meetings as an authorized representative of an agency. 3) Stipends received for attendance at meetings of any group or body created by law or formed by the official's agency for a special purpose, so long as the Summory of Pnncipol Conflicts of Interest Laws and Regulations 'O 2017 Richards, wotson P. Gershon 2040772 'oae'e Summary Of the major Proveons and Requirements. 01 Pnncipol COnfiCts OI In) est LOWS Ona Regulations selecting body posts on its website on a form provided by the Commission that includes: a list of each appointed position eligible for a stipend. the amount of the stipend for each position, the name of the public official who has been appointed to the position, the name of the public official, if any, who has been appointed as on alternate. and the term of the position. 4) The use of any government property, such as automobiles or other modes of transportation, mobile communication devices. or other ogency provided equipment for carrying out the official duties of a position, including any nominal. incidental, negligible, or inconsequential personal use while on duty. 5) Any personal reword received by the official when using a personal charge card or membership rewards program, so long as the reward is no different from the reward offered to the public and is limited to charges made solely for the official's approved travel expenses. 6) A decision to fill a position on the body of which the official is a member. Regulation 18702.5(b). Any effect on the interests noted above would not constitute a material effect on personal finances tor the purpose of the Political Reform Act. Regulation 18702.5 clarifies that if a decision only affects a business entity or real property in which the official has a financial interest, the regulation regarding personal finances does not apply. Regulation 18702.5(c). Under those circumstances, the official should analyze the applicable materiality standards tor those types of interests in Regulations 18702.1 and 18702.2 to determine whether a conflict exists. STEP FIVE DOES THE 'PUBLIC GENERALLY" EXCEPTION APPLY? Determine if the official can demonstrate that the material financial effect on the official's interest is indistinguishable from the decision's effect on the public generally. Once it is determined that it is reasonably foreseeable that a decision will have a material financial effect on an official's financial interest, it is necessary to evaluate whether an exception to the disqualification requirement is applicable. One exception, known as the "public generally" exception. provides that even if a governmental decision will have a reasonably foreseeable material financial effect on the official's financial interest. disqualification will not be required if the effect on the public official's financial interest is indistinguishable from the decision's effect on the financial interests of the public generally. Regulation 18703. Summon( of Pnnopol Conficts of Interest laws and Regulations C 2017 Richards wotson & Gershon 2040772 Page Sum. aryof me motor Provisions and Requwemenls of Pnncipol Conffrcls of Interest Lows and Regutotions In order to use this exception, the official must be able to demonstrate two core elements. First, the governmental decision must affect a "significant segment" of the public in the jurisdiction of the public agency. Second, the governmental decision's effect on the official's financial interest must not be unique as compared to the effect on the significant segment. Regulation 18703. The FPPC has simplified the regulation to determine what constitutes a sufficiently "significant segment" of the public. Regulation 18703(b). A significant segment of the public is "at (east 25 percent of any of the following: • All businesses or non-profit entities within the official's jurisdiction: • All real property, commercial red property. or residential real property within the official's jurisdiction: or • All individuals within the official's jurisdiction. Regulation 18703(b), To determine whether a decision's effect on the official's financial interest is "unique" as compared to the effect an the significant segment of the public, the FPPC requires that an official determine whether the decision has a "disproportionate" effect on: • The development potential or use of the official's real property or on the income producing potential of the official's real property or business entity. An official's business entity or real property resulting from the proximity of a project that is the subject of a decision. • An official's interests in business entities or real properties resulting from the cumulative effect of the official's multiple interests10 in similar entities or properties that is substantially greater than the effect on a single interest. • An official's interest in a business entity or real property resulting from the official's substantially greater business volume or larger real property size when a decision affects all interests by the same or similar rate or percentage. • A person's income, investments, assets or liabilities, or real property if the person is a source of income or gifts to the official. • An official's personal finances or those of his or her immediate family. Regulation 18703(c). i0 ownership 01 only two residential properties apporen1ty would n01 constitute "multiple interests ,,, in properties mot is substantially greeter than the effect on a single interestwagner Advice letter. FPPC No. A-15.247. 20)5 WL 9680333 12015J Summary Of Principal Conflicts of Interest ,Owl and Regulations Poge t 8 C 2017 Richards, Watson S Gershon 2040772 Summary of the Major Provisions and Requirements of Pnncipol Conflicts of interest Lows and Regulations The official's "jurisdiction" for the purposes of this regulation constitutes the "jurisdiction of the state or local government agency as defined in Section 82035, or the designated geographical area the official was elected to represent, or the area to which the official's authority and duties are limited if not elected." Regulation 18703(4 Real property is considered to be within a "jurisdiction" if the "property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two mies of any land owned or used by the local government agency." § 82035. The FPPC Regulations include a number of specialized "public generally" exceptions. Regulation 18703(e). The financial effect on an official's financial interest is deemed indistinguishable from that of the public generally if the official establishes: • The decision establishes or adjusts assessments, taxes. fees, or rates for water, utility, or other broadly provided public services or facilities that are applied equally, proportionally. or by the same percentage to the official's interest and other businesses, properties, or individuals subject to the assessment, tax. fee, or rate. • The decision affects the official's personal finances as a result of an increase or decrease to a general fee or charge. such as parking rates, permits. license fees. application fees, or any general fee that applies to the entire jurisdiction. The decision affects residential real property limited to a specific location, and the decision establishes, amends, or eliminates ordinances that restrict on -street parking, impose traffic controls, deter vagrancy, reduce nuisance or improve public safety, provided the body making the decision gathers sufficient evidence to support the need for the action at the specific location. • The decision affects all renters of residential property within the official's jurisdiction and only interests resulting trom the official's leasehold interest in his or her residence are affected. • The decision is made by a board or commission and the Iaw that establishes the board or commission requires certain appointees have a representative interest in a particular industry, trade, or profession or other identified interest, and the public official is an appointed member representing that interest. This provision applies only if the effect is on the industry, trade, or profession or other identified interest represented and there is no unique effect on the official's interest. • The decision is made pursuant to an official proclamation of a state of emergency when required to mitigate against the effects directly arising out of the emergency and there is no unique effect on the official's interest. Summary of Principal Conffcts of interest Laws and Regulations C 2017 Richards. Watson & Gershon 2040772 Page 19 Summon. of the Major Provspons and Requirements of Principal Cortices of Interest Laws and Regvio ions • The decision affects a federal, state, or local governmental entity in which the official has an interest and there is no unique effect on the official's interest. Regulation I8703(e). STEP SIX: MAY THE OFFICIAL MAKE OR PARTICIPATE IN MAKING A DECISION? Determine whether the public official will be making, participating in the making, or using or attempting to use his/her official position to influence o governmental decision. The Act applies when a public official is "making. participating in making, or using or attempting to use his/her official position to influence a government decision." Regulation 18704. If the offfcid will be called upon to make, participate in making. or use his or her official position to influence a governmental decision in which the official hos a financial interest, the official will have a prohibited conflict of interest. The FPPC regulations define each of these actions for purposes of applying the Act: • A public official "makes" o governmental decision when the official. authorizes or directs any action. votes. appoints a person. obligates or commits his or her agency to any course of action. or enters into any contractual agreement on behalf of his or her agency. Regulation 18704(a). " • A public official "participates in" a governmental decision when the official provides information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. Regulation 18704(b). A public official "uses his or her official position to influence" a decision if the official: (1) contacts or appears before any official in his or her agency or in an agency subject to the authority or budgetary control of his or her agency for the purpose of affecting a decision: or (n) contacts or appears before any official in any other government agency for the purpose of affecting a decision. and the public official acts or purports to act within " A pubic afRaars "delernwnahon not to act" does not constitute panccipohng in "making" o government decision when the pubic official is abstaining from a decision due to personal financial interest. Summon? of Pnncrpal Conflicts of Interest Lows and Regulations C2012 Richards. Watson & Gershon 2010772 Page 20 Summar,. of the Motor Provisions and Requirements o1 Pttncipol Conflicts of Interest Lows and ReguIasons his or her authority or on behalf of his or her agency in making the contact. Regulation 18704(c). There are limited exceptions to this rule. A public official is not making, participating in making, or influencing o government decision when the official acts in a solely ministerial, secretarial, or clerical manner, Regulation 18704(d)(1). In addition. on official is not making. participating in making, or influencing a government decision when the official appears before the public agency as a member of the general public to represent specific and limited "personal interests" or when the official negotiates his or her compensation or terms of employment. Regulation 18704(d). with respect to negotiating the terms of employment. however, "an official may not make a decision to appoint, hire. fire, promote, demote, or suspend without pay or take disciplinary action with financial sanction against the official or his or her immediate famly. or set a salary for the official or his or her immediate famly different from salaries paid to other employees of the government agency in the same job classification or position." Regulation 18704(d) (3). Making, participating in, or influencing a governmental decision also does not include communications to either the press or the general public. Regulation 18704(d)(4). Nor does it include academic decisions. Regulation 18704(d)(5). Limited actions in an official's professional capacity as an architect or engineer also are not considered to be making, participating in, or influencing a governmental decision. Regulation 18705(d)(6). Finolly, an official who serves os a consultant will not be participating in a decision by making a recommendation regarding additional services if the agency hos already contracted with the consultant - for an agreed upon price - to make recommendations concerning services of the type offered by the consultant. Regulation 18704(d)(7). STEP SEVEN: IS THE PUBUC OFFICIAL'S PARTICIPATION LEGALLY REQUIRED? Determine if the public official's participation is legally required despite o conflict of interest. A public official also is permitted to participate in making a governmental decision. despite having a conflict of interest in the decision, if no alternative source of decision exists that would be consistent with the purposes and terms of the stotute authorizing the decision. Regulation 18700(e), 18705(o). Summary of Principal Conflicts 01 Interest Laws and Regulations 0 2017 Richards Watson & Gershon 2040772 Page 21 Summary of the Motor Provisions and Requirements of Pnnc.pol Conflicts of Interest Laws and Regulations This exception is applied when a quorum of a legislative body cannot be convened due to the disqualifying conflicts of interests of its members. In that situation. as many members as are needed to create the minimum number for the quorum may be selected at random to participate. In these situations, stringent disclosure requirements apply, not only regarding the basis of the selected member's conflict of interest, but also the reason why there is no alternative source of decision-making authority. Regulation 18705(b). For the purposes of this section, a "quorum" means "the minimum number of members required to conduct business and when the vote of a supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption." Regulation 18705(d). Note that this rule is construed narrowly and may not be invoked to permit an official who is otherwise disqualified to vote to break a tie or to vote if a quorum can be convened of other members of the agency who are not disqualified, whether or not such other members are actually present at the time of the decision. Regulation 18705(c). 4. Abstention When a public official has a conflict of interest under the Act, he or she is required to abstain from making, participating in making, or using or attempting to use his or her official position to influence the local agency's decision. Abstention ovoids a violation of the conflict of interest provisions of the Act. The Act establishes specific procedures that most public officials must follow when they have a conflict of interest and are required to abstain from a decision. § 87105: Regulation 18707. Immediately prior to the consideration of the matter, the official must: (i) identify each financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required): (ii) publicly state his or her recusal from the matter: and (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar, or other similar portion of an agenda for uncontested matters, or the official is speaking as a member of the public regarding an applicable personal interest. § 87105: Regulations 18707, 18704(d)(2). The FPPC recently clarified the procedure required and precise information that must be disclosed, as described in new Regulation 18707. This includes additional information regarding rules for closed sessions and matters on the consent calendar. The procedure stated in Regulation 18707(a) must be followed by all council members. judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. §§ 87105, 87200. The Act does not require other public officials who must file financial disclosure forms under local conflict of interest codes to follow the same procedure, but the FPPC has now prescribed specific rules for those public officials. Regulation 18707(b). Summary of Pnncipof Conflicts of Interest Laws and Regulations C 2017 Richards Watson & Gershon 2040772 Page 22 Summary of the Major Provisions ono Requirements of Principal Conflicts of Interest Laws and Regulations Depending on the nature of his or her interest, a public official who must abstain from a decision may comment on the item as a member of the public during the public comment period on a matter related to his or her "personal interests." The term "personal interest" is defined to include an interest in real property or a business entity that is wholly owned by the official or his or her immediate family. Regulations 18704(d)(2)(A) and (B). It also includes business entities over which the official, or the official and his or her immediate family, exercise sole direction and control. Regulation 18704(d)(2)(C). If a public official wishes to speak on a matter related to his or her "personal interests," the official must publicly identify the financial interest (including all of the specific details required by the regulation). Regulation 187070)(1)(A). The public identification must be made orally and be included in the official public record. Regulation 18707(a) (1) (B). Subsequently, the official must recuse himself or herself and leave the dais to speak from the same area as the members of the public. Regulation 18707(a)(3)(C). Like other members of the public, the official may listen to the comments of other speakers on the matter. Regulation 18704(a)(3)(C), Note that when a public official abstains from a decision, his or her presence does not count toward achieving a quorum. Regulation 18707. Accordingly, if several officials must abstain from a decision under the Political Reform Act, there may not be sufficient members of the body present to consider a matter under the Brown Act. In such a circumstance, it may be possible to use the exception for legally required participation, as discussed above. 5. Penalties for Violation Administrative, civil and criminal penalties exist for violation of the conflict of interest provisions of the Act. The FPPC may levy administrative penalties after a hearing and may impose a fine of up to $5,000 per violation, a cease and desist order, and an order to file reports. § 83116. Civil penalties include injunctive relief that may be sought by the district attorney or any person residing in the jurisdiction. § 91003. In the event a court finds that the actions would not have been taken but for the action of the official with the conflict of interest, the court is empowered to void the decision. § 91003. Misdemeanor criminal penalties are provided in situations where a knowing or willful violation of the act occurs. and generally. persons convicted of violating the Act may not be a candidate for elective office or act as a lobbyist for four years after the conviction. §§ 91000, 91002. The statute of limitations for civil and criminal enforcement actions is four years from the date of the violation. §§ 91000(c), 9101 1(b). The statute of limitations for administrative actions brought by the FPPC is five years from the date of the violation. § 91000.5. 6. Seeking Advice on Conflict of Interest Questions It is important to note that only a formal advice letter from the FPPC staff can immunize a public official from potential enforcement by the FPPC or the District Attorney in the event the public official participates in a decision and someone subsequently alleges the public official had a prohibited conflict of interest. A formal advice letter usually Summary of Principal Conflicts of Interest Lows and Regulations O 2017 Richards. Watson S. Gershon 2040772 Page 23 Summary of the molar Provnbns and Requrements of Pane pot Conbch of Interest Low and Regulator's takes the FPPC staff at least a month to prepare, is only provided if the request relates to prospective acts (as distinguished from past acts). and if it contains sufficient facts upon which the FPPC is able to render a decision. Informal written advice (without immunity from potential enforcement action) may also be requested from the FPPC staff as well as informal telephonic advice through their technical assistance division at 1 866 ASK FPPC (1 866 275 3772). Based on the time frames required to obtain formal or informal written advice from the FPPC. it is important for public officials to consult their city attorney or local agency counsel as early as possible so as to provide adequate time to gather all relevant facts, draft a Tetter to the FPPC. and respond to the advice once given. B. Government Code Section 1090 Government Code Section 1090 provides in relevant part: "(m)embers of the Legislature. state, county, district. judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members." The purpose of the prohibition contained in Section 1090 is to preclude a public official from using his or her position to obtain business or financial advantage through the approval of contracts by the public entities which he or she serves. As more fully explained below. the prohibition applies to not only preclude a member of the body or board that approves the contract from directly contracting with that same public entity, but it also applies when the public official has a financial or other specified relationship to the entity that seeks to contract with the public entity. The intent of the law is to remove the possibility of any personal influence that might bear on on official's decision-making activities on contracts executed by his or her public entity. Upon the enactment of the Act in 1974, questions arose as to whether that new law impliedly repealed or preempted the provisions of Section 1090. The California Attorney General addressed this issue first, concluding in a 1976 opinion that the PRA did not implicitly repeal or preempt Section 1090. 59 Ops. Cd. Att'y Gen_ 604. 671 (1976). Since that time. the courts and the Attorney General have consistently considered Section 1090 as having continuing effect. For example, in People v. Honig. 48 Col. App. 4th 289, 328-29 (1996), the defendant in a criminal case for violations of Section 1090 argued that the Act superseded Section 1090. The California Court of Appeal declined to so rule, holding instead that the term "financially interested" in Section 1090 has a different meaning than the term "material financial effect" in the Act. In another case. the California Court of Appeal again held that the Act and Section 1090 are "two different statutory schemes." City of Vemon v. Central Basin Mun_ Water Dist., 69 Cal. App. 4th 508, 513 (1999); see also Fraser-yamor Agency. Inc. v. County of Del Norte. 68 Cal. App. 3d 201 (1977); People v. Vallerga. 67 Cal. App. 3d 847 (1977); City Council v. McKinley. 80 Cd. App. 3d 204 (1978): City of imperial Beach v. Bailey. 103 Cd. App. 3d 191 (1980); Thomson v. Call. 38 Col. 3d 633 (1985): Campagna v. City of Sanger, 42 Cd. App. 41h 533 (1996): 67 Ops. Cal. Att'y Gen, 369. 375 (1984); 69 Ops. Cd. Att'y Gen. 102 (1986); 70 Ops. Cd. Att'y Gen. 45, 47 (1987); 73 Ops. Cal. Att'y Gen. 191. 194-95 (1990). Summary of Pnncipol Con$bch of Interest Lows anal Regula horn C 2017 R,chards watson & Gershon 2040772 page 24 Summary of the Mayr Provisions and Requirements of Principal Conflets of interest Laws and Regulations Both the Act and the common law (meaning court -made) doctrine against conflicts of interest require the public official with a conflict of interest to abstain from participation in the decision. Section 1090. by contrast. also prohibits the public entity from entering into a contract in which one of its officers or employees has a financial interestunless certain exceptions apply. If the conflicted official is a member of a board or commission that executes the contract, he or she is conclusively presumed to be involved in the making of his or her agency's contracts. Thomson v. Call. 38 Cal. 3d at 649. This absolute prohibition applies regardless of whether the contract is found to be fair and equitable or the official abstains from all participation in the decision. Thomson, 38 Cal. 3d at 649-50: Fraser-Yamor Agency, 68 Cd. App. 3d at 211-12: City of Imperial Beoch, 103 Cal. App. 3d at 195. The only way a public entity could still enter into such a contract - i.e., in which an official has a financial interest - would be if that interest qualifies as a "remote interest" or "non-interest" within the meaning of specified provisions discussed below. 1. Three Principal Components of Section 1090 The prohibition contained in Section 1090 involves three principal components: (1) the person subject to the prohibition must be an officer or employee of one of the types of governmental entities listed in Section 1090; (2) the public officer or employee must be "financially interested" in a contract: and (3) the contract must be made by either the public official in his or her official capacity or by the body or board of which the official is a member. a. Officer or Employee of Listed Government Entity The first element is whether the person subject to the prohibition is a member of the Legislature or an officer or employee of the state, a county, a district, a judicial district. or a city. Virtually every officer or employee of a municipality or local governmental district is subject to the prohibition of Section 1090. In recent years, the courts have concluded that consultants may be considered "employees" for the purpose of civil liability under Section 1090 if they have the potential to exert considerable influence over the agency's contracting decisions. California Housing Finance Agency v Hanover/California Management and Accounting Center, Inc., 148 Cal. App. 4th 682. 691 (2007); see also, Hub City Solid Waste Services, Inc. v. City of Compton. 186 Cal. App. 4th 1114, 1124-1125 (2010). moreover, the courts have held that even private companies may be subject to Section 1090 where the company has the potential to exert considerable influence over the agency's contracting decision. Davis v. Fresno Unified School District, 237 Cal. App. 4th 261 (2015); McGee v. Balfour Beatty Construction. LLC, 247 Cal. App. 4th 235, 261 (2016). As such, we advise that both public agencies and independent contractors carefully evaluate whether their duties and obligations potentially allow them to influence the agency's contracting decisions. If so, their involvement in those contracting decisions must be evaluated for compliance with Section 1090. Summary of Principal Gantlets of Interest Laws and Regulahons 0 2017 Richards, Watson & Gershon 2040772 Page 25 Summary of the Manor Provisions and Requvements of Principal Conflcts of interest Lows and Reguiahons b. Financial Interest in a Contract The second element of the prohibition is the existence of a direct or indirect financial interest in a contract. The courts have interpreted the term "financially interested" as including any direct interest, such as that involved when a public official enters directly into a contract with the body of which he is a member. Thomson v. Call, 38 Cal. 3d 633 (1985). The courts have also interpreted "financially interested" as including indirect financial interests in a contract, where, for example, a public official has o business relationship with the entity that would be contracting with the public entity, or when the public official would gain something financially by the making of the contract. Fraser- Yomor Agency, 68 Cal. App. 3d 201 (1977); Finnegan v. Schroder, 91 Col. App. 4th 572, 579 (2001). In Thomson v. Call, the California Supreme Court described the breadth of the statute this way: "Section 1090 forbids city officers ... from being 'financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.' The proscribed interest certainly includes any direct interest, such as that involved when an officer enters directly into a contract with the body of which he is a member. California courts have also consistently voided such contracts where the public officer was found to have an indirect interest therein. . . . Neither the absence of actual fraud nor the possibility of a 'good faith' mistake on [the officer's] part can affect the conclusion that this contract violates section 1090 and is therefore void." 38 Cal. 3d at 645-46 (citations omitted) (emphasis added). In Thomson. a council member sold certain real property to a third party, knowing that the city was negotiating a deal to acquire multiple parcels of property in that area for a public park. The third party then conveyed the councilman's property to the city, in an apparent attempt to evade the provisions of Section 1090_ The court essentially "unwound" and invalidated the entire transaction based on the council member's interest in the transaction. The court refused to focus on the isolated contract between the city and the third -party that bought the property from the council member. but rather viewed all of the successive contracts as one complex multi-party agreement. The court ordered the council member to disgorge all funds he received in the transaction and ordered that the city retain title to the property. The court noted that this type of severe remedy was necessary to discourage violations of Section 1090. Other decisions have followed this same broad reading of "indirect interests." In People v. Vallerga, the California Court of Appeal summarized court decisions addressing financial interests under Section 1090 as follows: "However devious and winding the chain may be which connects the officer with the forbidden contract, if it can be followed and the connection made, the contract is void." 67 Cal. App. 3d 847, 867 (1977); see also People v. Honig, 48 Cal. App. 4th 289, 315 (1996) (stating the same rule). The scope of indirect interests that could form a "devious and winding chain" back to a public contract is broad, but this reflects the judicial stance of vigilant enforcement of Section 1090. See, e.g., Thomson, 38 Cal. 3d at 652 ("[T]he policy of strict enforcement Summary of Pnncipol Conflicts of interest Lows and Regubhons 02017 Richards. Watson & Gershon 2010772 Page 26 Summary of the Major Provisions and Requvements of Pnncpal Gantlets of Interest Lows and Regulations of conflict-of-interest statutes ... provides a strong disincentive for those officers who might be tempted to take personal advantage of their public offices, and it is a bright - line remedy which may be appropriate in many different factual situations."): Berko v. Woodward, 125 Cal. 119, 128 (1899) (noting the need for "strict enforcement" of the conflict of interest statutes). Although Section 1090 traditionally has been interpreted broadly, a recent California appellate decision warned against an overly broad interpretation of the term "financial interest" for the purpose of Section 1090. See Eden Township Healthcare District v. Sutter Health, 202 Cal. App. 4th 208, 228 (2011). The court acknowledged the general principle that the "defining characteristic of a prohibited financial interest is whether it hos the potential to divide an official's loyalties and compromise the undivided representation of the public interest the official is charged with protecting_" Id. at 221. The court concluded that the salaried CEO of a non-profit medical center, who also served on the board of a hospital district. was not financially interested in contracts between the medical center and the hospital district, despite the clear potential effect on his employer. td. at 222. The court noted that there was "nothing in the record to support the inference that the [agreements] bear any relationship to [the CEO's] continued employment" with the medical center. Id. at 223-224. Moreover, the court noted that there was "no evidence that [the CEO would) derive any financial benefit arising from the" agreements in question. Id. at 226. The court stated broadly: In our view, if the contract itself offers no benefit to the official, either directly or indirectly. then the official is not financially interested in the contract and any explicit legislative exemption for such a circumstance would be unnecessonly redundant. Id. at 228. The court distinguished the case of Miller v. City of Martinez, 28 Cal. App. 2d 364 (1938), in which the complaint alleged that a council member hod a financial interest in a contract with a company that employed him and in which he also held stock. Id. at 226. The ruling in Eden Township could be construed to suggest that an official is only "financially interested" in a contract that affects the official's compensation or continued employment.') In Tight of subsequent FPPC advice letters, however, there is continued uncertainty regarding the application and interpretation of the court's holding in Eden Township. 13 As such, we recommend that public officials seek legal assistance whenever a potential Section 1090 conflict arises. in addition to a "financial interest," there must be a contract in order for Section 1090 to apply. as described below. General contract principles apply to this determination and include such arrangements as purchase and service contracts as well as development agreements between o city and a developer (78 Ops. Cal. Att'y Gen. 230 (1995)): 82 See also. Ansolobehere Advice Letter. FPPC No. A-15-180. 2015 WL 9680325 (2015) Devaney Advice Letter. FPPC NO. A•15.213. 2015 WL 7252462 (20151: but cf. Carney Advice Letter. FPPC No. A-16-073, 2016 WL 3212417 and Dior Advice Letter. FPPC No. A-16-214. 2016 WL 7033000. 'r See. e.g.. Diaz Advice Letter, FPPC No. A-16-214. 2016 WL 7033000 and Ray Advice Letter. FPPC No. A-16.157. 2016 WI. 6565871 Summery of Pnncpal Conflicts of Interest Laws and Regulations CI 2017 Richards. Watson & Gershon 2040772 Poge 27 Summary of the motor Provisions and Requrements of Principal Contacts or Interest laws and Regootlons Ops. Cal. Att'y Gen. 126. 129 n,4 (1999)). joint powers agreements (People v, Gnass, 101 Cal. App. 4th 1271, 1301 (2002)), and payments for conference attendance expenses (75 Ops. Cal. Att'y Gen. 20 (1992)). c. A Contract "Made" by the Official or by a_`odv or !card of which the Official is a Member The third element necessary for a Section 1090 violation is that the contract hos to be "mode" either by the official or employee acting in his or her official capacity. or by any body or board of which the official is a member. The "making" of a contract is most commonly implicated by a city council's approval of a simple purchase order as part of the approval of a demand warrant registrar: this is likely to constitute the making of a contract within the scope of Section 1090. The courts have construed the term "made" as encompassing such elements in the formation of a contract as preliminary discussions, negotiations. compromises. reasoning. planning, and drawing of plans or specifications and solicitation for bids. MiNbroe Ass'n for Residential Survival v, City of Millbrae. 262 Cd. App. 2d 222, 237 (1968). For example. in City Council of San Diego v. McKinley, 80 Cd. App. 3d 204. 212 (1978), a court of appeal found a Section 1090 violation when a city council entered into an agreement with a landscape architectural Firm, of which the president. a stockholder, was also a member of the city's parks and recreation board. The board investigated and advised the city counci on parks and recreation development issues, and it approved plans for a Japanese garden for which the board member's company ultimately received the development contract. Even though the board member was not a member of the city counci, which awarded the contract to his company, the boord member's participation in the planning for the garden was sufficient to constitute participation in "making" the contract: "[T]here is ample authority the negotiations. discussions, reasoning, planning. and give and take which go beforehand in the making of o decision to commit oneself must all be deemed to be a part of the making of an agreement in the broad sense. [Citation omitted.[ Thus. the final execution of a contract. which is the time when the contract is technically made, is not the only time when a conflict of interest may be presented." 80 Cd. App. 3d of 212. Similarly, in Stigoll v, City of Taft, 58 Cal. 2d 565. 569-70 (1962). the California Supreme Court held that an impermissible conflict existed in a contract with a plumbing company owned by a council member, even though the council member resigned before the plumbing company's bid was accepted. The court recognized that activities prior to the signing of a contract con be integral to the decision to accept the contract. td. at 569; see also Campagna v. City of Sanger, 42 Cal. App. 4th 533, 538 (1996). Summary or Principal Conflicts of Interest Lows orid Regulations C 2017 Richards Watson & Gershon 2040772 Page 28 Summary of the Motor provisions and Requirements of Pnnc pal Conficts of Interest Lows and Regulations 2. Exceptions to Section 1090 a. "Remote Interest" Exception There are two categories of exceptions to Section 1090. The first, encompassing what are commonly referred to as "remote interests." is set forth in Section 1091. It on official has only a remote interest in a contract, then the local agency may enter into the contract as long as the official abstains from participating in the decision in any way. Although this is not an exhaustive list of the "remote interest" exceptions, a few examples of "remote interest" exceptions include the following: • Remote interest exception for a compensated officer or employee of a nonprofit corporation (Section 1091 (b)(1)); • Remote interest exception for a person receiving a government salary, per diem, or reimbursement for expenses, even when the contract involves the deportment of the government entity that employs the board member (Section 1091 (b)(13)): and • Remote interest exception for a litigation settlement agreement between on officer that is party to litigation involving the body or board of which the officer is a member (Section 1091 (b) (15)). • Remote interest exception for the owner or partner of a firm who serves as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from: (1) providing any advice to the contracting agency regarding the contract between the firm and the contracting agency; and (2) any participation in reviewing a project that results from that contract (Section '1 091 (b)(17)). The "remote interest" exception applies only if the interest is disclosed to the body that approves the contract, the disclosure is noted in that body's official records, and the official abstains from voting. Further, members with a "remote interest" may not attempt to influence any other member of the body or board of which they are members to enter into the contract, Summary of Principal Confhcts of Interest Laws and Regulations ID 2017 Richards. Watson g Gershon 2040772 age 29 Summary of the Major Provisions and Requirements of Principal Conflicts of Imest Lows ono Regubeons b. "Non -Interest" Exceotion The second category of exceptions is found in Section 1091.5. These are coiled "non- interest" exceptions and apply to a type of interest that is completely exempt from Section 1090 and, if held by the official, does not require abstention. Unlike the "remote interest" exceptions in Section 1091. most of the "non-interest" exceptions listed in Section 1091.5 are available to both board members and employees who are covered by the general prohibition in Section 1090. Although this is not an exhoustive list. examples of some of those exceptions are listed below: • Non-interest exception for government salary, per diem, or reimbursement of expenses when the contract does not involve the department of the government entity that employs the officer or employee (Section 1091.5 (0) (9)1: • Non-interest exception for government salary to an officer's or employee's spouse when the spouse was employed by the government entity for at least one year prior to the officer's or employee's election or appointment (Section 1091.5 (a)(6)): • Non-interest exception for o non -compensated officer of a non-profit corporation that supports the functions of the public entity or to which the public entity is required to give particular consideration (Section 1091.5 (a) (8)); • Non-interest exception for non -salaried members of a non-profit corporation (Section 1091.5 1a)(7)); and • Non-interest exception involving the receipt of public services on the same terms os would be provided if the officer were not a member of the governmental body or board (Section 1091.5(a)(3)): and • Non-interest exception for contracts for public services between a special district and its board members if the special district requires board members to be landowners or representatives of o landowner and the contract is mode on the same terms and conditions granted to everyone else. (Section 1091.5(0J(14)). This exception was enacted in 2013. For purposes of the exception, "public services" include the powers and purposes generally provided pursuant to provisions of the Water Code relating to irrigation districts. California water districts, water storage districts, or reclamation districts. Summary of Prinopol Con Nets of interest lows and Regulations 2017 Richards. Watson & Gershon 2040772 Rage 30 Summary of the Moor Provisions and Requirements of Principal Conacts Of Interest Laws and Regulations 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to Severe Penalties Finally, it is important to note the extreme consequences of a Section 1090 violation and thus the caution with which persons must act to ensure compliance with this law. A public official who wilfully violates any of the provisions of Section 1090 "is punishable by a fine of not more than $1,000, or by imprisonment in the state prison, and is forever disqualified from holding any office in this state." § 1097. The civi fines applicable to Section 1090 violations now can be up to $10,000. § 1097.3(a), In addition, a contract made in violation of Section 1090 is void under Section 1092. People ex rel. State v. Drinkhouse, 4 CaI. App. 3d 931, 935 (1970) ("(Aj contract in which a public officer is interested is void, rather than voidable as the statute indicates."). And as with the Political Reform Act, acting on the advice of counsel is not a defense too Section 1090 violation. See People v. Chocon. 40 CaI. 4th 558 (2007): Chapman v. Superior Court, 130 Col. App. 4th 261 (2005). Given these consequences. it is advisable tor public officials to be very cautious in deciding whether they may participate in a contracting decision based on the existence of a "non-interest exception." whether they must abstain from those decisions based on the application of a "remote interest" exception. or whether their financial interest lies outside any exception and therefore precludes the public entity from entering into the contract altogether. 4. Aiding and Abetting Section 1090 Violations In 2014, the California Legislature adopted Senate Bill 952. which added a subsection (b) to Government Code Section 1090, which now reads: "An individual sholl not aid or abet a Member of the Legislature or a state, county, district, judicial district, Of city officer or employee in violating subdivision (a)" of Section 1090. The Legislature added o simiar provision to Section 1093 such that a person "shall not aid or abet the Treasurer, Controller, a county or city officer, or their deputy or clerk" in purchasing or selling "warrants, scrip, orders, demands, claims. or other evidences of indebtedness" for persona gain. § 1093. The Legislature also added a penalty for these crimes to Section 1097, which applies when a person "willfully aids or abets an officer or person in violating" Section 1090 or certain other conflict provisions. In Tight of these new provisions, city officers and employees must be careful to avoid "aiding and abetting" o Government Code Section 1090 violation. 5. Seeking FPPC Advice on Section 1090 in 2013, the State Legislature adopted Assembly Bill 1090, which amended the enforcement provisions applicable to Government Code Section 1090. With the adoption of AB 1090, a person who is subject to the prohibition in Government Code Section 1090 may request advice and/or a formal opinion from the FPPC. § 1097.1(c). Such advice is admissible as evidence of good faith conduct by the requester if the requester truthfully disclosed all material facts and relied on the advice or opinion of the Summary cif Principal Conficfs of Interest Laws and Regulohons 2017 Richards. wafson & Genhor' 2040772 doge 31 Summary of the Major Provtsons and Requirements of Pnncipoi Conhcls of Interest Laws and Regutotfions FPPC. § 1097.1(c). In addition, the FPPC is now authorized to enforce the prohibition in Government Code Section 1090 through administrative or civil actions. § 1097.1(a). 6. Statute of Limitations for Section 1090 Violations The statute of limitations for bringing a criminal prosecution under Section 1090 is three years from the discovery of the violation. People v. Honig, 48 Cal. App. 4th 289, 304 (fn. 1) (1996): Penal Code §§ 801, 803(c). However, under Government Code Section 1092, a four-year statute of limitations applies to actions brought under Section 1090 to invalidate a contract. This four-year statute of limitations begins to run from the date that the plaintiff has discovered the violation, or in the exercise of reasonable care, should have discovered the violation. A four-year statute of limitations also applies to civil actions brought by the FPPC. § 1097.3(c). C. Common Law Doctrine against Conflicts of Interest The common law doctrine against conflicts of interest constitutes the courts' expression of the public policy against public officials using their official positions for their private benefit. See Terry v. Bender, 143 Cal. App. 2d 198, 206 (1956). This doctrine provides an independent basis for requiring public officials and employees to abstain from participating in matters in which they have a financial interest. Violation of the doctrine can amount to official misconduct and can result in loss of office. Nussbaum v. Weeks, 214 Cal. App. 3d 1589 (1989). By virtue of holding public office, an elected official "is impliedly bound to exercise the powers conferred on him with disinterested skill, zeal, and diligence and primarily for the benefit of the public." Noble v. City of Palo Alto, 89 Cal. App. 47, 51 (1928). An elected official bears a fiduciary duty to exercise the powers of office for the benefit of the public and is not permitted to use those powers for the benefit of a private interest, Id. The common law doctrine against conflicts of interest has been primarily applied to require a public official to abstain from participation in cases where the official's private financial interest may conflict with his or her official duties. 64 Ops. Cal. Att'y Gen. 795. 797 (1981). However. the doctrine also applies when specific circumstances preclude a public official from being a disinterested, unbiased decision maker for a quasi-judicial matter. In one case, a council member who voted to deny permits for a condominium project near his house was deemed to have a common law conflict of interest (e.g., bias) due to his interest in preserving his ocean view and his personal animosity toward the applicants. Clark v. City of Hermosa Beach, 48 Cal. App, 4th 1 152 (1996). However, a more recent court decision creates some uncertainty as to whether the common law doctrine should be applied when statutory conflict of interest laws already address the particular situation. In Breakzone Billiards v. City of Torrance, 81 Cal. App. 4th 1205, 1233 (2000), the court declined to construe allegations of an official's bias in a decision to constitute a conflict of interest at common law when the applicable statutes already had been construed not to create a conflict of interest in that situation. In &eakZone, the court indicated. "[wje continue to be cautious in Summary of Pnncipoi Conflicts of Interest Lows and Regulations ID 2017 Richards. wotson & Gershon 2040772 Page 32 Summary of the Major Provisions orb Reaurements of Principal Conficts of Interest Laws and Regulations finding common law conflicts of interest .... we reject the application of the doctrine in this case. assuming. arguendo. it exists." 81 Cal. App. 4th at 1233_ Summary of Pnnppoi Conficts of Interest Lows and Regucctions C 2017 Richards. Watson d Gershon 2010772 Page 33 Summary of the Major Provisions and Requvemenh of Principal Conficts of Interest Lows and Regulations II. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS A. Doctrine against Holding Incompatible Offices 1. The Common Law Doctrine against Holding Incompatible Offices In oddition to Government Code Section 1099 (discussed below). a common law doctrine (that is. legal principles established over time by court decisions) applies to prevent public officials from holding multiple public offices simultaneously. The common law doctrine against incompatibility of offices arose from a concern that the public interest would suffer when one person holds two public offices which might possibly come into conflict. The California Supreme Court set forth the following test for incompatibility of offices in People ex rel. Chapman v. Rapsey, 16 Cal. 2d 636 (1940): "Two offices are said to be incompatible when the holder connot in every instance discharge the duties of each. Incompatibility arises, therefore, from the nature of the duties of the offices. when there is an inconsistency in the functions of the two, where the functions of the two are inherently inconsistent or repugnant, as where antagonism would result in the attempt by one person to discharge the duties of both offices, or where the nature and duties of the two offices are such as to render it improper from considerations of public policy for one person to retain both." 16 Cal. 2d at 641-42. Incompatlbiity of offices is not measured only by conflicts which do exist, but also by those conflicts which might arise. Chapman, 16 Cal_ 2d 636. 641-42 (1940); 66 Ops. Cal. Att'y Gen. 382, 384 (1983); 64 Ops. Cal. Att'y Gen. 288, 289 (1981). In order to determine whether two positions are in conflict. it is necessary to determine first whether the two positions are both public offices within the scope of the doctrine. No statutory definition is given to the term "public officer." However, in Chapman, the court stated: "(A) public office is said to be the right, authority, and duty, created and conferred by law—the tenure of which is not transient, occasional, or incidental—by which for o given period an individual is invested with power to perform a public function for public benefit ... . One of the prime requisites is that the office be created by the Constitution or authorized by some statute. And it is essential that the incumbent be clothed with a part of the sovereignty of the state to be exercised in the interest of the public." 16 Cal. 2d at 640 (citation omitted). Summary of Principal Conflicts of interest Laws and Regulators O 2017 Richards. Wohon & Genian 2010772 Page 31 Summary of the Molar Prow,ons and Requrernenh oI Pnncspal Conficlt Of Interest Laws onC Regutot+ot Incompatibility can be triggered it the duties of the two offices "overlap so that their exercise may require contradictory or inconsistent action, to the detriment of the public interest." People ex rel. Bogshaw v. Thomson, 55 Cd. App. 2d 147, 150 (1942). Only one significant clash of duties and loyalties is required to make offices incompatible. 37 Ops. Cal. Att'y Gen. 21. 22 (1961). The policy set forth in Chapman includes prospective as well as present clashes of duties and loyalties. 63 Ops. Cd. Att'y Gen, 623 [1980). Abstention has not been recognized as a remedy for incompatible offices. The general rule provides: "The existence of devices to ovoid . . , [conflicts] neither changes the nature of the potential conflicts nor provides assurances that they would be employed. Accordingly. the ability to abstain when a conflict arises will not excuse the incompatibility or obviate the effects of the doctrine." 66 Ops. Cal. Att'y Gen. 176, 177 (1983) (citation omitted). The effect of the doctrine of incompatibility of offices is that a public official who enters into the duties of a second office is deemed to have automatically vacated the first office if the two are incompatible. Chapman. 16 Cal. 2d at 644. A list of some of the offices that the California Attorney General has found to be incompatible are as follows: • County boord of supervisors member and community college board member. 78 Ops. Cal. Att'y Gen. 316 (1995). • Fire chief and board of supervisors member. 66 Ops. Col. Ati'y Gen. 176 (1983) , • Public utility district member and county board of supervisors member. 64 Ops. Cd. Att'y Gen. 137 (1981). • School district trustee and council member. 73 Ops. Cd. Att'y Gen. 354 11990). • School board member and council member. 65 Ops. Cal. Att'y Gen. 606 (1982). • County plonning commissioner and council member. 63 Ops. Cal. Att'y Gen, 607 (1980). • Fire chief and council member. 76 Ops. Cal. Att'y Gen. 38 (1993). • County planning commissioner and city planning commissioner. 66 Ops. Cal. Att'y Gen. 293 (1983). Storwrory of P/inppat Canficss or Interest Laws ono Regubl+oys O 2017 Richards_ Watson $ Gershon 2040772 page 35 Summary of the manor Provisions and Requirements of Pnncpal ConnVS Of Interest Lows and Regulations • County planning commissioner and county water district director. 64 Ops. Cal. Att'y Gen. 288 (1981), • City planning commissioner and school district board member. 84 Ops. Cal, Att'y Gen. 91 (1997). • City manager and school district board member. 80 Ops. Cal. Att'y Gen, 74 (1997). • School district board member and community services district board member, 75 Ops. Cal. Att'y Gen 1 12 (1992). 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section 1099 Government Code Section 1099 is intended to create o statutory rule against holding incompatible offices. This section is not intended to expand or contract the common low rule and is intended to be interpreted based on precedent created through court decisions under the common law doctrine. Stats. 2005, c. 254 (S.B. 274), § 2. Section 1099 provides that a public officer, including but not limited to an appointed or elected member of a governmental board, commission. committee or other body. shall not simultaneously hold two public offices that are incompatible as defined by the statute. Section 1099 provides that offices are incompatible when: • Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body: • Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties and loyalties between the offices; or • Public policy considerations make it improper for one person to hold both offices. As is the case under the common law doctrine. Section 1099 provides that when two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second office. However. Section 1099 recognizes that certain state lows or local ordinances may expressly provide for the simultaneous holding of particular offices and that result would not be precluded by Section 1099. Section 1099 does not apply if one of the positions is an employment rather than an office. It also does not apply when one of the positions is member of a legislative body that has only advisory powers. § 1099(c), (d). Summary Of Pnnapal Conflcts of Interest laws and Regulations O 2017 Richards. Watson & Gershon 2040772 Page 36 Summary of 'he Moi. Prov,s ons and Requirements of Principal Conflicts of Interest Lows and Regua^ons B. Incompatible Outside Activities Government Code Section 1 126(a) provides: "(A) local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed...." The provisions of Section 1 126 prohibit officials and employees of a local government agency from engaging in outside employment or activities where any part of the employment or activity will be subject to approval by any other officer, employee, board or commission of the local agency. Exceptions are created to permit a public official to engage in outside employment by a private business, and to permit an attorney employed by a local agency in a non -elective position to serve on an appointed or elected governmental board of another agency. §§ 1127, 1 128. However, the court in Mazzola v. City and County of San Francisco, 112 Cal. App. 3d 141 (1980) ruled that Section 1 126 provides only authorization to implement standards for incompatibility pursuant to paragraph (b) of Section 1126. The court ruled that the restrictions of Section 1126 are not self-executing because existing and future employees should have notice that specific outside activities are or are not compatible with their duties as an officer or employee of the local agency. Thus. Section 1126 would not bar a public official from holding a position outside his or her public agency unless the public agency in which he or she serves as a public official adopts an ordinance in compliance with the requirements of Section 1126 that specifies that the two positions or activities are incompatible. Many cities have not adopted such ordinances. In light of the court's decision in Mazzola. the Attorney General ruled that Section 1 126 did not apply to any elected official, such as a council member, since elected officials do not have an "appointing power" that can promulgate guidelines for their activities pursuant to Section 1 126. However, if a local agency adopts such guidelines, they can be made applicable to officers and employees subordinate to the legislative body of the Iocai agency, including members of advisory boards and commissions. § 1 126(a). C. Successor Agency and Oversight Board Conflicts 1. Form 700s for Successor Agency and Oversight Board Members Regarding any city that adopted a resolution establishing a successor agency to the former redevelopment agency as a separate legal entity, on official who already files an annual Form 700 in his or her capacity as a city official does not need to file an Assuming Office Statement ("Assuming Office Form 700") within 30 days of assuming his or her position with the successor agency as long as these same city officials ore Summary of Principe! Conflcts of Interest Lows and Regulofions ti 2017 Richards, Watson & Gershon 2040772 Page 37 Sunvnory of the Maps Provisions and Reaureenents or Pnncipai ConhCtS of hborest Laws and ReQulonons already required to disclose all categories of economic interests. The successor agency official or employee will, however. have to fie on Assuming Office Form 700 if he or she is not already required to disclose as a city official dl categories of economic interests. With respect to those successor agency officers and employees who do have an obligation to file an Assuming Office Form 700, the 30 -day deadline for completing those filings is likely 30 days from the date he or she was appointed rather than 30 days after the officer or employee is sworn in to office or starts to perform duties. This means that if the successor agency was formed as a separate governmentd entity, the date that the official was appointed to his or her position would be the date that the successor agency adopted its rules and regulations, established successor ogency positions in those rules, and designated specific city officials to fill those positions. However, if the successor agency appointed certain city officials to those positions at a later point in time. that later date would be the dote from which the 30 day period would commence to run. Members of an oversight board ore subject to the Political Reform Act. This means oversight board members must comply with both the Act's conflict of interest disqualification and disclosure requirements. Oversight board members who do not also hold a concurrent city position need to file an Assuming Office Form 700 within 30 days of their appointment. For example, the appointees of the county, superintendent of schools, and other non -city representatives who do not concurrently hold a city position, should tile an Assuming Office Form 700 as an oversight board member and file it with the city clerk. Simaarly, if one or both of the mayor's appointees do nol concurrently hold a position with the city requiring disclosure of economic interests in all categories, they should file an Assuming Office Form 700 within 30 days of their appointment. However, if a person appointed by the mayor to represent the city on the oversight board or any other appointee to the oversight board concurrently holds a position with the city that is already required to broadly disclose in all categories, these persons would not be required to file an Assuming Office Forrn 700 under the FPPC staff rationale noted above. 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes The Act requires that local government agencies must adopt a conflict of interest code. An exception applies for those agencies where all of its officials and employees are dready required to file Statements of Economic Interests as city officials. In the case of a successor agency, some members of its oversight board will not be city officials or employees For example. the county, school district. county superintendent, and community college appointees ore most likely not going to be current city officials or employees. Consequently. the successor agency must adopt a conflict of interest code that includes the oversight board. Su' wn ry of Pnncipal Conflicts of tnteres! Laws and PeguloAons 0 2017 Richards. Watson b Gershon 2040772 Poge 38 Summary of the Ma1or P'ovis+ons and Requrernents of Pr,nc,poI Conflicts of Interest Laws anti Regulations 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code Section 8201 1(c) provides that for "city agencies." the code reviewing body is the city council. The term "city agencies" is not defined in the Act but hos been interpreted by the FPPC 10 mean local government agencies located solely within the boundaries of one city. In the past, the FPPC has interpreted a redevelopment agency as being o "city agency" and the city council as being the code reviewing body tor the redevelopment agency. In the case of a successor agency of a former redevelopment agency that operates solely within the boundaries of one city, the successor agency will not have ❑ jurisdictional boundary that extends beyond the boundary of the city. Consequently, the city council of the city in which the former redevelopment agency operated will be the code reviewing body for the successor agency. The city council, as the code reviewing body. is required to review and approve the successor agency's conflict of interest code not later than six months from the date the successor agency came into existence, § 87303. However. we recommend that this step be completed prior to that deadline for reasons mentioned below. Thus, it is appropriate to place the successor agency's conflict of interest code on o city council agenda for approval soon after the successor agency has adopted it. 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests The term "filing officer" is defined in the Act to be the office or officer with whom any statement or report is required to be filed under this title. § 82027. In determining where Form 700s are to be filed for officials of a successor agency. the city council, as the code reviewing body. may designate whether the "agency" (successor agency) or the "code reviewing body" (city council) is to be the entity with which Form 700s are filed. § 87500(p). Once that designation is made, the duty to perform the functions of filing officer must be delegated to an individual in either entity such as the city clerk, pursuant to Regulation 18227. The person designated becomes the "filing officer." Regulation 18227 provides that every entity with whom forms are tiled sholl assign to o specific official the responsibility for receiving and forwarding reports filed pursuant to Section 87500 (including Form 700s), Once assigned. the tiling officer has a duty to supply Form 700s, review submitted Form 700s for completeness, and notify all persons who hove failed to file forms and report violations to appropriate agencies. See § 81010. Thus, the city clerk or the successor agency secretary will most likely be the filing officer for the successor agency but such designation will ultimately be determined by the city council when acting as the code reviewing body for the successor agency's conflict of interest code. In the action to approve the successor agency's conflict of interest code, the city councll should approve the successor agency's designation of the city clerk or successor agency secretary to be the filing officer for the successor agency's officials. In the meantime, it is appropriate for the city clerk or successor agency Summary of Principal Conflicts of interest lows and Regulations C 2017 Richards. Watson & Gershon 2010772 Poge 39 Summon,. of me Major Wovrssons and Requirements of Pnncipol Conlrce or Interest Laws oho QeyuIot,ons secretary to begin performing the duties of the filing official for the successor agency even though such designation will not be finalized unto approved by the city council as the code reviewing body. It is recommended that one of the first steps for the city clerk or successor agency secretary to undertake is to make a record of the appointment dote for each officer of the successor agency and each member of the oversight board_ with respect to those officials of the successor agency and oversight board that are not otherwise exempt from fling Assuming Office Form 700s for their position with the successor agency, city clerks should provide forms to those persons and facilitate the Ring of those forms within the 30 -day time period required. D. Discount Passes on Common Carriers Article XII, Section 7 of the California Constitution states: "A transportation company may not grant free passes or discounts to anyone holding an office in this state: and the acceptance of a pass or discount by a public officer, other than a Public Utilities Commissioner, shall work a forfeiture of that office. A Public Utilities Commissioner may not hold an official relation to nor have a financial interest in a person or corporation subject to regulation by the commission." The Attorney General has explained this provision applies in the following manner: • The prohibition applies to public officers, both elected and non -elected, but not employees, • The prohibition applies to interstate and foreign carriers as well as domestic carriers, and to transportation received outside California. • The prohibition applies irrespective of whether the pass or discount was provided in connection with personal or public business. • Violation of the prohibition is punishable by forfeiture of office. There have only been a few decisions that address this constitutional prohibition_ In one opinion, the Attorney General granted leave to sue two members of o city council who accepted free airline tickets to London given by Laker Airlines as part of the airline's promotion of its new Los Angeles to London service. Despite the fact that the council members were unaware of the prohibition, the Attorney General allowed a quo warranto suit that subsequently settled before judgment. See. e.g.. 76 Ops. Cal. Atty. Gen, 1, 3 (1993). In another opinion, the mayor of a city received an upgrade from a coach seat to a first class seat on Hawaiian Airlines, 76 Ops. Cal. Atty. Gen. I (1993). There. the mayor's ticket was one of 20 first-class upgraded tickets that the airline was allowed to provide to "high profile, prominent members of the community." At issue was whether that 5urnmory of Pnncipoi ContIcts of Interest Lows and kegulonons 0 2017 Richords, Watson & Gershon 2040772 Paye 40 5urnmory of the Motor Provma.s and Regueements of Pnncipdi Conflicts of Interest Lows and Regulation situation fit within an exception to the constitutional prohibition for situations when the free transportation or discount is provided to a public officer as a member of a larger group unrelated to the official's position. The Attorney General ruled that the facts did not satisfy the exception and that a violation of the prohibition had occurred. The exception considered in that opinion stemmed out of a 1984 opinion of the Attorney General which held that a public officer could accept first-class ticket upgrades by virtue of the airline's policy to do so for all persons on their honeymoon. In 67 Ops. Cd. Atty. Gen. 81 (1984), the Attorney General concluded that a public officer. whose spouse was a flight attendant, could accept o free transportation pass or discount when such was offered to all spouses of flight attendants without distinction to the official status of the recipient. Consequently. if the pass or discount is provided to the official because oI his or her position as a governmental official, the prohibition applies. If it is provided to the official as a member of a larger group that is not related to the functions of his or her office. the prohibition may not be applicable. E. Conflicts upon Leaving Office - the "Revolving Door" Former elected officials and former city managers are restricted from receiving compensation for lobbying their city for one year after they leave public office. This restriction also applies to elected county and district officials and their chief administrative officers or general managers. but not to department directors or other public officials and employees. § 87406.3(a). A violation of the statute constitutes a misdemeanor, and the FPPC is authorized to impose administrative fines and penalties for its violation. § 91000. The type of lobbying subject to the ban includes both formal and informal appearances before a local agency and making any oral or written communication to the agency. The statute proscribes the appearances and communications if they are made to influence administrative or legislative action, or affect the issuance. amendment, awarding or revocation of a permit, license. grant, or contract. or the sale or purchase of goods or property. § 87406.3(a). The term "administrative actions" within the scope of the lobt yang bon includes "the proposal, drafting, development, consideration, amendment, enactment. or defeat by any local government agency of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi -legislative or quasi-judicial." However, matters that are "solely ministerial" are expressly excluded from the prohibition. § 87406.3(d) (1). The type of "legislative action" within the scope of the ban includes: "the drafting, introduction, modification, enactment, defeat. approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by the legislative body of a Iocd government agency or by any committee or subcommittee thereof, or by a member or employee of the legislative body of the local government agency acting in his or her official capacity." Summary of Pnnopol Conflicts of Interest lows and Regutofgns C 2017 Richards. woIsom & Gershon 2040772 Page 41 ..,mr-cry of tr.t uf:w 3rd Nequ. a :.ent5 of Pnncpol C on•kcts of interest Laws ori Regulations § 87406.3(0(2). The lobbying ban does not apply to any public official who is appearing or communicating on behalf of another local goveming body or public agency of which the individual is a board member, officer or employee. Therefore. if such former elected city official or former city manager is contacting his or her city on behalf of the state. county, a school district or some other governmental entity, such activity is not precluded by the bon. Some cities have their own preexisting "revolving door" ordinances that regulate the lobbying activities of their former public officials. This state law expressly does not preempt those ordinances or prevent cities from adopting additional ordinances on the subject in the future. provided those ordinances are more restrictive than the state law. § 87406.3(c). Thus. the law merely sets a new minimum standard applicable to all cities. F. Laws Prohibiting Bribery A number of state statutes prohibit bribery of public officials. Specifically, it is illegal to give or offer to give a bribe to a public official, or for a public official to ask for, receive, or agree to receive any bribe. Pend Code §§ 67. 68. Under a strict reading of these statutes. Penal Code Section 68 applies to bribery of a "ministerial officer, employee, or appointee," and Penal Code Section 67 applies only to bribery of on "executive officer in this state," but the courts have interpreted both statutes as having a broad scope applicable to public officials generally. People v. Hallner, 43 Cal. 2d 715. 717 (1954) (observing that Penal Code Section 67. despite its wording, is "all inclusive" and includes city officials, and that "(b)y the sixty-seventh section the offense defined is that of one who otters; by the sixty-eighth, that of one who receives a bribe"): People v. Stroh?. 57 Cal. App. 3d 347, 360 (1976) ("Numerous California Supreme Court and appellate court decisions since 1954 have held that 'executive officers' of various levels of local government. including the county level, as herein involved, come within [Penal Code) Section 67."). The Legislature also expressly made bribery of council members and supervising officials o crime, as well as solicitation of bribes by council members and supervisors. Penal Code § 165. Another statute makes it a crime for anyone 10 attempt to bribe "any person who may be authorized by law to hear or determine any question or controversy." Penal Code § 92. Considered together, these statutes cover the spectrum of public officials. The term "bribe" signifies anything of value or advantage. present or prospective. or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence. unlawfully, the person to whom it is given. in his or her action. vote. or opinion, in any public or official capacity. Pend Code § 7(6). Note that under all of the bribery statutes, it is not only the octud giving or accepting of a bribe that is criminal; merely offering to give or receive a bribe constitutes a violation of low. See. e.g.. People v. Pic'! (1982) 31 Cal. 3d 731, 739 (noting that a "meeting of the minds" is unnecessary for o bribery conviction). A public officer forfeits his office if he requests, receives, or agrees to receive a bribe. Pend Code § 68. In addition. every officer convicted of any crime defined in the Penal Summary 01 Pnnopol Conflicts o1 Interest Lows anti Repubtpns 0 2017 %chords. wotson a Gershon 20+0772 PJae £2 Sum -nay of the Motor Provisions and Requirements of Principal Conflicts of Interest Laws and Regulafions Code sections pertaining to bribery and corruption is forever disqualified from holding any office in the state. Penal Code § 98. Note also that bribery and soliciting bribery potentially violate not only the Pend Code, but also the conflict of interest statutes. For example, in Terry v. Bender, 143 Col. App. 2d 198 (1956). a court of appeal held that a council member violated Government Code Section 1090 when he solicited and received o bribe from an attorney in exchange for the council member's vote 10 employ the attorney with the city. 143 Cal. App. 2d at 207 (observing that by accepting the bribe. the council member "had placed himself in a position of economic servitude" in violation of Section 1090). Because the bribe "restricted the free exercise of the discretion vested in him for the public good," there was on impermissible conflict of interest. G. Campaign Contributions 1. Conflicts of Interests Arising on Appointed Boards and Commissions The Political Reform Act contains restrictions on the receipt and solicitation of campaign contributions. Under a portion of the Act known as the "Levine Act," a public agency official may not participate in decisions affecting individuals or entities who have given the official more than $250 in campaign contributions within the past 12 months. § 84308. However, a city council is not considered an "agency" for purposes of the statute. § 84308(a)(3). This disqualification therefore does not apply to ❑ councl member when participating in a decision of the council. It also does not apply to a council member who sits on the board of another agency of the city if the governing board of that agency is made up entirely of members of the city council when that member is participating in a decision of that agency. Regulation 18438.1 (o)(1). However, it does apply to a council member when that person is serving on the board of a joint powers authority_ Importantly, this prohibition applies to planning commissioners and other officers of the public entity who are not directly elected by the voters. Thus, planning commissioners must comply with the restrictions in Government Code Section 84308. The Act also classifies campaign contributions differently than other financial interests. As discussed previously, the Act requires that public officials abstain from government decisions in which they have a financial interest, with certain exceptions. § 87100. A public official generally has a proscribed financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect on (among other things): (i) a source of income aggregating $500 or more in value during the 12 months prior to the decision; or (ii) a donor of a gift or gifts aggregating $470 or more in value during the 12 months prior to the decision. § 87103(c), (e); Regulations 18700, 18940.2. Campaign contributions, however, are not considered a "financial interest" for purposes of this disqualification because they are neither "income" nor a "gift" within the meaning of the statute, §§ 82028(b)(4), 82030(b)(1). This disqualification therefore is not triggered as a result of a council member's receipt of a campaign contribution. Summary of Pnnapal Conflicts of Interest Laws and Regulations O 2017 Richards. Watson d Gershon, 2040772 °age 43 Summary of the Moja Prorwons an RepurernenPS of Pnnc,pai Conflicts of interest Lows ona ReguloAons In other words, council members acting in their capacity as elected counci members are not prohibited from acting on a matter which involves someone who has given them a political contribution, Regulation 18438.1(a). For example, the California Supreme Court ruled that Los Angeles City Council members were not disqualified from voting on o subdivision map by reason of receiving campaign contributions from the applicants and their agents. Woodland Hills Residents Assn, Inc. v. City Council. 26 Cal. 3d 938, 945 (1980) ("Plaintiffs' accusation that receipt of a campaign contribution inevitably results in an appearance of bias or prevents a fair hearing is unwarranted."). Similarly, a court of appeal concluded that Torrance City Council members were not disqualified from voting on o conditional use permit application by reason of receiving campaign contrilutions from o party alleged to be in opposition to the application. BreaIdane Billiards v. City of Torrance. 81 Cal_ App. 4th 1205 (2000). Receipt of a campaign contribution can. however. disqualify a public official who serves on more than one public body. For example. under the Levine Act, a council member acting on behalf of an agency other than the city must abstain from a license, permit or other use entitlement decision involving on applicant, proponent or opponent who has mode a contribution to the counci member's campaign in excess of $250 within the preceding 12 months. The fact of the campaign contribution must also be disclosed prior to the abstention. This disqualification is inapplicable, however, if the campaign contribution is returned within 30 days of receipt. § 84308(c). 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to an Official Act Another exception to the general rule that campaign contributions do not preclude an official from voting on a matter affecting a campaign contributor is the application of federal corruption laws to situations where the receipt of illegal, laundered or unreported campaign contributions are tied to an official act, In one recent case arising out of the City of Son Diego. two council members were charged and convicted of wire fraud for conspiring to change the city's ordinance regulating adult-oriented businesses in exchange for campaign contributions from an adult-oriented business that had been ilegdIy "laundered" through contributions made by residents of the city or which had been unreported and which constituted bribes. See United States v. ►nzunza, 303 F. Supp. 2d 1041. 1043 (S.D. Cd. 2004) for a list of the charges: the case was referred to in the press as the San Diego "Strippergate" case. The charges included the alleged use of wire communications in interstate commerce in furtherance of the alleged conspiracy to defraud the public of their intangible right to honest service, in violation of 18 U.S.C. §§ 1951 (the Hobbs Act) and 1952 (Interstate Transportation in Aid of Racketeering). One of those convictions was later overturned. However, the case points out that direct connections between official acts and ilegol or unreported campaign contributions may result in charges of bribery under California law and a violation of certain federal wire fraud and racketeering laws. summary of Principal Cont{ch of Interest Lows and Reguntions C 2017 Rtchords. Wolson & Gershon 2040772 P7ge 4! Summary of the molar Provisions on Req,,rernenls of Principal Conflicts of Interest Lows Ond Regubtgns 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency in an effort to avoid local agency public employees being drown into local political campaigns or having their positions the subject of political reward or retribution. California law contains a prohibition on the solicitation of campaign contributions by a local agency official or employee of other officials or employees within the same local agency. Section 3205 prohibits an officer or employee of a local agency from soliciting political contributions from an officer or employee of that same local agency. The prohibition applies to incumbents seeking re-election and to non -incumbent candidates for local agency office. An exception exists for broad general public solicitations to o "significant segment of the public" that also include some local agency officials and employees of that agency. § 3205(c)_ No definition exists as to what constitutes a significant segment of the public. In the context of conflict of interest provisions in the Political Reform Act, that term is defined to include segments of the local agency population such as ten percent of all residents, and, in the absence of any court interpretation of the law, that standard provides some guidance on what may be sufficiently broad solicitation to come with the scope of the exception. Violation of the prohibition is punishable as a misdemeanor and may be prosecuted only by the County District Attorney. § 3205(d). 4. Nepotism One other potential source of a conflict of interest is a governmental decision that affects a family member. If a public official's relative has an application before the government agency on which the public official serves, the public official would potentially have on improper incentive to approve the relative's application. Because the financial interests of a public official's spouse and dependent children (children under 18 years of age who are dependent financially on their parents) are attributed to the public official under the Political Reform Act and Section 1090. participation in decisions financially benefiting spouses and dependent children is limited. §§ 82030. 87103: Thorpe v. Long Beach Community Cotlege Dist., 83 Cd. App. 4th 655 (2000) (holding that Section 1090 prohibited a community college district board from voting to approve the promotion of the spouse of a board member). If the approval did not require a decision by the legislative body. however. the public entity could still potentially approve an application or make a decision if the related public official did not participate. With respect re/ adult children and more extended family members, the Political Reform Act and Section 1090 would not automatically apply in the absence of some financial relationship between the public official and the adult child or extended family members. Davies Advice Letter, No. 1-90-329. 1990 WL 698051 (1990). Currently, state law only prohibits such "extended family" interests for the governing boards of school districts. Educ. Code § 35107(e). Under that statute, a school board member must abstain from participating in personnel matters that uniquely affect his or her relative. "Relative" is defined as an adult who is related to the official by blood or affinity within the third degree. or in an adoptive relationship within the third degree. There is no Summary oIPrincipal Conlicls of Interest LOwS anc Regufutons 2017 Richords. Wolson a Gershon 2040772 Page AS 5umniury or Tie MUa Provisions and Rea,orensents at Pnncipol Cor4cfmt interest Laws and Regula bons comparable statute for cities and counties, but some local governments have established simiar restrictions through ordinances or pdicies. The issue of familial relations comes up more frequently in the context of personnel decisions, as when o public entity prohibits the hiring of relatives of public officials or employees. Such anti -nepotism policies are generally upheld by the courts. For example, in Parsons v. County of Del Norte, 728 F. 2d 1234 (9th Cir. 1984), the Ninth Circuit upheld a county policy prohibiting spouses from working in the same department. The Ninth Circuit held that the policy did not violate the Equal Protection and Due Process clauses of the U.S. Constitution and was rationally related to a legitimate government interest: avoidance of conflicts of interest and favoritism in employee hiring. supervision and allocation of duties. See also Kimura v Roberts, 89 Cal. App. 3d 871, 875 (1979) (upholding a policy prohibiting spouses from serving on both the city council and planning commission, reasoning that "the finding of the mayor and the city council that an actual or implied conflict of interest existed, is eminently rational. practical and legally sound"). Note, however, that state law prohibits the application of anti -nepotism rules to spouses in some circumstances. The Fair Employment and Housing Act prohibits an employer from making an employment decision based on whether an employee or applicant has a spouse presently employed, except in two specific situations: • For business reasons of supervision. safety. security or morale. an employer may refuse to place one spouse under the direct supervision of the other spouse. • For business reasons of supervision, security or monde. an employer may refuse to place both spouses in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples than for other persons. 2 C.C.R. § 7292.5(a) (emphasis added). Accordingly, any anti -nepotism policy that a city or county adopts must not apply to the hiring of spouses. except in cases of direct supervision. where greater conflicts or hazards occur for married persons. or where a conflict of interest statute applies. Summary of Principal Contich of Interest Laws and Repulahons C 2017 Richards. Watson 5. Gershon 2040772 Page 46 Summary 01 me MaJor ProrlLonl and Requremenn or Pnncipoi Conflicts of Interest tows arra Reguiotrons III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIA AND LOANS The PRA provisions and other conflict of interest laws discussed above do not prohibit a public official from having an interest in a business or red property. Instead, they merely limit the official's ability to participate in governmental decisions that would materially affect those interests. There are additional restrictions in the PRA, however. with regard to certain gifts, honoraria and loans. The statute precludes local officials (including council members and planning commissioners) from receiving certain gifts, honoraria and loans. These prohibitions apply whether or not the source of the gift, honorarium or loan is or will ever be affected by a decision of the official's agency. This section outlines these prohibitions. A. Limitations on Receipt of Gifts L General Gift Limitation Government Code Section 89503(a) provides. "No elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shill accept gifts from any single source in any calendar year with 0 total value of more than (3470)." (The gift limit amount has been adjusted in accordance with Regulation )8940.2,) Officials listed in Section 87200, in turn, include mayors, counts members. planning commissioners. city managers, city attorneys, city treasurers, chief administrative officers and other public officials who manage public investments, and candidates for any of these offices. A simiar limitation prohibits a city employee designated in a local conflict of interest code from accepting gifts from a single source totaling more than $470 in value in any calendar year, if the gifts would be required to be reported on his or her statement of economic interests. § 89503(C). 2. Biennial Gift Limit Adjustment The Act authorizes the FPPC to make an inflationary adjustment of the gift limitations set forth in Section 89503 every two years. § 89503(1). The most recent adjustment became effective on January 1. 2017, wherein the gift limit increased io $470. Regulation 18940.2. This figure wiI be further adjusted in future odd -numbered years. Summary or Principal Conflicts of InIerest Laws ono Regulations Cl 2017 R`charas. wotsor, & Gershon 2040772 vow 47 Summary of me Mopr Provts.ons and Recturements of Pnncipoi Confbets of Interest taws and Peguiot ons 3. Exceptions to Gifts None of the following is o gift and none is subject to any limitotion on gifts (Regulation 18942): a. Informational Materlal3 Informational materials such as books. reports, calendars, audio and video recordings, scale models, maps, free or discounted admission 10 informational conferences or seminars, and on-site demonstrations, tours or inspections that are provided to convey information for the purpose of assisting the official in the performance of official duties are not considered gifts. The cost of transportation for on-site demonstrations, tours or inspections may fall into this exception in particular situations. Regulations 18942(0)(1). 18942.1. b. Returned Gift' Except for passes and tickets as provided For in Regulation 18946.1, a gift that is not used and that, within 30 days of receipt, is returned, donated, or for which reimbursement is paid pursuant to Regulation 18941, is not a gift. The donation of a gift under this exception must be to either o 501(0(3) charitable organization with which the official or a member of his or her family holds no position or to a government agency, without being claimed as a tax deduction. Regulation 18942(0)(2). c. Fam GMts A payment from an individual's tamiy member is not subject to the gift limitations, unless the donor is acting as an agent or intermediary for any other person. The famiy members included in this exception are a spouse or former spouse, chid or step -child. parent, grandparent, grandchid, brother, sister. current or former parent -in-law, current or former brother-in-law, current or former sister-in-law, nephew. niece, aunt. uncle. grand nephew, grand niece, grand aunt, grand uncle, first cousin or first cousin once removed, or the current or former spouse of any such person other than a former in-law. Regulation 18942(0)(3). d. Campaign Contribution* Campaign contributions are not subject to gift limitations_ However, an official is nonetheless required to report campaign contributions on his or her Form 700. Regulation I8942(0)(4). •. lnherirest Money or Property Devises or inheritances of any kind are exempt From gift limitations. Regulation 18942(a)(5). Summary of PnncipoI Canficfs of interest lows and ReQ,hhons *2017 Richards. Watson & Gershon 2040772 Page 48 Summary of the Mayor Prov cions ono Requirements of Prncippl Conflicts of Interest Lows ono Regulations 1. nth A personalized plaque or trophy with an individual value of Tess than $250 is not a gift. Regulation 18942(a)(6). 9. Home Hospitality The cost of home hospitality is not considered a gift unless any port of the cost is paid directly or reimbursed by another person, any person deducts any part of the cost as a business expense on a tax return. or the host has an understanding with someone else that any amount of compensation the host receives from that person includes a portion to be utilized to provide gifts of hospitality. Regulation 18942(a)(7). "Home hospitality" is defined as any benefit received by the official, and the official's spouse and family members when accompanying the official, which is provided by an individual with whom the official hos a relationship, connection, or association unrelated to the official's position and the hospitality is provided as part of that relationship, connection, or association in the individual's home when the individual is present. Home hospitality includes entertainment, occasional overnight lodging. and any food, including food provided by other guests at the event and benefits received by the official when the official serves as the host. In determining where this exception is ovaiable, the official is to presume that the cost of the hospitality is paid by the host unless the host discloses to the official or it is clear from the surrounding circumstances that someone other than the host paid the cost or part of the cost of the hospitality. Regulation 18942.2. A "home" includes a vacation home owned. rented, or leased by the individual for use as his or her residence, including in some cases a timeshare or a motor home or boot owned, rented, or leased by the individual for use as his or her residence. "Home" also includes any taciity in which the individual has a right -to -use benefit by his or her home residency, such as a community clubhouse. Regulation 18942.2, h. Presents on Personal or Family Occasion Benefits commonly exchanged between an official and an individual. other than a lobbyist, on holidays, birthdays, or similar occasions are not gifts as long as the presents exchanged are not substantially disproportionate in value. For purposes of this exception. "benefits commonly exchanged" includes food. entertainment. and nominal benefits provided to guests at an event by an honoree or other individual. other than a lobbyist, hosting the event. Regulation 18942(a) (8)(A). 1. Reciprocal Exchanges Reciprocal exchanges made in a social relationship between an official and another individual who is not o lobbyist and with whom the official participates in repeated social events are not gifts where the parties typically rotate payments on a continuing basis so that, over time, each party pays tor approximately his or her share of the costs of the continuing activities. The repeated social events may include lunches, dinners, rounds of golf. attendance at entertainment or sporting events, or any other such event so long as the total value of payments received by the official within the year is not Summary of Prnncpol Contracts of !Merest lows ontl Regulations O 2017 Richards, Wo 'son b Gershon 2040772 Page 49 summary of the w+opr Provisions ono Reauremenes of Principal Conffcts of interest Lows and Regulations substantially disproportionate to the amount paid by the official_ It the official receives much more than what he or she paid. the official hos received o gift for the excess amount. This exception does not apply to any single payment that is equal to or greater than $470. Regulation 18942(a)(8)(B). J. Leave Credits Donated to an Official Leave credits, including vocation, sick leave. or compensatory time off, donated to an official in accordance with a bona fide catastrophic or simiar emergency leave program established by the official's employer are not gifts as long as they are available to dl employees in the same job classification or position. This exception does not include donations of cash. Regulation 18942(a)(9). k. Payments received under a government agency program or a program established by a 501(c) (3) organization designed to provide disaster relief or food, shelter, or simiar assistance to qualified recipients are not gifts as long as such payments are avaiable to members of the public regardless of official status. Regulation 18942(a) (10) . I. Admission when "Speech" Made Payment of the official's admission by the organizer of an event is exempt trom the gift limitations if the official makes a "speech" at the event. Regulation 18942(a)(11). This exemption applies if the official is "making a speech, participating on a panel, or making a substantive formal presentation at a seminar or simiar event. Regulation 18950(b)(2). For the purpose of the exemption, the price of admission can include food and "nominal items" including things like pens. stress balls. note pads. etc. Regulation 18942(a)(11). m. Campaign Travel The payments made to an elected officer or candidate for his or her transportation. lodging. or subsistence provided in direct connection with campaign activities, including attendance al political fundraisers, are exempt from the gift limitations. Payments made during the six-month period prior to an election are considered "in direct connection" with the campaign activities it the payment is for necessary transportation, lodging, or subsistence and used for the officer's or candidate's participation in forums, debates or other speaking events or attendance at campaign strategy meetings with staff or consultants. Beyond this six-month period, the payment is considered a gift unless it is clear from the surrounding circumstances that the payment was made directly in connection with campaign activities. Regulations 18942(0)(12), 18950.4. n. Tkket fa Ceremonial tale A ticket which is provided to an official and one guest of the official for his or her admission to an event where the official performs a ceremonial role on behalf of the agency is not a gift, so long as the agency reports the ticket on its Form 802. The term svrnrnary Of Principal Coronets of Inreres, Lows and Regulations C 2017 Richards K a kon & Gershon 2040772 Page 50 Summary of the Major Provrspns and Requrements Of Pnrsclp0l COnfiCIS 01 IntercSt Lows and Regulations "ceremonial role" means an act performed of an event by the official as a representotive of the official's agency at the request of the holder of the event where, for o period of time. the focus of the event is the act performed by the official. Examples include throwing out the first pitch at a baseball game. cutting o ribbon at a library opening, or presenting a certificate or award. A city may adopt specific policies to either limit or expand the permissible ceremonial roles for an official in that city, the full list of which must be forwarded to the FPPC_ Any official who attends the event as part of his or her job duties to assist the official who is performing the ceremonial role hos not received a gift or income by attending the event. Regulations 18942(a)(13), 18942.3. a. Prize or Award in bona Fide Contest or Comoetitiort A prize or award received in a manner not related to the officid's status in a bona fide contest. competition. or gome of chance is not a gift. A prize or award that is not reported as a gift shall be reported as income unless the prize or award is received as a winning from the California State Lottery. Regulation 18942(x) (14). p. Weddinas benefits Benefits received as a guest attending a wedding or civil union are not gifts if the benefits are substantially the same as the benefits received by the other guests offending the event. Regulation 18942(a)(15). q. Bereavement Offerings Bereavement offerings typically provided in memory of and at the time of the passing of a spouse, parent, chid. or sibling or other relative of the official are not gifts. Regulation 18942(a)(16). r. Acts of Neighborliness A service performed as an act of ordinary assistance consistent with polite behavior in a civilized society that would not normally be part of an economic transaction between like participants under similar circumstances is not a gift. Examples of such services include the loan of an item. an occasional needed ride. personal assistance in making a repair, bringing in the molt or feeding the cat while the official is away. Individuals need not be actual neighbors for this exception to apply. Regulation 18942(o)(17). s. Bona Fide Date or Datina Relationship Personal benefits commonly exchanged between people on a date or in a doting relationship are not gifts. However, such benefits are gifts if the individual providing the benefit to the official is a lobbyist or otherwise has particular interests in the official's role in the agency within 12 months of the date. Even if the benefit is from such an individual. the gift is still not reportable or subject to limits but the aggregate value is subject to the conflict of interest provisions if the value is $470 or greater. Regulation 18942(a) (18) (Al. Surrmaryof PnnopalConflc%S of Iiteresl lows and Regula bons C 2017 Richards. Woo wo tson & Gershon 2040772 Page SI Summon, of me MOJOr Provisions and Requirements of Pnnc.pai Conflicts of interest Lows and Regubhons t. Acts at Humors Compassion Payments provided to an official or his or her family member by an individual to offset family medical or living expenses that the official can no longer meet without private assistance because of an accident, illness. employment loss. death in the famay, or other unexpected calamity are not gifts. Payments provided to an official or his or her family member to defray expenses associated with humanitarian efforts such as the adoption of an orphaned child are also not gifts. However, under this exception. the source of the donation must be an individual who has a prior social relationship with the official of the type where it would be common to provide such assistance (such as a relative, long-term friend, neighbor. co-worker or former co-worker, member of the same local religious or ocher similar organization, etc.), or the payment must be made without regard to official status under other circumstances in which it would be common to receive community outreach. In any case, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment_ Regulation 18942(a) (18) (B). u. jest Friends Forever A payment provided to an official by on individual with whom the official has a long term, close personal friendship unrelated to the official's position with the agency is not a gift. However, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulotion 18942(x) (18) (C). V. Ca1ch•AN Any other payment thot would otherwise meet the definition of gift is not a gift where the payment is made by an individual who is not a lobbyist and it is clear that the payment was made because of an existing persond or business relationship unrelated to the official's position, Additionalty, there can be no evidence whatsoever at the time the payment is made that the official makes or participates in the type of governmental decisions that may have a foreseeable materiel financial effect on the individual who is the source of the payment. Regulation 18942(a)(19). 4. Gifts to an Agency Regulation 18944 provides a narrow exception 10 the normal gift reporting requirements and value limitations for gifts made directly to a public agency. A payment made to a state or local government agency that is used for official agency business is not considered a gift or income to on individual public officid who is the end recipient, even though the official receives an incidental personal benefit from the payment. As such, the gift does not have to be reported by the individual and i5 not subject to the annual value limitation. A payment shill be considered a gift to the public official's agency and not a gift to the public official if all of the following requirements are met: the payment must be Surnmory of Pr nolool Confbch of interest Lows and Reguohons 0 2017 Rictscvds WOtso' a Gershon 2040772 Page 52 Summary 3t the Mapr Provisions and Recktrernents of Principal Conic Is of Interest Laws and Regulations used for official agency business: the agency head must determine and control the ogency's use of the payment, including the selection of the official who will use the payment: and the agency must report the payment on a Form 801, The Form 801, which must be signed by the agency head and maintained as a public record in accordance with Government Code Section 81008. must include the following information: • Donor Information: The reporting form requires not only the donor's name, but also his or her address, and must identify any other persons who contributed to the gift, as well as the amount each person contributed. If the donor is not an individual, the report must describe the business activity or nature of the entity giving the gift. • Description of Payment The form requires a description of the payment, the date it was received, the intended purpose and the amount of the payment or the actual or estimated fair market value of the goods or services provided, if the amount is unknown. • Recipient Information: The Corm also requires that the agency specify the name, title, and department of the agency official who used the payment. Regulation 18944(c)(3). For any quarter year period in which the payments received by the agency aggregate to $2,500 or more since the last fling, a local agency must submit a copy of the form or a detailed summary of the information to its filing officer within 30 days after the close of the quarter. Thereafter, the filing officer must post a copy of the form or the information in a "prominent fashion" on its website within 30 days after the close of the quarter. If the local agency does not maintain a website, the agency must send its Form 801 to the FPPC, which will post the document on its own website. Regulation 18944(d). 5. Gifts to an Official's Family Regulation 18943 governs gifts to an official's or candidate's family. This regulation was substantially revised in late 2009 and again in 2011. Regulation 18943 adds new definitions and requirements that public officials should carefully review, Regulation 18943 adds definitions for an official's "famiy member," which includes an official's spouse or registered domestic partner. a dependent child, and an official's chid. "Dependent chid" means a chid (including an adoptive child or stepchid) of a public official who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal fax return. Regulation 18229.1. An "official's child" (including an adoptive chid or stepchild) means a chid who meets all of the following criteria: • The child is at least 18 but no more than 23 years old and is a full-time or part-time student: Summaryof Principal Conflicts of Interest Laws oral Regulations O 2017 Richcrds Watson & Gershon 2040772 Page 53 Summary of fie Map( Provivons and Requirements of Pnncipol Conficls of Interest Lows and Regulations • The child has the same principal residence as the official. For purposes of this provision. a place. located away from the official's residence, at which the child resides for the purpose of attending school is not the chid's "principal place of residence"' and • The child does not provide more than one-half of his or her own support. Gifts to Both an Official and One or More Family Members. A single gift to both an official and one or more members of the official's family is a gift to the official for the full value of the gift. See "wedding Gifts" section below for a particular exception to this rule. Gifts Solely to Family Members. A gift given solely to a member of an official's family i5 a gift to the official, when there is no established working. social, or similar relationship between the donor and the official's family member that would suggest an appropriate association for making such a payment. A gift given to a member of an official's family is also a gift to the official if there is evidence to suggest the donor had o purpose to influence the official. such as when: • The donor is lobbyist, lobbying firm, lobbyist employer. or other similar person and is registered to lobby the official's slate agency: • The donor is Involved in on action or decision before the local or slate government agency in which the official wall reasonably foreseeably participate or in an action in which he or she hos participated within the last 12 months; or • The donor has a contract with the official's agency or the donor engages in a business that regularly seeks contracts with, or licenses, permits or other entitlements from, and the official may reasonably foreseeably make or participate in such a decision or has participated in such a decision within 12 months of the time the gift is made. unless the donor has Tess than 10 percent interest in the business contracting with or appearing before the agency. 6. Invitation -Only Events when an official and one of his or her guests attends an invitation -only event such a5 a banquet, party, gala. celebration, or other similar function, other than a non-profit or political fundraiser as set forth in Regulation 18946.4, the value received is the official's and the guest's pro -rata share of the cost of the food. catering services, entertainment, and any item provided to the official and guest that is available to all guests attending the event. Regulation 18946.2(b). A calculation of the pro -rata share means the total cost of the list expenses above, divided by the number of acceptances or the number of attendees at the event. Any other specific benefit provided to the official and guest at the event, such as golf green fees, is valued at fair market value. Regulation 18946.2(b). Summary of Pnncipol Conficfs of interest Lows and Regubtions C 2017 Richards. Watson & Gershon 2040772 Page 54 Summary of the Moloy Provisions and Requirements of Princlpol Conflicts 01 Interest lows and Regulations a. Official or Ceremonial Functionl When an official performs an official or ceremonial function at an invitation -only event in which the official is invited to participate by the event's sponsor or organizer to perform an official or ceremonial function, the value received is the pro -rata cost of any meal provided to the official and guest. plus the value of any specific item that is presented to the official and his or her guest at the event. Regulation I8946.2(d). b. prop -In Visit Except for an event sponsored by a lobbyist, lobbying firm, or lobbyist employer, if an official attends an invitation -only event and does not stay for any meal or entertainment otherwise provided at the event. receiving only minimal appetizers or drinks. the value of the gift received is the value of any specific item, other than food. that is presented to the official and his or her guest at the event. For purposes of This regulation, "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18946.2(e). c. lobbyists. lobbying Firms, and lobbyist Employers Where an official attends an invitation -only event sponsored by o lobbyist. lobbying firm, or lobbyist employer, the value of the gift is the pro-raia share of the cost of the event. Regulation 18946.2(b). 18640. If the official notifies the lobbyist, lobbying firm, or lobbyist employer that the official attended the event but that he or she did not stay for any meal or entertainment, receiving only minimal appetizers and drinks, the value of the gill received is the value of any specific item (other than food) that is presented to the official and the official's guest at the event. Regulation 18640(b). Again, the term "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18640. 7. Tickets to Political and Charitable Fundraisers Regulation 18946.4 provides special rules for tickets provided to public officials to fundraisers for nonprofit and political organizations. Such tickets are not considered gifts to a public official if certain requirements are met. This exception applies only to two tickets provided to an official. and only if it is provided directly by the charity or campaign committee: additional tickets are treated as gifts. The requirements vary depending on whether the organization is a 501(c)(3) nonprofit. a non -501(c)(3) nonprofit, or a political organization. a. Non -501(c)(31 Nonprofit Fundraiser Regulation 18946.4(a) provides that a ticket to a fundraising event for o nonprofit, fax - exempt organization that is neither o political campaign committee nor a 501(c)(3) nonprofit shall be valued as follows: Summary of Principal Confkcts of Interest Laws and Reguiohons 0 2017 Rictrords. Watson 3 Gerston 2040772 Page 55 5urnrncry of the major Provisions and Requirements o' PnncipoL Conficts of interest Laws and Regulation • Where the ticket to the tundraiser clearly states that a portion of the ticket price is a donation to the organization, or the organization provides information indicating the portion of the admission price that constitutes the donation, then the value of the gift is the face value of the ticket or admission reduced by the amount of the donation - i.e.. the "nondeductible portion" of the price of admission, • If there is no ticket or other official information provided by the organization indicating the value of the nondeductible portion of admission, the value of the gift is the pro -rata share of the cost of any food. catering service, entertainment, and any other item provided to the official that is available to the other guests. A calculation of the pro -rata share means the total cost of the listed expenses, divided by the number of acceptances or the number of attendees. Any other specific benefit provided to the official at the event. such as golf green fees, is valued at fair market value. b. Fundraiser fora 501fc1(31 RaIlolous. Charitable, Scientific. Literary or Educational Organization Where the event is a fundraising event for an organization exempt from taxation under Internal Revenue Code Section 501(c)(3), such an organization may provide two tickets per event to an official, and the ticket shall have no value. Regulation 18946.4(b). Any additional tickets or admissions provided by the 501(c)(3) organization. any tickets provided to or controlled by the official, and any tickets not provided directly by the 501(c)(3) are valued as tickets from a non -501(c)(3) nonprofit. Regulation 18946.4(b). c. Political Fundraiser For the gift of a ticket, pass. or other admission privilege to a political fundraising event for a "campaign committee" or a comparable committee regulated under federal law or the laws of another state, the committee or candidate may provide two tickets per event to an official that shall be deemed to have no value. A "campaign committee" is any person or persons who directly or indirectly receives contributions totaling two thousand dollars (2,000) or more in a calendar year (note; this was increased from $1,000 in 2015), makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year, or makes contributions totaling ten thousand dollars (310,000) or more in a calendar year to or at the behest of candidates or committees. Regulation 18406; § 82013. 8. Tickets and Passes to Events a. exempt from Reporting Requirements and Value Restrictions In 2010 and 2011, the FPPC completely revised the regulations regarding tickets and passes that provide admission or access to faciities. Regulation 18944.1 applies only to the benefits the official receives from tickets or passes given to an agency for admission to a facility, event, show or performance for an entertainment, amusement, Summery of Pnnppal Canrich of Interest Lows and Reyuiofrons O 2017 Richards. via hon & Gershon 2040772 image 56 ntOr :-.1t 'he M,...3;<. P•o.rsaons and Reacwements of Pnncrpot Conflicts o4 interest Lows and Repubtons recreational or similar purpose !hot are provided to all members of the public with the same class of ticket or pass. The regulation does not apply to: tickets to lunch or dinner events such as non-profit fundraisers where there is no recreation or entertainment: tickets provided in which the official performs a ceremonial role; or, admission provided to a school, college or university official, coach. athletic director or employee to attend an amateur event performed by students of that school. college or university. Accordingly, when a public official receives a ticket or pass from an agency and the official uses the ticket or pass, it does not hove to be reported as a gift if one or more of the following exceptions apply: • Reimbursement. The ticket or pass is not considered a gift if the official reimburses the agency for the ticket. • Treated as Income. The ticket or pass is not considered a gift if the official treats the ticket or pass as income consistent with applicable state and federal income tax laws and the agency reports the distribution of the ticket or pass as income on its Form 802. • Agency -Distributed Ticket or Pass from Outside Source. If a third party gives a ticket or pass to an agency. and the agency then distributes the ticket to an official for his or her use, it is not a gift so long as: the original source of the ticket or pass has not earmarked it for use by particular agency officials: the agency determines in its sole discretion who uses the ticket or pass; and the distribution of the ticket or pass by the agency is made in accordance with o legitimate policy adopted by the agency, as described below. • Agency -Provided Ticket a Pass. A ticket or pass that an agency (1) obtains pursuant to the terms of a contract for use of public property, (2) obtains or controls because the agency controls the event or venue, or (3) purchases at fair market value and distributes in accordance with a legitimate policy adopted by the agency. as described below. is not a gam. b. Written Policy for Distribution of Tickets, The distribution of tickets and passes described above must be made pursuant to a written policy approved by the agency's legislative or governing body and posted on the agency website and maintained as a public record, subject to inspection and copying. Regulation 18944.1 (e). The policy must contain the following: (I) a provision setting forth the public purposes of the agency for which tickets or passes may be distributed, which may include supporting general employee morale, retention or to reward public service if tickets or passes are given to officials who ore not elected; (2) a provision requiring that the distribution of any ticket or pass to, or at the behest of, an official accomplish a stated public purpose of the agency: and (3) a provision prohibiting the transfer of any ticket received by an agency official, except to his or her immediate tam* or no more than one guest. The agency's legislative or governing Summary or Pnnaool Contkch of Interest lows and Regubeons D 2017 Richords. wohon & Gershon 2040772 sage 57 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws ono Regulations body must determine whether the distribution of tickets or passes serves a legitimate public purpose of the agency, consistent with state law. c. form 802 for Reoortfng Distribution of Tickets and Passes. Within 45 days of receiving a ticket or pass, the head of the agency must fill out and certify a Form 802 describing the distribution of tickets or posses to an official. The Form 802 requires: (1) the name of the official who received the ticket or pass, (2) a description and date of the event, (3) the face value of each ticket or pass, (4) the number of tickets or passes distributed to the official, (5) if the official gave the ticket or pass to another person, the name of that person, and (6) the specific public purpose under which the distribution was made or that the ticket or pass was distributed as income to the official_ This form must be maintained os a public record, subject to inspection and copying. The agency must post the form, or a summary of its contents, on its website and send the FPPC. by e-mail, the agency's website link for posting on its website. Regulation 18944.1(4. 9. Gifts from a Government Agency to an Official in That Agency A payment by an agency that provides food, beverage. entertainment, goods or services of more than a nominal value to an official in that agency is a reportable gift to that official, jnless the payment is a "lawful expenditure of public moneys." Regulation 18944.3. Several commentators hove questioned the need cr usefulness of this regulation because a public agency is already prohibited from making a payment that is not a "lawful expenditure of public moneys." Boied down, the regulation states that it is illegal for on agency to give a gift unless the gift is legal. Until the FPPC issues some formal opinions or advice letters clarifying the regulation, or revises the text. its immediate application is unclear, 10. Wedding Gifts The value to an official of a wedding gift given to an official and his or her spouse or spouse -to -be is one-half of the gift's totol value. Regulation 18946.3. This is an exception to the general rule. described above in "Gifts to an Official's Famiy," that a single gift to both an official and one or more members of the official's family is a gift to the official for the full value of the gift. The value of o wedding gift may exceed the gift limit, currently set at $470. Regulation 18942(b)(2). 11. Certain Gifts of Travel Payments for travel for a public official ore generally subject to the annual gift limit, unless the payment is otherwise exempt. FPPC regulations state that a "payment for travel" includes "any payment that provides transportation to an official from one location to another location," as well as the cost of lodging and food connected with the travel. Regulation 18950(b). Summary OI Principal Conflicts of Interest Lows and Regukl lions C 2017 Richards Watson & Gershon 204772 Po a 58 Summary of the Major Provisions and Requirements of Principal ConIcts of Interest Lows and Regulohens For reporting purposes, payments of air travel are valued in accordance with FPPC regulation 18946.5, as follows. Air travel is valued as the price the carrier charges the public for the same class seat on the flight provided to the official in the case of a commercial flight. The value of all other air transportation is the value of the normal and usual charter fare or rental charge for a comparable airplane of comparable size, divided by the number of passengers aboard the flight. Exceptions for certain gifts of travel are found in both the Act and the FPPC regulations, which are discussed below. The FPPC regulations on this point were substantially revised in 2013. Public officials should review these exceptions closely and consult with the agency's legal counsel before relying on them. a. Travel payments related to speeches that erve a governmental purpose Section 89506(a) (1) exempts from the gift limit any payments. advances. and reimbursements for travel that are reasonably related to o legislative or governmental purpose or issue of public policy if mode in connection with a speech mode by the official in the U.S. § 89506(a) (1): Regulation 18950(b). These types of payments for travel are not subject to the gift limit, but they must still be reported on a public official's Form 700. § 89506(o)(1): Regulation 18950(a)_ b. Travel Payments related to a aovernmental ouroose made by Government agencies and certain non -profits Section 895060)(2) exempts from the gift limit any payments. advances, and reimbursements for travel that are reasonably related to a legislative or governmental purpose or issue of public policy if provided by a governmental agency. a 501(c) (3) nonprofit, "and a few other limited organizations/persons. § 89506(a)(2). These types of payments for travel are generally not subject to the gift limit. but they must stil be reported on a public official's Form 700. § 89506(a)(2J: Regulation 18950(a). However, Section 89506(f)(3) now clarifies that if a nonprofit is acting as an intermediary or agent of a donor, then the $470 gift limitation would apply and the original donor must be listed as the source of the gift to the official, as well as considered a financial interest for the purpose of conflicts analysis. § 89506(0(3) c. Travel for education. training, or intra-oaencv purposes Any payment for travel and per diem expenses received from a state. local. or federal agency is not a gift or income if used by the official for "education. training, or other inter -agency programs or purposes." Regulation 18950(c)(2). Wish respect to nont7rofrt prgan¢otnpns that regulaiy organize and host travel fa elected officials and who moire payments. advances. or rembunements totofng more than $10,000 for casendor year or $3,000 to an individual person. the Act now requires the nonprofits to disclose the names of donors responsible fa funding the travel costs 4 B9506))) An organization regularly organizes and hosts Waver i1 Me organization's expenses for travel. study tours or conferences constitutes more Mori one tried of its total expenses. a- In that case. the nonprofit must dscbse the names of donors who contributed $1 000 or more b the nonprofit organization and who accomoonied the ebcred otfioot ether in person or tnovgh an agent. for any porton of rhe wove] § 8950611) Summary of Pnncipw Conflicts of Interest laws and Regubthons C 2017 Richards. Wohon & Gershon 2040772 Page 59 Sunvnory of the Moor Provisions and Requier ien•s of Pnnopal Conflicts of Interest Lows and Regulations d. Jravel in a vehicle or clone owned by another offlciat o QCv Regulation 18950(03) provides that "transportation provided to an official in a vehicle or aircraft owned by another official or agency when each official is traveling to or from the some location for on event as a representative of their respective offices" does not constitute o "payment" and therefore does not count as a gift. Regulation 18950(c)(3). •. Travel Made in Conjunction with Official Aaencv Business Regulation 18950.1 provides an exception for travel provided by sources other than bocci, state. or federal agencies if the travel is made in conjunction with certoin types of official agency business. This exemption applies only to travel payments that meet all of the following requirements: • The payment is made directly to or coordinated with the government employer and not mode to the employee; • The payment is used for official agency business: • The government employer determines which official MI use the payment for travel: • The payment provides no personal benefit to the official who uses the payment: • The duration of travel is limited to that necessary to accomplish the purposes for which the travel was provided: and • The government employer reports the payment. as specified below. The second requirement above - that the payment be used for official agency business - is satisfied under any of the following circumstances: • The payment is made pursuant to a provision in a controct requiring the contracting party t0 pay any expenses associated with any required governmental travel resulting from the government agency's participation in the contract and the payment is used for that purpose; • The payment is mode for the travel expenses of an official for the purpose Of performing o regulatory inspection or auditing function that the governmental employer is mandated to perform: • The payment is mode tor the travel expenses of on official and the official is attending solely for purposes of providing training or educational information directly related to the governmental employer's functions or duties under the laws that it administers for individuals who are affected by those laws, and the payment is made by an organization to provide such training for its members: Summary of PtinCipol Conflicts of Inferesf Lows and Regulilons 20) 7 Richards. wahon & Gershon 2040772 Page 60 Summary 01 the Mayor Provt .ons and PegJrements OI Principal Canllcts Of Intdralt WV" Ono Regulptlpns • The payment is made for the travel expenses of an official to an educational conference directly related to the governmental employer's functions or duties under the laws that it administers, the official is a named presenter at the conference. and the payment is mode by the organizers of the event; • The payment is made for the travel expenses of an official for the purpose of receiving training directly related to the off'icial's job duties and the payment is provided by an organization that commonly provides such training: • The payment is made for food provided to all attendees at a working group meeting in which the agency official participates as a representative of his or her agency in a working group meeting under his or her officially assigned job duties and the agency is authorized to provide an official to attend the meeting: or • The payment is for travel expenses that are required to attend a location to view an in place operation, structure, facility. or available product where the viewing would substantially enhance an official's knowledge and understanding in making an informed decision to enter into a contract regarding a similar operation, structure, facility or purchase of the product pursuant to the jurisdictional authority of the official's governmental employer. The third requirement above - that the payment is made directly to or coordinated with the agency - is satisfied if the government employer selects the public official who will use the payment for travel. If, however, the payment relates to an oral presentation to provide training or discuss policy and direction in implementing the agency's functions. the donor of the payment may request the official who is most qualified to make the presentation. Regulation 18950.1 (d). The fourth requirement above - that the payment of travel does not provide a personal benefit to the official - is satisfied under Regulation 18950.1 (e) if both of the following requirements pre met: • The travel is for purposes approved by the governmental employer under the same requirements applicable to travel using its own funds, and the official is representing his or her governmental employer in the course and scope of his or her official duties. • Travel expenses are limited to no more than the expenses allowable for travel for agency business that would reasonably be paid at agency expense, The latter requirement does not apply to either of the following: • Payment for food where food is provided as part of the admission to the event. Otherwise, any payments for food must be made to the Summary Of P11110001 COnfiCes of Interest ,Ows ono Regi iciions 02017 Richards. Wotscal & Connor 2040772 Page 61 Summon at the major Provisions and Requirements of Principal Conlies of Interest Lows and Regulations government employer pursuant to the employer's per diem travel policy. Regulation 18950.1 (b). • Payment for ony lodging or food if the lodging and food is provided at o site where the official attends o widely attended meeting or conference and the value is substantially equivalent in value to the lodging or food typically made available to the other attendees. Regulation 18950.1(g). The sixth requirement above - that the payment is reported - is satisfied by the agency reporting the payment on a quarterly basis on a form prescribed by the FPPC. Regulation 18950.1(f). All such forms must be maintained as a public record and subject to inspection and copying under Government Code Section 81008. f. Travel In Connection with Bono Fide Business The FPPC regulations reiterate the general rule in Government Code Section 89506, whereby a payment made for transportation, lodging, or food. which is mode in connection with a bona fide business trade, or profession, and which satisfies the criteria for federal income tox deductions for business expenses specified in Internal Revenue Code Sections 162 and 274. is not an honorarium or gift. unless the sole or predominant activity of the business, trade or profession is making speeches. Regulation 18950.2. g. Travel Pald from Campaign Funds A payment mode to an official who is a candidate to cover his or her transportation. lodging or food. in connection with campaign activities. is a contribution to the campaign committee of that official. Regulation 18950.3(o). A payment made to an official by or at the behest of a committee for the official's actual travel expenses (including food and lodging), or for other actual and allowable campaign expenses, is neither income nor a gift to the official so long as the expenses are reportable by the committee under the relevant sections of the Political Reform Act (Government Code Sections 84100 et seq.) or applicable federal law. Any other payment for travel from a committee to an official that is not covered by Regulation 18950.3(a) and (b) is income or o gift. Summary of Principal Conflicts or Interest Lows or+d Requlohons O 2017 Richards. Watson & Gershon 2040772 Pope 62 Summary of Me major Proveyons and Requremenh of Principal Conflicts of Interest lows and Regulations B. Prohibitions on Receipt of Honoraria Government Code Section 89502 provides that on elected officer of a local government agency and any official fisted in Section 87200 shall not accept an honorarium. This prohibition also applies to candidates for elective office in a local government agency. § 89502(b). An "honorarium" means any payment made in consideration for any speech given. article published, or attendance at any public or private conference. convention, meeting, social evens, meal, Of like gathering. § 89501 1. Exceptions to the Prohibition on Honoraria a. earned Income Exception "Honorarium" does not include income earned for personal services if: • The services are provided in connection with an individual's business or the individual's practice of or employment in a bona fide business. trade. or profession, such as teaching, practicing law, medicine, insurance, real estate, banking, or building contracting: and • The services are customarily provided in connection with the business, trade. or profession_ Regulation 18932 b. Informational Material' "Honorarium" does not include intormationd materials such as books, calendars, videotapes, or free or discounted admission to educational conferences that are provided to assist the official in the performance of official duties. Regulation 18932.4(a). c. famiv Payment' "Honorarium" does not include a payment received from one's spouse. child, parent, grandparentgrandchild. brother. sister. parent -in-law, brother-in-law, sister-in-law, nephew, niece. aunt, uncle or first cousin or the spouse of any such person. However. o payment from any such person is an honorarium if the donor is acting as an agent or intermediary for any person not listed in this paragraph. Regulation 18932.4(b). d. Campaign Contribvtionk "Honorarium" does not include a campaign contribution that is required to be reported. Regulation 18932.4(c). sumrtx ry of Pnncipat Cornfficts of interest Laws ana Regulations 0201 7 Richards. Watson & Gershon 2040772 Page 63 Summary Of the MOjor Prov ons on Requiremena Of PAf1Gip01 Conft,cts O1 Interest Lam and Regula bons e. Personalized Ptaaue or Troohy "Honorarium' does not include a personalized plaque or trophy with an individual value of Tess than $250. Regulation 18932.4(d). 1. Admission and Incidentals at Place of Speech "Honorarium" does not include tree admission, refreshments and simiar non-cash nominal benefits provided to an official during the entire event at which the official gives a speech, participates in a panel or seminar, or provides a simiar service, and actual intrastate transportation and any necessary lodging and subsistence provided directly in connection with the speech. panel, seminar, or service, including but not limited to meals and beverages on the day of the activity. Regulation 18932.4(e). g. Incidentals at Private Conference Likewise. "honorarium" does not include any of the following items, when provided to an individual who attends any public or private conference, convention, meeting. social event. meal, or like gathering without providing any substantive service: • Benefits, other than cash. provided at the conference, convention. meeting. social event, meal, or gathering; or • Free admission and food or beverages provided at the conference, convention, meeting, social event, meal, or gathering, However, the foregoing may be reportable as gifts. Regulation 18932.4(f). h. Travel that Is Exempt from Gib Any payment made for transportation, lodging, and subsistence that is exempt by the gift exceptions listed in Section 89506 and Regulation 18950 et seq. also does not constitute an honorarium. Regulation 18932.4(g). C. Prohibitions on Receipt of Certain Types of Loans 1. Prohibition on Loans Exceeding $250 from Other City Officials, Employees, Consultants and Contractors Elected officials and other city officials specified in Section 87200, including council members. may not receive a personal loon that exceeds $250 at any given time from an officer. employee, member or consultant of their city or any local government agency over which their city exercises direction and control. § 87460(a). (b). In addition, elected officials and other city officials specified in Section 87200 may not receive a personal loan that exceeds $250 at any given time from any individual or entity that has a contract with their city or any agency over which their city exercises direction and control. § 87460(c). (d). Summary Of Pnnc pol Conricts of Interest Lows and Regu141ons C 2017 R,cho,ds. Watson & Gershon 2010772 Poge 44 Summaryol the •o ulcx PTovis+oru and Require r -encs 0- p al Conti cls or .merest Laws and Regulations 2. Requirement for Loans of $500 or More from Other Persons and Entities to Be in Writing Elected local officials may not receive o personal loon of $500 or more unless the loon is made in writing and clearly states the terms of the loan. The loan document must include the names of the parties to the loan agreement. as well as the date. amount, interest rate. and term of the loan. The loan document must also include the date or dates when payments are due and the amount of the payments_ § 87461. 3. Exceptions to Loan Limits and Documentation Requirements The following loans are not subject to the limits and documentation requirements specified in paragraphs 1 and 2 above: • Loans received from banks or other financial institutions, and retail or credit card transactions. made in the normal course of business on terns available to members of the public without regard to official status. • Loans received by an elected officer's or candidate's campaign committee. • Loans received from the elected or appointed official's spouse. chid, parent, grandparent, grandchid, brother, sister, parent -in-law, brother-in- law, sister-in-law, nephew. niece. aunt. uncle, or first cousin, or the spouse of any such person unless he or she is acting as an agent or intermediary for another person not covered by this exemption. • Loans made, or offered in writing. prior to January I, 1998. 4. Loans that Become Gifts are Subject to the Gift Prohibition Under the following circumstances, as staled in Government Code Section 87462. o personal loan received by any public official (elected and other officials specified in Section 87200, as well as any other local government official or employee required to file o Statement of Economic Interests) may become a gift and subject to gift and reporting limitations. • If the loan has a defined dote or dates for repayment and has not been repaid, the loon will become a gift when the statute of limitations for filing an action for default has expired. • If the loan has no defined dote or dates for repayment, the loon will become a gift if it remains unpaid when one year has elapsed from the later of: the date the loan was made; the date the last payment of $100 or more was mode on the loan; or the date upon which the official has made payments aggregating to less than $250 during the previous 12 - month period. Sumrrcry Of Principal Confitis of interest Lows and Regulations c 2017 Richards, wo}son b Gersr+on 2040772 Pogo 65 wrrurbary c tre c.; tot Provisions anal Requremenfs of Prrrcpa Conflicts of Interest laws and Regvbottons 5. Exceptions - Loans that Do Not Become Gifts The following loans will riot become gifts to an official: • A loan made to an elected officer's or candidate's campaign committee. • A loan on which the creditor has taken reasonable action to collect the oalance due. • A loon described above on which the creditor, based on reasonable business considerations. has not undertaken collection action. (However, except in a criminal action, the creditor has the burden of proving that the decision not to take collection action was based on reasonable business considerations.) • A loon made to an official who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. • A loan that would not be considered o gift as outlined in paragraph 3 above (e.g., loans from family members). § 87462. 5Urrwrtary otPrrrsoDal Conticls of Interest Lows and Regulations C 20 17 Richards. W o tion & Gershon 2040772 POge 66 Suzy Of tie MONY Provisions one Regvremenh of Pnnc0o1 C0nicts of Interest lows one Regulot+ons IV. PROHIBITION AGAINST MASS MAILINGS The Political Reform Act also prohibits the sending of newsletters and other so-called "mass mailings" at public expense, § 89001. A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency. Regulation 18901. The underlying intent of the Government Code provision and the implementing FPPC Regulation is to preclude elected officials from using newsletters as indirect campaign flyers for themselves. The law and regulations are intended to damp down on prior abuses of newsletters so that elected officials cannot use publicly funded newsletters to bolster their name or accomplishments while in office. A. Test for Prohibited Mass Mailing The FPPC regulations provide a four prong test to determine the legality of mass mailings. A mass mailing is prohibited if each of the following elements is present: • it includes the delivery of a tangible item, • it "features," or includes reference to, an elected official. • it is sent at public expense. • it is in a quantity of 200 or more items. Regulation 18901. Most public agencies that publish newsletters attempt to avoid the prohibition by ensuring that the newsletter does not meet the second element of the test. Each of the four elements is discussed in numerical order below. 1. Delivery of Tangible Item First, a court will determine whether "[a] ny item sent is delivered. by any means, to the recipient at his or her residence, place of employment or business, or post office box... . iT]he item delivered to the recipient must be a tangible item, such as a videotape, record, or button. ora written document." Regulation 18901(0)(11. This means that if a city intends to deliver a written document, such as a city newsletter, by U.S. mail or by hand to residents or businesses, this element is satisfied. 2. Features or includes Reference to an Elected Official The second part of the test is the most important and requires that the item sent either: • Features an elected officer affiliated with the agency which produces or sends the mailing, or • Includes the name, office. photograph, or other reference to an elected officer afftiated with the agency which produces or sends the mating, Summary of Pnncppl Conflicts of Interest Lows lona Regulohons 02017 Rrct+ords. Wo mon & Gershon 2040772 POge 67 Summery cf me Moor Provisions and Requirements of Principal Confic's or Interest Laws and Regulations and is prepared or sent in cooperation, consultation, coordination. or concert with the elected officer. Regulation I8901(a)(2). The term "features an elected officer" is defined in a later portion of the regulation to mean that "the item mated includes the elected officer's photograph or signature. or singles out the elected officer by the manner of display of his or her name or office in the layout of the document, such as by headlines, captions, type size, type face, or type color." Regulation 18901(c)(2). And the term "elected officer affiliated with the agency" in this manner means "an elected officer who is a member, officer, or employee of the agency, or of a subunit thereof such as o Committee, or who has supervisory control over the ogency, or who appoints one or more members of the agency." Regulation 18901(0(1). This means that if the written document includes the photograph of a council member, even if it just shows the council member cutting a ribbon on a civic project or giving out a plaque to o member of the community, this element would be satisfied and the mating would be prohibited. It also precludes articles about an elected city official or articles in which they are "singled out" for discussion or reference. The other way this second part of the mass mailing test can be satisfied is if an elected city official's "name, office, photograph, or other reference" is included in a written document and the document. or any port of it "is prepared or sent in cooperation, consultation, coordination. or concert with the elected officer," This restriction presents elected officials with a choice. If the elected official involves him or herself in the preparation of the document. then even the official's nome is excluded from appearing in the document pursuant to this second subpart. If, on the other hand, the elected official does not involve him or herself in the preparation of the document, his or her name may appear in the document, but just not in a way that it is "featured" by way of headlines. captions. type size. type face. or type color. 3. Public Expense The third port of the test is whether: • Any of the costs of distribution [are] paid for with public moneys: or • Costs of design. production, and printing exceeding $50 are paid with public moneys. and the design, production. or printing is done with the intent of sending the item other than as permitted by this regulation, Regulation 18901(a)(3). This part of the test precludes the city from either paying the costs of mating a mass mating. or paying more than $50 of the cost of having it produced if another entity then pays for the cost of distributing the mating. 4. At Least 200 Copies of the Item The fourth and final element of the test to determine whether a mass mating is prohibited is whether "(mjore than 200 substantially simiar items are sent, in a single Sumry of Principal Conflicts o1 Interest Lam on Recuations G 2017 Rbchords. Watson & Gershon 2040772 page e,8 Summary of the Moja Provisaons and Requirements of Pnncipal Con%css of Nntrest Lows and Regulations calendar month, excluding any item sent in response to an unsolicited request." Regulation 18901(a)(4). This means that if more than 200 copies of the same written document, such as a city newsletter, are sent to the public in the same month. this element MI be satisfied, with minor exceptions discussed below, A city newsletter is particularly prone to violating the mass mailing proscriptions, especially the first, third and fourth elements of the test. The key to a lawful newsletter is to ensure that each issue of the newsletter fully avoids meeting the criteria of the second element of the test This means that the newsletter cannot "feature" an elected city official and cannot include an elected official's name or reference if that official participates in the preparation of the newsletter. as discussed above. For example, many cities issue proclamations and awards at council meetings, and it is customary for an honoree to be photographed with the mayor. In order to comply with the mass mailing restrictions. the cities take two photographs: one of the honoree shaking the mayor's hand, for distribution to non -city publications such as a local newspaper, and one of the honoree standing alone. for publication in the city newsletter. B. Exceptions to the Mass Mailing Prohibition Subdivision (b) of the regulation contains a list of certain types of documents that are exempt from the prohibition of mass mailings, The first of these documents is a letter on city letterhead where the elected official's name only appears in the letterhead along with a list of all other elected officers of the city and the letter does not contain other references to the elected official. Regulation 18901(b)(1). Under this exemption, a non elected official, such as the city manager, may send a letter on city letterhead at city expense to members of the community but an elected officer, such as the mayor, cannot do the same because the signature on the letter will be considered a separate reference to the elected official. If a tetter signed by the mayor is to be sent to the community, a private individual or group would have to pay for the cost of producing and sending that leiter_ Other exemptions include press releases to the media, intro agency communications (Regulation 18901(b)(4)), statements and bAls (Regulation 18901(b)(5)). telephone directories (Regulation 18901(b)(81), meeting or event announcements (Regulation 18901 (b)(9)), and meeting agendas (Regulation 1890I (b)(10)). All of these items are subject to their own specific limitations, as set Forth in the regulation. Summary of Pnncooi Conficts of Interest Lows and Regulations 0 2017 Richards wofson 8 Gershon 2040772 Page 6? Summary of the Moja Prov ons ona Regt,rements of Pnncipot Confcts of interest Laws and Resuotions V. EXPENDITURES TO SUPPORT OR DEFEAT A BALLOT MEASURE A local govemment may nol spend public funds to assist with the passage or defeat of an initiative or other ballot measure or to contribute to a campaign for or against a candidate. § 54964. Public monies may not be spent on commercials, announcements. banners or any other promotional materials, This is based on the theory that it would be unfair to voters with opposing views to use public funds in this way. The prohibition also serves to prevent elected officials from using government funds to promote themselves or their allies in office. Stonson v. Mott, 17 Cd. 3d 206, 217 (1976); League of Women Voters v. County -Wide Criminal Justice Coordinating Comm'n. 203 Col. App. 3d 529 (1988). However, this section does not prohibit the expenditure of city funds to provide information to the public about the possible effects of the ballot measure on the activities, operations. or policies of the city. as long as these activities are otherwise allowed under California law, and the information is factual, accurate, fair. and impartial. § 54964(c). The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson v. Mott. 17 Cd. 3d 206 (1976). In Stanson, the California Supreme Court addressed the question of whether the State Director of Beaches and Parks was authorized to expend public funds in support of certain state bond measures for the enhancement of state and local recreational facilities. The court concluded thal the Director lacked such authority and set forth the basic rule that "in the absence of clear and explicit legislative authorization, a public agency may not expend public funds to promote a partisan position in an election campaign." Only impartial "informational" communications would be permissible, such as o fair presentation of the facts in response to a citizen's request for information. The Stonson Court also recognized that the line between improper "campaign" expenditures and proper "informational" activities is not always clear. "[T)he determination of the propriety or impropriety of the expenditure depends upon a careful consideration of such factors as the style, tenor and timing of the publication: no hard and fast rule governs every case." Id. at 221-22. The Stonson test was recently reaffirmed by the California Supreme Court in Vargas v. City of Salinas. 46 Cal. 4th 1 (2009) . Prior to Vargas. courts attempting to interpret and apply Stanson used varying tests to determine the permissibiity of expenditures. For example. in California Common Cause v, Duffy, an appellate court held that o local sheriff's use of public facilities and personnel to distribute postcards critical of then -Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office. 200 Cal. App. 3d 730, 746-747 (1987). In another appellate decision, Schroeder v. City Council of Irvine, another court of appeal upheld Irvine's "Vote 2000" Program. 97 Cal. App. 4th 174 (2002). The program encouraged voter registration. without specifically advocating a particular position on any measure, Although the city had taken a public position in svrnmary of bpd Conficts Of interest lows and Reyt,btians 02017 Richards. shohon 8. Gershon 20407'2 Paye 70 Summary of the Major Provisjons ono Requirements of Principal Conlicts of Interest lows and Regulations favor of the proposed ballot measure. the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 program would be political expenditures and unlawful under Ranson only if the communications expressly advocated. or taken as o whole unambiguously urged, the passage or defeat of the measure. Because the city presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the city's utility users tax ("Measure O"J sued the city alleging improper government expenditures. the court held that even if a communication does not expressly advocate for either side of an issue. a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing. Although the court did not specifically refer to the Schroeder analysis in its opinion. the court clearly stated that the "express advococy" standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Manson. Thus. local governments must look to Vargas rother than Schroeder for the proper standard to evaluate whether an expenditure is permissible. A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The chaltenged expenditures were made pursuant to general appropriations in the city's regular annul budget pertaining to the maintenance of the city's website, the publication of the city's regular quarterly newsletter, and the ordinary provision of information to the public regarding the city's operations. The Supreme Court found that in posting on the city's website the minutes of city council meetings relating to the counca's action along with reports prepared by various municipal departments and presented by officials at city council meetings, the city engaged in informational rather than campaign activity. Similarly. the city did not engage in campaign activity in producing o one-page document listing the program reductions that the city council voted to implement should Measure 0 be approved, or in making copies of the document available to the public at the city clerk's office and public libraries. The court reasoned that viewed from the perspective of an objective observer, the document dearty constituted an informational statement that merely advised the public of specific pions that the city council voted 10 implement should Measure 0 be approved. Finally, the court found that the city engaged in permissible informational activity by mailing to city residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in city services. Although under some circumstances the mailing of motericd relating to o ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity: it was a regular edition of the newsletter that was mated to all city residents as a general practice, the style and tenor of the Summary of Pmcipol Conflicts of Interest Lows and Regulations C 2017 Richards, Watson 8. Gershon 2040772 Page 7, Summary of The Motor Provisions and Reg.memer.' of Pnncipal Conflicts of Interest Lows enol Regulations publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditiond campaign material. and the article provided residents with important information about the tax in an objective and nonpartisan manner. The Supreme Court ilustrated the insufficiency of the "express advocacy" standard by suggesting that if the city were to post billboards throughout the city prior to an election stating, "IF MEASURE 0 IS APPROVED. SIX RECREATION CENTERS, THE MUNICIPAL POOL. AND TWO LIBRARIES WILL CLOSE." it would defy common sense to suggest that the city hod not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard. Vargas and Sfonson reflect that local agencies must exercise caution when communicating to voters about local measures. Unfortunately. there is no hard and Lost rule io assist public officials in distinguishing improper partisan campaign expenditures trom permissible expenditures for "informational activities." whether a communication is permissible will be based on a combination of these factors. and public officials should therefore seek the advice of the city attorney on a case-by-case basis_ Assistance may also be obtained from the FPPC. Last, public officials should also be aware of a fairly new mass mailing rule that regulates communications pertaining to candidates and ballot measures. In 2009, the FPPC adopted a new regulation to prohibit government agencies from paying for mass matings that expressly advocate or "unambiguously urge" a particular result in an election. Regulation 18901.1 prohibits a mailing if all of the following criteria are met: • A delivery of a tangible item such as a written document, video tape. record, or button and is delivered to the recipient at his or her residence. place of employment or business, or post office box: • The item sent expressly advocates or unambiguously urges a particular result in an election: • The public agency (1) pays to distribute the item or 12) pays costs, exceeding $50, reasonably related to designing, producing, printing or formulating the content of the item including. but not limited to payments for polling or research and payments for the salary. expenses. or fees of the agency's employees, agents, vendors. or consultants with the intention of sending the item: and • More than 200 substantially simiar items are sent during the course of the election including items sent during the qualification drive or in anticipation of an upcoming election. A mailing "unambiguously urges a particular result in an election" if the communication can be reasonably characterized as campaign material or activity and is not a fair presentation of facts serving only an informational purpose when taking into account the style, tenor, and timing of the communication, Summary of Pnnc of Conflicts of interest Lows anal Regugnons 0201 7 Richards. wagon a Gershon 2010772 Page 72 Summary al tle Mapr Provision (Ina Requremenls 01 Pnncipol Conflicts of Interest Laws aria Regubfons There are exceptions to this rule. and the following are not considered campaign related mass matings: ( 1) an agency report providing the agency's internal evaluation of a measure sent 10 a member of the public upon the individud's request: (2) a written argument sent to a voter in the voter information pamphlet: and (3) o communication clearly and unambiguously authorized by law. Essentially, this regulation ut11izes the standards articulated by the Supreme Court in the Vargas case and provides that communications that violate those standards are prohibited moss matings. Summary of Pnnvpal Conkers of Interest Lows and f+egugtions G 1017 Richards. wosson 1. Gersnot, 2040772 Page 73 SumrOr, at the Mary Proveyon5 and Requirements of Pnne.pol Conflicts Of Interest L.aws and RaguIOtions VI. PROHIBITION ON GIFTS OF PUBLIC FUNDS Article XVI. Section 6 of the California Constitution prohibits state and local governments from making gifts of public funds or property. A transfer of property without consideration is a gift. Civ. Code § 1146. However. where property is transferred for a "public purpose" it will not be considered a gift of public funds. There, "[tine benefit to the government from an expenditure for a 'public purpose' is in the nature of consideration and funds expended are therefore not o gift even though private persons are benefited therefrom." 69 Ops. Cal. Att'y Gen. 168 (1986) (citing California Employment Stabilization Comm'n v, Payne. 31 Cal. 2d 210. 216 (1947): Alameda County v. Janssen, 16 Cd. 2d 276, 281 (19400. In determining whether a legislative body has made a gift of public funds, courts MI look first at "whether the money is to be used for a public or private purpose." Oakland v. Garrison, 194 Cal, 298, 302 (1941). "If it is for a public purpose within the jurisdiction of the appropriating board or body, it is not, generally speaking, to be regarded as a gift." Id. As the California Court of Appeal explained in Board of Supervisors v. Dolan. lilt is settled that if a public purpose is served by the expenditure of public funds, the constitutional prohibition is not violated even though there may be incidental benefits to private persons." 45 Cal. App. 3d 237, 243 (1975). However, to ovoid violating the constitutional prohibition. public financial assistance must be tailored or "directly related" to a public purpose. California Housing Finance Authority v. Elliott, 17 Cd. 3d 575 (1976). Thus, financial assistance that does not directly further the proffered public purpose may still be found to be unconstitutional. Courts defer to the legislative body's determination of what constitutes o "public purpose." The concept of pubic purpose has been "liberally construed by the courts," and a city council's determination of public purpose will be upheld unless it is "totally arbitrary." County of Alameda v. Carleson, 5 Col. 3d 730, 746 (1971). Where a city acts pursuant to a state statute or in furtherance of a state statute, courts veil deter to the state legislature in determining whether a public purpose exists. Summary of Principal Conflicts of Interest laws and Regalia NOM e 2017 Richards. wohon & Gershon 20407 72 Page 74 Summary cf the Motu Provisions and Requremer.fs 01 Pnnc pat Conich of Interest Lows and ReQubeons VII. CONCLUSION More often than not, determining the application of conflicts of interest lows in particular circumstances requires complicated analysis. Because the consequences for a violation of These laws can be very serious. it is important that potential conflicts be identified as soon as possible to ensure that the appropriate analysis can be performed. To that end. we recommend that public agency staff prepare 500 feet radius maps of counca member residences (and those of other public officials. such as planning commissioners) so that such officials may be alerted to projects that are located within 500 feet of their residence. Even though the materiality standards for real property interests have changed over the years. this is still an important starting point for a conflicts analysis. We encourage all public officials to keep in mind that it is the individual responsibility of each public official to determine whether he or she has a conflict in o particular decision. We encourage officials and staff to seek advice from the city attorney when in doubt about a conflicts of interest issue, Because only a formal, written opinion from the FPPC con immunize someone from prosecution. we strongly encourage officials and staff to seek advice from the city attorney cis early as possible. so that, if necessary, the public agency may request a formal opinion from the FPPC prior 10 any participation in a decision where a public official may have a conflict, In addition, the Legislature has enacted a statute that requires public officials to take al least two hours of ethics training every two years if the local agency provides that official with any type of compensation. salary or stipend or provides reimbursement for necessary and reasonable expenses incurred by that official in the performance of their official duties. § 53235(a). Ethics training would also be required of any employee designated by the local agency to receive such training. § 53234(c). Please seek advice from the city attorney regarding further details about ethics training. Summary of Pnnopof Conflicts of Interest Lows and Regulations m 2017 Richards. wdtson & German 2040772 Pogo 75 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About working seamlessly across offices in Los Angeles. Son Francisco. Orange County. Temecula, and the Centro( Coast ovr dedicated ream of experts provides the fuH-scope of public law services. We are the lawyers of choice for clients who seek. reliable. efficient and effective legal counsel. Richards. Watson & Gershon serves as city/town attorney. special counsel and general counsel to clients of sizes and demographics. Our attorneys are proficient in areas of law only Lound in a firrn with substantial experience in public agency representation. Local governments count on vs for help with their most complex problems. Speclaltles Include: www.twglaw.com SECTION 8 N Brown Act o HANDBOOK NISummary of the Major Provisions and Requirements of the Ralph M. Brown Act Summary and Discussion of the Major Provisions of the Brown Act Text of the Ralph M. Brown Act Updated including changes effective January 1, 2017 Table of Contents INTRODUCTION 11 SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWN ACT 1 APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES" 1 11. DEFINITION OF "MEETING" 2 111. EXCEPTIONS TO MEETING REQUIREMENT 2 A. The Individual Contact Exception 3 B. The Seminar or Conference Exception 3 C. The Community Meeting Exception 3 D. The Other Legislative Body Exception 3 E. The Social or Ceremonial Occasion Exception 4 F, The Standing Committee Exception 4 IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING 4 V. ADA COMPLIANCE 5 VI. SIMUL'ANEOUS OR SUCCESSIVE MEETINGS 5 VII. SERIAL MEETINGS 5 A. Contacts with Staff 6 B. Contacts with Constituents. Developers and Lobbyists 7 C. Contacts with Fellow Members of the Same Legislative Body7 VIII, NOTICE, AGENDA AND REPORTING REQUIREMENTS 8 A. Time of Notice and Content of Agenda 8 B. Action and Discussion on Non -agenda Items 11 C. Reporting of Actions 12 IX. PUBLIC PARTICIPATION .12 A. Regular Meetings 12 B. Public Comments at Special Meetings 13 C. Limitations on tne Length and Content of Public Comments 13 D. Additional Rights of the Public 14 X. CLOSED SESSIONS 16 XI. ENFORCEMENT 17 Xli. CONCLUSION 18 The Ralph M. Brown Act 20 Ralph M. brown Act 0 2017 Richoros. wcoson & Gershon 2040179 INTRODUCTION This Handbook is prepared to provide you with a summary of the major provisions of California's open meeting low for local governments - the Ralph M. Brown Act, including rules about calling and holding various types of meetings and closed sessions, as well as guidelines for how to avoid serial meetings. The second part contains the complete text of the Brown Act. This Handbook is designed for local government officials and staff and we hope you will find if useful. Should you have any questions about the information included in This Handbook, please do not hesitate to contact us. Richards, Watson & Gershon kolori M. Brown ACI 02017 Richards. Wotson a Gershon 2010779 Pogo Summary of the Major Provisions and Requirements of the Ralph M. Brown Act Polon M. &own Act C 2017 Rrchords, Watson $ Gershon 2040779 Page I Summary of the Major Provisions and Requirements of the Ralph M. Brown Act The Ralph M. Brown Act, more commonly known as the "Brown Act," is California's "sunshine" law for local government. The Brown Act is found in the California Govemment Code commencing with Section 54950. In a nutshell. the Brown Act requires local government business to be conducted at open and public meetings, except in certain limited situations, This paper briefly summarizes and discusses the major provisions of the Brown Act. I. APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES" The requirements of the Brown Act apply to "legislative bodies" of local governmental agencies. The term "legislative body" is defined to include the governing body of a local agency (e.g., the city council or the board of supervisors} and any commission, committee, board. or other body of the local agency, whether permanent or temporary. decision making or advisory, that is created by formal action of o Legislative body. § 54952(a) -(b). Standing committees of o legislative body. that hove either "continuing subject matter jurisdiction" or a meeting schedule fixed by formal action of the legislative body, are also subject to the requirements of the Brown Act. Some common examples include the finance, personnel. or simior policy subcommittees of o legislative body. Standing committees exist to make routine, regular recommendations on a specific subject matter. These committees continue to exist over time and survive resolution of any one issue or matter. They ore also a regular part of the governmental structure. The Brown Act does not apply to "ad hoc" committees comprised solely of members of the legislative body that are less than a quorum of the body. provided these committees do not hove a "continuing subject matter jurisdiction." or a meeting schedule fixed by formal action of the legislative body. Such ad hoc committees are purely advisory: they generally serve only o limited or single purpose. are not perpetual, and are dissolved when their specific task is completed. Advisory and standing committees, but not ad hoc committees. are required to hove agendas, and to have their agendas posted at least 72 hours in advance of their meetings. If this is done, the meeting is considered to be a regular meeting for dl purposes. If the agenda is not posted at least 72 hours in advance, the meeting must be treated as a special meeting, and all of the limitations and requirements for special meetings apply, as discussed later. Rosh M. Brown Act 2017 Rschores. Watson & Gershon 20.0779 Page surnMary o1 the MOIo Proviyprs of the Ralph M. &vwn ACt The governing boards of some private corporations, limited Iiabiity companies. and private entities may be subject to the Brown Act under certain circumstances. A private entity's governing board constitutes a legislative body within the meaning of the Brown Act if either of the following applies: (ij the private entity is created by on elected legislative body to exercise lawfully delegated authority of the legislative body; or (l) the private entity receives funds from a local agency and its governing board includes a member of the legislative body of the local agency who was appointed by the legislative body to the governing board as a full voting member. § 54952(c). The Brown Act also applies to persons who are elected to serve as members of a legislative body of a local agency even before they assume the duties of office. § 54952.1. Under this provision, the statute is applicable to newly elected, but not -yet - sworn -in, city council members and members of county boards of supervisors. II. DEFINITION OF "MEETING" The central provision of the Brown Act requires that all "meetings" of a legislative body be open and public. The Brown Act defines the term "meeting" very broadly, § 54952.2. and encompasses almost every gathering of a majority of legislative body members. including: Any congregation of a majority of the members of a legislative body at the same time and location ... to hear, discuss. deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. In plain English. this definition means that a meeting is any gathering of a majority of counci members, board ot directors, or other applicable legislative body. to hear, discuss or deliberate any item of local agency business or potential local agency business. III. EXCEPTIONS TO MEETING REQUIREMENT There are six types of gatherings that are not subject to the Brown Act. We commonly refer to these exceptions as: (1) the individual contact exception: (2) the seminar or conference exception: (3) the community meeting exception: (4) the other legislative body exception: (5) the social or ceremonial occasion exception: and (6) the standing committee exception. Unless a gathering ot a majority of the members of a legislative body foils within one of the exceptions discussed below. if a majority of members are in the same room and merely listen to a discussion of local agency business, they wil be participating in a meeting within the meaning of the Brown Act that requires notice. an agenda. ana a period for public comment. Ralph M &own AC1 C 2017 RIchord7. wafter 3 Gershon 2010779 Page 2 Summary of Rha Maio, Provisions of the Ralph M. Brown Act A. The Individual Contact Exception Conversations. whether in person, by telephone or other means, between o member of a legislative body and any other person do not constitute a meeting under the Brown Act. § 54952.2(c)(1). However. such contacts may constitute a "serial meeting" (discussed below) in violation of the Brown Act, if the individual also makes a series of individual contacts with other members of the legislative bocty, and communications with these other members ore used to "discuss. deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." B. The Seminar or Conference Exception Attendance by a majority of the legislative body at a seminar. conference, or similar educational gathering is generally exempted from &own Act requirements. § 54952.2(c)(2). However, in order to qualify under this exception, the seminar or conference must be open to the public and must involve issues of general interest to the public or to local agencies. Attendance at a California League of Cities or California Contract Cities seminar is an example of an educational gathering that fulfils these requirements. However, this exception will not apply to a conference or seminar if a majority of legislative body members discuss among themselves items of specific business relating to their own local agency other than as part of the scheduled program, C. The Community Meeting Exception The community meeting exception allows a majority of legislative body members to attend privately sponsored neighborhood meetings, town hall forums, chamber of commerce lunches or other community meetings at which issues of local interest are discussed. § 54952.2(c)(3). In order to fall within this exception, however, members of the legislative body must observe several rules that limit this exception. First, the community meeting must be "open and publicized." Therefore, attendance by a majority of the legislative body at a homeowners association meeting that is limited to the residents of a particular development and only publicized among members of that development would not quality for this exemption. Also, as with the other exceptions. a majority of legislative body members cannot discuss among themselves items of business of their own local agency other than as part of the scheduled progam. D. The Other Legislative Body Exception This exception allows a majority of members of any legislative body to attend open and noticed meetings of other legislative bodies of their local agency, or of another lord agency, without treating such ottendonce as a meeting of the body. § 54952.2(c)(4). Of course, as with other meeting exceptions, the legislative body members are prohibited from discussing items of business of their local agency among themselves other than as part of the scheduled meeting. Ralph M. Brawn Act 2017 Richards, Watson d Gershon 2040779 Page 3 Summary of the Motor Provisions of tib Ralph M. Brown Ar:! E. The Social or Ceremonial Occasion Exception As has always been the case, the Brown Act does not apply to attendance by a majority of the legislative body members at purely social or ceremonial occasions. § 54952.2(c){5). This exception only applies if a majority of legislative body members do not discuss among themselves items of business of their local agency. F. The Standing Committee Exception The stonding committee exception allows members of o legislative body, who are not members of a standing committee of that body, to attend an open and noticed meeting of the committee without making the gathering a meeting of the full legislative body itself. § 54952.2(c)(6). The exception applies only in the situation where the attendance at o standing committee meeting by legislative body members who are not stonding committee members would create a gathering of a majority of the legislative body (and therefore, a "meeting" of the legislative body); otherwise. there is no "meeting'. under the Brown Act. In order to fall within the stonding committee exception, the legislative body members who are not members of the standing committee may attend only as "observers." This means that the noncommittee members of the legislative body should not speak at the standing committee's meeting. sit in their usual seat on the dais, or otherwise participate in the meeting. To avoid this awkward situation, it is generally recommended that, if a stonding committee meeting is likely to be attended by other legislative body members, then the meeting should be agendized as a meeting of the whole legislative body. This MI allow full participation by all members of the legislative body. IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING The Brown Act generally requires all meetings of a legislative body to occur within the boundaries of the local agency. § 54954(b). There are exceptions to this rule, however, such as allowing meetings with a legislative body of another local agency in that agency's jurisdiction Meetings held outside of a local agency's boundaries pursuant to an exception still must comply with agenda and notice requirements, which are discussed below. "Teleconferencing" may be used as a method for conducting meetings whereby members of a legislative body may be counted towards o quorum and participate fully in the meeting from remote locations. § 54953(b). If a member participates in a meeting via teleconferencing, the following requirements apply: (1) the remote locotions must be connected to the main meeting location by telephone, video or both: (2) the notice and agenda at the meeting must identify the remote locations: (3) the remote locations must be posted and accessible to the public: (4) all votes must be by roil call; and (5) the meeting must in all respects comply with the Brown Act, including participation by members of the public present in remote locations_ A Rpbh M. Brown Act C 2017 Rhcho►ds. wotson & Gershon 2040779 Page 4 Sjrnmory 01 'he Moor of the Rapti M. &own Act quorum of the legislative body must participate from locations within the jurisdiction, but other members may participate From outside the jurisdiction. The teleconferencing rules only apply to members of the legislative body. Stott members. attorneys, or consultants may participate remotely without following the posting and public access requirements of the teleconferencing rules. V. ADA COMPLIANCE Pursuant to Section 54953.2. all meetings of o legislative body. other than dosed session meetings or parts of meetings involving a closed session, are required to be held in a location and conducted in a manner that complies with the Americans with Disabilities Act of 1990. In addition, if requested, the agenda and documents in the agenda packet shall be made ovaiable in alternative formats to persons with a disablity. § 54954.1, The agenda shall include information regarding how, to whom, and when a request for disability -related modification or accommodation, including auxiiory aids or services, may be made by o person with a disability who requires a modification or accommodation in order to participate in the meeting. § 54954.2. VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS A legislative body That has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body. simultaneously or successively, only it o clerk or a member of the convened legislative body makes a verbal announcement prior to convening any simultaneous or successive meeting. The clerk or member of the legislative body must announce the subsequent legislative body, the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or successive meeting of the subsequent legislative body and the form in which the compensation or stipend shall be provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. The compensation and stipend is not required to be announced if it is listed in o statute without additional compensation authorized by the local agency. and in any case. the announced compensation must not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of his or her official duties. § 54952.3. VII. SERIAL MEETINGS In addition to regulating all gatherings of a majority of the members of o legislative body, the Brown Act also addresses certain contacts between individual members of the legislative body. On the one hand, the Brown Act specifically provides that nothing in the Act is intended to impose requirements on individual contacts or conversations between a member of a legislative body and any other person. § 54952.2(c)(1). This Ralph M, &our Ac' O 2017 Richards. watsor & vers^or 2440779 Page 5 Summary or the Major Provisions of me Ralph M. Brown Act provision even applies to individual contacts between two members of the legislative body (the individual contact exception to the "meeting" described above). Despite this exception, however, the Brown Act prohibits 'serial meetings.' § 54952,2(b)(1). A serial meeting is a series of meetings or communications between individual members of the legislative body in which ideas are exchanged among a majority of a legislative body through either one or more persons acting as intermediaries or through use of telephone, telephone answering machine. a -mai, or voice mai. A serial meeting can occur even though a majority of legislative body members never gather in o room at the some time. and it typically occurs in one of two ways. The first is when a staff member, a legislative body member, or some other person individuaity contacts a majority of legislative body members and shares ideas among the majority ("I've talked to members A and B and they will vote 'yes.' Will you?"). Alternatively. member A calls member B, who then calls member C. and so on. until a majority of the legislative body has discussed or deliberated or has taken action on the item of business. The prohibition against serial meetings does not, however. prohibit communications between staff and legislative body members fa the purpose of answering questions or providing information regarding a matter that is within the subject matter jurisdiction of the local agency, as long as the staff person does not communicate, with other members of the legislative body, the comments or positions of any other member of the legislative body. § 54952.2(b)(2). Observing the following guidelines can avoid inadvertent violation of the serial meeting rule. These rules of conduct apply only when a majority of a legislative body is involved in a series of individual contacts a communications outside of o noticed "meeting." whether with local ogency staff members, constituents, developers. lobbyists, or other members of the legislative body. A. Contacts with Staff Staff can inadvertently become a conduit among a majority of a legislative body in the course of providing briefings on items of local agency business. The Attorney General previously took the position that. when local agency staff individually briefs a majority of legislative body members, such briefing necessarily constitutes an illegal serial meeting. This position was rejected by the California Court of Appeal. which clarified that staff briefings of individual city council members do not constitute an illegal serial meeting under the Brown Act without additional evidence that: (1) staff acted as a personal intermediary for other members of the legislative body; and (2) the meetings led to a collective concurrence among members of the legislative body. The stale legislature amended Government Code Section 54952.2 in 2008, effective in 2009, to further clarify that staff briefings of individual city council members for the purpose of answering questions or providing information regarding an item of business do not constitute an ilegal serial meeting under the Brown Act as long as a staff person does not communicate the comments or positions of a member of the legislative body to other members. Staff briefings must therefore be handled carefully, To ovoid having o staff briefing become a serial meeting: • Staff briefings of members of the legislative body should be "unidirectional" when done on an individual basis for a majority of the Ralph M. Brown Act 0 2017 Richards. wolson R Gershon 2040779 Page e 3JrnrnorY of the Mor. -dr 'rG i5:07; u' i•.r kU V'' M. B&OWn ACI legislative body. This means that information should flow from staff to the member, and the member's participation should be limited to asking questions and acquiring information. Otherwise. if multiple members separately give staff direction thereby causing staff to shape or modify their ultimate recommendations in order to reconcile the views of a majority of the members, a violation might occur. • A legislative body member should not ask staff to describe the views of any other members of the legislative body, and staff should not volunteer those views if known. • Staff may present their views to a legislative body member during an individual contact. but staff should not ask for that member's views unless it is absolutely dear that staff is not discussing the matter with a majority of the legislative body. B. Contacts with Constituents, Developers and Lobbyists A constituent, developer, or lobbyist can also inadvertently become an intermediary among a majority of members of a legislative body thereby creating an ilegal serial meeting in violation of the Brown Ad. Such persons' unfamiiarity with the requirements of the Brown Act aggravate this potential problem because they may expect 0 legislative body member to be wiling to commit to a position in a private conversation in advance of a meeting. To avoid violations arising from contacts with constituents, developers and lobbyists: • State the ground rules "up front." Ask it the person has talked, or intends to talk, with other members of the legislative body about the some subject. If the answer is "yes," then make it clear that the person should not disclose the views of other legislative body member(s) during the conversation. • Explain to the person that you will not make a find decision on a matter prior to the meeting. For example: "State law prevents me From giving you a commitment outside a noticed meeting. I will listen to what you have to say and give it consideration as I make up my mind." • Do more listening and asking questions than expressing opinions. If you disclose your thoughts about a matter, counsel the person not to share them with other members of the legislative body. C. Contacts with Fellow Members of the Same Legislative Body Direct contacts concerning local agency business with fellow members of the some legislative body - whether through face-to-face or telephonic conversations. notes. letters, e-mail with or to staff members - are the most obvious means by which an ilegal Rofph M. drown Ac! O 2017 Richorbs. Watson & Gershon} 2040779 Page 5umn Ory Of The MO1Or Provisions Or the Roph M. Brown AO serial meeting can occur. This is not to say that a member of a legislative body is precluded from discussing items of local agency business with another member of that legislative body outside ota meeting: as long as the communication does not involve a majority of the legislative body. no "meeting" has occurred. There is. however, always the risk that one participant in the communication will disclose the views of the other participant to a third or fourth legislative body member, creating the possibility of a discussion of an item of business outside a noticed public meeting. Therefore, avoid discussing city business with a majority of the members of your legislative body, and communicating the views of other legislative body members outside a meeting. These suggested rules of conduct may seem unduly restrictive and impractical, and may make acquisition of important information more difficult or time-consuming. Nevertheless, following them will help assure that your conduct comports with the Brown Act's goal of achieving open government. If you have questions about compliance with the Act in any given situation, you should seek advice From your city attorney. Adherence to the foregoing guidelines is not o substitute tor securing advice from your legal counsel. VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS A. Time of Notice and Content of Agenda Two key provisions of the Brown Act which ensure the public's business is conducted openly are the requirements that legislative bodies publicly post agendas prior to their meetings. (§§ 54954.2. 54955. 54956. and 54957.5) and that no action or discussion may occur on items or subjects not listed on the posted agenda (§ 54954.2). Limited exceptions to the rule against discussing or taking action not on a posted agendo are included in the Brown Act and are discussed further below. Legislative bodies, except advisory committees and standing committees. are required to establish a time and place for holding regular meetings. § 54954(a). A "regular" meeting is a meeting that occurs on the legislative body's established meeting day. Agendas tor a regular meeting must be publicly posted 72 hours in advance of the meeting in a place that is freely accessible to the public. Agendas must Contain 0 brief general description of each item of business to be transacted or discussed at the meeting. § 54954.2(0). The description should inform the public of the "essential nature" of the matter. but need not exceed 20 words. San Diegans for Open Government v. City of Oceanside. 209 Col. Rptr. 3d 305. 310 (Ct. App. 2016). as modified (Nov. 7. 2016). Courts will uphold a challenge to the sufficiency of an agenda item description when the description provides fair notice of what the agency will consider. The San Diegans for Open Government case provides an example of a sufficient agenda description that provides fair notice. In San Diegans for Open Government, the Oceanside City ROph M. Brown ACI C 2017 Richards, wotson & Gershon 2040779 Page @ Summary of the Mom orovnvor* of the Rolph M. Brown Ac' Council approved a subsidy ogreement with a hotel developer using the following agenda item description: "Adoption of a resolution to approve: I , An Agreement Regarding Real Property (Use Restrictions) between the City of Oceanside and SD Malkin Properties Inc. to guarantee development and use of the property as a full service resort consistent with the entitlements for the project: 2. An Agreement Regarding Red Property to provide a mechanism to share Transit Occupancy Tax (TOT) generated by the Project: 3. A Grant of Easement to permit construction of a subterranean parking garage under Mission Avenue; 4. A report required by AB 562 prepared by Paul Marro of Keyser Marston and Associates documenting the amount of subsidy provided to the developer, the proposed start and end date of the subsidy. the public purpose of the subsidy. the amount of the tax revenue and jobs generated by the project; and 5. A License Agreement to permit construction staging for the project on a portion of Lot 26." The court ruled that this agenda description complied with the requirements of Government Code Section 54954.2 because the agenda description expressly gave the public notice that the council would consider a fairly substantial development of publicly owned property as a hotel. that the City would share the transient occupancy tax generated by the project, and that the transaction would involve a subsidy by the City. Additional information, while helpful. was not necessary to provide fair notice of the essential nature of the action under state law_ The Court found that the language of the agenda, considered as a whole, provided more than a "clue" that the City planned to provide the developer with a substantial and ongoing financial subsidy in exchange for the project. In contrast, in Hernandez v. Town of Apple Valley, No. E063721, 2017 WL 56338 (Cd. Ct. App. Jon. 5. 2017), the court held that the Apple Valley Town Council's agenda description was insufficient. In the Hernandez case, the Apple Volley Town Council adopted three resolutions that called for o special election related to an initiative to adopt a commercial specific plan and that provided for the filing of arguments and rebuttal arguments for and against the initiative. In addition. the Town Council adopted a Memorandum of Understanding ("MOU") that authorized the acceptance of a gift from an interested party. Wal-Mart. to pay for the special election. The agenda description for the matter reod "waI-Mart initiative Measure" and included a recommendation for action that reod "(pirovide direction to staff." The court reiterated that the Brown Act requires that each item of business be placed on the agenda. With respect to the MOU. the court highlighted that nothing in the agenda description, or even in the agenda packet. indicated that the Town Council was going to consider an MOU to accept a gift from Wol-Mari to pay for a special election to pass the initiative. The court concluded that the City violated the Brown Act by omitting the MOU from the agenda description, as this omission meant that the plaintiff was given no notice of this item of business. Agendas must also be posted on the local agency's Internet Web site, if one exists. for City Council meetings, and meetings of any other legislative body where some members are City Council members and are compensated for their appearance. Ralph M. Brawn Act 0 2017 Richards. wagon & Gvuhon 3040779 Page o Summary or the motor Proviso of the Ralph M. &own Ac While the language of the 72 hour posting requirement appears absolute. the California Attorney General recently opined that technical difficulties, such as o power failure. cyber attack, or other third -party interference that prevents a local agency from posting its agenda on its website for the full 72 hours will not necessarily preclude the legislative body from lawfully holding its meeting. 16 Cal. Daly Op. Serv. 937 (Jan. 19, 2016). Whether a public meeting may continue as scheduled will require a fact specific analysis, that will depend on whether the local agency has otherwise "substantially complied" with the Brown Act's agenda posting requirements by property posting a physical agenda and making other "reasonably effective efforts" (such as making the agenda avalable on social media or some other alternative website) to notify the public of the meeting. Please note that the adoption of a CEQA document, such as an environmental impact report or a negative declaration, by a Planning Commission or a City Council is a distinct item of business separate from the item approving the project and must be expressly described in on agenda. A "special" meeting is a meeting that is held al a time or place other than the time and place established for regular meetings. For special meetings, the "call and notice" of the meeting and the agenda must be posted, including in some cases on the local agency's Internet Web site. at least 24 hours prior to the meeting. § 54956. Additionally, each member of the legislative body must personally receive written notice of the special meeting either by personal delivery or by "any other means" (such as facsimile, e-mail or U.S. mai) at least 24 hours before the time of the special meeting. unless they have previously waived receipt of written notice. Members of the press (including radio and television stations) and other members of the public can also request written notice of special meetings and, if they have. then that notice must be given at the same time notice is provided to members of the legislative body. An "emergency" meeting may be called to address certain emergencies, such as a terrorist act or crippling disaster, without complying with the 24-hour notice requirement, Certain requirements apply for notifying the press and for conducting closed sessions as part of those meetings. and except as specified, all other rules governing special meetings apply. § 54956.5. Both regular and special meetings may be adjourned to another time. Notices of adjourned meetings must be posted on the door of the meeting chambers where the meeting occurred within 24 hours after the meeting is adjourned. § 54955. If the adjourned meeting occurs more than five days atter the prior meeting. a new agenda for that adjourned meeting must be posted 72 hours in advance of the adjourned meeting. § 54954.2(b)(3). The Brown Act requires local agencies to mar the agenda or the full agenda packet to any person making a written request no later than the time the agenda is posted or is delivered to the members of the body, whichever is earlier. A local agency may charge a fee to recover its costs of copying and mailing. Any person may make a standing request to receive these materials, in which event the request must be Ralph M. &own Act 02017 Richards. Watson & Gennon 2040779 Page lG Summary of Pi Motor Provtons of the Ralph M Brown Act renewed annually. Failure by any requeslor to receive the agenda does not constitute grounds to invalidate any action taken at a meeting. § 54954.1. B. Action and Discussion on Non -agenda Items The Brown Act also ensures the public's business is conducted openly by restricting a legislative body's ability to deviate from posted agendas. The statute affords a legislative body limited authority to act on or discuss non -agenda items at regular meetings, but forbids doing so at special meelings. As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for a regular meeting. § 54954,2. This rule does not, however, preclude a legislative body from acting on a non -agenda item that comes to the loco agency's attention subsequent to the agenda posting which requires immediate action. In order to ut1liae this exception, the legislative body must make findings of both components of the exception by a two-thirds vote of those present (by unanimous vote if less than two-thirds of the body is present). This means that if four members of a five -member body are present, three votes are required to add the item: if only three are present, a unanimous vote is required. In addition. an item not appearing on an ogenda may be added if the legislative body determines by a majority vote that an emergency situation exists. For purposes of this exception, the term "emergency situation" refers to work stoppages or crippling disasters that severely impair public health, safety. or both, Notwithstanding the two general exceptions set forth above, a legislative body may also discuss non -agenda items at a regular meeting under the following five additional exceptions: • Members of the legislative body or staff may briefty respond to statements made or questions posed by persons during public comment periods: • Members of the legislative body or staff may ask a question for clarification, make a brief announcement or make a brief report on their own activities: ▪ members of the legislative body may, subject to the procedural rules of the body. provide a reference to staff or other resources for factual information: • Members of the legislative body may. subject to the procedural rules of the body. request staff to report back to the legislative body at a subsequent meeting concerning any matter: and • Members of the legislative body may, subject to the procedural rules of the body, take action to direct staff to place a matter of business on a future agenda. Ralph M. brown Act O 2017 Rechards. Watson b Gersnor. 2040779 nage , Summary of the Motor ProvWOrri 01 Ire Ralph M. Brown Act Therefore, spending a few minutes to discuss whether a matter should be placed on a future agenda or asking staff procedural questions is permissible. Cruz v. City of Culver City. 2 Cd.App,5th 239 (20161. The legislative body may not. however, discuss non - agenda items to any significant degree. This means there should not be long or wide- ranging question and answer sessions on non -agenda items between the legislative body and the public. or between the legislative body and staff. 11 is important to follow these exceptions carefully and construe them narrowly to avoid tainting an important and complex action by a non-agendized discussion of the item. The Brown Act contains even more stringent regulations to restrict action on and discussion of non -agenda items at special meetings. In particular, the statute mandates that only business that is specified in the "call and notice" of the special meeting may be considered by the legislative body. § 54956. Notwithstanding, a special meeting may riot be called to discuss compensation of o local agency executive. § 54956(b). C. Reporting of Actions The Brown Act mandates the public reporting of individual votes or abstentions by members at legislative bodies on any given motion or action. This requirement may be satisfied in most situotions by reporting the individual vote or abstention of each member in the minutes of a meeting. § 54953. As of January 1, 2017, the Brown Act also requires that the legislative body orally report o summary of recommendations made with respect to the salary. salary schedule, or compensation paid to a local agency executive. The legislative body must issue the report at the same meeting in which the final action on compensation is being considered, § 54953(c). IX. PUBLIC PARTICIPATION A. Regular Meetings The Brown Act mandates that every agenda for a regular meeting provide an opportunity for members of the public to directly address the legislative body on any matter that is within the subject matter jurisdiction of the legislative body. § 54954.3(o). In addition, the Brown Act requires the legislative body to allow members of the public to comment on any item on the agenda either before or during the body's consideration of that item. § 54954.3(a). Some local agencies accomplish both requirements by placing a general audience comment period at the beginning of the agenda where the public can comment on both agenda and non -agenda items. Others provide public comment periods as each item or group of items comes up on the agenda, and then leaves the general public comment period to the end of the agenda. Either method is permissible. though public comment on public hearing items must be taken during the hearing. Ralph M Brown Act O 2017 Rict+ords. Watson S. Gershon 2040779 Page 12 Surnmory of the Motor Provneons of the Rapti M. Brown Act The Brown Act allows a legislative body to preclude public comments on on agenda item in one situation - where the item was considered by a committee, composed solely of members of the body, that held a meeting where public comments on that item were allowed. So, if the legislative body has standing committees (which are required to have agendized and open meetings with an opportunity for the public to comment on agenda items), and the committee hos previously considered an item, then at the time the item comes before the full legislative body, the body may choose not to take additional public comments on that item. However, if the version presented to the full legislative body is different from the version presented to. and considered by. the committee, then the public must be given another opportunity to speak on that item al the meeting of the full body. § 54954.3. B. Public Comments at Special Meetings The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to address the legislative body concerning any item listed on the agenda before or during the body's consideration of that item. § 54954.3(a). Unlike regular meetings. though, the legislative body does not have to allow public comment on non -agenda matters at a special meeting. C. Limitations on the Length and Content of Public Comments A legislative body may adopt reasonable regulations limiting the total amount of time allocated to each person for public testimony. Typical time limits restrict speakers to three or five minutes. If an individual utiizes a translator to give testimony and simultaneous translation equipment is not used. the legislative body must allot at least twice the standard amount of time lo the speaker. A legislative body may also adopt reasonable regulations limiting the total amount of time allocated for public testimony on legislative matters, such as a zoning ordinance or other regulatory ordinance. § 54954.3(b). However, we do not recommend setting total time limits per item for any quasi-judicial matter, such as a conditional use permit application, because such a restriction could result in a violation of the due process rights of those who were not able to speak to the body during the time allotted. The Brown Act precludes a legislative body from prohibiting public criticism of the policies. procedures. programs, or services of the local agency or the acts or omissions of the body. § 54954.3(c). This prohibition does riot mean that a member of the public may say anything during public testimony. If the topic of the public's comments falls outside the subject matter jurisdiction of the local agency. the legislative body may stop a speaker's comments. A legislative body also may adopt reasonable rules of decorum that preclude a speaker from disrupting, disturbing or otherwise impeding the orderly conduct of its meetings. § 54954.3(b). The right to publicly criticize a public official does not include the right to slander that official, though the line between criticism and slander is often difficult to determine in the heat of the moment. Care must be given to avoid violating Ralph M_ Brown Act C 2017 Richards. wolson 6 Gershon 2040779 Page i 1 Summary of the Map Prorwons of the Ralph M. Sown Act the free speech rights of speakers by suppressing opinions relevant to the business of the legislative body. Finally. in some circumstances, the use of profanity may serve as a basis for stopping a speaker. It will depend. however, upon what profane words or comments are made and the context of those comments. Therefore, no one should be ruled out of order for profanity unless the language both is truly objectionable and causes a disturbance or disruption in the proceeding. D. Additional Rights of the Public The Brown Acl grants the public the right to videotape or broadcast a public meeting, as well as the right to make a motion picture or stil camera record of such meeting. § 54953.5(aJ. A legislative body may prohibit or limit recording of a meeting, however. if the body finds that the recording cannot continue without noise, illumination, or view obstruction that constitutes, or would constitute. a disruption of the proceedings. § 54953,6, Any audio or videotape record of an open and public meeting that is made, for whatever purpose, by or of the direction of the local ogency is a public record and is subject to inspection by the public consistent with the requirements of the Public Records Act. § 54953.5(b). The local agency must not destroy the tape or film record for at least 30 days following the date of the taping or recording. Inspection of the audiotape or videotape must be made avalable to the public for free on equipment provided by the local agency. The Brown Act requires written material distributed to a majority of the body by any person to be provided to the public without delay. This rule is inapplicable, to attorney- client memoranda, the confidentiality of which was affirmed by the California Supreme Court in Roberts v. City of Palmdale, 5 Col. 4th 363 (1993). However, if non -privileged materiel is distributed during the meeting and prepared by the local agency, it must be available for public inspection at the meeting. If it is distributed during the meeting by a member of the public, it must be made avaiable for public inspection after the meeting. § 54957.5(c). if material related to an agenda item is distributed to a majority of the body Tess than 72 hours prior to an open session of a regular meeting. the writing must be made available at the some time for public inspection at a public office or location that has been designated in advance for such purpose. Each local agency must list the address of the designated office or location on the agendas for all meetings of the legislative body of that agency. § 54957.5(b). Although this Brown Act provision technically requires an agency to list the designated office address on closed session meeting agendas. it does not require an ogency to make such closed session documents and materials ovaiable for public inspection. A local agency may also post all documents mode available for public inspection pursuant to Section 54957.5(b) on the agency's Internet Web site. However. a local Ralph M. &Own Act e 2017 Richaras. Watson a Gershon 2040779 Page 14 $ymmory of the Motor Proviiiorli Witte Ralph M. Brown Act agency may not post the writings to its Web site in lieu of designating a public office or location for inspection of physical copies of the documents. We recommended that local agencies implement the following procedures to comply with Section 54957.5(b): • Place a binder at the agency's principal place of business next to the public counter agenda packet that identifies the contents as follows: "Disclosable public documents related to an open session agenda item on the __. Agenda Pocket distributed by the [AGENCY] to o majority of the [LEGISLATIVE BODY] Tess than 72 hours prior to the meeting." • On the agenda template for all meetings. there should be a standard footer or statement that indicates the following: Any disclosable public writings related to an open session item on o regular meeting agenda and distributed by the [AGENCY] to at least a majority of the [LEGISLATIVE BODY] less than 72 hours prior to that meeting are avaiable for public inspection at the Counter at [AGENCY'S PLACE OF BUSINESS] located at [ADDRESS] and [optional] the Counter of the Librory located at [LIBRARY ADDRESS] during normal business hours. [Optional] In addition. the Agency may also post such documents on the Agency's Web site at [WEB SITE ADDRESS]. • On the [AGENCY'S] Web site. create a subfolder under the agenda packet folder that identifies the contents of the subfolder as follows: "Disclosable public documents related to an open session agenda item on the Agenda Packet distributed by the [AGENCY] to a majority of the [LEGISLATIVE BODY] less than 72 hours prior to the meeting." • On all documents made avaiable for public inspection pursuant to Section 54957.5(b), make a notation of the date when distributed to at least o majority of the legislative body and placed in the binder at agency's place of business. [optional) the Library, or [optional) on the agency's Web site. • Charge customary photocopying charges for copies of such documents. One problem left unaddressed by Section 54957.5(b) is what to do when written materials are distributed directly to a majority of the legislative body without knowledge of staff, or even without the legislative body members knowing that a majority has received it. The law stil requires these materials to be treated as public records. Thus. it is a good idea for at least one member of the legislative body to ensure that staff gets a copy of any document distributed to members of the legislative body so that copies can be mode for the local agency's records and for members of the public who request a copy. Ralph M. Brown Act 0 2017 Richoras. Watson 8. Gershon 2040779 Poge 5 Summory of the Mayr Provisions of the Ralph M. Brown Act' X. CLOSED SESSIONS The Brown Act allows a legislative body to convene a "closed session" during a meeting in order to meet privately with its advisors on specifically enumerated topics. Sometimes people refer to closed sessions as "executive sessions." which is o holdover term from the statute's early days. Examples of business that may be conducted in closed session include personnel evaluations, threats to public safety. labor negotiations, pending litigation. real estate negotiations, and considerotion of a response to an audit report. §§ 54956.8, 54956.9. 54957, 54957.6. 54957.75. Political sensitivity of an item is not a lawful reason for a closed session discussion. The Brown Act requires that closed session business be described on the public agenda. Moreover, there is a "bonus" of sods for using prescribed language to describe closed sessions in that legal challenges to the adequacy of the description are precluded when such language is used. § 54954.5. This so-called "safe harbor" encouroges many local agencies to use a very similar agenda format, especially in light of a California Court of Appeal ruling that a local agency substantially complied with the Brown Act's requirement to describe closed session agenda items even though the notice referred to the wrong subsection of Section 54956.9. Castaic Lake water Agency v. Newhall County Water District. 238 Cal.App. 4th 1196 (2015). Audio recording of closed sessions is not required unless a court orders such recording after finding a closed session violation. § 54960. Closed sessions may be started in a location different from the usual meeting place as long as the location is noted on the agenda and the public can be present when the meeting frst begins. Moreover, public comment on closed session items must be allowed before convening the closed session. After a closed session, the legislative body must reconvene the public meeting and publicly report certain types of actions it they were token, and the vote on those actions. § 54957.1. There are limited exceptions for specified litigation decisions, and to protect the victims of sexual misconduct or chid abuse. Contracts, settlement agreements or other documents that are finally approved or adopted in closed session must be provided at the time the closed session ends to any person who hos made o standing request for dI documentation in connection with a request for notice of meetings {typically members of the media) and to any person who makes a request within 24 hours of the posting of the agenda_ it the requestor is present when the closed session ends. § 54957.1. One perennial area of confusion is whether a legislative body may discuss the salary and benefits of an individual employee (such as a city manager) as part of a performance evaluation session under Section 54957. It may not. However, the body may designate a negotiator or negotiators. such as two members of a five -member legislative body, to negotiate with that employee, and then meet with the negotiator(s) in closed session under Section 54957.6 to provide directions on salary and compensation issues. The employee in question may not be present in such o closed session.The Brown Act prohibits attendees from disclosing confidential information Ralph M. Brown Act 0 2017 Ricchords. Watson & Gershon 2040779 Page 16 5umrnoryof the Mope Provisions of Phe ROIpR M. Brown Act obtained during a closed session. unless the legislative body authorizes the disclosure. Violations can be addressed through injunctions, disciplinary action, and referral to the grand jury. § 51963. XI. ENFORCEMENT There are both civil remedies and criminal misdemeanor penalties for Brown Act violations. The civil remedies include injunctions against further violations, orders nullifying any unlawful action, orders determining that an alleged act violated the Brown Act, orders determining the validity of any rule to penalize or discourage the expression of a member of the legislative body, and remedies for breeching dosed session confidences. §§ 54960. 54960.1, 54960,2, 54963. The procedures for claiming there was a Brown Act violation vary depending upon what the complaining party is seeking. If the complaining party is seeking to invalidate an action based on a violation of the Brown Act. the procedures for doing so are set forth in Section 54960.1. as summarized below. If the complaining party is merely seeking a determination that o Brown Act violation occurred or desires the court to impose an order preventing further violations, the procedures for doing so ore set forth in Section 54960.2, also cis summarized below. Under Section 54960.1, prior to tiling suit to obtain a judicial determination that an action is null and void because of an alleged Brown Act vidation, the complaining party must make a written demand on the legislative body to cure or correct the alleged violation. The written demand must be made within 90 days offer the challenged action was taken, However, if the challenged action was taken in open session and involves a violation of the agenda requirements of Section 54954.2, then the written demand must be made within 30 days. The legislative body is required to cure or correct the challenged action and inform the party who filed the demand of its correcting actions, or its decision not to cure or correct. within 30 days. The complaining party must file suit within 15 days otter receipt of the written notice from the legislative body, or if there is no written response, within 15 days after the 30 -day cure period expires. § 54960.1 (b). Under Section 54960,2, poor to filing suit to obtain a judicial determination that an alleged Brown Act violation occurred atter January 1, 2013. the district attorney or interested person must submit a cease and desist letter to the legislative body clearly describing the legislative body's past action and the nature of the alleged violation within nine months of the alleged violation, Second, the legislative body may respond within 30 days. including responding with an unconditional commitment to cease, desist from. and not repeat the past action that is alleged to violate the Brown Act. If the legislative agency responds with an unconditional commitment, that commitment must be approved by the legislative body in open session at a regular or special meeting as a seporate item of business not on the consent calendar, and must be in substantially the form set forth in Section 54960.2(c)(I J. Also, a legislative body may resolve to rescind an unconditional commitment with proper notice to the public and to each person to whom the unconditional commitment was made. Upon rescission, the district attorney or any interested person may fie an action pursuant to Section 54960(a). Finally, Rot,h M Brown ACt C 2017 R,charas. wonon & Gershon 2010779 Page 17 Summary of the 'rata Pro,.iSions of the Rap' M. &awn Act Section 54960.2 provides further deadlines and requirements that must be met when filing on action in connection with an unconditional commitment. § 54960.2. A member of a legislative body will not be criminally liable for o violation of the Brown Act unless the member intends to deprive the public of information which the member knows or hos reason to know the public is entitled to under the Brown Act. § 54959. This standard became effective in 1994 and is a different standard from most criminal standards. Until it is applied and interpreted by a court. it is not clear what type of evidence will be necessary to prosecute a Brown Act violation. XII. CONCLUSION The Brown Act can be confusing, and compliance with it can be difficult, due to the statute's many rules and ambiguities. Nonetheless. noncompliance with the Acl is not on option. In the event that you have any questions regarding any provision of the law, you should contact your legal counsel for advice. Ralph M. Srtown Act C 2017 Richards. Watson & Gershon 204779 Page ' B The Ralph M. Brown Act Updated including changes effective January 1, 2017 Ralph M. Brown Act O 2017 R.chards Wahon & Gershon 20410779 ofle 19 text or the Rap!, . M. Brown AC The Ralph M. Brown Act Government Code §§ 54950-54963 Section 54950. Declaration of public policy In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councis and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people. in delegating authority. do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. Section 54950.5. Ti Ne of act This chapter shall be known a5 the Ralph M. Brown Act. Section 54951. "Local agency" As used in this chapter. "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision. or any board, commission or agency thereof, or other local public agency. Section 54952. "Legislative body" As used in this chapter. "legislative body" means: (a) The governing body of a local agency or any other Tocol body creased by state or federal statute, (b) A commission, committee. board. or other body of a local agency. whether permanent or temporary, decisionmaking or advisory. created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees. composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) (I) A board. commission. committee, or other multimember body that governs a private corporation. limited liability company, or other entity that either: Ralph M. Brown Act C 2017 Richards. Watson 1. Gershon 2040779 Page 20 Teal of the Ragh rvt. Brawn Act (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to o private corporation, limited liability company, or other entity. (8) Receives Funds from o local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency. (2) Notwithstanding subparagraph (8) of paragraph (1). no board. commission, committee, or other multimember body that governs a private corporation, limited liability company. or other entity that receives funds from a local agency and, as of February 9. 1996. has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liabiity company, or other entity shill be relieved From the public meeting requirements of this chapter by virtue of o change in status of the full voting member 10 a nonvoting member. (d) The lessee of any hospital the whole or port of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. Sicfbn 54952.1. Conduct and hecrtment of etectee Any person elected to serve as a member of o legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she hos already assumed office. Section 54952.2. specified communications of legislative body of local agency prohibited outside meeting thereof (a) As used in this chapter. "meeting" means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate. or take action on any itern that is within the subiect motter jurisdiction of the legislative body. (b) (1) A majority of the members of a legislative body shall not. outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries. to discuss. deliberate. or take action on any item of business thot is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed os preventing an employee or official of o local agency, from engoging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, it that person does not communicate to Ralph M. &own Ad C 2417 R charcys. Ara Kan & Gershon 2040779 Poge 21 tent or Mb Ralph M Brown Act members of the legislative body the comments or position of any other member or members of the legislative body. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: (1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of o legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the Iegislotive body, provided that a majority of the members do not discuss among themselves, other than as port of the scheduled program. business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers hove required other participants or registrants to pay fees or charges as o condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other thon the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of o specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at on open and noticed meeting of a legislative body of another local agency. provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting. business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency_ (5) The attendance of o majority of the members of a legislative body at o purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of o majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. Section 54952.3. Simultaneous or serial order meetings authorized: Requirements: Compensation or stipend (a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body. simultaneously or in serial order, only it a clerk or a member of the Ralph M. Brown Act Tr 2017 Ric r rJ . wohnn 1. Cwchon 2040779 Page 22 Text of the Ralph M, Brown AC1 convened legislative body verbally announces. prior to convening any simultaneous or serial order meeting of that subsequent legislative body, the amount of compensation or stipend. if any, that each member will be entitled to receive as o result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided os a result of convening a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency. (b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by o member in the performance of the member's official duties. including, but not limited to. reimbursement of expenses relating to travel. meals, and lodging_ Section 54952.6. "Action taken" As used in this chapter, "action taken" means o collective decision made by o majority of the members of a legislative body. a collective commitment or promise by a majority of the members of o legislative body to make a positive ora negative decision, or an actual vote by o majority of the members of a legislative body when sitting as o body or entity, upon a motion, proposal, resolution, order or ordinance. Section 549527. Copy of chapter A legislative body of a local agency may require that a Copy of this chapter be given to each member of the legislotive body and any person elected to serve as a member- of emberof the legislative body who has not assumed the duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. Section 54953. Requirement that meetings be open and public; Teleconferencing; Teleconference meetings by health authorHy (a) All meetings of the legislative body of a local agency shall be open and public. and all persons shall be permitted to attend any meeting of the legislative body of 0 local agency. except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of low relating to a specific type of meeting or proceeding_ (2) Teleconferencing. as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction 01 the legislative body_ All votes taken during a teleconferenced meeting shall be by rollcall. Ralph M. Brawn ACt 0 2017 Richarcts. Watson & Gershon 2040779 POge 23 Text cit the ROlph M Brown Act (3) It the legislative body of a local agency elects to use teleconferencing. it shall post agendas at all teleconference locations and conduct teleconference meetings in o manner that protects the statutory and constitutional rights of the parties ar the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public, During the teleconference. at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subcfivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body. the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot. whether preliminary or final. (2) The legislative body of a Tocol agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of o recommendation for a final oction on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive. as defined in subdivision (d) of Section 351 1.1, during the open meeting in which the final action is to be token. This paragraph shall not affect the public's right under the Cdlornia Public Records Act (Chapter 3,5 (commencing with Section 62501 of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (I) Notwithstanding the provisions relating to o quorum in paragraph (3) of subdivision (b), when a health authority conducts o teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides o teleconference number. and associated access codes, if any, that allows any person to call in to participate in the meeting and that number and access codes are identified in the notice and agenda of the meeting, (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at o common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which o quorum is Ralph M. Brown Act C 2017 R%chords. Watson & Gershon 2040779 P,ge :a Text at the Ro h M. brown Act established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision. a health authority means any entity created pursuant to Sections 14018.7. 14087.31, 14087.35. 14087.36. 14087.38, and 14087.9605 of the welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the welfare and Institutions Code. and any advisory committee to o county sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (4) This subdivision shall remain in effect only unti January 1, 2018. Section 54953.1. Grand jury testimony The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before o grand jury, either as individuals or as a body. Section 54953.2. Meetings to conform 10 Americans with Disabilities Act All meetings of a legislative body of a local agency that are open and public shill meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C, Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Section 54953.3. Registration of attendance A member of the public shill not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. 11 an attendance list, register, questionnaire, or other simiar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document. Section 54953.5. Recording proceedings (aj Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a stil or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. Ralph M. Brown Act p 2017 Richards. wotson t Gershon 2040779 Poge 25 Text of the Ralph M. grown Act (b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant 10 the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shill be provided without charge on equipment mode avaioble by the local agency. Section 54953.6. Restrictions on broadcasts of proceedings No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and public meetings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination. or obstruction of view that would constitute a persistent disruption of the proceedings. Section 54953.7. Access to meetings beyond minimal standards Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of o local agency may impose such requirements on those appointed legislative bodies of the loco agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. Section 54954. Rules for conduct of business: Time and place of meetings (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance. resolution, bylaws. or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees. for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shalt be held within the boundaries of the territory over which the local agency exercises jurisdiction. except to do any of the following: (1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party. (2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real of personal property. (3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency's jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one Ralph M. Brown Act 0 2017 Richards. wotson & Gershon 2040779 Doge 26 1�I o1 the Ralph M. &own Act of the participating local agencies and be noticed by all participating agencies as provided for in this chapter. (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is locoted outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the Iocd agency and over which the federal or state officials have jurisdiction. (6) Meet outside Mei immediate jurisdiction if the meeting Cokes place in or nearby a facaity owned by the agency, provided that the topic of the meeting is limited to items directly related to the faciiy. (7) Visit the office of the local agency's legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs, (c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdivision (b), or to do any of the following: (1) Attend a conference on nonodversorial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees' potential employment of an applicant for the position of the superintendent of the district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If. by reason of fire, flood, earthquake. or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. Section 54454.1. Request for notice; Renewal; Fee Any person may request that a copy of the agenda, or a copy of an the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. If requested, the agenda and documents in the agenda pocket shall be Rdph M. Brown Act O 2017 R,chord1. Ovation d Connor 2040779 Poge 27 Teat of the Ralph M. brown Act made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the written request. the legislative body or its designee shall cause the requested materials to be mated at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or o majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for moiing the agenda or agenda packetwhich fee shall not exceed the cost of providing the service. Foiture of the requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation of the actions of the legislative body taken al the meeting for which the agenda or agenda packet was not received. Section 54954.2. Posting of agenda; Actions not on agenda (a) (I) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shad post an agenda containing ❑ brief general description of each item of business to be transacted or discussed at the meeting. including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in o location that is freely accessible to members of the public and on the local agency's Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability. as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shill include information regarding how, to whom, and when a request for disability -related modification or accommodation, including auxiliary aids or services, may be mode by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city. county, city and county, special district, school district, or political subdivision established by the stale that has an Internet Web site, the following provisions shall apply: (AJ An online posting of an agenda shall be posted on the primary Internet Web site homepage of o city, county. city and county. special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct Zink to the agenda shall not be in o contextual menu: however, a link in addition to the direct Zink to the agenda may be accessible through a contextual menu. (III An online posting of an agenda including. but not limited to, on agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements: Ralph M. Brawn Act C 2017 Richoris. Wasson & Gershon 2540779 Page 28 Telt oI the Ralph M Brown AC$ (i) Retrievable. downloadable, indexable, and electronically searchable by commonly used Internet search applications. (ii) Platform independent and machine readable. (iii) Available to the public tree of charge and without any restriction that would impede the reuse or redistribution of the agenda. (C) A legislative body of a city, county, city and county, special district, school district. or political subdivision established by the state that has on Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: (1) A direct Zink to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city. county, city and county, special district, school district, or political subdivision established by the state. The direct Zink to the integrated agenda management platform shad not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform. the direct Zink shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district. school district, or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city. county. city and county. special district. school district, or political subdivision established by the state for all meetings occurring on or after January 1, 201 9. (II The current agenda of the legislative body of a city, county, city and county, special district. school district, or political subdivision established by the state shall be the first agenda avoiloble at the top of the integrated agenda management platform. (iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B)• (D) For the purposes of this paragraph, both of the fallowing definitions shall apply: (i) "Integrated agenda management platform" means an Internet Web site of a city, county, city and county. special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county. city and county, special district, school district. or political subdivision established by the state to the public. (ii) "Legislative body" has the same meaning as that term is used in subdivision (a) of Section 54952. Ralph M. 8n Act CD 2017 R chortls. Watson & Gershon 2040779 Page 29 Tex of the Ralph M. Brown Act (E) The provisions of this paragraph shall not apply 10 a political subdivision of o Tocol agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state. (3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore. a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body. may provide a reference to staff or other resources for tactual information, request staff to report back to the body at o subsequent meeting concerning any motter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vole of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if Tess than two-thirds of the members are present. o unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for o prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item. and at the prior meeting the item was continued to the meeting at which action is being token. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (d) For purposes of subdivision (a). the requirement that the agenda be posted on the local agency's Internet web site. if the local agency has one, shall only apply to a legislative body that meets either of ttie following standards: ( I ) A legislative body as that term is defined by subdivision (o) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also Ralph M. Brown Act C 2017 Richards. wotson & Gershon 2040779 Page 3C Text or the Ralph M. Brown Act members of a legislative body as that term is defined by subdivision (a) of Section 54952. Section 54954.3. Public testimony at regular meetings (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided ►hat no action shill be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954,2. However. the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein a1 interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for o special meeting shall provide an opportunity tor members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to. regulations limiting the total amount ot time allocated for public testimony on particular issues and for each individual speaker. (2) Notwithstanding paragraph ( I ), when the legislative body of a Tocol agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the some opportunity to directly address the legislative body of a focal agency. (3) Paragraph (2) shall not opply if the legislative body of a locd agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. (c) The legislative body of o local agency shall not prohibit public criticism of the policies, procedures. programs, or services of the ogency. or of the acts or omissions Of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. Section 54954.4. Legislative findings and declarations relating to reimbursements; Legislative intent: Review of claims (a) The Legislature hereby finds and declares that Section 12 ot Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and school districts for Costs mandated by the state pursuant to that act. shall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs which are Ralph M. Brown Act C 2417 Richards. WOISOn 3. Gershon 3044779 Page 31 Text of the Ralph M. Brown Act clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986. (b) In this regard, the Legislature directs all slate employees and officials involved in reviewing or authorizing claims for reimbursement, or otherwise participating in the reimbursement process. to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For purposes of Section 54954.2. costs eligible for reimbursement shall only include the actual cost to post o single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete. faithful. and uninterrupted compliance with the Ralph M. &own Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is o matter of overriding public importance. Unless specifically stated, no future Budget Act. or related budget enactments. shall, in any manner. be interpreted to suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete. faithful. and uninterrupted manner. Section 54954.5. Description of closed session items For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shdl be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address. the parcel number or other unique reference. of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced of an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Ralph M. &own Act C 7017 Richards walson i Gershon 2040779 Page 32 Text 01 the R01ph M. Brown Aft Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: (Specify by reference to claimant's name, names of parties. case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopard¢e service of process or existing settlement negotiations) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5). inclusive, of subdivision (e) of Section 54956.9) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (el With respect to every item of business to be discussed in closed session pursuant to Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer. or name of applicable agency representative and title) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position to be filled) Ralph M. Brown ACt O 2017 Rocs -lords Watson 6 Gershon 2040779 Page 33 Teo of the Ralph M. Brown Act PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (1) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: (g) CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances necessitate the absence of a specified designated representotive, on agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee_ (Specify position title of unrepresented employee who is the subject of the negotiations) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion wil concern proposed new service, program. or facility) Ralph M. Brown ACt 0 2017 Richards wo tson & Gershon 2040779 Page 31 TOjur of the Roph M. Broom Acl Estimated date of public disclosure: (Specify month and year) HEARINGS Subject matter: (Specify whether testimony/deliberation wlll concern staff privileges, report of medical audit committee, or report of quality assurance committee) (i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with o closed session to discuss o charge or complaint pursuant to Section 54956.86.) (j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96: CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency) Name of local agency representative on joint powers agency board: [Specify name: (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives.) {k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75: AUDIT BY CALIFORNIA STATE AUDITOR'S OFFICE Section 54954.6. Public meeting on general tax or assessment: Notice (a) (1) Betore adopting any new or increased general tax or any new or increased assessment, the legislative body oto local agency shall conduct at least one public meeting at which local officials shall allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment. For purposes of this section, the term 'new or increased assessment" does not include any of the following: (A) A fee that does not exceed the reasonable cost of providing the services. faclifies, or regulatory activity for which the fee is charged_ Ralph M. Brown ACt C 2017 sticharcts warson a Gershon 2010779 Page 35 Text of the Ralph M Brown Act (13) A service charge. rate, or charge, unless a special districts principal act requires the service charge. rate. or charge to conform to the requirements a1 this section. (C) An ongoing annual assessment if it is imposed al the same or lower amount as any previous year. (D) An assessment that does not exceed on assessment formula or range of assessments previously specified in the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously adopted by the agency or approved by the voters in the area where the assessment is imposed. (E) Standby or immediate availability charges. (2) The legislative body shall provide of least 45 days' public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing. but the meeting shill occur prior to the hearing. (b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of of least one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Notwithstanding paragraph (2) of subdivision (o). the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the dote on which it is filed unless o renewal request is filed. Renewal requests for mated notices shall be fled on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (2) The notice required by paragraph (1) of not be limited to. the following: (A) The amount or rate of the lax. increased from any previous year. the joint notice existing tax rate and the proposed tax rate increase. (B) The activity to be taxed. this subdivision shall include, but If the tax is proposed to be shall separately state both the (C) The estimated amount of revenue to be raised by the tax annually. Ralph Mt_ Brown Act 0 2017 Richards Warson & Gershon 2040779 Page 36 Text o1 Me Row, M. Brown Act (D) The method and frequency tor collecting the tax. (E) The dates, times. and locations of the public meeting and hearing described in subdivision {a). (F) The telephone number and address of an individual. office. or organization that interested persons may contact to receive additional information about the tax. (c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property or businesses shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days atter the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days atter the public meeting pursuant to this subdivision. The envelope or the cover of the moiling shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10 -point type and shall be given to 011 property owners or business owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roll, the State Board of Equalization assessment roll, or the local agency's records pertaining to business ownership, as the case may be. (2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following (A) In the case of an assessment proposed to be levied on property, the estimated amount of the assessment per parcel. In the case of on assessment proposed to be levied on businesses, the proposed method and basis of levying the assessment in sufficient detail to aUow each business owner to calculate the amount of assessment to be levied against each business. If the assessment is proposed to be increased from any previous year. the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase. (B) A general description of the purpose or improvements that the assessment will fund. (C) The address to which property owners may mai a protest against the assessment, (D) The telephone number and address of an individual. office. or organization that interested persons may contact to receive additional information about the ossessment, (E) A statement that a majority protest will cause the assessment to be abandoned if the assessment oct used to levy the assessment so provides. Notice shall also state the percentage of protests required to trigger an election. if applicable. Ralph M. Brown Act 4 2017 R%chords. Watson & Gershon 2040779 Page 37 Text of the Ralph M. Brown Act (F) The dates, times, and locations of the public meeting and hearing described in subdivision (a). (G) A proposed assessment formula or range as described in subparagraph (D) of paragraph ( I ) of subdivision (a) if applicable and that is noticed pursuant to this section. (3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and maintenance expenses imposed throughout the entire local agency. or exclusively for operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant io this subdivision or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of various types, amounts, or uses of property and the information required by subparagraphs (B) to (G), inclusive. of paragraph (2) of subdivision (c). {4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional pork district, regional pork and open -space district, or regional open -space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code. notice may be provided pursuant to paragraph (I) of subdivision (b). Id) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of low, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decisionmaking process. (e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the fallowing: (1) The property owners subject to the assessment. (2) The voters within the local agency imposing the tax or assessment. (f) Nothing in this section shall prohibit o local agency from holding O consolidated meeting or hearing a1 which the legislative body discusses multiple tax or assessment proposals. (g) The Tocol agency may recover the reasonable costs of public meetings. public hearings, and notice required by this section from the proceeds of the tax or assessment, The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public heorings, and notice. (h) Any new or increased assessment that is subject to the notice and hearing provisions of Article XIII C or XIII D of the California Constitution is not subject to the notice and hearing requirements of this section. Ralph M. &own Act 0 2017 Richards. wonon & Gershon 2010774 Poge 38 Text of the Ralph M. Brown Act Section 54955. Adjournment of meetings The legislative body of a local agency may adjourn any regular. adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section. the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fads to state the hour at which the adjourned meeting is to be held. it shall be held at the hour specified for regular meetings by ordinance. resolution, bylaw, or other rule. Section 54955.1. Continuance of hearing Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the some extent set forth in Section 54955 for the adjournment of meetings: provided. that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or mode. Section 54954. Special meetings; call; notice; meetings regarding local agency executive salaries, salary schedules. or compensation in form of fringe benefits: posting on Internet Web site (a) A special meeting may be called at any time by the presiding officer of the legislative body of a Tocol agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting ❑ notice on the local agency's Internet Web site, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes fees with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Ralph M. Brawn Act G 2017 Richards Kofson & Gershor 2040779 Page 39 Text of the Ropn M Brown Act The call and notice shall be posted al least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. (b) Notwithstanding any other law. a legislative body shall not call a special meeting regarding the salaries. salary schedules. or compensation paid in the form of fringe benefits, of o local agency executive. as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a Tocol agency calling a special meeting to discuss the local agency's budget. (c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one. shall only apply to a legislative body that meets either of the following standards: (1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952. if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. Section 54956.5. Emergency meetings: Notice (a) For purposes of this section, "emergency situation" means both of the following: (1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety. or both. as determined by a majority of the members of the legislative body. 2) A dire emergency, which shall be defined as a crippling disaster. mass destruction. terrorist act. or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety. or both. as determined by a majority of the members of the legislative body. (b) (1) Subject to paragraph (2). in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public fociities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements. (2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body. or designee thereof. one hour prior to the emergency meeting. or. in the case of a dire emergency. at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. This notice shall be given by telephone and all telephone numbers provided in the most recent request of o newspaper or station for notification Ralph M. Brawn Act 0 2017 Richoros. Wo Kori 8. Gennon 2040779 Pnge u:• text 01 the Roth M. brown At' of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this Section shall be deemed waived. and the legislative body, or designee of the legislative body, shdl notify those newspapers. radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. (c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 it agreed to by a two-thirds vote of the members of the legislative body present. or. if Tess than two-thirds of the members are present, by a unanimous vote of the members present. (d) All special meeting requirements. a5 prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24- hour notice requirement. (e) the minutes of a meeting called pursuant to this section. a list of persons who the presiding officer of the legislative body, or designee of the legislative body. notified or attempted to notify, a copy of the rollcall vote. and any actions token at the meeting shall be posted for a minimum of 10 days in a public place as soon atter the meeting as possible. Section 54956.6, Fees No fees may be charged by the legislative body of a Tocol agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. Section 54956.7. Closed sessions regarding application from person wfth criminal record Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for o license or license renewal, who has a criminal record. is sufficiently rehablitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines. as o result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application, If the applicant withdraws the application, no record shdl be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shill be confidential_ If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license. Ralph M. [crown Act IS 2017 Richords. woken 8 Gershon 2040779 Page 41 Trot oI the Robe M &own Act Section 54956.75. Closed session for response to final draft audit report (o) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency that has received a confidential find draft audit report from the Bureau of State Audits from holding closed sessions to discuss its response to that report. (b) After the public release of an audit report by the Bureau of State Audits. if a legislative body of o Tocol agency meets to discuss the audit report. it shall do so in an open session unless exempted from that requirement by some other provision of law. Section 54956.8. Closed sessions regarding real property negotiations Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange. or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale. exchange. or lease. However. prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or red properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate. For purposes of this section. negotiators may be members of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shalt preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. Section 54956.81. Closed sessions regarding purchase or sale of pension fund investments Notwithstanding any other provision of this chapter. a legislative body of a local agency that invests pension funds may hold a closed session to consider the purchase or sale of particular, specific pension fund investments. All investment transaction decisions made during the dosed session shall be made by roilcall vote entered into the minutes of the closed session as provided in subdivision (o) Of Section 54957.2. Section 54956.86. Closed session for heatth plan member Notwithstanding any other provision of this chapter. a legislative body of a local agency which provides services pursuant to Section 14087.3 of the welfare and Institutions Code may hold a closed session to hear a charge or complaint from a member enrolled in its health plan if the member does not wish to have his or her name, medical status. or other information that is protected by federal law publicly desclosed. Prior to holding a closed session pursuant to this section, the legislative body shall inform the member, in writing. of his or her right to have the charge or complaint heard in an open session rather than a closed session. Ralph M. Brawn Act C 2017 R`chards. Watson & Gershon 2040779 Page 42 Text 01 me Rapn M. Brawn Act Section 54956.87. Disclosure al records and Information: Meetings in closed session (o) Notwithstanding any other provision of this chapter, the records of a health pion that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records. records maintained in the management information system, or records in any other form, that relate to provider rate or payment determinations. allocation or distribution methodologies tor provider payments, formulas or calculations for these payments, and contract negotiations with providers of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. (b) Notwithstanding any other provision of low, the governing board of a health pian that is licensed pursuant to the Knox -Keene Health Core Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by o county board of supervisors may order thot a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held in closed session. The requirements of making a public report of action taken in closed session, and the vote or abstention of every member present. may be limited to a brief general description without the information constituting the trade secret. (c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to consider and lake action on matters pertaining to contracts and contract negotiations by the health plan with providers of health care services concerning all matters related to rates of payment. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request. (d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by low. (e) The provisions of this section shall not prevent access to any records by the Joint legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Deportment of Corporations in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code. (f) For purposes of this section, "health plan trade secret" means a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that also meets both of the following criteria: Ralph M. Brown Act C 2011 Richorris via non d Gershon 2040774 Page 43 Text of the ROlph M Brown 41,cI (1) The secrecy of the information is necessary for the health plan to initiate a new service, program. marketing strategy, business plan, or technology. or to odd ❑ benefit or product. (2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a substantial economic benefit or opportunity. Section 54956.9. Closed sessions concerning pending Ilfigation; lawyer-cNenf privilege (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. (b) For purposes of this chapter, all expressions of the lawyer -client privilege other than those provided in this Section are hereby abrogated. This Section is the exclusive expression of the lawyer -client privilege for purposes of conducting closed -session meetings pursuant to this chapter. (c) For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent domain, before a court. administrative body exercising its adjudicatory authority, hearing officer. or arbitrator, (d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: (1) litigation, to which the local agency is a partyhas been initiated formally. (2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel. based on existing facts and circumstances. there is a significant exposure to litigation against the local agency. (3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (2). (4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. (e) For purposes of paragraphs (2) and (3) of subdivision (d). "existing facts and circumstances" shall consist only of one of the following: (1) Facts and circumstances that might result in litigation against the local agency but which the local agency believes ore not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. Ralph M. Sawn Act 2017 ANC/se es Watson & Gershon 2040779 Poge u Text of Iha Ralph M. Brown AcI 12) Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation. which claim or communication shall be avaiable for public inspection pursuant to Section 54957.5. (4) A statement made by a person in on open and public meeting threatening litigation on a specific matter within the responsibiity of the legislative body. (5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be avaiable for public inspection pursuant to Section 54957.5. The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identity a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based. unless the identity of the person has been publicly disclosed. (1) Nothing in this Section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (h) A local agency shall be considered to be a "party" or to have a "significant exposure to litigation" if an officer or employee of the locd agency is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of thot office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. Ralph M. Brown Act O 2017 Richards. wolson & Gershon 2040779 Page &. Text of the Roipn M Brown Act Section 54956.95. Closed sessions regarding liability (a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) 01 Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency member of the joint powers agency, from holding o closed session to discuss a claim for the payment of tort liability losses, public Iiabdity losses, or workers' compensation liabiity incurred by the joint powers agency or a local agency mernber of the joint powers agency. (b) Nothing in this chapter shill be construed to prevent the Local Agency Self - Insurance Authority formed pursuant to Chapter 53 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session 10 discuss a claim for the payment of tort liabiity losses, public liability losses, or workers' compensation Iiabiity incurred by the authority or a local agency member of the authority. (c) Nothing in this section shill be construed to affect Section 54956.9 with respect to any other local agency. Section 54956.96. Disclosure of specified information In closed session of Joint powers agency: Authorization of designated alternate to attend dosed session; Closed session of legislative body of local agency member (a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title I , from adopting a policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following: (1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a mernber local agency may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals: (A) Legal counsel of that member local agency for purposes of obtaining advice on whether the matter has direct finoncial or liability implications for that member loco agency. (8) Other members of the legislative body of the local agency present in a closed session of that member local agency. (2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member's regularly appointed member to attend closed sessions of the joint powers agency. Ralph M. Brown ACt 0 2017 Ricnords. wotson a German 2010779 Page 46 lex! 01 the Ralph M. Brown ACt (b) If the legislative body of a joint powers ogency adopts a policy Or bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a), then the legislative body of the local agency member. upon the odvice of its legal counsel, may conduct a closed session in order to receive. discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a). Section 5457. Closed session regarding public security, facilities, employees, examination of witness (a) This chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of public buidings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service. or a threat to the public's right of access to public services or public facilities. (bJ (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislatve body of o local agency from holding closed sessions during o regular or special meeting to consider the appointment, employment. evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought ogainst the employee by another person or employee unless the employee requests a public session. (2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee. the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mai at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other oction token by the legislative body against the employee based on the specific complaints or chorges in the closed session shall be null and void. (3) The legislative body also may exclude from the public or closed meeting. during the examination of a witness. any or all other witnesses in the matter being investigated by the legislative body. (4) For the purposes of this subdivision. the term "employee" shall include an officer or an independent contractor who functions ops an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. This subdivision shall not limit local officials' ()bitty to hold closed session meetings pursuant to Sections 1461. 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. Ralph M. Brown Act C 2017 %chards. warbon R Gershon 2040779 Page 4' Text of the Ralph M. Brown ACI Section 54957.1. Public report of action taken In closed session; Form; Availability; Actions for injury to interests (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows: ( I) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is find. as follows: (A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. (B) I1 final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person. as soon as the other party or its agent hos informed the local agency of its approval_ (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief. or lo enter as on amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the dosed session is held. The report shall identity, if known. the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shill specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. 13) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final. as follows: (A) It the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held. (B) It rind approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final. and upon inquiry by any person, the local agency shall disclose the tact of that approval, and identity the substance of the agreement, (4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported os soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance Ralph M, &own Act 2017 Richards. Nonor & Gershon 2040779 Page 48 Text of the RoCh M Brown Act of the claim. and any monetary amount opproved for poyment and agreed upon by the claimant. (5) Action taken to appoint. employ. dismiss. accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identity the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any. (6) Approval of on agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identity the item approved and the other party or parties to the negotiotion. (7) Pension fund investment transaction decisions made pursuant to Section 54956.81 sholl be disclosed at the first open meeting of the legislative body held after the earlier of the dose of the investment transaction or the transfer of pension fund assets for the investment transaction. (b) Reports that are required to be made pursuant to this Section may be made orally or in writing. The legislative body shall provide to any person who hos submitted a written request to the legislative body within 24 hours of the posting of the agenda. or to any person who has mode a standing request for all documentation as port of a request for notice of meetings pursuant to Section 54954.1 or 54956. if the requester is present at the time the closed session ends. copies of any contracts. settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released unti the retyping is completed during normal business hoursprovided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. (c) The documentation referred to in subdivision (b) shall be avaiable to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete. (d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval. (e) No action for injury to a reputational, liberty. or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section. (f) This Section is necessary to implement, and reasonably within the scope of. paragraph (I ) of subdivision (b) of Section 3 of Article I of the California Constitution. Ralph M. Brawn Act 2017 Richards. watts & Gershon 2040779 Pope 49 Text of the Ralph M Brown Act Section 54957.2. Minute book for closed sessions (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not o public record subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). and shall be kept confidential. The minute book shall be available only to members of the legislative body or. if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may. but need not, consist of a recording of the closed session. (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). Section 54957.5. Agendas and other writings as public records (a) Notwithstanding Section 6255 or any other law. agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at an open meeting of the body. are disclosable public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shalt be made available upon request without delay. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6254, 6254.3. 6254.7, 6254.15, 6254.16, 6254.22, or 6254.26. (b) (1) If a writing that is a public record under subdivision (a) . and that relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency. is distributed less than 72 hours prior to that meeting, the writing shall be made available tor public inspection pursuant to poragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body. (2) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. Each local agency shall list the address of this office or location on the agendas for all meetings of the legislative body of that agency. The local agency also may post the writing on the local agency's Internet Web site in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. (3) This subdivision shall become operative on July 1, 2008. (c) Writings that are public records under subdivision (a) and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting Ralph M. Brown Act 02017 Richords. wotson & Gershon 2040779 Page 50 Text Of the Rape M &Own ACt if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability. as required by Section 202 of the Americans with Disabilities Acl of 1990 (42 U.S.C. Sec. 12132). and the federal rules and regulations adopted in implementation thereof, (d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6253. except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (e) This section shall not be construed to limit or delay the public's right 10 inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I ). This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. Section 54957.6. Closed sessions regarding employee matters (o) Notwithstanding any other provision of law. a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However. prior to the dosed session, the legislative body of the local agency shdl hold an open and public session in which it identifies its designated representatives. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives. Closed sessions, cis permitted in this section. may take place prior to and during consultations and discussions with representatives of employee organ¢ations and unrepresented employees. Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate lo providing instructions to the local agency's designated representative. Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees. For the purposes enumerated in this section. a legislative body of a local agency may also meet with o state conciliator who has intervened in the proceedings. Ralph M. &awn Act O 2017 Richards. Watson & Gershon ?040779 Page 51 Text 01 the Ralph M Brown Act (b) For the purposes of this section. the term "employee" shall include on officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. Section 54957.7. Disclosure of Items to be discussed cit closed session (a) Prior to holding any closed session. the legislative body of the local agency shill disclose. in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session. the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize o disclosure of information prohibited by state or federal Iaw. (b) After ony closed session. the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session. (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements. Section 54957.8. Closed sessions of mulfijurisdictional drug law enforcement agencies (a) For purposes of this section. "multijurisdictional law enforcement agency" means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title I that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs: gangs: sex crimes: firearms trafficking or felony possession of a firearm; high technology. computer. or identity theft: human trafficking: or vehicle theft. (b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law entorcement agency. or an advisory body of a multijurisdictional low enforcement ogency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation. and to discuss courses of action in particular cases. Section 54957.9. Auihorhatiort to clear room where meeting willfully Interrupted; Readmission In the event that any meeting is wilfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are wilfully interrupting the meeting. the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be Ralph M. Brown Act 0 2017 RichvOs. watson & Gersnor 2040779 Poge 52 Teo of the Ralph M. BrOwn AGI considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting, Section 54957.10. Closed sessions regarding application for early withdrawal of deferred compensation plan funds Notwithstanding ony other provision of low, a legislative body of a local agency may hold closed sessions to discuss a local agency employee's application for early withdrawal of funds in a deferred compensation plan when the application is based on financial hardship arising from an unforeseeable emergency due to ilness. accident, casualty. or other extraordinary event. as specified in the deferred compensation plan. Section 54958. Application of chapter The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law. Soctlon 54959. Criminal penalty for violation of chapter Each member of a legislative body who attends o meeting of that legislative body where action is token in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter. is guilty of a misdemeanor. Section 54960. Proceeding to prevent violation of chapter, Recording closed sessions; Procedure for discovery of lopes (a) The district attorney or any interested person may commence an action by mandamus. injunction. or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future octions of the legislative body. or to determine the applicabiity of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided. (b) The court in its discretion may. upon a judgment of a violation of Section 54956.7. 54956.8. 54956.9. 54956.95, 54957. or 54957.6, order the legislotive body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate. (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. Ralph M. &Own Act O 2017 Richardswotson b Gentian 2040779 Page 53 Tert 01 the Raba M Btpwn Act (2) The audio recordings shall be subject to the following discovery procedures: (A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959. 54960. or 54960.1 alleging that a violation of this chapter has occurred in a dosed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civ11 Procedure. (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civ Procedure. all of the following: {i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording. (n) An affidavit that contains specific facts indicating that o violation of the act occurred in the closed session. (3) If the court. following a review of the motion. finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. (4) if, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter. the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding. (5) This Section shall not permit discovery of communications that are protected by the otfomey-client privilege. Section 51960.1. Proceeding to determine validity of action; Demand for correction (a) The district attorney or any interested person may commence an action by mandamus a injunction for the purpose of obtaining a judicial determination that an oction taken by o legislative body of a local agency in violation of Section 54953, 54954.2. 54954.5, 54954.6. 54956. or 54956.5 is null and void under this section. Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action challenged pursuant to this section. (b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make o demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953. 54954.2. 54954.5. 54954.6. 54956. or 54956.5. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation. Ralph M. Brown Act 0 2017 Richards wotson & Gershon 21140779 Page 54 Text of the Ralph M. Brown Act (c) 111 The written demand shdl be made within 90 days from the date the action was taken unless the action was token in an open session but in violation of Section 54954.2. in which case the written demand shall be made within 30 days from the date the action was taken. (2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. 13) If the legislative body takes no action within the 30 -day period. the inaction shall be deemed a decision not to cure or correct the challenged action. and the 15 -day period to commence the action described in subdivision (a) shall commence to run the day after the 30 -day period to cure or correct expires. (4) Within 15 days of receipt of the written notice of the legislative body's decision to cure or correct. or not to cure or correct, or within 15 days of the expiration of the 30 -day period to cure or correct, whichever is earlier. the demanding party shall be required ro commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action. (d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6. 54956, or 54956.5 shall not be determined to be null and void if any of the following conditions exist: (1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, 54956, and 54956.5. (2) The action token was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract. instrument, or agreement thereto. (3) The action taken gave rise to a contractual obligation. including o contract let by competitive bid other than compensation for services in the form of salary or fees for professional services. upon which a party has, in good faith and without notice of o challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (51 Any person. city, city and county. county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5. because of any defect. error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was token, 11 the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting al which the action was token if the meeting was noticed pursuant to Section 54956, or prior to the meeting at which the action was token if the meeting is held pursuant 10 Section 54956.5. Ralph M. Brawn Act +ti 2017 Richords. Wofson & Gershon 2040779 Page 5s Text of the Ralph. M. Brown Act (e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines. pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953. 54954.2. 54954.5, 54954.6, 54956, or 54956.5 has been cured or corrected by a subsequent action of the legislative body. the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (1) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. Section 54960.2 Proceeding to determine the applicability of chapter to past actions o1i legislative body; Conditions; Cease and desist letter (a) me district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met: ( I ) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary. to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation. (2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine months of the alleged violation. (3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c). 14) Within 60 days of receipt of the legislative body's response to the cease and desist letter, other than on unconditional commitment pursuant to subdivision (c). or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b). whichever is earlier. the party submitting the cease and desist letter shall commence the action pursuant to subdivision (o) of Section 54960 or thereafter be barred from commencing the action. (b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time atter the 30 -day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section. in accordance with Section 54960.5. (c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cense. desist from, and not repeat the past action Ralph M. Brown Act O 2017 R cords. wo tson d Gershon 2040779 Pine 5e. Text al the Ralph M. Brown Act that is alleged to violate this chapter. that response shall be in substantialty the following form: To The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: [Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)] In order to avoid unnecessary litigation and without admitting any violation of the Rdph M. Brown Act, the (name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above. The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as "Rescission of Brown Act Commitment." You MI be provided with written notice, sent by any means or media you provide in response to this message. to whatever address or addresses you specify. of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal oction pursuant to subdivision (a) of Section 54960 of the Government Code. That notice wil be delivered to you by the same means as this commitment. or may be mailed to an address that you have designated in writing. Very truly yours, [Chairperson or acting chairperson of the legislative body] (2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda. (31 An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the Legislative body hos provided an unconditiond commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a). if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision. the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body. Rdph M. Brown Act G 2017 Richotas. Watson b Gershon 2040779 Page 57 Ter, o, the Ralph M brown ACI (4) Except as provided in subdivision (d). the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter. (d) If the legislative body provides an unconditional commitment as set forth in subdivision (c). the legislative body shaft not thereafter take or engage in the challenged action described in the cease and desist letter. except as provided in subdivision (et. Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section, (e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as "Rescission of Brown Act Commitment," provided that not Tess than 30 days prior to such regular meeting. the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission. the district attorney or any interested person may commence an action pursuant 10 subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. Section 54960.5_ Costs and attorney fees A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960. 54960.1 or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally. when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (I) of subdivision (c) of that Section at any time after the 30 -day period for making such a commitment has expired, the court shall award court costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shill not become a personal liobiity of any public officer or employee of the local agency. A court may award court costs and reasonable attorney tees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevaled in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. Ralph M. Brown Act 2017 RH:nords. Watson & Gershon 20407'9 Page 58 Text of the Ralph M. Brown Act Section 54961. Meeting place with discriminatory admission policies; Identification of victim of sexual or child abuse (a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the admittance of any person. or persons, on the basis of ancestry or any characteristic listed or defined in Section 1 1135, or which is inaccessible to disabled persons. or where members of the public may not be present without making a payment or purchase. This section shall apply to every Tocol agency os defined in Section 5495I. (b) No notice, agenda, announcement, or report required under this chapter need identify any victim or alleged victim of tortious sexual conduct or chid abuse unless the identity of the person hos been publicly disclosed. Section 54962. Prohibition against closed sessions except as expressly authorized Except as expressly authorized by this chapter, or by Sections 1461. 1462, 32106, and 32155 of the Health and Safety Code. or by Sections 37606, 37606.1. and 37624.3 of the Government Code as they apply to hospitals. or by any provision of the Education Code pertaining to school districts and community college districts. no closed session may be held by any legislative body of any local agency. Section 54963. Disclosure of confidential information acquired in closed session prohibited; Disciplinary action for violation (al A person may not disclose confidential information thal has been acquired by being present in a closed session authorized by Section 54956.7, 54956.8. 54956.86. 54956.87. 54956.9. 54957. 54957.6, 54957.8. or 54957,10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information. (b) For purposes of this section, "confidential information" means a communication mode in a closed session that is specifically related lo the basis for the legislative body Of a local agency to meet lawfully in closed session under this chapter. (c) Violation of this section may be addressed by the use of such remedies as are Currently avoioble by law, including, but not limited t0: (1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section. (2) Disciplinary action against an employee who hos willfully disclosed confidential information in violation of this section. (3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury. Ralph M. Brown Act 22017 Richards. Watson & Gershon 2040779 Page 59 text of the Ralph M. grown Act (d) Disciplinary action pursuant 10 paragraph (2) of subdivision (c) shalt require that the employee in question hos either received training as to the requirements of this Section or otherwise has been given notice of the requirements of this section. (e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed o violation of this section. for doing any of the following_ (1) Making o confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential ilegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by 0 legislative body of a local agency. (2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session. including disclosure of the nature and extent of the ilegal or potentially ilegal action. (3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential information. (1) Nothing in this Section shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1 102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code. Ralph M. Brown Act C 2017 Rhchwds, wo+son a Gershon 2040779 Pogo 60 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About vvotk,�g searr-lessly across offices in Los Angeles San Francisco. Orange County Temecula. and the Central Coast our dedicated team of experts provides the hull -scope of public Jaw services. We are the lawyers of choice for cients who seek reliable. efficient, and effective legal counsel Richards. Watson & Gershon serves as city/town attorney special counsel and general counsel to cients of an sizes and demographics Our attorneys are proficient in areas of law only found in 0 firm with substantial experience in pubic agency representationlocal governments count on us for help with their most complex problems SpeclaIlles Include: Administrative l.aw Brown Act CEQA Coastal Ai 1 Coote Entorcentent Conflicts 01 Interest Elections Eminent Domain IMcxmation tecnnr, Inverse COndernnatinn labor a Err . oyrnent and Use & P1onnv g itiynrion Police Prrx rices Ftedevelopment P, •r Finance P!;1, RecordsAC Public Works Real Estate Subdvisions & toning Tares b Assessments Telecommunications Trier b Appellate Law waste management water law www.lwtrglaw com SECTION 9 1 Public Records Act o HANDBOOK NSummary of the Major Provisions and Requirements of the Public Records Act and Related Topics Electronic Records Text of the Public Records Act Updated including changes effective January 1, 2017 Table of Contents INTRODUCTION PART ONE. COMPUANCE WITH THE PUBLIC RECORDS ACT WHAT IS THE PUBLIC RECORDS ACT? .2 II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THE °UBUC? 3 lu. S THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT? ._.�,,,.............,,4 IV. TO WHICH LOCAL AGENCIES DOES THE PUBUC RECORDS ACT APPLY? 4 V. WHAT ARE "PUBLIC RECORDS?" .4 VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST? b VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBUC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE? 7 WI. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY? 7 IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT? 8 X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST? 24 XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT? 28 XII. CONCLUSION 28 PART TWO. ELECTRONIC RECORDS 29 EMAIL.................................»32 N. DOCUMENTS CREATED USING WORD PROCESSORS. GIS AND OTHER SOFTWARE 45 1!. CITY WEBSITES 53 IV. CONCLUSIONS 67 PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT 70 Pubic Recalls Act 2017 Richards. Watson & Gershon 2049629 Pops Article 1 - General Provisions California Government Code Sections 6250-6270.. .......71 Article 2 - Other Exemptions from Disclosure Calfomia Government Code Sections 6275-6276.48 126 Pubic Records ACl Q 2017 Richards. *arson & Gershon 2049629 Page is Introduction This Handbook, designed for City officials and staff, provides a summary of the major provisions of California's Public Records Act and related topics. Part One of the Handbook summarizes the basic provisions of the Public Records Act, including documents that are exempt from disclosure and the proper procedure for complying with the Act. Part Two highlights the unique issues raised by electronic records. Part Three contains the complete text of the Public Records Act. We hope you find this Handbook useful. Should you hove any questions about the information included in this Handbook, please do not hesitate to contact our office. Public Records Act 0 2017 Richards. wo Kor+ & Grsnor 2049629 Pogo .p PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT Pubic Records Act O 2017 Rchords. Wo►son & Gershon 2049629 Pon Ons: Complance w‘1h the PL,bta Records Act COMPLIANCE WITH THE PUBLIC RECORDS ACT: KEY QUESTIONS AND ANSWERS The people have The right of access to information concerning the conduct of the people's business, and. therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. CAL. CONST. ARI. I. § 3(ej. In enacting this chapter, The Legislature, mindful of The right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in This state. Gov't CODE § 6250. California's Public Records Act is a key part of the philosophy that government at all levels in this State must be open and accessible to all.' Under the Public Records Act. a local government agency must disclose virtually any public document: only a statutory exemption or a need for confidentiality that clearly outweighs the public's right to occess will legally justify withholding a public document. The purpose of this Handbook is to provide a general overview of the Public Records Act and recent amendments to it, along with a general road map for compliance. This Handbook addresses the questions most frequently asked of us by our local government clients. I. WHAT IS THE PUBLIC RECORDS ACT? The Public Records Act is California statute that affords the public the right to inspect, and obtain o copy of, most of the information retained by State and local agencies in the course of business. The Public Records Act regulates the public's access to records and sets out the specific statutory circumstances under which particular records need not be disclosed. The Public Records Act states that public records are open to inspection at all times during the office hours of a local agency.' ' Rogers v Supenor Ct ICay of Burba'*L 19 Cal. App 4th 469 (2 Dost. 1993). 7 Gov't Cooe § 6233(o) Pubic Records Act 0 2017 Rlchon:1s. watson & Gershon 2049629 Page 2 Port One: Compfonce with the Pubic Records Act The Colifomia Constitution also guarantees that public records are open to public scrutiny.) It provides that a law. such as the Public Records Act, should be "broadly construed" if it furthers the people's right of access to public records, and "narrowly construed" if it limits the right of access. II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THE PUBLIC? Under the Public Records Act, every person has the right to inspect and to obtain a copy of any identifiable public record.4 It is irrelevant whether the person making the Public Records Act request already has possession of the public records requested.s The term "person" includes individuals, and various types of business entities.6 A "person" need not be a citizen of California or of the United States to make use of the Public Records Acta A local agency must supply an exact copy of the record on request, unless it is "impracticable" to make an exact copy.) The word "impracticable" in the Public Records Act does not necessarily refer to situations where a copying request would be "inconvenient" or time consuming to the agency. Rather, the term "impracticable" modifies the requirement that the agency provide an "exact" copy. If a requested document is subject to the Public Records Act, the agency must provide the best or most complete copy of that document reasonably possible.9 Any reasonably segregoble portion must be made available after deletion of any portion exempt from disclosure.,° The requirements of the Public Records Act are the minimum standards which must be met by local agencies. The Public Records Act specifically provides that agencies may adopt procedures to allow greater access to records, except where the law otherwise prohibits access. The person who is the subject of a particular record does not have a specific right under the Public Records Act to prevent disclosure of any particular 3 CAL CONS, at 1, § 3b1 4 Gov't Cods § 62534a1. 001. S The rnohve of the requester seeking pubic records a imcnotonot on individual °Veady n possession of requested documents may seek the documents so he a she mOy publicly ddtenxeole e►em v,Hhput tear 01 bObnty 1C, d -ng ser. Caidecor1 v Supergr Court. 243 Cot. App 41h 212 219 11 Det. 20151. Both cities and City attorneys have been deemed 'persons' under Ree Act. Los Angeles Unified School Dist. v. Superior Coot (City of Long eeoch), 151 COI. App 4th 759 (2 Dat 2007) thosding enol City. as weal as the City °homey were entitled to obtain records of school dislnct relating to school construction propct(. Gov '1 Coda § 6252(c). Connell v_ Superior Court fi+tersource. Inc.). 54 Col. App 4th 601 (3 Dist. 1997). e Gov't Code § 6253(b). • See Rosenthal v. Monsen 34 Coi. App. 3d 754 (3 Dat. 1973( (holding that under the former Section 6254. an agency need nol provide exact copies ,1 doing so would be improchcobee, but Mot thsl does no' excuse a pubic entity from producing tne records atoll), '0 Gov't Code § 62531a) ' 1 Gov't Code § 6253(el Pubic Records AC1 0 2017 Richards. Watson b Gershon 2049629 Page 3 Port One_ Complance with the Pubic Records Act record» Even in cases where the subject of a particular record has argued that disclosure would violate the individual right to privacy guaranteed by the California Constitution, disclosure has been compelled.' III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT? Persons who request access to public records frequently reference the Freedom of Information Act I"FOIA") as the basis for their request. The FOIA is a federal statute that does not apply to local government agencies. However. the Public Records Act was modeled after the FOIA, and we recommend that agencies respond to otherwise valid records requests even if the requester cites the FOIA instead of the Public Records Act.'+ IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACT APPLY? The Public Records Act applies to all local government agencies. Under the Public Records Act, a "local agency" includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; any board, commission or agency of any of these; and certain non-profit organizations of local agencies which are supported by public funds,14 V. WHAT ARE `PUBLIC RECORDS?" The Public Records Act defines "public records" as follows: 'Public records' includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. The term "writing" means: any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of 12 LAPD v SurrenarCoat (Chuck of SCientorogy). 65 Cal App 30 661. 668 (2 Oat. 1977). '3 Poway ii ea WI Dist v Supenor Cour (Copley Press). 62 Co'. App. 4th 1196 (1 Dist. 1998( T4 Site ACLU v. Deutrnejion. 32 Col 3d 440, 447 (1982) (Pubic Records Act modeled on FOIA. judicial construction and fag6+atfve history Of federol act illuminate the interpretation of in California counrerpart): Cody v Craig. 55 Cot App. 3d 773, 781 (31361. 19761 (noing the slrtupnty between the provmons of state and federal low1. 15 Gov't Cods ✓j 6252(a) Pubic Records Act O 21317 Richvds. wonon & Gershon 2049629 Page 4 Port One: Compbnce with fhe Pubic Records Act communication or representation, including letters. words, pictures, sounds, or symbols, or combinations hereof, and any record thereby created, regardless of •he manner in which the record has been stored.Ia These definitions encompass much more than written or printed documents. Public records include computer data, and an agency must provide computer records in any electronic format in which the agency holds the information. If a requester asks for the records in a particular format. the agency must provide the records in that format, provided it is a format used by the agency to create copies for its own use or for provision to other agencies unless on exception applies)? Note, however, that computer software developed by a local agency is not a "public record" subject to the Public Records Act.'s On the other hand, a requester's rights under the Public Records Act are not unlimited. A Tocol agency is not required to create o document or compile a list in response to a request under the Public Records Act.'° Whde these definitions are general. aver the years the courts hove both broadened and limited the scope of the definition of "public record." First, it is clear that the term "public records" encompasses more than simply those documents that public officials are required by law to keep as official records. Rather, courts have held that a public record is one that is kept because it is "necessary or convenient to the discharge of [an] official duty."Z Second, courts hove observed that merely because the writing is in the possession of the local agency, it is not automatically a public record. It must relate to the conduct of the public's business.?" Thus, personal notes and personal records, such as shopping lists or letters from friends that are totally void of public business, are not public records.n In addition, it is important to note that o record need not be a "document" to fall within the ambit of the Public Records Act. A public record is subject to disclosure under the Public Records Act "regardless of its physical form or characteristics."73 Further, local agencies ore obligated to determine whether a public records request seeks copies of disclosable public records in the "possession" of the '6 Gov't Code § 62521e), 191 Goy'? Code § 6253.9. For further discussion or the e=cepkvn to this rub. see port Two. Electtonic Records. Section tr B. "Melodato" co 'his Handbook. 18 Gov'I Code § 6254.9. 19 Based upon the definihon of -waling." Gov '1 Cods § 625219). and the requirement mato requested record be "identifiable." Gov't Code § 6253(bl 9Voun v. Cly of Tort, ISI Col App. 3d 332. 340 (5 Oat. 19841; Son Gabriel tribune v. Superior Court 'City of west Covina). 143 Cal. App. 3d 762. 77412 Dist. 19831: People v Tomorly. 14 Cat App. 221, 231 11 Dat 1910). 2' Braun. 154 Col. App. 3d at 340 Son Gabner tribune, 143 Col. App. 3d of 774; Gov't Code § 6252181. n San Gabnel Tribute. 143 Cal. Apo 3d of 774. 73 Gov't Code § 62521.1 Pubic Records Act C 2017 Richards. wotson & Gershon 2049629 Pope 5 Part One. Compliance with the Pubic Records ACt agency.24 On occasion, a local agency prepares, uses, or owns a document containing information related to the conduct of the public's business, but does not physically possess it, such as when a local agency hires a private consultant to conduct work on behalf of the agency. When the public record is in the possession of a private consultant or sub -consultant who does work for the local agency, the contractual relationship between the local agency and consultant or sub -consultant will likely determine whether the local agency is in possession of the documents.75 In Community Youth Athletic Center v. City of National City, the court found that under the contract between the City and its consultant, the City hod the right to possess and control the record that was the subject of a public records request, even if that local agency had not previously enforced its ownership right.26 The court held that the City had an obligation "to make reasonable efforts to facilitate the location and release of the information.""" The City's failure to assert its contractual right to obtain the record from the consultant violated the Public Records Acta On the other hand, in Consolidated Irrigation District v. Superior Court, the court found that the City had no control over a sub -consultant's records The sub -consultant had been hired by the City's primary consultant, and based on the facts in that case, the City had no obligation under the Public Records Act to obtain and produce the records of the sub -consultant. VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST? Most public records requests are straightforward. The public is familiar with records regularly kept by a local agency, such as meeting minutes, staff reports, financial reports, and other documents discussed at public meetings. Requests for those records are easy to fulfill. Many of these records may be available on a local agency's website, and the Public Records Act allows a local agency to satisfy a request for public records by directing the requester to that website.o Sometimes, the public is unfamiliar with the types of records maintained by local agencies. The requester may not be able to provide the specificity necessary to identify a public record, or the request may be so broadly stated that a local agency cannot reasonably determine which records fall within the scope of the request. 24 Gov't Code § 6253(c). 25 Consofdoted irrigation District Supenor Court (City of Selmo). 205 Col. App. 4th 697, 709-1 1 (5 Dist. 2012). Community Youth Athletic Center v City of Notional City, 220 Col App. 4th 1385. 1427-29 (4 Dist. 2013). see also Regents of the University of Cokforryo v. Superior Court. 222 COI. App. 4th 383. 398 (1 Dist. 2013). 26 Community youth Athletic Center 220 Col App 4th of 1428. 221d. 01 1429 29� "Consolidated irrigation Distn:t 205 Cal. App. 4th at 71 1 Gov't Code § 6253. Pubic Records Act 0 2017 Richards. wotson & Gershon 2949629 Page 6 Port One: Compionce wills the PUDIC ReccT s Ar+ Under those circumstances, the Public Records Act imposes duties on both local agencies and requesters. Local agencies must assist a requester to formulate a "focused and effective request that reasonably describes on identifiable record or records." by following certain procedural requirements.31 Likewise, the requester is obligated to engage in this process, and communicate to the custodian of records the scope of the public information requested. Both the local agency and the requester must be reasonable in this process.32 VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBLIC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE? A local agency cannot sell or provide a public record subject to disclosure under the Public Records Act to a private entity in a manner that prevents the local agency from providing the record directly.13 For example. the county recorder cannot transfer all birth and death records to a private company and insist that the public obtain birth certificates from the private entity. Similarly, a local agency may not enter into a contract that allows another party to control the disclosure of information that is subject to the Public Records Act.3+ For example, a contract provision that requires the consent of a contractor before a local agency may release a public record prepared by the contractor violates the Public Records Act. Additionally, if a local agency enters into a contract thot requires a private entity to review, audit, or report on any aspect of the local agency, that contract must be made available to the public upon request. unless the contract is exempt from disclosure pursuant to another exemption in the Public Records Act.�S VIII. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY? Nothing in the Public Records Act requires a member of the public to place his or her request for public records in writing) While many local agencies provide forms on their website or at their offices for making a written Public Records Act request, a requester is not required to use the form offered. An oral request is sufficient to trigger the requirements of the Public Records Act. Additionally. an argumentative or disruptive requester cannot be permanently banned from the premises by a local agency or forced to make their requests in 31 Gov't Code 5 6253.1 Further discussion Ot these proceoural req.rrements is in Sector, X below 37 Community Youth Athletic Center v National City 220 Cal App. 4th 1385. 1427 14 Diss 201 33 Gov't Code § 6270(01. 34 Gov't Code § 6253.3 35 Gov't Code § 6253.31. 36 Los Angeles Times v. Alameda COrridO( rroru) Au►honty. 88 Cat App. 4th 1381, 1392 12 Dist 20011, Pubic Records Act C12017 Richards. Watson a Gershon 2049629 Page 7 Part One Complonc• with the Pubic Records Act writing." However, the right to inspect public records is subject to the implied rule of reason that enables the custodian of public records to formulate regulations necessary to prevent interference with the orderly functioning of the agency's office.e If faced with a loud or ongry person who is making an oral request, and the records are not immediately available, it is advisable for staff to write down the request and tell the requester the agency will respond in writing within the time limits specified in the Public Records Act. Your City attorney can provide additional guidance in the event a member of the public is repeatedly abusive towards staff. IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT? A. Disclosure of Exempt Records Waives Confidentiality The Public Records Act specifically exempts a number of categories of records from disclosure requirements. If documents are exempt from disclosure, it is important that confidentiality be maintained. Once an otherwise exempt record is knowingly released to any member of the public, disclosure constitutes a waiver of the exemption for that record, and the record must be provided to any subsequent requesting member of the pubiic.39 This waiver ensures a public agency does not carry out "selective disclosure," wherein some members of the public are provided the right of access to specific records, while some requests for the same records are denied by the public agency for the same materials.4i There are a few situations where the knowing disclosure of an otherwise exempt record does not constitute a waiver of exemption. Exemptions are not waived when disclosures ore made: • Through discovery procedures associated with lawsuits or in court proceedings; • Pursuant to a statute that limits disclosure for specified purposes; • when not required by law and prohibited by formol action of the elected legislative body of the local agency; or 31 GWbiso v, Oros, Pubic Wiry District. 167 Cal App. ath 1063. 1088-89 15 Dat 2008) Bruce v. Gregory, 65 Cal. 2d 666. 676 119671: Rosenthal v Nonsen. 34 Col. App 3d 754. 761 119731: 61 Ops. COL Any, Gera. 317 119811. 39 Gov't Code § 6254.5. 'o Sack Panttter Party v Kehoe 42 Cal App 3d 646.65813 Ont. 1974) Pubic Records Act C 2017 RiChards. Watson & Gershon 2049629 Pops 6 Part one: Compliance with me Pubic Recalls Act • To another govemment agency that agrees to trent the records as confidential." Recently, the California Supreme Court held that a public agency's inadvertent disclosure resulting from human error does not waive an exemption..2 In Ardon v. City of Los Angeles, the City of Los Angeles inadvertently disclosed several attorney-client and attorney work product documents in response to a PRA request. The requester was an attorney actively involved in pending litigation against the City.o After becoming aware of the inadvertent disclosure, the City filed a motion in court seeking the return of the privieged materials." The California Supreme Court held that the Public Records Act's waiver provision's applied only to intentional and not inadvertent disclosure.' The court justified this distinction by finding that the City of Los Angeles had not engaged in selective disclosure: "Mather, it seeks no disclosure; it is trying to force plaintiff's attorney to return the privileged documents unread. The California Supreme Court's decision in Ardon v. City of Los Angeles allows a public agency to argue that a disclosure was inadvertent and ask for retum of exempt records that were released in error. However, nothing in the Public Records Act compels the requester to return the records. Instead. the public agency must go to court to obtain a judicial order directing the requester to return or destroy the inadvertently disclosed records.'e This presents a number of problems. First, the circumstances surrounding the dissemination of those materials would have to be evaluated on a case-by-case basis by the reviewing court.'+ The court may not agree with the public agency's assertion that the disclosure was inadvertent. Second, if the exempt records were given wide- spread distribution before the error was found. a court may decide not to order return of the records. Once the information is in the public sphere. the ben cannot be unrung. Third. it is costly to go to court to seek injunctive relief, Consequently, public agencies should continue to conduct a thorough and exhaustive review of responsive documents before releasing any materials in response to a Public Records Act request. The California Supreme Court acknowledged that its decision was limited to "truly inadvertent disclosures and must not be abused to permit the type of selective disclosure" prohibited by the 't Gov't Code 5 6254.5 Additional exceptions apply to specific state agencies 42 Arkin v. City o►Los Angeles. 62 Col. 4h 1176 (2016) i3 Aidan. 62 Col eth 01 1180-82. "b. of 118'. 45 Gov't Code § 6254.5. 46Adon.62Cal. 4Ihof 1180. '7Id. 0t 1185-86. 48 See Newark unified Schp0l District v Superior Court 215 Cai. Apo. 41h 887 l 1 01st. 20151 • 491d. at 910. Pub1C Redacts Act C 2017 Richards. Watson 8 Gershon 2049629 Page 9 Port One: Cornpionce w,th the Pubic Records Act Public Records Acta Further. the California Supreme Court emphasized that a public agency's own characterization of its intent is not dispositive.$' The best practice continues to be to complete o thorough review before releasing responsive records. 6. Statutory ExempHons for Confidential Records The following is a list of the statutory exemptions. This list is not exhaustive. (1) Public agency employees' personal Information. Gov't Code § 6254.3. Recent legislation has expanded protections for specified personal information of all public agency employees. The home addresses, personal cellular telephone numbers and birth dates of all public agency employees are not considered to be public records subject to disclosure, except in limited circumstances. The Public Records Act also requires local agencies to redact social security numbers from records before disclosing the records to the public in response to a Public Records Act request,s2 (2) Referendum, recall and initiative petitions and related material. Gov't Code § 6253.5. Election -related petitions and all memoranda prepared by the county elections officials in their examination of the petitions indicating which registered voters signed the petitions are strictly confidential. These materials may be viewed only by elections officials and their deputies. Other officials, including agency attorneys, must obtain a court order to view petitions. If the elections officials determine that a petition is legally insufficient, petition proponents and their representatives designated in writing must be permitted to review these materials_ (3) The identity of persons who have requested bilingual bolloh or ballot pamphlets. Gov't Code § 6253.6. 30 A don. 62 Col. 11% o 1 1 190 5'a 52 Gov"t Code § 6254.29. Pubic Records Act 2017 Richards. Watson & Gershon 2049629 Port One: Compionce with the Pubbc Records Act (4) Preliminary drafts, notes, or interagency or Intra -agency memoranda. Gov't Code § 6254(a). Public officials should be aware that preliminary drafts and notes. along with interagency and intra -agency memoranda, are exempt from disclosure as public records if those documents are not customarily retained by the local agency in the ordinary course of business and the public interest in withholding those records clearly outweighs the public interest in disclosure.3 In considering whether to use this exemption, agencies should determine whether the disclosure of a preliminary draft, note, or interagency or intra - agency memorandum would further the interest of the Act in open government. The fact that the document is merely a step in the process and does not provide important information about the public's business probably weighs in favor of nondisclosure. The key questions in this area generally may be boiled down to whether a draft, note, or interagency or intra -agency memorandum is one which: • Is not normally kept by the agency in the ordinary course of business; • Is not prepared or kept to document or memorialize the day-to-day transaction of the public's business: • Is merely a temporary step in the process of preparing a final document, reaching a final decision, or determining a course of action; and • Would expose the agency's decision-making process if disclosed,54 and the public interest in nondisclosure clearly outweighs the public interest in disclosure. If the document qualifies under all tour categories above, the document probably is exempt from disclosure under the Public Records Act. Documents that do not satisfy one or more of the categories above probably are public records that must be disclosed unless another exemption applies. You should keep in mind. however, that any doubt or question in this regard likely will be decided in favor of disclosure of the record. S3 Gov't Code § 6254(0). Citizens for o Better Environment v Dept of Food and Agriculture 171 Col App 3d 704. 715-16 j3 Dec 1985) (condoling thot -Itlhe interest in tostenng robust agency debate'" ts the onlv pubic interest that con justify noncisciosure under section 6254 (al). Pubic Records Act C 2017 Richards. Watson & Gershon 2049629 Page I 1 POR One: CO*npkince with the Pvt]:c Records Act In discussing whether a record has not been retained in the ordinary course of business, one court observed, lip preliminary materials are not customarily discarded or have not in fact been discarded as is customary they must be disclosed."% One of the purposes of this condition is to prevent "secret law." that is, an undisclosed collection of written rules guiding the agency's decisions.% Consequent)y, a record that must be retained pursuant to a local agency's records retention schedule, policies or customs does not fall within this exemption. For example. if a policy decision is made to retain drafts in order to document the bargaining history after an agreement is negotiated; those drafts likely are not exempt under Section 6254(a)_ Also, if it is permissible under an agency's records retention schedule to destroy preliminary documents. but the agency retained such a document after the final report is prepared, the preliminary document arguably is not exempt under Section 6254(o). (5) Records pertaining to pending litigation to which the agency Is a party. Gov't Code § 6254(b). Under this exemption, records actuolly created by an agency for its own use in litigation are exempt from disclosure under the Public Records Acts, Previously created or disclosed records may not be retroactively re-classified as being exempt under this Section.% Generally, courts will examine the "dominant purpose" behind the document's creation.' Documents prepared "by o public entity for its own use in anticipation of litigation, which documents it reasonably has an interest in keeping to itself until litigation is finalized" are protected by the exemption. Thus, while documents created prior to the commencement of litigation appear to receive greater scrutiny to determine their dominant purpose, the exemption can apply to documents created before litigation hos commenced. that is, before a claim has been mode with the local agency under the Government Claims Act or a complaint filed with a court. Once litigation is concluded, however, the exemption will no longer apply.6 This exemption also applies to litigation -related documents, even if not created by an agency, when sought by persons or entities not a party to the litigation and which the parties to the litigation do not intend to be revealed outside the u4. Of 714. xt0.of714n.7. "Fawley v Superior Court (City of Long 8eocty 66 Col. App. 4th 1414, 1421-22 (2 pat. 1996(. "City of rtemet v Superior COurt (Press -Enterprise Co) 37 Col. App 411 1411. 142 0 & n.11 (4 Det. 19951 S9 Fancy. 66 Col. App. 4th of 1420. td Ot 1421 lemprrosis odaeo( 41 City of Los Angeles r Supenor Court (Axelrod). 41 Col App 4th 1083. 1089 12 Dist. 19961. Pub4C ReCarIs ACt C 2017 Richoras. wotson & Gershon 2049629 Pogo 12 Pat One Compionce with the Pubic Records Act litigation. This exemption does not cover deposition transcripts because they ore ovaiable to the public under another statute.62 And where a plaintiff generally is required to file a claim under the Government Claims Act to initiate litigation against a local agency. the actual claim form filed with the local agency is not exempt under this Section as "[t]here is no unfair disadvantage [in the pending litigation] to the public entity from disclosure of the mere claim form."12 (6) Personnel, medical or similar records. Gov't Code §§ 6254(c): 6254.3. When the disclosure of personnel, medical or similar files would constitute an unwarranted invasion of personal privacy, this exemption applies. In determining whether personnel records should be disclosed, courts first decide whether disclosure would compromise the individual's substantial privacy interest. If it does, the court determines whether the potential harm to those interests caused by disclosure outweighs the public interest in disclosure. As will be discussed below, the California Supreme Court has concluded that public employees in general have a significantly reduced expectation of privacy in their salaries, and that the strong public interest in knowing how the government spends its money justifies disclosure of salary information.0 And at least one appellate court hos found that where the public employee is in a position of authority. such as a superintendent of a school district, the individual has "a significantly reduced expectation of privacy in the matters of his [or her] public employment."6t This exemption for personnel, medical or similar records does not justify withholding employment agreements. By statute, employment agreements between a local agency and any public official or public employee is a public record not subject to the exemptions of Sections 6254 or 6255 of the Government Code.hl 62 Board of Trustees of Cakforruo Store Ur**, v Suoena Court !Copley Press. Inc.?. 132 Cot App. 4th 689. 901-902 I4 Diss. 20051. W Poway Unified Sch Dist. v. Superior Court iCop►ey Pressi. 62 Cal. App. 41h 1496. 1505 (4 Dist 19981. w Versoci v. Superior Court (Pobmar Cmty Col Dist.i. 127 Col App. 4th 805 818-820 (4 Drs!. 2005). ?ntemctiono/ Federation a! Protessiona1 and lectwcot Engineer: LOCAL 2P. AFI -C10. v Superior Court lContro Costa wewspopers. Inc.). 42 Col. 41h 319 329.333 (2007)llnternotion0 Federation). ARV. inc. v. Superior Court (Duramtx joint Clrtion ttign School DrstricrJ. 143 Col hop 4th 742. 758 (3 Dist 20061 (ordering reports investigating plea°Ions of misconduct discbsec as Mie pubic's interest in why the district entered into 0 Ierrhnation agreement with the superintendent that appeared to the pubic b be a "sweetheart dear outweighed the superintendent's 'Merest in preven4ng discbsure 01 the reports' 6) Gov't Code § 6254.8. Pubic Records Act C 2017 Richards, Watson & Gershon 2049629 Foge 13 Part One. Camplonce with me Pubic Records Act Disclosure of Public Employee Salaries The California Supreme Court has held that salaries of public employees are not exempt from disclosure. In international Federation of Professional and Technical Engineers v. Superior Court. (Contra Costa Newspapers, Inc.),a the California Supreme Court held that individually identifiable salary information is not exempt from disclosure under the Public Records Act, the California Constitution or the Penal Code. In this case, a newspaper sought disclosure from the City of Oakland of names, job titles and gross salaries of City employees earning $100,000 or more each year, including overtime. The City provided salary and overtime information for each job classification but refused to provide salary information linked to individual employees. The newspaper sued to obtain disclosure of the records under the Public Records Act, The Supreme Court held that a public entity's payroll expenditures are public records, and that disclosure of salary records for City employees earning $100,000 or more each year is not an unwarranted invasion of personal privacy.& With regard to peace officers, the Supreme Court rejected the police union's argument that Penal Code Sections 832.7 and 832.8 bar disclosure of the amount of a peace officer's salary,' The Supreme Court ruled that salary information of peace officers does not constitute "personnel records" under Penal Code Sections 832.7 or 832.8, and is not information obtained from personnel records., As such, the Penal Code does not mandate that peace officer salary information be excluded from disclosure under the Public Records Act. The Supreme Court also rejected the argument that each public records request must be evaluated on a case-by-case basis to evaluate the individual employee's privacy interests and the particular public interest at issue." The Court stated that this would reverse the presumption of openness of public records mandated by the Public Records Act. and the public entity bears the burden of demonstrating that particular records are exempts) The Court, however, left open the possibHity that a public entity may, on a case-by-case ga Internononol Federation, 12 Col. 41h 319 (200i1. 69 The Supreme Court also narrowed the precedennai vague of Teamsters Loco' 856 v. Priceless. ILC. 112 Cot App. 4W 1500 12003). review denied plan. 22 2000. me aope41010 court in Priceless held thot names, lob titles and w-2 mlormoson of City employees was confidential information and n01 Subt c( lo disclosure under the Pubic Records Act because tie C1ty in Question rsod o Patti practice of treating fiat Inlarmo1lon o conlideneol To the extent that P►fceiess could be recd as hotting that o Crtys practice of refusing 10 dodoso certain iMormaIlon hod creoled o pnvocy interest in those records. the Caflorra Supreme Court dnogreed and refined lo adopt that hoping tnrerrptionai Federation. 42 Col- 4th at 336. fid.. al 343 711d. 721d. at 336 730- of 336-37. Public Records Ac' 2017 Richards. motion a Gershon 2049629 Page 'A Port One. Compsonce with me Pubic Records Act basis, decline to release records pertaining to individual employees where anonymity is essential to their safety, such as undercover narcotics officers. Although this decision arose in the context of a public records request for the names and salaries of City employees earning more than $100,000 per year, the Supreme Court's reasoning may have general application to salary information for all City employees. regardless of level of salary. In a companion case. Commission on Peace Officer Standards and Training v. Superior Court, the California Supreme Court addressed the confidentiality of certain non -salary information.]+ In this case. the Commission refused to provide the names, employing departments, and hiring and termination dates of peace officers from its database. The Commission maintains the database to monitor participating law enforcement departments' compliance with Peace Officer Standards and Training ("POST") regulations. The California Supreme Court held that the names, employing departments, and hiring and termination dates of peace officers are not confidential under Penal Code Sections 832.7 and 832.8, and are not exempt from disclosure under the Public Records Act. The California Supreme Court. however. remanded the case to the lower courts to allow the Commission the opportunity to establish that information regarding particular officers or categories of officers should be excised from the disclosed records in order to protect the safety or efficacy of those peace officers, (7) Arrest records, complaint reports, Investigatory and security files. Gov't Code § 6254(f). This exemption strictty limits the information required to be disclosed about arrests, complaints and investigations. Records of complaints to or investigations conducted by police agencies generally may be withheld. Investigatory or security files compiled by a local agency for law enforcement or licensing purposes are also covered by the exemption, provided "there is a concrete and definite prospect of criminal law enforcement proceedings."JS This exemption extends indefinitely. even after investigations are concluded.'b In most cases, agencies are required to disclose to the public', the full name, current address and occupation of every person arrested by the agency. including a general physical description, along with the date and time of arrest. This disclosure, however, is not required where it would endanger the safety of a person " Commission on Peace Officer Standards ono Tronng v Supenor Court. 12 Cot 4th 278 (20071, sea also Long Beach Police Officers wort_ v. City of Long Beach. 59 CoL 4R► 59 (20141 75 Dion v. Superior Court (Nems). 170 Col App. Oft 1271, 1277 13 Olt 2009J (internal quotation omitted) . 76 Rod ouckas v. Superior Cour' fLos Angeles Times Co nmunicotbnsJ. 104 Col. App 41h 169 174178 f4 DV. 2002). n Section 62541f1 also authorizes release of cerin irrrse0 inlorrrtabon 10 the vrcnm o1 0 came and other interested parties. above and beyond shot information raisosed 10 the pubk generoNy Pubic Records Act (5 2017 Richards, Watson 8 Gershon 2049629 Page 15 Part One: Compionce win the Pubic ROCCA% Act involved in on investigation or jeopardize the successful completion of the pending investigation or a related investigation. In addition, local agencies are required to disclose to the public the time, substance and general location of all complaints and requests for assistance. and the time and nature of the agency's response. However, no disclosure may be made to any arrested person or defendant in a criminal action of the address and telephone number of any person who is a victim or witness in an alleged offense.'a Further, this disclosure is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation. In all cases, the address of a victim of an alleged sex offense must be withheld.'° Additionally, the name of the victim of an alleged sex offense must be withheld if the victim or a minor victim's parent or guardian requests it be withheld. while the law refers to "sex offenses," the crimes listed in Section 6254(f) include sexual assault, child molestation, child abuse, hate crimes and stalking. The Public Records Act prohibits the commercial use of arrest and arrestee information, and requires that persons requesting such information sign a declaration, under penalty of perjury, that the request is made for a scholarly, journalistic, political, or governmental purpose, or for investigation by a licensed private investigator.w This requirement, however, may have limited applicability given the outcome of litigation by United Reporting Publishing Corporation against the California Highway Potrol.ai Subsequent to that case, the Attorney General issued an opinion that a law enforcement agency may not require that a requester present subscriber lists, copies of publications or other verification of a journalistic purpose and the requester is not required to monitor subscribers to prohibit them from using the information for commercial purposes.82 The foregoing is a brief overview of this detailed and complex exemption. Police and code enforcement staff should familiarize themselves with the complete requirements of this Section prior to responding to requests for arrest and complaint information. 78 Penal Code § 841.5 Penal Code # 293. so Gov't Code li 6254(11(31 A commercial publisher of cnnnoi records challenged the conslituhono►ty of ittis imtoion on *Kle /re, but the Untw States Supreme Court heti thol the statute did riot vvaote Me First Amendment to the U.S. Consituion. Los Angeles Poice Dept v United Reporting Pubt'g Corp.. 529 U.S. 32 11999). e' unreel Rapart*np Pub1 g Corp. v. Cotiiarno niognwcry Potreo . Na 96-CV-OS/WS 15.0. Col Aug. 13. 20011 Gnat judgment on consent) ('As oppied to United Reporting's octivmes os desc ibed Ma tawsu,t. secion 6251(11(31 violates United Rporing's rests under the Fist Amendment lo the United States Constitution by preventing United Reporting horn enpoprg n its punaistic activities os described above -) 92 89 Ops. Col Att'v Gen. 97 (20061 Pubic Recants Act 0 2017 Rscnords Watson & German 2049629 Page 16 Pori one.. Campiance won the Pubic Records Ac' (8) Information required from any taxpayer in connection with the collection of local faxes. Gov't Code § 6254(1). This exemption applies to information that o city or other local agency requires from any taxpayer in connection with the collection of local taxes if that information is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information. One frequent example of this is the submittal of sales or income information under o business license tax requirement where the city has indicated in its business license tax ordinance that the financial information provided will be kept confidential. If the business license is required by ordinance to list the amount of tax paid and be posted at the place of business, however, the amount of tax paid arguably is not confidential, (9) Library circulation records. Gov't Code § 6254(j). While this exemption protects from disclosure library circulation records kept for the purpose of identifying the borrower of items available in libraries, it is not applicable to records of fines imposed on the borrowers. (10) Records exempt from disclosure under other laws including, but not limited to, the Evidence Code sections relating to privilege. Gov't Code § 6254(k)_ This provision of the Public Records Act exempts from disclosure every document held by a local agency thot is legally privileged or confidential under some law outside the Public Records Act. The most common example of this exemption protects documents subject to the attorney-client privilege or the attorney work - product doctrine. It is important to nate that neither the Public Records Act nor the Brown Act abrogate those important privileges for communications between a local agency and its legal counsel.B3 For example. in Los Angeles County Board of Supervisors v. Superior Court, the Supreme Court ruled that the attorney-client privilege protects the confidentiality of invoices for legal work in pending and active legal matters.M The Court reasoned that such invoices are so closely related to attorney-client communications that they may reveal legal strategy or consultation. The Court e] Roberts City or Pamdoie. 5 Cal Nh 363. 377 (1993). "Los Angeles County BoorO at Supervisors v Superior Cott, 2 Co+_ 5th 282 120161 Pubic Records Act C 2017 Richards wo tson & Gershon 2049629 P32e 1 , Pert One- CornplonCe wit" the Pv01C Records Act emphasized. however. that the attorney-client privilege does not categorically shield everything in o billing invoice from PRA disclosure. This case also reaffirms the principle that the Public Records Act does not permit public agencies to withhold an entire document that contains both exempt and nonexempt information. On this point, the Supreme Court ruled that agencies must use "the equivalent of a surgical scalpel to separate those portions of a record subject to disclosure from privileged portions" unless records are not "reasonably segregable_"85 Further, the Court stressed that any ambiguity must be construed in "whichever way will further the people's right of access."86 While o full discussion of attorney-client privilege and attorney work product is outside the scope of this Handbook, it is worth noting that one court held that o city waived those privileges for communications it sent to a developer prior to approval of o development project under the California Environmental Quality Act (CEQA).87 The court held that the "common interest doctrine," which generally allows disclosure of privileged communications to third parties with a common interest in a legal matter, did not apply to prevent the city's waiver.a8 As a result, the city was required to include its attorneys' communications with the developer in the administrative record it prepored. In light of this opinion. local agencies should be cautious in sharing documents and legal opinions prepared by the agency's attorney with a project developer, and recognize that in the event it does shore such documents and opinions of its attorneys, those disclosures likely waive the agency's privilege. Determining which other confidentiality laws are incorporated into the Public Records Act has always been difficult and time-consuming. In 1998, the Legislature attempted to address this problem by enacting a statute that lists most of the exemptions found in other laws.m9 The list begins at Government Code Section 6276 and continues for more than 20 pages. Although the Public Records Act cautions that this list may not be complete, it is a helpful list. Two 1995 Court of Appeal decisions90 illustrate how documents made confidential by another low are exempt from disclosure under the Public Records Act. Both courts found that information relating to complaints against peace officers is confidential and a part of that peace officer's personnel file under Penal Code Section 832.7, and therefore exempt from disclosure under as Id.. at •3. e1 b. Icirng Anion v Cary of Los Anpeies. 62 Cm 41h 1176. 1 190 (20161. anC Col Consl.. art.1. 9 3. subd. (b11211. W Citizens for Ceres v Superior Court jC,ty of Ceres). 217 CaL App. 41h 689. 922 (5 Dist. 20131. Ott of 914.921. A Slop. 1997. C 620 5.B 143 - Ropp1. City of Richmond v Supenor Court (Son Francisco Boy Guardian,. 32 Cot App. 41h 1430 (1 Dist. 19951: Cify of Hemel. 37 Cot. Ap), Oh 1411 11 Dtst 19951: see also. Copley Press. Inc v. St penar Court (Courtly of Son Owego), 39 Col. lel 1272 12006) Mating Phot records of a civil service commission, relating 10 o peace officer's odminisroeve appeal of a < sopinary matter were not sublecI ►o ciscasure pursuant 10 the PuOIC Records AC1 and Penal Code Section 83271. Pub1c Records AcI C 2017 Richards. Watson & Gershon 2049629 Page 18 Port One: Compionce *nth the Pubic Records AO the Public Records Act. More recently, the Court of Appeal held these complaints, along with any other records generated in connection with possible administrative discipline, remain exempt from disclosure even when contained in a report investigating possible criminal wrongdoing and otherwise disclosable under the public records requests." (11) Personal financial information required of licensees. Gov't Code § 6254(n). When a local agency requires that applicants for licenses, certificates or permits submit personal financial data. that information is confidential. This exemption, however, does not apply to financial information filed by a franchisee to justify a rate increase, presumably because those affected by o rate increase have a right to know its basis.' The term "license" was narrowly construed by the court in San Gabriel Tribune v, Superior Ct. to exempt financial information of applicants whose business with the agency is only public because they must comply with licensing requirements and regulations. To give effect to the Public Records Act policy that favors disclosure over secrecy in government, the court concluded that a franchisee is akin to a contractual relationship and is not an applicant for a license under Section 6254(n]. (12) Terrorist assessment reports. Gov't Code § 6254(oa). A document prepared that assesses a local government's vulnerability to terrorist attacks or other criminal acts intended to disrupt the local agency's operations is exempt from disclosure if the document is prepared for distribution or consideration in o closed session of the local agency. (13) Voter registration information. Gov't Code § 6254.4. The home address. telephone number, email address, precinct number and prior registration information shown on voter registration cards is confidential. Disclosure of that information is permitted only to candidates and campaigns. and to any person for election, scholarly. journalistic, or political purposes pursuant to Section 2194(a)(3) of the Elections Code. The driver's license number, social security number, and signature of the voter shown on the voter registration card are confidential and cannot be disclosed to any person. °' Pio Police Officers Association v. Superior Court. 240 Co. App. 4th 26& 290 ;2 Dot 20151. n Son Gobriei Tribune v Superior Court /City of west Covina/ 143 Col. App 3d 762. 779.780 (2 Dar 19831. Pubic Records ACt O2017Richards. wotson & Gershon 2049629 Page 19 Port One: COnmQiOnCe with the Pubic Records Act We believe that this exemption extends to any document that by law must include the information made confidential by this Section, including applications for absentee ballots and returned absentee ballot packages. Beginning January 1, 2014, however, voter registration information identified under Section 6254.4 of the Government Code must be made available to the public if it is at least one hundred years old.° j (14) Utility customer information. Gov't Code § 6254.16. The name, credit history, utility usage data, home address, and telephone number of utility customers of local agencies are exempt from disclosure, except in certain circumstances. This information may be disclosed to authorized family members of the person to whom the information pertains or his or her agent, to an officer or employee of another governmental agency when necessary to perform official duties, or upon court order or the request of law enforcement for an ongoing investigation. In addition, the information may be disclosed if the utility customer has used the utility services in a manner inconsistent with applicable local utility usage policies. If the utility customer is a public official with authority to determine utility usage policies, the information may be disclosed except that the home address of an appointed official may not be disclosed without the official's consent. Lastly, the information may be disclosed if the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure. (15) Unauthorized Internet posting of officials' addresses and telephone numbers. Gov't Code § 6254.21. The posting of the home address or telephone number of any elected or appointed official on the intemet by a local agency without that individual's written permission is prohibited. The definition of "elected or appointed officials" includes, but is not limited to, members of a City council, members of a board of supervisors, mayors, City attorneys. police chiefs and sheriffs. It is a misdemeanor for any person to post such information with the intent to cause bodily injury to the official, his or her spouse or child. The official may bring an action for damages under certain circumstances. If bodily injury occurs as a result of the posting, then the posting could become a felony. If a person, business, or association publicly posts on the Internet the home address or telephone number of any elected or appointed official. the official 93 CoL Elec. Code § 2194.1: Slots. 2013. c. 118 (5.8 112 - Monnng). Pubic Records Act C 2017 Richards. watson d Gershon 2049629 Pcae 2Q Pod Ora: Compliance with the Pubbc Records Act may make o written demand to have the information removed. An official may bring an action in court to seek injunctive relief in the event the posting is not removed or is posted again during the four years that the written demand is in effect. (16) Social Security Numbers. Gov't Code § 6254.29. Local agencies must redact social security numbers from records before disclosing them to the public. (17) General public Interest exemption. Gov't Code § 6255. In cases where a specific statutory exemption does not apply, o record still might be exempt from disclosure if: on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record» The numerous cases examining this "balancing test" make it clear that the burden is on the local agency to show that the public interest in confidentiality outweighs the public interest in disclosure. In fact, given the public policy involved. courts demand a demonstration of "clear overbalance" to justify non- disclosure.9s In practice, very few local agencies have been able to convince reviewing courts that the public interest in confidentiality outweighs the interest in disclosure. In the absence of a specific stotutory exemption, this "catch-all" distinction rarely has been successfully relied upon to justify nondisclosure. Thus, local agencies must in good faith find a relatively rare "clear overbalance" to justify confidentiality on this ground.9% Two areas in which a public interest in nondisclosure has been upheld involve public records disclosure that would adversely affect the deliberative process of o local agency, or the personal security of a public official. In Times Mirror Co. v. "Gov't Code § 4255 vs Ctfy of Meme, 3? Ca App. 4th. at 1421. See 04S0 131oC4 Panther Party. 42 Cal ADP 3d of 657 96 See. e.g., Mic laeris. Montoro 4 Johnson v, Stat or COUP fCify of Los Angeles Dept of Airports!. 38 COL 4th 1065 (20oi► (ridding under "catch or exemption Mot proposals for loose and development of o hangar 'aciity of pubic orpoi were exempt from disclosure until City nod completed negotiations wnera negottafons were Don of the competitwe Drocessl Pubic Records Act O 2017 R'cnords. watson & Gershon 2049629 Poge 21 POR One. Compwnce with the PUDIC RecorOs ACt Superior Court,97 for example, the State's refusal to release the Govemor's schedule and appointment calendar out of concern for the Governor's personal safety was upheld. Additionally, the State asserted that the disclosure of appointment calendars and schedules would "chill the flow of information" to the Governor and inhibit the free exchange of ideas in private meetings. The breadth of the request, however, may affect the balancing of interests. The public interest in nondisclosure may be less where the request is carefully focused and confined to a few documents.~' The Governor's office won another Public Records Act case on the "deliberative process privilege" and the exemption for "correspondence of and to the Governor"s" justifications in 1998 when the office refused to disclose applications submitted to the Governor for an appointment to a vacancy on a board of supervisors.ia On the local level. a city's refusal to disclose the telephone records of council members was upheld to protect the same "deliberative process privilege. Far more often, however, courts have found the public interest in disclosure outweighs the interest in confidentiality. Similarly, the Attorney General has issued several opinions favoring disclosure. Some illustrative cases and Attorney General opinions in this area include the following: ■ Connell v. Superior Court (lntersource, Inc.] X02 Records relating to unpaid state warrants are public records and must be disclosed. The public interest in disclosure outweighs the public interest in preventing possible fraud that could be assisted through the release of too much information about the State's warrant system. The fact that the request was mode solely for commercial purposes and profit did not affect the balancing test.'u1 97 See. e.g.. Michoe44s. nsontanon a Johnson v. Supenor Court (City of Los Angeles Dept or airports). 38 Coy- 1m 1065 120061 lholdng under ' calchar exemption that proposals for lease and development or bongo/ faciity of public airport were exempt from disclosure until City hod compieted nes pbolipns where negotiations were port or the competitive process' 'ro td or 144-46 w Gov't Code S 6254111 1C° California Rist Amendment Cooiflon v, Superior Court (wlrson) 67 Col. App. 4t) 159 13 Dm. 199817 see ado Wilson it Supenor Cou (Los Angeles runes,. 51 COL App. 4ti 1136 12 Dist 19971. as modified. 101 Rogers v. SuOenor Court (City of Burbank', 19 COL App AM 469 1.2 Dist. 993) 1U2 56 CaL App. lith 601 (3 Dist. 1997]. 103 Government Code Section 6257.5 states that the Public Records Act -does not allow imitations an access to o pubic record based upon the purpose for which the record is bung requested. if Pie record is otherwise sublec• to disclosure. Public Records Act O 2017 Richards. wotson b Gershon 2049629 Page 22 Port One: Compionce will, the Pubic Records ACI • Copley Press, Inc. v. Superior Court (M.P.R. - o minor) Ia As a matter of law, no compelling reason exists to seal the court records of a settlement reached between the insurer for a school district and a minor student who was sexually assaulted at school. The amount of settlement is a matter of public record. • CBS, Inc. v. Block'05 The possibility that public disclosure of applications for concealed weapons permits would discourage the filing of new applications, or that such disclosure might increase applicants' vulnerability to attack. did not justify nondisclosure. • Braun v. City of Tofte A City's nondisclosure of personnel records and letters appointing on employee and then rescinding the appointment was not justified by the theory that future applicants would not be candid if they knew personal information would be made public. • Humane Society of U.S. v. Superior Court (The Regents of the University of California) iC7 A public university's nondisclosure of certain information relating to an academic study was justified because the interest in protecting the academic research process outweighed the interest in public disclosure. Disclosure would "fundamentally impair" the academic research process and the public would suffer because the "'quantity and quality' of . . , academic research on important issues of public interest would be adversely affected." we • Los Angeles Unified School District v. Superior Court (Los Angeles Times) ico A school district's decision to redact the names of teachers in a statistical model measuring each teacher's effect on students' standardized test scores was proper because the detrimental interference with the district's ability to function properly clearly outweighed the interest in public disclosure. The scores had already been released to the public categorized by school. grade. subject and 1D4 63 cal App. 4th 367 14 pis►, 1998►, 'OS 42 Col 3d 646 (1986). 1a 154 Cal. App. 3d 332 (5 Dist. 1984) 1°7 214 Col. App, 4th 1233 (3 Dist. 2013). 10° 1d. of 1263. 109 228 Col. App. 41h 222 (2 Dist. 20141. Pub ROCords AC! *2017 Richardi. Watson & Gershon 2019629 Poge 23 Pon One. Complonce with t,e Pubic Retards Act demographics: to require additional disclosure would sow discord among parents and teachers. • Long Beach Police Officers Assn. v. City of Long Beach.lc In a request by a newspaper for the names of peace officers involved in a fatal shooting, the California Supreme Court held that vague safety concems—which apply equally to all officers involved in shootings that result in severe injury or death—were outweighed by the public's interest in such incidents. The California Supreme Court held that in order for names of peace officers involved in such incidents to be exempt from disclosure. there must be a particularized showing of safety concerns regarding those officers. • 90 Ops. Cal. Att'y Gen. 40 (2007) County recorder's accounting records that include a payment receipt showing the documentary transfer tax amount is subject to inspection under the Public Records Act. While the statutory scheme allows the documentary transfer tax to appear on a separate paper rather than on the recorded property conveyance document, that procedure provides only limited privacy protection for property owners and does not make the documentary transfer tax amount confidential. • 81 Ops. Cal. Att'y Gen. 383 (1998) Claims for senior citizens' exemptions from assessment of a parcel tax levied by a school district are subject to inspection by members of the general public. The concern that the residents' privacy would be compromised by solicitors targeting senior citizens was insufficient to overcome the public interest in disclosure. X. WHAT I5 THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST? The following is brief outline of the proper response procedure, as required by Government Code Section 6253. A. The agency has ten calendar days to determine whether to grant the request. Grounds for refusing a request include: • The request does not seek records which are "reasonably segregable" from records which are exempt from disclosure; • The request does not reasonably describe an identifiable record; • , 'C 59 Cal MI" 59120141. "' Gov • Code § 6253101. Pubic Records Act O 2017 Richards. Watson & Gershon 2049629 Page 24 Pon One- Complonce w11 % the Pubic Records ACI e The request would require the agency to create new records not currently in existence; or' e The request seeks records which are exempt from disclosure.itb Note, however, that the Public Records Act requires the disclosure of "reasonably segregable" portions of records. This means that if portions of a record are exempt and other ports of the same record are not, the non-exempt portions of the document must be disclosed. 1� B. In "unusual circumstances" the agency may take up to an additional 14 calendar days to make the determination whether to grant the request. "Unusual circumstances" must be one of the following: e The need to search for and collect the requested records from field facilities or other locations separate from the office processing the request: e The need to search for, collect and examine a voluminous amount of separate and distinct records demanded in a single request;' e The need for consultation with another agency having a substantial interest in the request or among two or more components of the agency having an interest in the subject matter of the request; IS or e The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. t19 If the agency intends to use this additional time to respond, the agency must provide written notification to the requester that the additional time is required. the reason for the delay and the date on which a determination will be given» 112 Gov't Code § 625310). I 13 Based upon the de.rrIio i or -venting.' Govt Code -identieabte.- Gov t Code § 6253). 114 Gov • t Code § 6253(61. us Gov't Code § 6253(o). i ti Gov't Code § 6253(c} 1 I I. Ili Gov't Code § 6253(0(21. 11aGov't Code § 62531c1131 119 Gov't Code § 6253(cI (a}. t20 Gov'tCode § 62531c1 6252(91. and the requrement thor o requested 'ecord be Pubic Records Ac, 2017 Richards. wotson & Gershon 2049629 Poge 25 Port One: Compiance woh the Pubic Records Ac! C. When the agency has made a determination, the requester must be promptly notified of the agency's determination. This notification should be in writing and should include the following information: • Whether the request is being granted or denied:'21 • If the request is being granted, the estimated date and time when the records will be mode available (or where the records are located on the agency's website);',', • If the request was made in writing and is being denied, in whole or in port, the response must be in writing and include the extent and the reasons for the denial:173 • The name and title or position of the person responsible for the denial;'' • The cost or an estimate of the cost of copying the records, if a copy s requested, and a request for pre -payment. Note that this is only the direct cost of duplication, or a statutory fee, if applicable, and does not include staff time to research, retrieve or compile the records.»2} However, if the document requested is in electronic form, the agency may charge the full cost of reproducing the document when the record is one that is produced only at otherwise regularly scheduled intervals, or the request would require data compilation, extraction, or programming to produce the record. • 76 • The option to inspect the requested records at a mutually convenient time during office hours.177 • If in response to a public records request the agency directs a member of the public to the location of that public record on its website, the agency must still promptly provide o copy of the record itself if the member of the public requests a copy due to his 121 Gov't Code § 6253(c). 122 Gov't Code § 6253Ic1. 123 Gov't Code §§ 6255, 62531c). 1"1 Gov't Code § 62531d)_ 125 Gov't Code § 62531b); P40Rh County Parents Organization v. Dept of Educolion. 23 Cal App. 41h 144 (4 Dist. 1994). 126 Gov't Code § 6253.91b1 177 Gov't Code § 62531ai Pubic Records Act O 2p17 Richprds. watson & Gershon 2049629 Page 26 Part One: Compionce v./1m me Pubic Records Act or her inability to access or reproduce the public record from the website.,M D. In addition to the above requirements, if the local agency determines that the request should be denied and the reason for the denial is not solely because of a statutory exemption, the agency must also: • Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated:'p • Describe the information technology and physical location in which the records exist:'x, • Provide suggestions for overcoming any practical basis for denying access to the records or the information sought, T31 Alternatively, a local agency may forego these requirements if it instead makes available on index of the record.13? E. Upon payment of the cost of duplication, the agency must make the records "promptly available." F. Please note that the agency may not use this procedure to "obstruct the inspection or copying" of public records. This provision previously read "delay access for the purposes of Inspecting." The newer language appears to create slightly more flexibility for local agencies as a delay may naturally result from following the required procedures. G. The local agency may provide guidelines for "faster, more efficient, or greater" access to records than provided by the Act. ' Gov't Code § 62531f) 'nGov't Code § 6253_110111) '1° Gov'tCode § 625111a11Z 13' Gov'tCode § 6253.1101131. 132 GOv' I Code § 6253.101131 133 Gov' I Code § 6253(b1. 131 Gov' I Code § 6253(01. '36 Gov't Code § 6253(e) Pubic Records Act 0 2017 Richards. Watson & Gershon 2049629 Page 27 Part One: Compliance voth the Pubic Records ACI Xl. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT? Unlike other open government laws, the Public Records Act does not criminally penalize a local agency for its failure to comply with the Act. Nor does it subject a local agency to money damages for a violation:3e However, if a person requesting public records believes records have been improperly withheld, he or she may ask a court to compel a local agency to disclose the records.'3' Any person who prevails in enforcing his or her rights under the Act in court is entitled to receive court costs and reasonable attorney fees.'e Courts have deemed a person to be the "prevailing party" for purposes of awarding costs and fees if fling of the lawsuit motivated the local agency to produce any documents.'9 The production of just one document can be sufficient to trigger an award of costs and fees.' 0 In the past, where the court determined the litigation was not what ultimately motivated the release of records, costs and fees were denied.11 One court held that an award of attomey's fees was appropriate even though no additional records were produced os a result of the Iawsuit.142 The local agency in that case had repeatedly refused to accept a requester's oral request to inspect public records and forced the requester to make her request in writing, constituting a general denial of access to all public records and justifying an award of attorney's fees under the circumstances. XII. CONCLUSION This Handbook provides a brief overview of some of the most important provisions of the Public Records Act that frequently arise for local government agencies. There are, however, many other provisions not covered by the scope of this Handbook. Additionally, each factual situation contains nuances specific to the particular situation that may impact the analysis. Because it is important to comply with the Public Records Act within a relatively short time frame, it is critical to seek the advice of counsel if there is any question as to the appropriate course of action. 734 County or Santo Coro v Superior Court (Nay rnw ), 171 Cot App. 411, 119 134 ►6 Dist 20091. t 37 Gov't Code § 6258. 738 Gov't Code § 6259(d( . I>• Los .npsees Tithe v Alameda Cor OO, Tronsponohon Au►Npny. 88 CoL App. Ott+ 1381, 1391 (2 Del 20011: Ropers v Superior Cote. 19 Cat App. 4th 469. 482 (2 Dust. 19931 1173 Los Answers rmtes. 88 Cat_ Ape). 41h 01 1392 1411c1 o11391: Crews v Mows Unified School Defect. 217 Col. App. 41h 1368. 1381-82 (3 Desi. 2013). 142Galbis° v Co,rPubic Lifer District. 167 Col App. 4th 1063. IO86.1089 (5 Desi 2008] Pubic Records Act C 2017 Richards wa►son 8 Gershon 2049629 POs, 28 PART TWO. ELECTRONIC RECORDS Pubic Records Act O 2017 Rbcttores. wotson & Gershon 2049649 Pape 29 Part Two: Elecironic Records ELECTRONIC RECORDS Advances in computer technology have significantly altered the method of communication with and between public officials and employees, but technological developments have outpaced the legislation. Email, electronic documents created on word processors, and web pages do not readily fit into the categories of disclosure under decades -old laws. The courts have had to fit the round peg of electronic documents into the square hole of state law on several occasions. In Aguimatong v. California State Lottery. the Court of Appeal rejected a defendant's argument that the plaintiff's computer records "were not made at or near the time of the event" and therefore did not qualify as an admissible "writing" under the evidentiary rules for business records.,' The records were recorded on magnetic tape on the day the events of the case took place, but were not printed out until twenty-two months later_ The court concluded that the magnetic tape, not just the printout, constituted a "writing" under the Evidence Code: Chanquin cites no authority holding that the retrievol, rather thon the entry. of computer data must be mode at or near the time of the event. Thus, although to qualify as a business record the "writing" must be made at or near the time of the event, "writing" is not limited to the commonly understood forms of writing but is defined very broadly to include all "means of recording upon any tangible thing any form of communication or representation, including letters. words. pictures. sounds, or symbols, or combinations thereof." Evid. Code § 250. Here, the "writing" is the magnetic tape. The data entries on the magnetic tapes are made contemporaneously with the Lotto transactions, hence qualify as business records. The computer printout does not violate the best evidence rule. because a computer printout is considered an "original." Evid. Code § 255.'41 Similarly. in People v. Martinez, the California Supreme Court held that records from a state computer system of a defendant's prior criminal convictions were admissible as "official records" under the Evidence Code. 45 In an attempt to catch up, in 2002 the Legislature enacted Assembly Bill 1962, modifying the definition of "writing" under the Public Records Act and the Evidence Code to include "photographing, photocopying, transmitting by 143 Agurmatong v CQMorrvo State lottery. 234 Col. App 3d 769 (3 Dist. 19911. 144 Id. of 798 (emphosts 00000 .. 143 Peop4e v. Mpniner. 22 CoI. AIM 106 120001 Pubic Records ACt C 2017 R,chords wotson a Gershon 2049629 Page 30 Po„ Two: Elecvorrc Records electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof," and clarified that the definition applied "regardless of the manner in which the record has been stored." 'k The legislative reports cited to Aquimatang and Martinez to establish that the amendment was declaratory of existing law. The reports also observed that in an earlier case, o court of appeal stated that the definition of writing in the Public Records Act was "intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record-keeping instrument as it is developed_ Under the 2002 legislation, emails and other electronic documents are records subject to disclosure and present their own unique issues for local govemments. In 2009. the State Legislature enacted rules relating to the discovery of electronically stored information, similar to the rules enacted by the Federal Government in 2006. In 2006, the Federal Rules of Civil Procedure were revised to require parties in tederal lawsuits to address the production and preservation of electronic records.'' Under the 2006 Rules, a public entity should have an electronic retention practice and policy that ensures that electronic documents relevant to federal litigation are appropriately preserved. Rule 37 of the Federal Rules of Civil Procedure authorizes federal courts to impose sanctions on parties and their attorneys who fail to comply with discovery obligations and court orders. City websites. in turn, raise questions about public rights of access. websites are an important means of providing residents with access to information. An improperly framed policy on website use. however, could result in violations of the Brown Act, infringe upon residents' First Amendment rights, and even violate disability access laws. Consequently, it is important to establish clear policies governing website design and use. This Part 2 on Electronic Records will begin by discussing the types of email that are public records, and what exemptions under the Public Records Act might justify nondisclosure. Other unique issues raised by the use of email are also explored. such as emails sent or received by public officials and employees on nongovernmental accounts, email threads and the potential risk of using email to create an unlawful serial meeting under the Brown Act. We then look at the 146 Mors. 2002. c 945 (A.B. 1962—Hoingsworlh) (amending Gov't Code § 6252 and Evid. Code § 250) 147 Assembly Com lidee on Judioory. Report On AB 1962. May 14. 2002 Kitting San Gabnel Tribune v Suaenior Court, 143 Cal App. 3d 762. 774 11 Dist 19831) "le Foci RC,vP26. Pubic Records Act m 2017 Richards watson & Gershon 2049629 Page 31 Pori Two Eieckor.c Records Public Records Act requirements for disclosure of other types of electronic records, including Geographic Information Systems. The discussion then turns to other concerns roised by electronic records. including litigation discovery and metodata. We close with a discussion of city websites, including some of the legal issues that a public entity should consider when establishing and running a website. I. EMAIL Given that email can be a public record under Government Code Section 6252, in most circumstances a public entity is under an obligation to disclose email upon request. However, there are o number of complications, and despite AB 1962's attempt to respond to the changed method of communication, the bill provided nothing in the way of specifics. A. is the Email a Public Record? Under the Public Records Act, certain exemptions might apply to justify withholding an email. But a fundamental question - one that must be considered before determining whether an exemption applies - is whether the document qualifies as o "public record" of the local ogency. (1) Personal Messages Documents disclosable under the Public Records Act must be "prepared, owned, used, or retained by any state or local agency," and must contain information "relating to the conduct of the public's business. Although this covers a very broad range of documents. it does not cover every document. For example, emails on entirely personal subjects unrelated to local agency business would not relate to the conduct of the public's business, and therefore would not constitute "public records" under Section 6252.00 A harder determination is whether a personal email that only mentions o city issue in passing would relate to the conduct of the public's business. Recently the California Supreme Court held the determination whether a particular email qualifies as a public record, particularly for emails kept in personal accounts, will involve the consideration of a number of factors and may not always be clear.15i The court suggested examining the content and context of the email, the purpose for which it was written and to whom. and whether the email was 149 Gov't Code § 6252. 'So Ciy of Son Jose v. Superior Court. 2017 WI. 818506 of 3 [Col Mor. 2, 2017). I si id. Pubic Records Act 0 2017 Richards. Watson d Gersnor 2049629 Pope 32 Port Two; Electronic Records prepared by an employee purporting to act within the scope of his or her employment. ,u (2) Emails Sent of Received Using Personal Devices and Personal Accounts Staff frequently asks whether emails sent or received on a nongovernmental account {such as personal Gmail, Yahoo Mail, or Hotmail accounts), from a home computer or smartphone and which pertain to local agency business, qualify as a public record. The California Supreme Court recently decided this very issue. and held in a unanimous decision that the presumptive right of access of the PRA extends to emails sent or received on nongovernmental accounts used by local agency employees or officials that relate to the business of that local agency.;s3 In City of San Jose v. Superior Court, a request for 32 categories of public records was filed with the City of San Jose. four of those categories included emails and text messages sent or received on private electronic devices used by the mayor, two City council members, and their staffs.'si The City argued such emails were outside the reach of the PRA: both because the emails were not directly accessible to the City and thus did not qualify as writings "prepared, owned, used or retained" by the City under the Section 6252 definition of "public records." and because neither employees or officials are included within the governmental entities listed in the definition of "local agency," also found under Section 6252.'5.5 The Court found neither argument persuasive when considering the legislative intent of the PRA and the constitutional directive to a broadly construed right of public access.'' The California Supreme Court found no indication "the Legislature meant to allow public officials to shield communications about official business simply by directing them through personal accounts. }- The court did acknowledge the inherent balance that must be struck between the public's rights of access and an individual employee's or official's right of privacy. and sought to offer some limited guidance for how searches should be conducted for records sent or received on nongovernmental accounts that pertain to the public's business.' Foremost, the California Supreme Court stated it is the local agency itself that is in the best position to adopt policies that will reduce the likelihood of public IS? od mid. (0 '2. 1s+10. ot•i. IS$ a. 01.46. 15610. 01'5. 137a.ot•7. '1"a. at "9-10. Pubic Records Act C 2017 Rtchords Watson & Gershon 2049629 Poge 33 Pon Two. Ebc rorrc Records records being held in the private, nongovernmental accounts of local agency employees or officials that pertain to the public's business. 59 Barring such a policy, the court stated that a local agency's first step upon receiving a PRA request that implicates nongovernmental accounts should be to communicate the request to the individual or individuals in question.160 A local agency may then reasonably rely on those individuals "to search their own personal files, accounts and devices for responsive material."161 Citing both federal precedent under FOIA and a holding by the Washington Supreme Court under its state public records law, the California Supreme Court also discussed an employee or official submitting an affidavit that would give the local agency. requester. and ultimately the trial court reassurance that responsive records were appropriately searched on nongovernmental occounts.162 Such an approach must also strike "an appropriate balance" with the individual's right of privacy in their personal affairs.» The California Supreme Court's ruling in City of San Jose v. Superior Court is likely to hove far-reaching consequences for public agencies: however. a number of questions remain unanswered by the court's decision. Since the City of San Jose refused to produce any emails from a nongovernmental account in response to the original PRA request, disputes over the content of specific emails and whether or not they fall under the definition of "public record" will likely be decided in subsequent proceedings.'6• Similarly, the decision does not address at what point a suggested search in response to a PRA request would become an unwarranted invasion on the privacy of a local agency employee or official.'b} In responding to requests for communications sent or received on an individual's nongovernmental account, it is advisable to consult with your legal counsel. Our office is also avaaable to help draft policies that seek to reduce the Ikelihood that public records will be held in on agency employee's or official's private nongovernmental account, and how to conduct searches into nongovernmental accounts when necessary. B. Some Email may be Protected by the Deliberative Process Privilege or Mental Process Principle Emails differ from traditional printed documents: they may be prepared quickly and sent without proofreading, they may be conversational, or they may substitute for face-to-face or telephone communications. As recently described IOW. ol•10. 1601,1 16114. 16214 1630. IN b. 01.3. hold 01.9 PvbiC Records Acl C 2017 Richards. Wohor b Gershon 2049629 Page 34 POA Two Electronic Records by the California Supreme Court, "the ease and immediacy of electronic communication hos encouraged o commonplace tendency to shore fleeting thoughts and random bits of information, with varying degrees of import, often to broad audiences.".66 As a result, they often reflect preliminary ideas and concepts, and may be subject to the deliberative process privilege, which was mentioned earlier in the discussion on the Public Records Act.»6r Alternatively, the mental process principle may provide a bosis for withholding emails. Before applying the deliberative process privilege to emails sent to a legislative body member, you should familiarize yourself with the Brown Act requirements regarding disclosure, discussed below in Section G. The deliberative process privilege and the mental process principle are very similar, ane sometimes courts blur the distinction. Generally speaking, the deliberative process privilege is targeted of protecting from disclosure the decision making process of governmental agencies. Without that protection, candid discussion may be discouraged within an agency, thus undermining its ability to perform its functions.168 It is sometimes referred to as the "executive privilege,""4 but has been applied to records of both the executive branch (e.g., the governor) and the legislative branch (e.g., a City counci!),Im The mental process principle, on the other hand, appears to apply only to the members of an agency's legislative body when those members ore enacting legislation. and protects from disclosure those records that would allow an inquiry into the "subjective motives or mental processes of legislators." ri The deliberative process privilege uses a balancing test, whereas the mental process principle does not, making the mental process principle exemption less subjective. , r (1) Deliberative Process Privilege Although the Public Records Act does not expressly contain a deliberative process exemption, the California Supreme Court held in 1991 that public records may be withheld on deliberative process grounds.,r3 The deliberative process priviege arises under the "catch-all" exemption contained in Section 6255 of the Government Code. Under the "catch-all" exemption. a public agency may justify nondisclosure by showing "that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs 166paot•3. 167 See pages 21-24 of Irni Handbook, I44Junes Mirror Co. v Superior Court. S3 Cal. 3d 1325, 1342 (1991) . 169 Setter's ROC* v..Supena Coot, 161 Cal. App 4th 1370. 1378 (6 Dist 20091. 170 Times Minor Co 53 Cal 3d at 1325 (governors colendan and schedule): Rapers v 469 r2 Dtst. t 993) (City Council phone records). 1 F1 Salters Place. 161 Col Apo. 41,101 137?. ono. 1 n Times M+rror Co., 53 Col. 30 at 1325. Super or Court. 19 Col App. 4111 PubjC RQCd'ds Act C 2017 RtChordS Watson d Gersnon 20.49629 oove 35 Port two: Electronic Recalls the public interest served by disclosure of the record." To apply the deliberative process privilege: • First, consider whether the record falls within the scope of the privilege. Generally. records that are predecisional and deliberative (opinion) fall within the scope, but some courts have not strictly applied a predecisionol requirement and have permitted purely factual material that exposes the deliberative process to fall within the privilege." • Second. identify the public interest served by nondisclosure of the record. Four public interests that have been identified by the courts are: (1) Protection of the agency's decisionmaking process so that candid discussion within the agency is not discouraged;' (2) Protection of certain limited communications with members of the public to ensure that the local agency receives the information it needs to make decisions and otherwise function;" (3) Protection against confusion caused by premature exposure of the public to internal agency discussions before a policy is finalized:'" (4) Protection of the integrity of the decision-making process itself by confirming that "officials should be judged by what they decided, not for matters they considered before making up their minds." ,>e • Third. identify the public interest served by disclosure of the record. Courts have emphasized that a primary benefit of disclosing a local agency's records to the public is to promote government accountability. The public and the media have a legitimate need to know whether government officials are performing their duties in a responsible and diligent manner. '9 "Such access permits checks '7' Rogers. 19 CoI. App 4M or 479 hslecling o preoecrsianal requirement and wrimalding tom disclosure pure tocrs tho t 6. telephone numbers cased by stiff and City council membersl. US rimes Manor Co.. 53 Col 3d at 1313. 176 C at 1344 [disclosure of Governor's schedule and appointment calendar would "chill Me flow of mlormation" to the Governor and inhibit the free exchange of ideas r pnvote meetings(. I" CoMomia Firs? Amenamenr Cootton v Superior Court. 67 Cot App. 1M 159, 170 (3 Def. 1999). Ira 1d. (inferno, quofofians and GIQMOns omltsedl . I>9 Arne, Mirror Co.. 53 col 3d of 131.5 Pubbc Records Act G 2017 Richards. Wotson & Gershon 2049629 Page 36 Port two: Electeruc Records against the arbitrary exercise of official power and secrecy in the political process." 18° • Fourth. balance the two and withhold the record from disclosure only if the identifies! Public interest justifying nondisclosure "clearly outweighs" _the cublic interest justifying disclosure. In balancing the scales, the weight of an identified public interest in disclosure is "proportionate to the gravity of the governmental tasks sought to be illuminated and the directness with which the disclosure will serve to illuminate." s, Because the public interest in nondisclosure must "clearly outweigh" the public interest in disclosure, if the interests are just about equal. the scales tip in favor of disclosure. In Caktomia First Amendment Coalition v. Superior Court (Wilson). the plaintiffs sought disclosure of records containing the names and qualifications of applicants for a temporary appointment to a local board of supervisors. m The Governor's office looked extensively into the applicants' backgrounds to determine whether they were qualified for the position. The court upheld nondisclosure of the records under the deliberative process privilege_ It reasoned that if the deliberative process privilege did not apply, the Governor would never be able to perform background checks, which is an essential part of selecting an applicant for a government position In balancing the interests, the court concluded that the public's interest in disclosure of background information revealed in confidence by unsuccessful applicants was not significant and that the public interest in learning about the successful applicant's background would be satisfied after the appointment.'tu The First Amendment Coalition case shows that the deliberative process privilege can apply to communications where the public interest in disclosure of deliberations prior to a decision is not significant and the outcome of those deliberations is a matter of public knowledge. For instance. the public could ultimately learn a council member's views about an item the City council is deliberating by attending the public meeting on the item. In such a case. emails discussing preliminary ideas and concepts about the item may be subject to the deliberative process privilege. Another example is provided by Times Mirror Co. v. Superior Court ms In that case, the Los Angeles Times sought copies of the governor's appointment 'ID COS v. Bloch 42 Col 3d 646 651 (19961 'I' Citizens ror o Better Errvoonrnenf v. Deportment or Food & Agriculture, 171 Col. App. 3d 704.715 13 Dict. 1995). 'I2 CaIforrro Fint Amendment CoaffM0n. 67 Cat App. 41h of 159 lin b. at 171-72 (quoting Times MirrorCo.. 53 Cot 30 1325. 13451. 'I•b at 173-74. '65 rimes mirror Co . 53 Cat 3d at 1344. Pubic Records Act O 2017 Richards Watson & Gershon 2049629 Page 37 Poe Two. Dec Ironic Records calendars and argued that "in a democratic society, the public is entitled to know how [the Governor] performs his duties ."'66 Disclosure of who the Governor meets with reveals who is influencing his decisions. The Governor argued disclosure of his calendar would reveal his deliberative process, and could discourage certain people from meeting with him. In balancing these interests, the California Supreme Court concluded that nondisclosure was justified, reasoning that "if the public and the Governor were entitled to precisely the some information, neither would likely receive The court added that the "massive weight" of the request (five years worth of calendars), outweighed whatever merit there was in favor of disclosure. The court noted, however, that there may be circumstances under which the public interest in specific information is more compelling, and such a specific, focused request might tip the scales in favor of disclosure.'eB Courts have emphasized the need for evidence in order to satisfy the local agency's burden of proof. In Citizens for Open Government v. City of Lodi, the City of Lodi withheld from the administrative record emails between City stuff and the City's consultants regarding preparation of a revised EIR.189 Citizen groups sued, challenging in part the administrative record. Lodi argued the emails were exempt from disclosure pursuant to the deliberative process privilege because disclosure would hamper "candid dialogue and a testing and challenging of the approaches taken. 9' The Court of Appeal disagreed, finding that Lodi had failed to establish the conditions for creating the privilege, Lodi had done nothing more than cite the policy behind the deliberative process privilege without explaining why the facts in this particular case justified invocation of the privlege. However. because the Court of Appeal was deciding the case under the California Environmental Quality Act ("CEQA"), and not the Public Records Act, the Court found there was no prejudice and refused to reverse the lower court's ruling. In comparison, the public entity in Humane Society of the United States v. Superior Court, provided detailed declarations from employees and experts explaining why disclosing certain research documents would harm the research process.191 The Humane Society sought disclosure of certain records and communications related to the preparation of a study by the University of ,8441 ' ' a. o1134s. lei Id. at 1345-1346. '49 Citizens for open Government v City of Lod 20S Col. Apo 4th 290 13 Dist. 20121 ILodi"1. 1901d. ot 307. 191 Humane Society of the United States v. Superior Court (Regents of the Unvenity of Caifonlia. real pa't,es in rnteresfl. 214 Cal App. 4111 1233 r3 Dat 20131. Pubic Records Act Q 2017 Richards. Wohon & Gershon 2049629 Doge 38 Pat Two: Electoruc Records California involving housing of egg -laying hens, and the University claimed various privileges including deliberative process. The detailed declarations of the research project director submitted by the University seemed to sway the court; the court quoted them at length in the decision.192 One declaration explained how researchers at the University tried new ideas and approaches, frequently brainstorming by email, using shorthand expressions of incomplete thoughts. To be efficient, the researchers did not keep detailed records of how they communicated. and some lines of inquiry that began in emaa were further discussed and dismissed as part of hallway conversations. Because of that, much of what they said in emails would be easily misinterpreted. Additionally, mistakes along the way are part of the research process. The quality and quantity of work would be stifled if researchers were aware that their informal communications would be made available broadly. While the Humane Society tried to characterize the declaration as mere speculation, the court credited the declarant as on expert in the field, giving the declaration great weight.143 In balancing the public interests, the court concluded that disclosure of the emails "would fundamentally impair the academic research process." Given the pervasiveness of email today. the deliberative process privilege seems well-suited to protect predecisional email communications from disclosure. Nevertheless, California courts have approved the use of the deliberative process privilege sparingly, and require local agencies to provide particularized factual evidence in support of its use. Prior to invoking this privilege, it is advisable to consult your legal counsel. (2) Mental Process Principle The Public Records Act exempts from disclosure those records that are exempted or prohibited from disclosure pursuant to federal or state law.,' Under California state common law, a court is prohibited from inquiring into the motives or subjective mental processes of legislators in enacting a particular piece of legislation except as those motives may be disclosed on the face of the legislative acts, or inferred from their operation." This "mental process principle" permits a local agency to withhold public records that would reveal the mental processes or subjective motives of its legislative body members when they are acting in a legislative capacity. Unlike the deliberative process Ind. of 1241-1244. Igo Id. al 1258. 191 Gov't Code § 6254(k). 193 Sutter's Place. 161 Cal. App. 4111 at 1375. Pubic Records Act 2R 17 Richards. Watson & Gershon 2049629 °age 19 Part two. Elec►onc Records privilege, which relies on balancing test.196 records reflecting the "mental processes" of legislators are not subject 10 a balancing test. 97 applicable circumstances, the mental process principle may be used to justify nondisclosure of emails of legislative body members, such as City council members. For example, emails sent or received by a City council member could arguably be withheld under the mental process principle when they: (1) discuss the reason the member voted for or against a particular ordinance, (2) involve the gathering of information on which the member based their legislative decision. or (3) expose the motives for the member's vote on a legislative matter. C. Exception for Notes. Drafts and Interagency/intro-agency Memoranda The deliberative process privilege may help a local agency keep sensitive emails from public disclosure, but a far more effective tool is to simply have a policy in place to regularly purge intra -agency or interagency emails that are not subject to the local agency's records retention schedule. Under the Public Records Act. "[p)reliminary drafts, notes, or interagency or intra -agency memoranda that are not retained by the public agency in the ordinary course of business" are not subject to disclosure.19e A written policy of deleting emails more than 120 days old (or some similar duration) would help establish that emails are not retained "in the ordinary course of business." A software modification that automatically deletes older emails would ensure that they are not retained, provided staff is notified of the pending purge and takes steps to retain those emails that, based on their content. must be retained under the local agency's records retention schedule. There are a few caveats, however. First, note that deleting an email is not the end of the story. Popular email programs such as Microsoft Outlook have "deleted items" folders that retain messages for a time after "deletion," in order to give the user an opportunity to "undo" an accidental deletion. If o local agency received a request for an email that had been deleted, but was still on the computer in the "deleted items" folder, it technically would still be in the possession of the ogency and may be subject to disclosure. To eliminate this potential issue from arising, an agency must ensure that the deletion becomes final and irreversible. If the agency desires or is required to save a copy of 'O* Gov't Cone y 6255. 197 See Times mime CO.. 53 Col 3d at 1339 nn.9-10 (noting that these records ore exernp, under the mental process pnnoPle through operation Or Section 6254(k11. tit Gov't Code 5 625401 FOr 0 discussion on the conditions that must be met to untie Section 6254101 see Doges 11-12 of the Mondbooti. Pubic Records 4cI O 2017 Richards. Watson b Gent+on 2049629 Page 40 'art Two. Electors Records certain ernails. then it should print and file such emails, or store them electronically in a location that is not subject to automatic purging. Second, note that the Section 6254(a) exemption is not absolute. The full text of the exemption provides that drafts. notes. and inter/intra-agency memoranda are nondisclosable "provided that the public interest in withholding those records clearly outweighs the public interest in disclosure." Accordingly, even emails "that are not retained by the public agency in the ordinary course of business" may be subject to disclosure, if the records were not deleted prior to receipt of the Public Records Act request, and a reviewing court concludes that the public interest in disclosure is not "clearly outweighed" by the interest in nondisclosure. This is a significant hurdle for a public agency to overcome. D. Additional Exemptions that may be Applicable to Email In addition to those described above, there are a number of other exemptions that may be applicable to emails exchanged between employees or officials of a public agency. For example, emails to and from legal counsel may be protected by the evidentiary privileges recognized under Section 6254(k): certain personal financial data may be exempt under Section 6254(n): and personnel and medical files may be withheld under Section 6254(c). The same care should be used in reviewing responsive emails as any other material that may be subject to disclosure. and Part One. Section IX (What Public Records are Exempt from Disclosure under the Public Records Act?) of this Handbook should be consulted for additional information. Pup1c RacpQs Acl O 2017 Richards. Wohon 8. Gershor 2049629 Page 4 Poli two fix Ironic Rmcctds E. The Problem with Threads Emails elicit a response. The respons multiple people received the message common. And, in all of those responses. the original message is typically quoted. either in part or in full, generating a "thread" of messages. The question necessarily arises, when there is a thread of 20 messages. and one of them is responsive to a public records request, must the other 19 messages also be produced? For example. o resident makes a request for all emails discussing the possible construction of a new library and locates the following thread: Only the oldest two messages (sent at 12:00 and 12:05) refer to the study session on the librory construction. The rest of the messages are on a different topic. a topic that may be politically sensitive. Nevertheless, all of the responses to the original message included a copy of the original message and every message that followed it. and so they all contain a reference to the library construction. As a result, it would be difficult to argue that only the 12:00 and 12:05 messages should be disclosed if this is the only copy of the email available. On the other hand. if an earlier version of the email containing only the oldest two messages is available, a local agency could argue that the thread containing all five messages may be withheld. So long as the earlier version of the two responsive emails is disclosed, the email discussing employee compensation is only a duplicate of the oldest two messages. The subsequent messages ore not responsive to the request. The Public Records Act does not require disclosure of all duplicates of a responsive record. Keep in mind. however, two important considerations. Fust, whie one appellate court has ruled that non-responsive information may be redacted from emails exchanged between two agency employees, if challenged in court, a public agency will e typically elicits another response. If . responses from all of the recipients are grioinal From: to: Date: Subject: MP44aoM city Clerk Joe Employee. lane Employee, city Manager .Aril 2, 2007 12:15 p.m. RE: Question more money and lots more money. pr i ji i nal ,eeysaoe From: City manager To: )oe Employee. )ane Employee. City clerk Date: April 2, 2007 12:10 p.m. Subject: RE: Question I didn't know we were discussing compensation. what are the proposals? Qriuinal Pipmage From: City Clerk To: Joe Employee, lane Employee. City Manager Date: April 2, 2007 12:05 p.m. Subject: RE: Question 7 think the study session on the new library is next month. It will be at the same meeting as we discuss Council compensation. Qrioinal from: TO: Date: Subject: MessaDC Joe Employee lane Employee. City Clerk. City manager April 2, 2007 12:00 p.m. Question Do you know when the Council is going to have a study session on possibly constructing a new library? Pupil Recaras ACF C 2017 Ricncxds Wa hon & Gershon 2049629 Page 42 Pad Two: Electronic Records have to explain in detail the information that was redacted.'99 Second, in litigation, o different standard may apply and diversions of the email may have to be disclosed. One way to avoid the problem is to configure email so previous messages are not quoted in replies sent by staff. Under the example above, if the local agency did not allow quoted messages in replies, the first two messages mentioning the library construction would be disclosed as "stand-alone" emails, but the later messages regarding compensation would not because they would no longer be integrated into the prior emails. Accordingly. a city should balance its concern in avoiding unwanted disclosures against the usefulness of having on entire thread available, and may wish to consider configuring email programs to eliminate quoting emacs in replies. F. Risk of Serial Meetings Beyond the Public Records Act concerns, the use of email presents a significant opportunity for "serial meetings" prohibited by the Brown Act. A serial meeting is a series of meetings or communications not held at a noticed. public meeting in which ideas ore exchanged among a majority of a legislative body drectly or through intermediaries to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body,"Th In the past, the Brown Act specifically forbode the use of technological devices to conduct those communications, In interpreting the prior version of this Brown Act provision. the California Attorney General opined that email is one of these "technological devices."20' The Brown Act provisions regarding serial meetings was amended effective January 1, 2009, and the phrase "technological devices" was removed when the provision was revised. It is unlikely that the legislature, in omitting the phrase 'technological devices," intended to exclude email. The primary mechanism for creating serial meetings via email is through the use of "reply all." For example, if a public employee sends an email to an entire City council, and then one of those council members' replies to the entire list of recipients, then a communication would have taken place between a majority of the City council. If the purpose of the council member's reply was to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." the communication would constitute a serial meeting in violation of the Brown Acta? Accordingly, public officials must endeavor to use "reply all" sparingly, if at all. A "reply all" congratulating a r99 American Civil liberties Union of Northern Coifdrnia v Superior Court. 202 Cal App. 4In 55 7887 11 Dist. 2011; 200 Gov' I Code § 54952.2(b)11 I- 2°1 81 ops. Cal. Atry Gen. 30 12001) 202 Gov't Code S 54952.21b1(11 Pubic Records ACr C 2017 Richards. watsor, & Gersr-or.. 2049629 Page 43 Port TWO. Ebctror c Records council member for receiving an award would be permissible; a "reply all" expressing an opinion about an issue within the subject matter jurisdiction of the City council would not, G. Disclosure Requirement's for Documents at Meetings Although the deliberative process privilege may apply to many emails, note that even that privilege is unlikely to apply if an email concerns an issue under consideration by a legislative body and a majority of the body receive the email. The Brown Act states that notwithstanding the "catch-all" exception in the Public Records Act, "or any other law," any writings distributed to a majority of a legislative body in connection with a matter subject to discussion or consideration at on open meeting of the body are disclosable.xo The statute goes on to clarify that it does not overrule the exceptions for drafts, documents related to pending litigation, personnel files, medical files, and a number of other exceptions, but it does expressly overrule the "catch-all" provision on which the deliberative process privilege is based. Note that Section 6254(k), under which the mental process principle is applied, is not overruled by the Brown Act, and still would be applicable. Unlike records disclosable under the Public Records Act. which gives public entities ten days to respond to a request and additional time to produce the documents, a public agency must produce documents under this section of the Brown Act "without delay."20. In addition, if the email is created by the public agency or a member of the legislative body, it must be made available for inspection of the meeting. o' Emaiis not drafted by the public agency or its legislative body must be mode available after the meeting. This is particularly relevant to emails sent to council members on smartphones. iPads and similar devices, given that a council member could potentially send an email to other council members while a meeting is going on. Under this section of the Brown Act, an attentive member of the public could insist that they be provided o copy of that emaa, at the meeting, if the council member sent it to a majority of the other council members. Accordingly, members Of a legislative body should consider carefully the consequences of sending an email via smartphone, iPad or other device at a public meeting prior to doing SO. The informality of emails makes them particularly prone to statements that would not be put into conventional written documents. The only certain means of 203 Gov't Code § 54957.5. m'' GOY' 1 Code § 54957.5101. 205 Gov't Code § 54957.51c1 Pubic Records Act 02017 R.chordt Watson b Gershon 2049629 Pari Two: Ebctonvc Records avoiding unwanted disclosure. of course, is simply not to write the email in the first place. 1I. DOCUMENTS CREATED USING WORD PROCESSORS. GIS AND OTHER SOFTWARE A. Disclosure Requirements (1) Public Records Act Electronic records are subject to disclosure under the Public Records Act pursuant to Section 6253.9 of the Government Code. A public agency that has information constituting a public record in an electronic format must make that information available in electronic form upon request.206 An agency is not required to reconstruct an electronic record if it is no longer available in that formot. °' An agency may inform o requester that a requested record is available in electronic format. but the agency is prohibited from adopting a policy of only making information available in electronic format.m8 On the other hand, not every piece of data stored on a computer readily fits the definition of "record." Unlike word processing documents. information stored in a database or a spreadsheet. for example. may only be displayed in response to the user's entering a formula or query. For such data, there are special statutory provisions. With conventional (printed) documents, the public agency may only charge for the direct cost of duplication. not including stoff time to research, retrieve or compile the records.709 For electronic records, however, the agency may charge the full cost of reproducing the document, if the record is one that is produced only at otherwise regularly scheduled intervals, or the request would require data compilation, extraction, or programming to produce the record.7lD Many public agencies now possess Geographic Information Systems ("GIS") that allow them to collect, manage and analyze large volumes of geographically referenced information, Whether this electronic information is a public record that is subject to disclosure has been the subject of controversy, mainly because public agencies have charged licensing fees to businesses that wanted a copy. Public agencies hove argued that the monies recovered from those licensing fees are necessary to support the development and maintenance of the GIS. Boa Gov't Cafe § 6253.9101 10? Gov't Code § 6253.91cI Zoe Gov't Code § 6253,91d1. fel. 204 Gor'l Code § 6253(b1- ilo GOv'r Code § 6253 9(b) Pubic Records Act C 2017 Richards. watson b Gershon 2049629 Port two: backanic Records In 2013, the California Supreme Court disagreed with that argument. In Sierra Club v. Superior Court, the Court held that a GIS -formatted database is a public record that. unless otherwise exempt from disclosure, must be produced upon request and the local agency may only charge the actual cost of duplication./r The County of Orange had argued that its GIS database was not a public record. The court disagreed that Section 6254.9 excluded from the Public Records Act's disclosure requirements a GIS database, and concluded that, because the County had not claimed any exemption to justify nondisclosure, the County of Orange could only charge the direct cost of duplication tor its GIS database. Note, however, that the California Supreme Court was careful to distinguish the database from the software - the mapping system itself was exempt from disclosure under another provision in the Public Records Act.212 The statute expressly exempts computer mapping systems, computer programs, and computer graphic systems, and states that nothing in the statute is intended to limit any copyright protections. Accordingly, a requester may not seek to obtain the software that creates the records, only the records themselves." The Public Records Act not only exempts computer software as discussed above, but also a public agency's information security record, if that record has the potential to reveal vulnerabilities or otherwise increase the possibility of an attack on that public agency's information technology system.?14 However, a bill signed into low in 2015. adding Section 6270.5 to the Public Records Act, requires local agencies (except local educational agencies) to create a catalog of "enterprise systems," that must be publicly available on the local agency's website by July 1, 2016. An enterprise system is defined as a "software application or computer system that collects, stores. exchanges and analyzes information" used by the local agency as a system of record, and acts either across multiple agency departments, or collects information about the public.215 While Section 6270.5 requires o city to list these enterprise systems as defined, it does not require a city to disclose the information collected. stored. exchanged and analyzed by the software application or computer system if that information is otherwise exempt under the Public Records Act. Further, o number of enterprise systems may be excluded from a local agency's listed catalog, such as systems related to 911 dispatch or emergency services, information technology security systems (including firewalls and other 21/ Sono Club v Superior Court. 57 Col 4th 157 (20131 212 Gov't Coda § 625.4.9 (-Computer sokwore developed by a state or tocol ogenc' is not its.' 0 pubes record under this choptor.'1. 2t3Sielto Club. 57 Cot. 4111 at 170-171: see also Gov't Code § 6254.91b1 2t1 Gov't Cod. § 6254.19. 715Gov '1 Code 6270.5(c)(1) Pubic Records AC1 2017 Richards, Watson & Gershon 2049629 Page 46 Port two E1eCxoriC Records cybersecurity systems) and infrastructure and mechanical control systems (for example, systems that manage water or sewage functions)..18 (2) Federal Rule 26 In 2006, revisions to Rule 26 of the Federal Rules of Civil Procedure took effect that requires parties in federal court to address the production and preservation of electronic records during the discovery phase of litigation. These rule changes do not require a local agency to alter its routine management or storage of electronic information. They do. however, illustrate the importance of having formal written rules for retention of potentially relevant records and data when litigation occurs. It is firmly established that a duty to preserve evidence arises from the moment litigation is "reasonably anticipated."?1' Once the duty to issue a legal hold is triggered, the party "must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of relevant documents,"71e Discovery is the process by which parties involved in litigation in either state or federal courts obtain information from other parties. Under Rule 26, parties in a federal lawsuit may obtain discovery regarding any matter that is relevant to a claim or defense. so long as it is not privileged. According to Rule 26(a) what can be discovered includes "documents." "tangible things," and "electronically stored information," which is broadly defined as "any type of information that is stored electronically." The 2006 changes to Rule 26 alter discovery in four major ways: o. Penalties (sanctions) on parties are now limited for electronic information lost in good faith as a result of the routine operation of computer systems, such as purging or overwriting information; b. Parties must address electronic discovery issues at the beginning of litigation, including the form in which electronic information will be produced to the other party, the preservation of electronic information, and claims of privilege for electronic information; X14 c. Parties must produce relevant information from electronic sources that are "reasonably accessible" but may not have to produce information from older or backup systems if it imposes an undue burden or cost. The requesting party can, however. overcome a showing of undue burden or cost if they can establish "good cause" for doing so: and 210 See pones 1 73-1 24 011Ms HOAdbook. 217 Zubuk]ke v. UBS Worbig. LLC 729 F R . 422. 431 (S.D.N.Y. 2004}• 2141d of 432 accord re re NopsMr 1rtC. Copyright Ling„ 462 f. Supp. 20 1060, 1070 N.D. Cd. 2004 219 Fed R Cry P_26(f((3)lC1. Pubic Records ACI 0 2017 R)Chords. wo hon & Gershor 2049629 Page 47 POn TWO ElectOnic ROCOrai d. Privileges are retained for documents inadvertently disclosed. Such documents may be recalled by the disclosing party. In such cases, the privilege is not waived. The discovery rule changes do not require a local agency to alter its routine handling of electronically stored information prior to when litigation can reasonably be anticipated. The drafters of the rules recognized that electronic information might be routinely altered. purged or overwritten as part of a system's operation. Under the 2006 revisions to Rule 37(f), the routine purging of outdated electronic information, including the "alteration or overwriting of information...to meet the party's technical and business needs" continues to be permissible, so long as it is done in accordance with other laws, such as the records retention laws in Government Code Sections 34040-34090.8. These sections permit a city, for example. to destroy certain city records that are "no longer required" and are more than two years old if authorized by a City council resolution and the written consent of the City attorney. Records that may not be destroyed include: real property title records, court records, records required to be kept by statute. records less than two years old, and the minutes, ordinances, or resolutions of the legislative body. City board, or commissions. However, once litigation can be reasonably anticipated, a local agency has a duty to preserve potentially relevant information for discovery. In some cases, the local agency may hove to suspend the routine operation of its information systems in order to preserve information potentially relevant to the litigation. In such cases, it must act in good faith and not sit idly by while potentially relevant information is purged from its systems: "(t]he good faith requirement of Rule 37(f) means thot a party is not permitted to exploit the routine operation of an information system to thwart discovery obligations by allowing that operation to continue in order to destroy specific stored information that it is required to preserve ."221° These rules on document preservation highlight the importance of having a written document retention policy. A written policy will show what operations ore routine. This will help protect a local agency from sanctions if litigation occurs and allow its attorneys to discuss its routine computer operations with the court and other parties. Such a policy should set specific limits for how long information is retained and specific procedures for the routine destruction of electronic data. The policy should also address the steps that the agency will take to preserve potentially relevant information when litigation is reasonably anticipated. These policies should be in accordance with Government Code Sections 34090-34090.8 and any other applicable laws goveming the preservation of city records. fed R Caw. P 37(1) Advecry Committee Note Pubic Records Ad 42017 Rschordi wo+son & Gershon 2049629 Pae 48 Poli TWO ( c rtiC ReCordf The other discovery rule changes further illustrate how a written policy will aid a local agency in litigation. When litigation begins in federal court. Rule 26(f) requires the parties' lawyers to confer about "issues relating to disclosure or discovery of electronically stored information." No part of electronic discovery is more important for determining the scope of the preservation obligation than the pre -scheduling conference meet and confer provided under Rule 26(f). Rule 26(f) explicitly directs the parties to discuss the form in which electronic information MI be produced, how it will be preserved. and how to address claims that certain information is privileged. The pre -scheduling conference meet and confer can be the single most important factor to reduce costs and burdens of discovery. In order for a local agency's counsel to be prepared to discuss these issues, the rules note that it is "important for counsel to become familiar with those systems before the conference." In some cases. counsel may have to identify and interview individuals with special knowledge of the agency's computer systems. Rule 26(b) requires the parties to identify whether "reasonably accessible" electronic sources con provide all of the relevant, non -privileged, information. Parties will need to distinguish these "reasonably accessible" sources from those that are not "reasonably accessible" because of undue burden or cost. Examples of information that might not be reasonably accessible include: • deleted items. • fragmented or damaged data, • information kept on some back-up tape systems for disaster recovery purposes, and • legacy data remaining from systems no longer in use. Under Rule 26(a), the parties must produce all of the relevant, non -privileged information from the "reasonably accessible" sources within 14 days of the initial conference during the "initial disclosure," a requirement unique to federal court where relevant information is disclosed at the outset of the civil discovery period. Discovery from sources that a party deems not "reasonably accessible" can still occur if the requesting party can show that there is no undue burden or cost or upon a showing of "good cause." Once discovery begins in federal court a local agency must now be prepared to explain how their electronic information systems work, which systems contain information potentially relevant to the litigation. how those systems are accessed, and the costs of accessing archival or older systems. Having a written policy in ploce will reduce the costs and staff time associated with Pubic Records Act 02017 Richards. earsor+ & Gershon 2049629 Page 49 Port Iwo Ebctror.c Records complying with these discovery rules. It will also aid staff in familiarizing themselves with the operations of the agency's computer data and storage systems as well as any external storage and backup systems, and in explaining these operations to agency counsel and opposing parties. Finally, having a written policy will minimize the likelihood of destroying discoverable materials and thus dramatically reduce the chance that an agency will be hit with discovery sanctions during litigation. Taken together, the changes to the federal discovery rules make it advisable for a local agency to put in writing its procedures for managing electronic information. In Tight of these rules and obligations and as o first step to forming or maintaining an already -created written policy on electronically stored information, public agencies should review their operating systems to ensure they understand how electronic information is currently stored and retained. In addition, public agencies should examine their data recovery systems and archival data to determine the type of information contained in these systems, and to understand the costs associated with retrieving such data. Agencies should also regularly review their written policies once implemented to ensure that they remain up to date as new technologies and systems reploce old ones. (3) AB 5 Amends the California CMI Discovery Act to Establish a Process for Electronic Discovery in State Court In 2009, the California Legislature adopted federal -style procedural rules to permit the discovery of electronically stored information in state court cases following the 2006 amendments to the Federal Rules of Civil Procedure. Electronically stored information is broodly defined by AB 522, as any information that is stored in an electronic medium including, e-mails, documents. spread sheets and any other information stored in computers and other electronic devices.m These rules make the creation of the above-mentioned written policy on electronically stored information just as applicable to state court litigation as federal court litigation. Similar to the Federal Rules, a safe harbor exists for spoliation caused by "routine, good faith operation of an electronic information system."223 AB 5 specifically provides that a court shall not impose sanctions on a party for failing to provide electronically stored information that has been lost, damaged, altered or overwritten as the result of the routine, good faith operation of an electronic 221 See Code of Cry Proc. §§ 1985.9. 2016.020. and 2031.010 et sea 227 Code of Civ. Proc. § 2016.020(e). 223 Code or Civ Proc. § 2031.320(dJ. Pubic Records AGI 0 2017 Richards Watson & Gershon 2019629 Page 50 Part Two Electronic Records information systems' Accordingly, public agencies should ensure electronically stored information is retained or deleted only in accordance with the adopted policy. Agencies should thus train employees to make sure the document retention policies are appropriately followed of all times.ns Further, as with federal court litigation, once state court litigation is reasonably anticipated, public agencies have a duty to stop automatic destruction processes and preserve potentially relevant electronically stored information in the format in which it currently exists, notwithstanding the normal document retention policy that might otherwise permit destruction. In the event litigation is reasonably anticipated. public agencies should ensure that "litigation holds" are applied to electronically stored information potentially relevant to the litigation, so that it is not deleted, whether intentionally or by automatic computer processes. The retention of information that may be potentially relevant to anticipated litigation should also be o part of the agency's written policy on electronically stored information. When instituting a legal hold, or responding to discovery requests in litigation, attorneys and clients must work together to understand how and where electronic documents, records, and emails are maintained and to determine how best to locate, review, and retain responsive documents. 8. Metadata Word processing documents most readily fit the definition of 'record," and they also present the greatest potential for inadvertent disclosures. A modern word processing document is comprised of far more than simple words on a page. Microsoft Word documents typically contain information about the author or editor, the author's organization, the time the document was created, modified or accessed, the amount of time spent editing the document. and even what earlier versions of the document looked like. This "metadata," which literally means data about data, is automatically attached to documents by modern word processors For instance, some metadata appears in Microsoft Word under the "Home" menu, by selecting "Properties." 224 Code of Civ. Proc. g 2031.0600)11 I 225 Code of Civ Proc. § 2031.060(0 (21. Pubic Recpc s Act 0 2017 Richards Wohon & Gershon 2049629 Page 51 Pari Two. Electonic Records Although metadata can be useful information, it can also result in unwanted disclosures. For instance, as the dialog box above shows. Microsoft Word automatically inserts the name and company of the author of the document, and there are numerous other fields that can be filed in. If a local agency does not want this sort of information disclosed as a general rule, the word processor should be configured to not record this information. More significantly, many word processors hove a "tracked changes" function. When public officials and employees work with multiple drafts of o document. especially when multiple people work on the same document. they frequently make use of a feature that highlights every change made to the document. That way, when a party to a proposed contract wants to delete a provision or insert a line, it is easy for the other party to see the change. It is simple to turn this feature on and off, but it is also simple to tum the display of tracked changes on and off, while still having the word processor keep track of the changes. As a result, it is not uncommon for documents to be transmitted electronically with changes tracked, without the knowledge of the author. If the author deleted a paragraph, the person reviewing the tracked changes could restore that paragraph. The implications become particularly significant if the author had deleted the text because it was deemed inaccurate or sensitive. Moreover, recall that drafts ore only nondisclosable if it is the public agency's policy to not retain them in the course of business. If a city routinely saves documents with changes tracked, then arguably it hos preserved the earlier drafts of the document. This could thwart a city's policy to avoid preserving drafts. Consequently, it should be common practice to remove any tracking from o document upon finalization, or better yet, to not use tracking in the first place. Similarly. most word processors have an "undo" button. which is useful for correcting typos or to recover inadvertently deleted text. Many word processors can "undo" a string of actions, and can even "undo" actions repeatedly until the document is a blank page. If a city official sends that document to someone making a public records request, the individual could click on "undo" repeatedly to see every step that the author took in drafting the document. This presents the same problems as with "tracked changes" - sensitive or inaccurate information thot the author meant to delete could be included in the metadata. Accordingly, in using word processors, public agencies should ensure that they are configured to eliminate the "undo" trail when a document is saved. In addition to all of the above strategies, there are several programs available that can remove metadata after a document has been completed, or at the time it is emailed. However, the use of such programs on documents that are PI,pic Records ACt C 2D 17 Richard Watson & Gershon 2049629 Page 52 Part Two Electrorti z Records subject to a public records request would be of questionable legality. Under the Public Records Act. a request for a public document must include the exact document, and on the face of it, stripping metadata from a document that is requested in electronic form potentially would violate this requirement/26 Depending on your document retention schedule, you may be able to strip metadata from some older documents upon archiving them, but deleting metodata from documents that the city is required to retain may violate document retention requirements. If the requester does not expressly ask that the document be provided in electronic format, the statute does not prohibit the agency from supplying it in printed form. Accordingly. a local agency may wish to adopt a policy of providing electronic records in printed form unless a requester expressly asks for an electronic version. and providing records in pdf format when requesters ask for electronic versions. If the requester expressly asks for the original document format, the City attorney should be consulted. It is unclear how the new federal electronic document discovery rules would apply to metodata. Rule 26 does not specifically address metadata, but the comment to the revision mentions metadata and states that "[whether this information should be produced may be among the topics discussed in the Rule 26(f) conference." Consequently, there is the potential for the disclosure of metadata in litigation, which further highlights the importance of establishing standard practices for creating and handling metodata. During litigation, it is often advisable to maintain sources of electronically stored information in native formats with metodata, to preserve the ability to produce the data if necessary. III. CITY WEBSITES With the rapid integration of the internet into American culture, a significant percentage of Colifomia cities now provide at least basic information about their government on city -run websites. Posting certain commonly requested information on a web page is a way to reduce the staff time necessary to respond to public records requests. City websites also provide a method to increase public participation in local government. such as more recent requirements for posting of public meeting agendas electronically. However. city website practices may have legal ramifications, and it is advisable for a city to draft and implement a policy on the permitted uses of its website to avoid violating legal restrictions such as those related to mass mailings and use of public funds for "express advocacy." and also to avoid creating a "public forum". Ma See Goat Code § 6253 (b' 'Upon request. on exact copy snon be provided unites irnprocucabe b do soI. Rosentnoi v Hansen 34 Col. App. act 754 13 Dist. 19731. Pubic Records Ac• G 2017 Richards. Watson & Gershon 2019629 Page 53 Pert TWO. EbctrOrtic Records A. Websites and the "Mass Mailing" Prohibitions The Political Reform Act prohibits the sending of newsletters and other so-called "mass matings" at public expense.' A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency»+ The underlying intent is to preclude elected officials from using newsletters as indirect campaign flyers for themselves. In brief, the Califomia Fair Political Practices Commission (the "FPPC") Regulations provide a four -prong test to determine the legality of mass mailings. A mass mailing is prohibited if each of the following elements is present: a. a delivery of a tangible item. b. that "features" or includes reference to, an elected official, c. distributed at public expense regardless of the cost. or produced at public expense where the cost of production exceeds $50.00. d. in a quantity of 200 or more.?'; On the face of if, the regulation would not apply to web pages, because they would not constitute "a delivery of a tangible item." The FPPC, which interprets the Political Reform Act, has yet to render an official opinion on the applicability of the mass mailing rule to websites. However, several advice letters issued by the FPPC have concluded that the prohibitions on publicly funded mass mailings contained in Government Code Section 89001 and FPPC Regulation 18901 do not apply to websites or web pages. In 1998, the FPPC responded to an inquiry as to whether a committee, odvocating the passage of a bond measure expected to be placed on the ballot by a school board, may obtain a link from a "school district website to a web page" advocating the passage of the bond measure. The FPPC advised that, According to Regulation 18901(0) (1). a publicly -funded mailing is a prohibited moss malting if it is delivered as a tangible item to the recipient at his or her residence. place of employment or business. or post office box. Consistent with Regulation 18901, the ban is applicable to tangible items only. Since distribution aver the 22' Gov't Code § 99001 2e 2 G.C.R. § 19901 229 2 C.C.R. § 18901 Pubic Records Act 0 2017 Richard& wahon & Gershon 2049629 Page 54 an two. Elec1rornc Records Internet is not a distribution of a tangible item, Internet pages are not prohibited mass mailings under the [Political Reform] Act.2.0 Even though providing a Zink to an express advocacy website may not qualify as a "mass mailing," it could violate other laws, as will be discussed below in Section B. A second advice letter similarly concluded that web pages are not covered under the mass mailing prohibitions of the Political Reform Act. That advice letter was issued by the FPPC in 1999 in response to a request for advice by the County of Lake. The inquiry was whether the County could include on its web page photographs and o short biography for each member serving on its board of supervisors.: The FPPC letter reiterated that FPPC Regulation 18901 did not apply to the actions listed above because "web pages are not considered tangible items" and not subject to Regulation 18901(a)(1).212 In 2013, the FPPC again confirmed its conclusion that distribution of information over the Internet, including websites, is not distribution of tangible items. A City attorney requested advice whether the mass mailing provisions prohibit City staff from listing the mayor's bed -and -breakfast business on the city's website along with other places of lodging in the city. The FPPC advised that the mass mailing provision does not prohibit the listing of the mayor's business on the city's website because providing information over the Internet is not distribution of a tangible item.233 The FPPC also recommended o review of laws pertaining to use of public resources.234 Given the foregoing. city web pages provide o unique opportunity for elected officials to communicate with their constituents. Council members could each maintain their own page on the website, drawing attention to issues of interest to the community. There are, however, some limitations on what the web pages can contain, as discussed below. B. Avoiding Express Advocacy Although websites and web pages are not currently covered under the mass moiling restr ctions of FPPC Regulation Section 18901, public agencies must still be mindful of other regulations and laws that might be violated by its decisions to permit (inks from official websites. For example. the Political Reform Act prohibits the use of public moneys for election campaigns.235 Consequently, o 7b Foote Awice Letter. No. A-96-114. 1998 WL 289895 (1998) (citation omitted). 731 Perenvn AWJce Letter. No. A-99-013. 1999 WI. 100857 (19991 232 b. 133 Prer k Advice Lette . NO A-13-012 {20131. 236 b. 213 Goy' 1 Code § 85300 Pubic Records Act O 2017 Richards. Watson & Gershon 2049629 Page 55 Part Two. Etec tonic Records city's web page must not indicate support or approval of, or advocate for, a candidate for elective office. The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson v. Mott.23e In Stanson. the California Supreme Court addressed the question of whether the State Director of Beaches and Parks was authorized to expend public funds in support of certain state bond measures for the enhancement of state and local recreational facilities. The court concluded that the Director of Beaches and Parks lacked such authority and set forth the basic rule that "in the absence of clear and explicit legislative authorization, a public agency may not expend public funds to promote o partisan position in on election campaign."2ww Only impartial "informational" communications would be permissible. such as a fair presentation of the facts in response to a citizen's request for information.2e The Stanson Court also recognized that the line between improper "campaign" expenditures and proper "informational" activities is not always clear. "[T]he determination of the propriety or impropriety of the expenditure depends upon a careful consideration of such factors as the style, tenor and timing of the publication; no hard and fast rule governs every case."239 The California legislature also codified the holding of Stanson in Government Code Section 54964,2k The Stanson test was recently reaffirmed by the California Supreme Court in Vargas v. City of Saiinas.24 Prior to Vargas. courts attempting to interpret and apply Stanson used varying tests to determine the permissibility of expenditures. for example, in California Common Cause v. Duffy, an appellate court held that a Tocol sheriffs use of public facilities and personnel to distribute postcards critical of then -Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office.2.2 In another appellate decision. Schroeder v. City Council of Irvine. Irvine's "Vote 2000" Program was upheld.20 The program encouraged voter registration, without specifically 234 Ranson v. Matt. 17 Ca L 3d 206 119761 222 id. 01209-10. 21111 Id o122l �' Id. a1222 (citations omttedl 2. Government Code Section 54964 prohibits the expenditure of Dubk funds "to supporta oppose the approval or re, c on o1 o boot measure. or the election or defeat of o condrdate by the raters." The statute does not prohibit ergsendikres to provide mtormation to the pubic about the possible effects of o bolo, measure on the activities, operators. or poioes of the IDC11 agency. if the informational 0Chvrties are not otherwae prohibited b), the Consli1ulio a slate low and the information provided constitutes an accurate. far and impartial presenrotion of relevant facts to aid the voters Hi reaching an rnrarmed tudgment regarding the baht measure 241 Vargas v. City of Soinds. 46 Cal. 4th 1 (20091 242 Coffomta Common Cause v Duffy. 200 Cal. App. 3d 730. 746-747 (4 Del. 1987). 2U Schroeder v. City Council of wine 97 Col. App. 4th 174 (4 Dat. 20021. Pubic Records ACt O 2017 Richards Watson 1. Gentian 2049629 Page 56 Port Two. Electronic Records advocating a particular position on any measure. Although the City had taken a public position in favor of the proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 program would be political expenditures and unlawful under Stonson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure./44 Because the City presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas. the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas. proponents of o local ballot initiative to repeal the City's utility users tax ("Measure 0') sued the City alleging improper government expenditures. The court held that even if a communication does not expressly advocate for either side of an issue. a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor. and timing.20 Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stanson. Thus. local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether on expenditure is permissible. A variety of factors led lo the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the City's regular annual budget pertaining to the maintenance of the City's website, the publication of the City's regular quarterly newsletter, and the ordinary provision of information to the public regarding the City's operations. The Supreme Court found that the City engaged in informational rather than campaign activity when it posted on the City's website the minutes of City council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at City council meetings./Qi Similarly, the City did not engage in campaign activity in producing a one-page document listing the program reductions that the City council voted to implement should Measure 0 be approved, or in making copies of the document available to the public at the 2"ra at 187-186. 213 Vargas 46 Col. Oft at 1 2"a. ot37. Public Records Act 0 2017 Richards. Watson & Gershon 2049629 Page 5' Port Two. Electronic Records City clerk's office and public libraries..„ The court reasoned that viewed from the perspective of an objective observer, the document clearly constituted an informational statement that merely advised the public of specific pions that the City council voted to implement should Measure 0 be approved. Finally, the court found that the City engaged in permissible informational activity by mailing to City residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in City services. Although under some circumstances the mailing of materiol relating to a ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity: it was a regular edition of the newsletter that was mailed to all City residents as a general practice, the style and tenor of the publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditional campaign material, and the article provided residents with important information about the tax in an objective and nonpartisan manner. The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the City of Salinas were to post billboards throughout the City prior to an election stating, "'IF MEASURE 0 IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE,' it would defy common sense to suggest that the City had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard."74A Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. The same prohibitions on the use of public moneys to support or oppose a ballot measure or a candidate for political office would likely also apply to public agency websites. This is because the time and expense of maintaining a website and adding links to other websites may result in a form of "in kind" contribution from the public agency to the particular candidate or campaign committee. "Professional services, including the creation and maintenance of a website for a candidate, could conceivably result in a contribution from the county to the candidate."24° Public officials must ensure that there is no inclusion of information or links on their websites that contain words of express advocacy or that unambiguously 217 10. 01 37-38 ;stoftng ..not 011N [didl the documen1 not odvocole Or recommend how the ("bctort* should vote on The bolfaf maowre, but AS style and lenof IwOSI not at 01 comparable 10 trodionol campaign ma tenor'[. The fact that the City Only mode the document available at the City cleft's ofiCe and in pudic ibrones to people who sought it out reinforced the document's informational nature. laid a132. 249 Peterson Advice Letter. No A-99-013. 1999 WL 100957 11999). Pubic Records Acf O 2017 Richards wotsan & Gershon 2049629 Page 58 Part Two: Elec Ironic Records promote or suggest a particular position in o campaign. Public officials must also avoid any actions which, based on their "style. tenor and timing", may lead to a determination that a city website contains impermissible advocacy. Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether o communication is permissible will be based on a combination of these factors, and public officials should therefore seek the advice of the City attorney on a case-by-case basis. Assistance may also be obtained from the FPPC. Note also that public officials could potentially face personal liability if a court concluded that they used public funds for a partisan campaign. The Stanson opinion concluded that public officials "may properly be held to o higher standard than simply the avoidance of "fraud, corruption or actual malice" in their handling of public funds_"250 Instead, public officials must exercise "'due care,' i.e., reasonable diligence. in authorizing the expenditure of public funds. and may be subject to personal liability for improper expenditures made in the absence of such due care."7s, If public officials published a web page that conveyed a partisan slant, o court could conclude that the officials failed to exercise this due care. C. Public Forum In addition to the mass mailing and express advocacy considerations, the existence of city websites also raises the issue of whether a website constitutes a "public forum" in which any member of the public would have a right to post information or (inks, or engage in debate or discourse. The decisions of public agencies on what sort of content to include on web pages, whether to allow external links to be posted, and what type of links to permit. have the potential to infringe upon rights guaranteed by the First Amendment of the United States Constitution, the California Constitution's "Liberty of Speech Clause," and other legal principles. In relevant part, the First Amendment provides that. "Congress shall make no law_ abridging the freedom of speech."257 Similarly. the "Liberty of Speech Clouse" provides that, "A law may not restrain or abridge liberty of speech or press." 253 The United States Supreme Court uses the "public forum" doctrine to evaluate the constitutionality of government regulation of private speech on public 293 Bronson, 1 7 Col b at 226. 231 1d. 01 226-27. 232 V.S. COwst. amend I 233 CAL co.9t. Ort. 1. § 2(01 Pubic Reccrds Act 0 2017 Richards. wabon & Gershon 2049629 Poge 59 Port Two: Ebceonic Records property. This doctrine classifies public property according to three categories of public forum status: (i) traditional public forums - areas traditionally used for expressive activity such as streets, sidewalks and parks: (ii) designated public forums - areas dedicated by the government for expressive activity, either generally or for limited purposes: and (iii) nonpublic forums. "Public forum" status directly impacts the degree to which a public agency may regulate private expression on public property. For example. if a public agency's website were deemed a "nonpublic forum." then the agency would have considerable discretion in determining which applications for website links to accept. By contrast, if a public agency's website was deemed a "traditional public forum" or a "designated public forum." then the agency's discretion would be substantially diminished. Two cases addressing whether city websites constitute public forums are discussed below. D. Putnam Pit, Inc. v. City of Cookeville The case of Putnam Pit, Inc. v. City of Cookeville provides an example of how the First Amendment may limit a public agency's authority to control external links on its website. Putnam Pit is a federal case discussing the validity of o website Zink policy under the First Amendment.2 ' This case involved a free speech claim by a small, free website newspaper publisher, against the City of Cookeville, Tennessee. The case arose from Cookeville's refusal to establish o Zink from its website to the website of the publisher's on-line newspaper, the "Putnam Pit." The "Putnam Pit" website focused on commentary critical of the City of Cookeville and its officials and staff. At the time that the publisher initially requested and was denied the link, "several for-profit and non-profit entities were linked to the . [Cookeville] Website, including a local technical college, two Internet service providers, a Iow firm, a local computer club, a truck product manufacturer and distributor, and a site with information about Cookeville."r» However, prior to the publisher's request, Cookeville "had no stated policy" on who could be linked to the City's website.7' Upon learning of the publisher's request. the City manager decided to permit links only "from the Cookeville website to other sites, which would promote the economic welfare, tourism, and industry of the City."w Pursuant to this policy, the City manager subsequently denied the publisher's request for a link from the Cookeville website to the "Putnam Pit" 264 Purnpm P,t, Inc v City of Cookewme. 221 F.3d 834 16th Cr. 201:01 aid. ot841. 256 2A� Pubic Records A c 0 2017 Richards Watson 6. Genhon 20.49629 Pope 60 Port TwoEbcionic Records website and then removed several (inks to other websites from the Cookeville website 258 The Sixth Circuit Court of Appeals ruled that based on the facts presented. the City's website was a nonpublic forum under the First Amendment, and that the City could impose reasonable restrictions but could not engage in viewpoint discrimination.259 The court also ruled the publisher was entitled to a trial regarding whether Cookeville discriminated against him based upon viewpoint when the City manager denied him a Zink on the website. Facts that could potentially constitute viewpoint discrimination included statements by the City manager that he thought the "Putnam Pit" consisted only of the publisher's "opinions," "which he didn't care for" and actions by the City manager who indicated to the publisher that he would not be permitted a Zink even if the "Putnam Pit" were a non-profit entity.1e0 E. Vargas v. City of Salinas In Vargas v_ City of Salinas, the California Supreme Court also considered whether o city website constituted a public forum,261 In Vargas, City residents placed an initiative on the ballot to repeal the City's long-standing utility users tax. The City staff prepared a series of reports addressing the impact the loss of the tax would have on the City's budget. including the reduction and elimination of services and programs, and posted those reports on the City's web page. The initiative supporters contended that they had o right to provide their own information on the web page, which the City rejected. The Supreme Court concluded that the City's web page was not a public forum because the City had not opened its website to permit others to post material of their choice.262 F. Public Forum Analysis The Putnam Pit and Vargas courts applied the public forum analysis of the First Amendment to the City's action with respect to the website. treating the website as analogous to physical public property. As previously mentioned. the United States Supreme Court has established that. for such analyses, the extent of permissible government restrictions on expressive activity are governed by 25e 2591d of 843-845. 760 The court tumor concluded that, "(Phe City's actions, some of which appear to be toed to the City's interests. and oitsrs which appear less cteary relevant so She purpose of the City's Weosite, lead as so REVERSE Ire district court's pont Ot summery judgment because (the publisher( hos rased o mono issue of fact regarding whetter the City deptrl'iinoted against him and his website based vpor viewpoint." Putnam Pit, enc., 221 F.30 o1846 261 Vous. 46 Cot. ath at 1 71.21ct of 37. n.18. Pubic Records Ac' tp 2017 Richards, watson & Gersr'ion 24)9629 Pope 61 Port Two. Electronic' Recobs whether the activity occurs in (i) a traditional public forum; (ii) a designated public forum: or (iii) a nonpublic forum."3 (1) Traditional public forum Traditional public forums are "places which by long tradition or by government fiat have been devoted to assembly and debate." Typically such places have included public streets, sidewalks and parks.?6. Government regulations that restrict the "content" of expressive activity in such forums "must withstand strict scrutiny."?0 This means that if the government wishes to restrict expressive activity based on content, such restrictions must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest. However, if the government imposes content -neutral restrictions on the "time. place and manner" of expressive activity in public forums, then such restrictions must serve a "significant public interest," must be "narrowly tailored" to that interest and must leave open "alternative avenues of communication."?d6 (2) Designated public forum The Supreme Court has held that "[i]n a designated public forum, the government 'intentionally opens a nontraditional public forum for public discourse. -267 An example of a designated public forum is the public comment session at a City council meeting. In a designated public forum, the government may restrict the content of the expressive activity to that which is within the scope of the public forum. For example. in the case of a City council meeting, the government may restrict speech to only permit discussion of city business. Once the government opens a nontraditional public forum to a class of persons, the restrictions applicable to those to whom the forum is opened must also withstand strict scrutiny. Thus. as in the case of public forums, regulations governing designated speakers in designated public forums must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest.16v Accordingly, it is important for a city to avoid creating a designated public forum on its website so as not to establish rights where none previously existed. or at (east to have a clear policy on who may post on the city's website. Perry Ed. Assn v. Perry Local Eo Assn. 660 LIS. 37 f 1983) Ponom Pit, Inc_ 221 F_3 d of 84? 'citing Perry 460 U S. of 451. 263 /d, of 863. 796 id. toting Perry 4601.1.5. al 45) 267 id. lcr►mg Cornelius v NAACP Lego/ Defense 6 Educ. Fund. tilc-. 473 U.S. 788. 802 (19851). 26E See White v C'ty of Norwalk, 900 F 1421. 1425 19th Cr. 19901 lconctudmg (hot City councils hove outhanty lo Ynit speech throusri the inpoptgn Ot agendas Una rules of order and deCOrurn( 269 Perry 460 U.S. of 46. Pubic Records Ac' C2017%charts Watson b Gershon 2049629 Poe 62 Part Two: Elsctonic Recaras (3) Nonpublic forum Nonpublic forums are those places that are not typically used for public debate or the free exchange of ideas. Accordingly, "the First Amendment does not forbid a viewpoint -neutral exclusion of speakers who would disrupt a nonpublic forum and hinder its effectiveness for its intended purpose_" Examples of nonpublic forums include highway rest areas and advertising on a municipal bus.271 In a nonpublic forum government may prohibit speech or expressive activity, so long as such restrictions are reasonable in Tight of the government's interest and do not attempt to suppress the speaker's activity based on disagreement with the speaker's views.v2 (4) Public entity websites as nonpublic forums The Sixth Circuit Court of Appeals in Putnam Pit concluded that the City of Cookeville's website was a "nonpublic" forum under the First Amendment because the website was not open to the public, and before and after the City adopted o website Zink policy, links had been established on an individualized basis.?%n This determination is significant because a government entity, as previously discussed, has more discretion to regulate public expression in a nonpublic forum than it does in a "traditional public forum" (such as a park) or in a "designated public forum" (a place expressly opened for free speech by the public). The court also emphasized that the City hod legitimate interests "in keeping (inks that are consistent with the purpose of the site—providing information about City services, attractions and officials."174 Despite the fact that the court in Putnam Pit determined that the City's website was a nonpublic forum, giving the City broad discretion to limit access to its website links. the court stated that the City could not deny links "solely based on the controversial views" the publisher espouses.?-, The court concluded that the City's "requirement that websites eligible to be linked to the City's site promote the City's tourism, industry and economic welfare gives broad discretion to City officials, raising the possibility of discriminatory application of the policy based on viewpoint."2,6 Accordingly, the court remanded the case to the district court for further proceedings on the issue of whether the City improperly exercised its authority to restrict access to (inks on its website in a discriminatory manner in violation of the publisher's First Amendment rights. zoo Putnam PO. 221 F.3o at 845 (c4ng Cornelius. 473 U.S. oI 81 11. T71 Jocobson w. Bonn*. 123 F.3d 1272 (9th Cr. 19971' Children of the Rosary v. Cry of Phoenix 154 F.3d 972 (91h Cr. 19981 1T1 Pe,y. 460 U.S. at 46. 273 Putnam Pit, inc.. 221 F.3d 01 844. 2741d. at 845, tis a. 224 id. of 845.66 (clic bons omrtbdl Pudic Records Act 0 2017 Richards Watson & Gershon 2049629 Page 63 Port Two. Ekectoruc Records The Vargas court also concluded that the City's website was a nonpublic forum, and the City could exclude the initiative proponents from posting information on the site.277 In contrast to Putnam Pit, in Vargas the City did not permit access to the web page by either proponents or opponents of the ballot iniiiative.�7e Limiting use of a city website only to city -related activities may result in a court finding that the public forum analysis is not appropriate under the facts, and that the issue should be evaluated instead under the doctrine of governmental speech.=, The U.S. Supreme Court hos ruled that the Free Speech clause does not apply to government speech. because the Free Speech Clause restricts government regulation of private speech and does not regulate government speech. Under the government speech doctrine, the government has the right to speak for itself and a government entity may exercise this same freedom to express its views when it receives assistance from private sources for the purpose of delivering o government -controlled message.761 In Sutliffe v. Epping School District, an advocacy group challenged the Town of Epping after the town refused to include the group's hyperlink on the town's website,m The group wanted to present opinions countering the town's budget proposals regarding town and school activities. The group contended its hyperlink should have been allowed becouse the town had included a hyperlink to a one -day event put on by "SUE", which was part of a state university -sponsored program and was to be held among town residents to foster community spirit, civic discourse, and the organization of community - defined projects and action groups. By unwritten practice, the town had previously allowed only hyperlinks that would promote providing information about the town, and did not permit links that were political or advocated for certain candidates. A written policy established after the group's request limited hyperlinks to those for governmental agencies or events and programs coordinated or sponsored by the town, The federal appeals court ruled in Sutliffe that o government entity has the right to express itself on means of communication that the government owned. The town engaged in government speech because the town created the website and selected which hyperlinks to place on its website to convey information about the town to its citizens and the outside world and. by choosing only certain hyperlinks to place on that website, communicated an important 2J7 Vargas. 46 Cal At of 37 n.18, 271 Id 279 Pleasant Grove Cly v Summum, 555 U.S. 460. 467 (2009j aro td 2e rd. of 468 2e2 Sv►fiffe v Epping School DishfC 1.564 F.3d 314 (1st Cr. 20)9( PubSC ReCOrGs AC? O 2017 Richards. WOtson b Gershon 2049629 Page 64 Port Two: Ebctronvc Records message about itself.i8-, Hyperlinks were added only with approval by the Board of Selectmen. The court also rejected the group's claim that the town engaged in viewpoint discrimination, because the SUE event was a town -sponsored and financially -supported event, and nonpartison.' The court also concluded That a public forum analysis did not apply under the facts, because the town's website is not a traditional public forum, and the website was not a designated public forum because there was no evidence that the town intentionally opened a nontraditional public forum for public d scourse.m Accordingly, in drafting and administering website Zink policies, a public agency should be mindful that "nonpublic forum status 'does not mean that the government can restrict speech in whatever way it likes'."/A6 A public agency may not deny requests to post information and links simply because they do not agree with a requesting party's views or the views espoused on the requesting party's website, but an across-the-board policy that does not discriminate on the basis of viewpoint should withstand judicial scrutiny. Reserving the website only for the public agency's activities and purposes may also help the public agency demonstrate that it is engaging in government speech, and has not created a public forum. G. Chat Rooms and Forums Note that the conclusion would have likely been different in Vargas if the website hod contained a chat room. The term "chat room" generally refers to an area of a website that allows for a real-time interactive discussion between whoever wishes to participate, with every participant seeing what every other participant types in. Chat rooms allow visitors to access web pages to state their views on a topic of discussion. and in unmoderated chat rooms, to say anything about any subject. In Vargas. the California Supreme Court did not address chat rooms. However, in the prior appellate court decision. which was superseded on other grounds by the California Supreme Court, the appellate court had little trouble concluding that a chat room on a city web page would constitute a public forum: As noted above. "electronic communication media may constitute public forums. Websites that are accessible free of charge to any member of the public where members of the public may read the kr.ot33I. 261 Id. al 331.332. 2& Id. 01333-3,34 Putnam Pit Inc.. 221 F.30 01846 (C' Ts0ns Orr t1epl- Pub& Rocorcts ACI e 2017 Richards Wo/son & Gennor 2049629 POQe 65 Pon Two' Eectonic Records views and information posted, and post their own opinions, meet the definition of a public forum ...."A - Ampex Corp. v. Corgle and ComputerXpress, Inc. v. Jackson. were "anti-SLAPP" motions brought by defendants in defamation and libel actions, which are motions to strike a "strategic lawsuit against public participation." In order to have a viable anti-SLAPP motion, the statements at issue must be made in a public forum, and both opinions concluded that chat rooms on the websites were public forums. A similar conclusion would result when evaluating a "forum" or "message board" on a city web page, which are similar to chat rooms but do not occur in real-time; instead, people post messages one at a time that are typically grouped by topic and preserved on the web page in chronological order. for anyone to read. As their names suggests, a "forum" or "message board" on a city web page would potentially constitute a "public forum." H. ADA Implications One other concern in designing a website is whether it provides sufficient access to disabled persons. Under the Americans with Disabilities Act (the "ADA"), local governments must ensure that they provide qualified individuals with disabilities equal access to their programs and services. unless doing so would fundamentally alter the nature of their programs or services, or would impose an undue burden.28e Websites are a public service, and a local agency must comply with the ADA in providing a website to its employees and members of the public.' In reviewing an agency's web page to ensure compliance with First Amendment and Brown Act requirements, an agency should review it for compliance with accessibility requirements as well. There are a number of regulations and guidelines prescribing accessibility requirements for public websites. These include: • The Federal Information and Communications Technology (ICT) Final Standards and Guidelines. set forth at 36 C.F.R. parts 1 193 and 1194:29t - 267 194:' 2A7 vargas v, Gly of $Winos. 37 Col. Rptr. 3d 506, 527 120051 (citing Ampex Corp. v. Corgle. 128 Col. App. 4th 1569. 1576 (1 Dist, 20051: CompuferXpress. fnc. v. Jackson, 93 Col. App, 4th 993. 1006-07 (4 Dist. 20D11). 289 42 U.S.C_ § 12131 el seq. 289 See U.S. Dept of Justice. ACeessibtity of State and Local Government Websites to People with Dsobiities (avoiloble at lata://www.odo.gpvlwebsites2himJ; U.S. Dept of Just►Ce. ADA Best Practices Tool Kit for State and loco) Governments. Chapter 5. 'Website Access/Wry Under Tale 11 of the ADA" (avo,ktbie at htto://www_ada.coviocotOOlulitookitmoin.html. 79082 Fed. Reg. 5790 ( I /18/' 7), 2017 WL 168818. These regubtions were enacted pursuant to Section 508 of the Rehobiitation Ac' (29 U.S.C. § 794d1. which requires federal deporments and agercies to provide comporoble Pubic Records Act C 2017 Richards. Wo ?soh & Gershon 2049629 Page 66 Port Two: Electronic Records • The Telecommunications Act Accessibility Guidelines, set forth at 36 C.F.R. part 1 193;29' and • The World Wide Web Consortium (W3C) Web Content Accessibility Guidelines.m While these sources do not expressly apply to city websites. they provide various methods of ensuring that a web page is accessible, including providing text equivalents for graphics. ensuring that information conveyed with color is also available without color, and using high contrast color choices. Providing accommodations for persons with disabilities to use public websites is not particularly onerous; in fact, the Department of Justice has stated that "implementing accessibility features is not difficult and will seldom change the layout or appearance of web pages."-i°� IV. CONCLUSIONS The law related to electronic documents continues to evolve as computer technology advances and public officials respond and adapt to those advances. The advent of email has expanded the opportunities for collaboration greatly, but has simultaneously expanded the potential for inadvertent Brown Act violations. as well as unwanted disclosure of preliminary or sensitive information when emails are required to be disclosed in response to a Public Records Act request. Public officials should refrain from using "reply all" to avoid serial meetings, and should be aware of the disclosure requirements of the Brown Act for documents related to items discussed at a public meeting. Public officials should also be sensitive to the risk that the Public Records Act may require disclosure of emails. and not treat them as casual conversation. While the deliberative process privlege may apply to protect some such emails, the doctrine has been applied sparingly by California courts. A clear policy regarding the deletion of emails will also help to reduce unwanted exposure, although an agency must be able to suspend its usual deletion procedures to preserve electronic records potentially relevant to state or federal litigation. Although the state of the law continues to develop, electronic documents and information other than emails may be subject to disclosure under the California Public Records Act. California discovery rules. and Federal Rules of Civil eiectrorrc and r iormonon fecnnoiogr for tederor employees with d4sodibes and members of the Qenerol pubic w'fh disobshes looking Federal (Orme ton ovoitabe ttvough electronic and rntotrnotton technology. 29' 63 Fed. Reg 5608 12/3/981. These regutahorts lmplemenf OOr1orK Of the Telecommunications Act of 1996. which requires in port Riot telecommunications prooucts and senates robe occesvOte to petiole wntn disobrtttes. [See t7 U.S C §g 153 and 2551. m Avciioble at htloJ/wxw_w3.ara/. 243 U.S. Dept Of Justice. Accesebiity of State and LOCOl Government Websitet to People with JMob4ties. httoJ/wvrw_a[ia_aov/websrtes.2 hhrl. Pubic Records Act C 2017 Richords. 'oda Man E Gershon 2049629 Poge 67 Part Two. cgictron,c Records Procedure 26(a). An agency must make electronic records available in on electronic format if requested in response to a Public Records Act request. An agency may also hove to disclose electronic records in litigation and even metodata may be discoverable. Thus, it is important to avoid the automatic creation of metadata, to the extent possible. Public officials should also consult with their information technology departments to ensure that metodata is not inadvertently inserted into electronic records when they are created. With respect to websites, caution must be taken to ensure a public agency's website does not indicate support or approval of, or promote or advocate for, a candidate for elective office. Likewise. a public agency website cannot be used to advocate for or against an initiative election. In addition to avoiding express advocacy that unambiguously suggests a particular position in o campaign, public officials must also avoid any actions which. based on their "style, tenor and timing", may lead to a determination that a public agency website contains impermissible advocacy. The content of a website Zink policy, and the manner in which such a policy is implemented, are critical in a public agency's ability to regulate the information and links that will be permitted on its website. It is important that a public agency does not arbitrarily discriminate in denying requests for website links. The establishment and adherence to a specific written policy regarding website links would likely assist a public agency in avoiding the litigation challenges faced by the City of Cookeville in the Putnam Pif case, and should assist generally in avoiding violations of the First Amendment. A uniform policy, such as that upheld in the Vargas opinion, may serve as a viable defense to such challenges_ We have several recommendations for drafting website policies. First, the website link policy should contain a "statement of purpose" indicating that neither the public agency's website nor its links list are "forums" for expressive activity by the public. The following is our suggested language for that portion of the policy, for the hypothetical City of Anytown: This policy governs the establishment of external links on the City of Anytown's official website. For purposes of this policy, an 'external link' is a hyperlink from the City of Anytown's website to a website maintained by another party. Neither the City of Anytown's website nor the external links listed on such website constitute a forum for expressive activity by members of the public. Rather. the purpose of the City of Anytown's website and the external links list is to provide information about officials, services and attractions related to City of Anytown. This policy is declaratory of the City of Anytown's existing administrative practice regarding the establishment of external links on its website. Pubic Records act *2017 RithOrds. Watson & Gershon 2049629 Page 68 Port Two Ebcironc Records Second, the website link policy should specifically designate the types of organizations that are eligible to have a link established to their website. We think eligibility may be limited to non-profit entities (as Cookevile chose to do). but it does not have to be so restricted. We also recommend that the website specifically exclude links to sites that have as their purpose the election or defeat of specific candidates or the passage or defeat of specific ballot measures, regardless of political position. In our opinion, implementation of these suggestions will strengthen a public agency's position if it ever becomes necessary to defend a decision to deny a request for o link from a public agency's website. Finally, the agency should ensure that its web page complies with the accessibility requirements of the ADA, such as providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choices. Pubic Records Act O 2017 Richards, Watson & Gerston 2049629 Pope 69 PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT Article 1 - General Provisions California Government Code Sections 6250-6270.5 Article 2 - Other Exemptions from Disclosure California Govemment Code Sections 6275-6276.48 Pubic Records Ae1 0 2017 Richards. wo1son & Gershon 2019629 Page 70 Part Thrsel; The Coitornra Pubic Records Ac! The California Public Records Act ARTICLE 1 - GENERAL PROVISIONS CALIFORNIA GOVERNMENT CODE SECTIONS 6250-6270 Section 6250. Legislative findings and declaraflons In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. Section 6251. Short title This chapter shall be known and may be cited as the California Public Records Act. Section 6252. Definitions As used in this chapter: (CO "Local agency" includes a county; City, whether general law or chartered; City and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that ore legislative bodies of a local ogency pursuant to subdivisions (c) and (d) of Section 54952. (b) "Member of the public" means any person, except a member, agent, officer, or employee of a federal, state, or local agency acting within the scope of his or her membership, agency, office, or employment. (c) "Person" includes any natural person, corporation, partnership, limited liability company, firm, or association. fd) "Public agency" means any state or local agency. (el "Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. "Public records" in the custody of, or maintained by, the Governor's office means any writing prepared on or after January 6, 1975. (f) fl) "State agency" means every state office, officer, department, division. bureau, board, and commission or other state Pubic Records At• C 2017 RIchord% Watson a Gershon 2049629 Page 71 Part Three the Coifornwa Pubic Records Act (g) body or agency. except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (2) Notwithstanding paragraph (1) or any other law, "state agency" shall also mean the State Bar of California. as described in Section 6001 of the Business and Professions Code. "Writing" means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation. including letters, words, pictures, sounds. or symbols, or combinations thereof, and any record thereby created. regardless of the manner in which the record has been stored. Section 6252.5. Elected member or officer of state or local agency Notwithstanding the definition of "member of the public" in Section 6252, an elected member or officer of any state or local agency is entitled to access to public records of that agency on the same basis as any other person. Nothing in this section shall limit the ability of elected members or officers to access public records permitted by law in the administration of their duties. This section does not constitute a change in, but is declaratory of, existing low. Section 6252.6. Disclosure of name, date of birth, and date of death of foster child to county child welfare agency Notwithstanding paragraph (2) of subdivision (a) of Section 827 of the Welfare and Institutions Code, after the death of a foster child who is a minor, the name. dote of birth, and date of death of the child shall be subject to disclosure by the county child welfare agency pursuant to this chapter. Section 6252.7. Authority of legislative body or local agency members to access a writing of the body or agency Notwithstanding Section 6252.5 or any other provision of law, when the members of a legislative body of a local agency are authorized to access a writing of the body or of the agency as permitted by law in the administration of their duties, the local agency, as defined in Section 54951, shall not discriminate between or among any of those members as to which writing or portion thereof is made available or when it is made available. Pubic Records ACt O 2017 Richards. wotson & Gershon 2049629 Fage 72 Port Three: The California Pubk Records Act Section 6253. Public records open to inspection; agency duties: time limits (a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (b) Except with respect to public records exempt from disclosure by express provisions of law. each stole or local agency. upon a request for a copy of records that reosonobly describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so. (c) Each agency. upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request. in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency sholl state the estimated date and time when the records will be mode available. As used in this section, "unusual circumstances" means the following, but only to the extent reasonably necessary to the proper processing of the particular request: 11) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among Iwo or more Pubic Records Act C 2017 Richards wotson & Genhor 2049629 Page 73 Part Ttree: The Cofforn a PutAc Records Act components of the agency having substantial subject matter interest therein. (4) The need to compile data, to write programming language or a computer program. or to construct a computer report to extract data. (d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial. (e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that ollow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter. (f) In addition to maintaining public records for public inspection during the office hours of the public agency. o public agency may comply with subdivision (a) by posting any public record on its Internet Web site and, in response to a request for a public record posted on the Internet Web site, directing a member of the public to the location on the Internet Web site where the public record is posted. However, if after the public agency directs a member of the public to the Internet Web site. the member of the public requesting the public record requests a copy of the public record due to on inability to access or reproduce the public record from the Internet Web site. the public agency shall promptly provide a copy of the public record pursuant to subdivision (b). Section 6253.1. (a) Assistance to members of the public regarding requests to Inspect a public record or obtain a copy: duties of the public agency When a member of the public requests to inspect a public record or obtain a copy of a public record, the public agency. in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records, shall do all of the following, to the extent reasonable under the circumstances: (1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated. (2) Describe the information technology and physical location in which the records exist. PubIC Records Act 02017 Richards. Watson & Gershon 2049629 P.u.ge 7 4 Port Three: Ibe Canso Pubic Records Act (3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought. (b) The requirements of paragraph (1) of subdivision (a) shall be deemed to have been satisfied if the public agency is unable to identify the requested information after making a reasonable effort to elicit additional clarifying information from the requester that will help identify the record or records. (c) The requirements of subdivision (a) are in addition to any action required of a public agency by Section 6253. (d) This section shall not apply to o request for public records if any of the following applies: (1) The public agency makes available the requested records pursuant to Section 6253. (2) The public agency determines that the request should be denied and bases that determination solely on an exemption listed in Section 6254. (3) The public agency makes available an index of its records. Section 6253.2. Disclosure of Information for in-home supportive services, personal care services, or Community First Choice Option Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or services provided pursuant to Section 14132.95, 14132.952, or 14132.956 of the welfare and Institutions Code, is not subject to public disclosure pursuant to this chapter. except as provided in subdivision (b). (b) Copies of names, addresses, home telephone numbers. and personal cellular telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to Section 12301.6 or 12302.25 of the Welfare and Institutions Code or the In -Horne Supportive Services Employer -Employee Relations Act (Title 23 (commencing with Section 110000)). This information shall not be used by the receiving entity for any purpose other than the employee organizing. representation, and assistance activities of the labor organization. (a) Public Records Act 02017 Richards, Watson & Gershon 2019629 Page ; ', Pori Three. The CaHarnmo Pubic Records Act (c) This section applies solely to individuals who provide services under the In - Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code, the In -Home Supportive Services Plus Option pursuant to Section 14132.952 of the Welfare and Institutions Code. or the Community First Choice Option pursuant to Section 14132.956 of the Welfare and Institutions Code. (d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the In -Home Supportive Services Employer - Employee Relations Act (Title 23 (commencing with Section 110000)) or any other labor relations law. (e) This section shall be inoperative if the Coordinated Core Initiative becomes inoperative pursuant to Section 34 of the act that added this subdivision. Section 6233.2. Disclosure of Information for in-home supportive services or personal core services (a) Notwithstanding any other provision of this chapter to the contrary. information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuont to Section 14132.95 of the Welfare and Institutions Code, is not subject to public disclosure pursuont to this chapter, except as provided in subdivision (b). (b) Copies of names, addresses, and telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to subdivision (c) of Section 12301.6 or Section 12302.25 of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization. (c) This section applies solely to individuals who provide services under the In - Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code) or the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code. PubiC ReCads Act C 2017 Richards. Watson & Gershon 2049629 Pope 76 Port Three: The Coi+aero Pubic Records Act (d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4) or any other lobor relations law. (e) This section shall be operative only if Section 1 of the act that added this subdivision becomes inoperative pursuant to subdivision (e) of Section 1. Section 6253.3. Disclosure of information; control A state or local agency may not allow another party to control the disclosure of information that is otherwise subject to disclosure pursuant to this chapter. Section 6253.31. Contract requkements; pubNc disclosure Notwithstanding any contract term to the contrary, a contract entered into by a state or Tocol agency subject to this chapter, including the University of California, that requires a private entity to review, audit. or report on any aspect of that agency sholl be public to the extent the contract is otherwise subject to disclosure under this chapter. Section 6253.4. Agency regulations and guidelines (a) Every agency may adopt regulations stating the procedures to be followed when making its records available in accordance with this section. The following state and local bodies shall establish written guidelines for accessibility of records. A copy of these guidelines shall be posted in a conspicuous public place at the offices of these bodies, and a copy of the guidelines shall be available upon request free of charge to any person requesting that body's records: Department of Motor Vehicles Department of Consumer Affairs Transportation Agency Bureau of Real Estate Department of Corrections and Rehabilitation Division of Juvenile Justice Department of Justice Deportment of Insurance Department of Business Oversight Department of Managed Health Care Secretory of State State Air Resources Board Pubic Records Acs 0 2017 RiCtgrds. wofson b Gershon 2049629 Poce 77 Port Three: The Co Io,n a PubMc Records Act Department of Water Resources Department of Parks and Recreation Son Francisco Bay Conservation and Development Commission State Board of Equalization State Department of Health Care Services Employment Development Department State Department of Public Health State Department of Social Services State Department of State Hospitals State Department of Developmental Services Public Employees' Retirement System Teachers' Retirement Board Department of Industrial Relations Department of General Services Department of Veterans Affairs Public Utilities Commission California Coastal Commission State Water Resources Control Board San Francisco Bay Area Rapid Transit District All regional water quality control boards Los Angeles County Air Pollution Control District Bay Area Air Pollution Control District Golden Gate Bridge, Highway and Transportation District Department of Toxic Substances Control Office of Environmental Health Hazard Assessment (b) Guidelines and regulations adopted pursuant to this section shall be consistent with all other sections of this chapter and shall reflect the intention of the Legislature to make the records accessible to the public. The guidelines and regulations adopted pursuant to this section shall not operate to limit the hours public records are open for inspection as prescribed in Section 6253. Section 6253.5. Initiative, referendum, recall petitions, and petitions for reorganization of school districts or community college districts deemed not public records; examination by proponents Notwithstanding Sections 6252 and 6253, statewide, county, City, and district initiative, referendum, and recall petitions, petitions circulated pursuant to Section 5091 of the Education Code, petitions for the reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of the Education Code, petitions for the reorganization of community college districts submitted pursuant to Part 46 (commencing with Pubic Records Act O 2017 Richards Watson & Gershon. 2019629 Page 78 Pprt Threes The Cosiorrra Pubic RecorCs AC' Section 74000) of the Education Code and all memoranda prepared by the county elections officials in the examination of the petitions indicating which registered voters hove signed particular petitions shall not be deemed to be public records and shall not be open to inspection except by the public officer or public employees who have the duty of receiving, examining or preserving the petitions or who are responsible for the preparation of that memoranda and, if the petition is found to be insufficient, by the proponents of the petition and the representatives of the proponents as may be designated by the proponents in writing in order to determine which signatures were disqualified and the reasons therefor. However, the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a school district or a community college district attorney, and a City attorney shall be permitted to examine the material upon approval of the appropriate superior court. If the proponents of a petition are permitted to examine the petition and memoranda. the examination shall commence not later than 21 days after certification of insufficiency. (a) As used in this section, "petition" shall mean any petition to which a registered voter has affixed his or her signature_ (b) As used in this section "proponents of the petition" means the following: (1) For statewide initiative and referendum measures. the person or persons who submit a draft of a petition proposing the measure to the Attorney General with a request that he or she prepare a title and summary of the chief purpose and paints of the proposed measure. (2) For other initiative and referenda on measures, the person or persons who publish o notice of intention to circulate petitions, or. where publication is not required, who file petitions with the elections official, (3) For recall measures, the person or persons defined in Section 343 of the Elections Code. (4) For petitions circulated pursuant to Section 5091 of the Education Code. the person or persons having chorge of the petition who submit the petition to the county superintendent of schools. (5) For petitions circulated pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Port 21 of the Education Code. the person or persons designated as chief petitioners under Section 35701 of the Education Code. Pubic Records ACP O 2017 lihchoras. wcPson & Gershon 2049629 Page 79 Port Three. The C:aitorrro Pubic Records Act (6) For petitions circulated pursuant to Port 46 (commencing with Section 74000) of the Education Code. the person or persons designated as chief petitioners under Sections 74102, 74133. and 74152 of the Education Code. SocNon 6253.6. Bilingual ballot or ballot pamphlet requests not deemed public records (a) Notwithstanding the provisions of Sections 6252 and 6253, information compiled by public officers or public employees revealing the identity of persons who have requested bilingual ballots or ballot pamphlets, made in accordance with any federal or state law, or other data that would reveal the identity of the requester, shall not be deemed to be public records and shall not be provided to any person other than public officers or public employees who are responsible for receiving those requests and processing the same. (b) Nothing contained in subdivision (a) shall be construed as prohibiting any person who is otherwise authorized by law from examining election materials, including, but not limited to, affidavits of registration, provided that requests for bilingual ballots or ballot pamphlets shall be subject to the restrictions contained in subdivision (a). Section 6253.8. Enforcement orders; Internet webslte (0) Every final enforcement order issued by an agency listed in subdivision (b) under any provision of law that is administered by an entity listed in subdivision (b), shall be displayed on the entity's Internet website, if the final enforcement order is a public record that is riot exempt from disclosure pursuant to this chapter. (b) This section applies to the California Environmental Protection Agency and to all of the following entities within the agency: (1) (2) (3) (4) (5) The State Air Resources Board. The California Integrated Waste Management Board. The State Water Resources Control Board, and each California regional water quality control board. The Department of Pesticide Regulation. The Department of Toxic Substances Control. Public Records Act O 2017 Rrchords wolson & Gentian 2049629 page 80 Pan Three The California Pvbic Records Acs (c) (1) Except as provided in paragraph (2). for purposes of this section, an enforcement order is final when the time for judicial review has expired on or after January 1, 2001, or when all means of judicial review have been exhausted on or after January 1, 2001. (2) In addition to the requirements of paragraph (1). with regard to o final enforcement order issued by the State Water Resources Control Board or a California regional water quality control board, this section shall apply only to a final enforcement order adopted by that board or a regional board ata public meeting. (d) An order posted pursuant to this section shall be posted for not Tess than one year. (e) The California Environmental Protection Agency shall oversee the implementation of this section. (f) This section shall become operative April 1, 2001. Section 6253.9. Information in an electronic format costs; application; availability (a) Unless otherwise prohibited by law. any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that information available in an electronic format when requested by any person and, when applicable, shall comply with the following: (1) The agency shall make the information available in any electronic format in which it holds the information. (2) Each agency shall provide o copy of an electronic record in the format requested if the requested format is one that has been used by the agency to create copies for its own use or for provision to other agencies. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record. and the cost of programming and computer services necessary to produce a copy of the record when either of the following applies: (1) In order to comply with the provisions of subdivision (a), the public agency would be required to produce a copy of on electronic Pubic Records Act C 2017 Richards. via tson & Gershar 2049629 Page &, Port Threes The Coiilornua Pubic Records ACT record and the record is one that is produced only at otherwise regularly scheduled intervals. (2) The request would require data compilation, extraction, or programming to produce the record. (c) Nothing in this section shall be construed to require the public agency to reconstruct a record in an electronic format if the agency no longer has the record available in an electronic format. (d) If the request is for information in other than electronic format, and the information also is in electronic format, the agency may inform the requester that the information is ovailoble in electronic format. (e) Nothing in this section shall be construed to permit an agency to make information available only in an electronic format. (f) (g) Nothing in this section shall be construed to require the public agency to release an electronic record in the electronic form in which it is held by the agency if its release would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained. Nothing in this section shall be construed to permit public access to records held by any agency to which access is otherwise restricted by statute. Section 6253.10. Public record posts on Internet Resource; open format requirements If a local agency, except a school district, maintains an Internet Resource, including, but not limited to, an Internet Web site, Internet Web page. or Internet Web portal. which the local agency describes or titles as "open data." and the local agency voluntarily posts a public record on that Internet Resource, the local agency shall post the public record in an open format that meets all of the following requirements: (a) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications. (b) Platform independent and machine readable. (c) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record. Pubic Records AC' C 2017 Richards. WOrior R Gershon 2049629 Page 87 Port Three: The Cohlarro Public Records Act (d) Retains the data definitions and structure present when the data was compiled, if applicable. Section 6254. Exemption of particular records Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following: (0) Preliminary drafts, notes, or interagency or intra -agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure. (b) Records pertaining to pending litigation to which the public agency is a party. or to claims mode pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled. fc) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. (d) Records contained in or related to any of the following: (1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including. but not limited to, banks, savings and loan associations. industrial loan companies, credit unions, and insurance companies. (2) Examination. operating. or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1). (3) Preliminary drafts, notes, or interagency or intro -agency communications prepared by. on behalf of, or for the use of, any state agency referred to in paragraph (1). (4) Information received in confidence by any state agency referred to in paragraph (1). (e) Geological and geophysical data, plant production data, and similar information relating to utiity systems development, or market or crop reports, that are obtained in confidence from any person. (f) Records of complaints to. or investigations conducted by, or records of intelligence information or security procedures of. the office of the Attorney General and the Department of Justice, the Office of Pubic Records Ac+ 0 2017 RicrOrds wdtson & Gershon 2049629 °age 83 Part Three: The Colifomia Pubic Recoras Act Emergency Services, and any state or local police agency. or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. However, state and local law enforcement agencies shall dsclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or on authorized representative thereof. an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer. Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision. Notwithstanding any other provision of this subdivision. state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation: 11) The full name and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair. sex, height and weight. the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held. and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds. Pubic Recards Act C 2017 Richards, Watson & Gershon 2049629 Page 84 Purr Three: The Conforrvo Pubic Records Act (2) (A) Subject to the restrictions imposed by Section 841.5 of the Pencil Code. the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded. the time. dote, and location of occurrence, the time and dote of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property. or weapons involved. The name of a victim of any crime defined by Section 220, 236.1. 261. 261.5, 262. 264. 264.1, 265, 266, 2660. 266b, 266c, 266e. 266f. 266j. 267. 269, 273a, 273d, 273.5, 285, 286, 288. 288o, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of the November 7, 2006, statewide general election), 288.4. 288.5, 288.7. 289, 422.6, 422.7, 422.75, 646.9 or 647.6 of the Penal Code may be withheld at the victim's request. or at the request of the victim's parent or guardian if the victim is a minor. When a person is the victim of more than one crime, information disclosing that the person is a victim of a crime defined in any of the sections of the Penal Code set forth in this subdivision may be deleted at the request of the victim, or the victim's parent or guardian if the victim is a minor, in making the report of the crime, or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph. (B) Subject to the restrictions imposed by Section 841.5 of the Penal Code. the names and images of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, and of that victim's immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victim's request until the investigation or any subsequent prosecution is complete. For purposes of this subdivision, 'immediate family" shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code. (3) Subject to the restrictions of Section 841.5 of the Penal Code and this subdivision, the current address of every individual arrested by the agency and the current address of the victim of a crime, if the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental Pudlc Records Act C 2017 Richards. WphOn & Gershon 7Cu9629 Wage 9 Pod Three: The Costar r o Puplc Records Act (g) purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code. However, the address of the victim of any crime defined by Section 220. 236.1. 261, 261.5, 262, 264, 264.1, 265, 266. 266a. 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2. 288.3 (as added by Chapter 337 of the Statutes of 2006). 288.3 (as added by Section 6 of Proposition 83 of the November 7. 2006, statewide general election). 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75. 646.9, or 647.6 of the Penal Code shall remain confidential. Address information obtained pursuant to this paragraph shall not be used directly or indirectly, or furnished to another, to sell a product or service to any individual or group of individuals, and the requester shall execute a declaration to that effect under penalty of perjury. This paragraph shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph. Test questions, scoring keys. and other examination data used to administer a licensing examination, examination for employment, or academic examination, except as provided for in Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code. (h) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. However, the law of eminent domain shall not be affected by this provision. (1) Information required from any taxpayer in connection with the collection of local taxes that is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information. (j) Library circulation records kept for the purpose of identifying the borrower of items available in libraries, and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this subdivision shall not apply to records of fines imposed on the borrowers, 1:16C Records Act m 2017 Richards. An !son & Gershon 2049629 Page 8e Pori Mee: The CoPorn o Puoic Records Act (k) Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege. 0) Correspondence of and to the Governor or employees of the Governor's office or in the custody of or maintained by the Governor's Legal Affairs Secretary. However, public records shall not be transferred to the custody of the Governor's Legal Affairs Secretary to evade the disclosure provisions of this chapter. In the custody of or maintained by the Legislative Counsel. except those records in the public database maintained by the Legislative Counsel that are described in Section 10248. Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to establish his or her personal qualification for the license, certificate, or permit applied for. (o) Financial data contained in applications for financing under Division 27 (commencing with Section 44500) of the Health and Safety Code, where an authorized officer of the California Pollution Control Financing Authority determines that disclosure of the financial data would be competitively injurious to the applicant and the data is required in order to obtain guarantees from the United States Small Business Administration. The California Pollution Control Financing Authority shall adopt rules for review of individual requests for confidentiality under this section and for making available to the public those portions of an application that are subject to disclosure under this chopter. (P) Records of state agencies related to activities governed by Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), and Chapter 12 (commencing with Section 3560) of Division 4, that reveal a state agency's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under these chapters. This subdivision shall not be construed to limit the disclosure duties of a state agency with respect to any other records relating to the activities governed by the employee relations acts referred to in this subdivision. (q) (I) Records of state agencies related to activities governed by Article 2.6 (commencing with Section 14081), Article 2.8 (commencing with Section 14087.5). and Article 2.91 (commencing with Section 14089) Pubic Reconis ACt 0 2017 Richards. Watson 1 Gershon 2049629 Page 87 Port Three- The caitama Pubic Reec*j Act of Chapter 7 of Part 3 of Division 9 of the welfare and Institutions Code, that reveal the special negotiator's deliberative processes, discussions, communications, or any other portion of the negotiations with providers of health core services, impressions, opinions, recommendations, meeting minutes, research, work product. theories, or strategy, or that provide instruction, advice, or training to employees. (2) Except for the portion of a contract containing the rates of payment, contracts for inpatient services entered into pursuant to these articles, on or after April 1, 1984, shall be open to inspection one year after they are fully executed. If a contract for inpatient services that is entered into prior to April 1, 1984, is amended on or after April 1, 1984, the amendment. except for any portion containing the rates of payment, shall be open to inspection one year after it is Fully executed. If the California medical Assistance Commission enters into contracts with health care providers for other than inpatient hospital services, those contracts shall be open to inspection one year atter they are fully executed. (3) Three years after a contract or amendment is open to inspection under this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (4) Notwithstanding any other provision of law, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee and the Legislative Analyst's Office. The committee and that office shall maintain the confidentiality of the contracts and amendments until the time a contract or amendment is fully open to inspection by the public. (r) Records of Native American graves. cemeteries, and sacred places and records of Native American places. features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code maintained by, or in the possession of. the Native American Heritage Commission, another state agency. or a local agency. (s) A final accreditation report of the Joint Commission on Accreditation of Hospitals that has been transmitted to the State Department of Health Care Services pursuant to subdivision (b) of Section 1282 of the Health and Safety Code. (1) Records of o local hospital district, formed pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code. or the records of a municipal hospital, formed pursuant to Article 7 Pubic Records Act 42017 Richards Wahon d Ger)hor 2049629 Page 88 Port Three; The CpkN wrwo Pvt Ic Reccoas Ac' (commencing with Section 37600) or Article 8 (commencing with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4 of this code, that relate to any contract with an insurer or nonprofit hospital service pion for inpatient or outpatient services for alternative rates pursuant to Section 10133 of the Insurance Code. However, the record shall be open to inspection within one year after the contract is fully executed. (u) (1) Information contained in applications for licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department that indicates when or where the applicant is vulnerable to attack or that concems the applicant's medical or psychological history or that of members of his or her family. (2) 'he home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in applications for licenses to carry Firearms issued pursuant to Section 26150, 26155. 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department. (3) fie home address and telephone number of prosecutors, public defenders, peace officers. judges. court commissioners, and magistrates that ore set forth in licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department. (v) (1) Records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services related to activities governed by Part 6.3 (commencing with Section 12695), Part 6.5 [commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2 (commencing with Section 15810) or Chapter 4 (commencing with Section 15870) of Port 3.3 of Division 9 of the Welfare and Institutions Code, and that reveal any of the following: (A) The deliberative processes. discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the board or the deportment, entities with which the board or the department is considering a contract, or entities with which the board is considering or Pubic Records Ad C 2017 Richards. Watson & Gersnor 2049629 Page 89 Part rlree_ the Cairorrro Pubic Records ACt (w) enters into any other arrangement under which the board or the department provides, receives, or arranges services or reimbursement, (B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories. or strategy of the board or its staff or the department or its staff, or records that provide instructions. advice, or training to their employees. (2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to Part 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2.2 (commencing with Section 15850 of Division 9 of the Welfare and Institutions Code, on or after July 1, 1991, shall be open to inspection one year after their effective dates. (3) (B) If a contract that is entered into prior to July 1, 1991, is amended on or after July 1. 1991, the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after the effective date of the amendment. Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts ore open to inspection pursuant to paragraph (3). (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, and that reveal the deliberative processes, discussions, communications. or any other portion of the negotiations with health plans, or the impressions. opinions, recommendations. meeting minutes, research, work product, theories. or strategy of the board or its staff, or records that provide instructions, advice, or training to employees. Pudic Records Act O 2017 Rpchords. Watson & Gershon 2049629 Poge op Pai Trree: The CaHotrio Pubic Recorm ACt (2) Except for the portion of a contract that contains the rates of payment, contracts for health coverage entered into pursuant to Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, on or after January 1, 1993, shall be open to inspection one year after they have been fully executed. (3) Notwithstanding any other low, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (2). (x) Financial data contained in applications for registration, or registration renewal, as a service contractor filed with the Director of Consumer Affairs pursuant to Chapter 20 (commencing with Section 9800) of Division 3 of the Business and Professions Code, for the purpose of establishing the service contractor's net worth, or financial data regarding the funded accounts held in escrow for service contracts held in force in this state by a service contractor. (y) (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, and that reveal any of the following: (A) The deliberative processes, discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement. (B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or records that provide instructions, advice. or training to employees. (2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to Port 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, on or after January 1, 1998, shag be open to inspection one year after their effective dates. Pubic Records Act C 2017 RIchordswotson b Gershon 2049629 Page 9 Part Thee; The Cordo►no Pubic Records Act (3) (B) If a contract entered into pursuant to Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code is amended, the amendment shah be open to inspection one year after the effective date of the amendment. Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of poyment shall be open to inspection. (4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a controct are open to inspection pursuant to paragraph (2) or (3). (5) The exemption from disclosure provided pursuant to this subdivision for the contracts. deliberative processes, discussions. communications, negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff shall also apply to the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories. or strategy of applicants pursuant to Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code. (z) Records obtained pursuant to paragraph (2) of subdivision (c) of Section 2891.1 of the Public Utilities Code. (oo) A document prepared by or for a state or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations and that is for distribution or consideration in a closed session. (ab) Critical infrastructure information, as defined in Section 131(3) of Title 6 of the United States Code. that is voluntarily submitted to the Office of Emergency Services for use by that office. including the identity of the person who or entity that voluntarily submitted the information. As used in this subdivision, "voluntarily submitted" means submitted in the absence of the office exercising any legal authority to compel access to or submission of critical infrastructure information. This subdivision shall not affect the Pubic ReCads ACT O 2p t 7 Richards. Watson & Gershon 2049629 Page 92 Part Three: The California Pk)bbc Records AcI status of information in the possession of any other state or local governmental agency. (ac) All information provided to the Secretory of Stote by a person for the purpose of registration in the Advance Health Care Directive Registry. except that those records shall be released at the request of a health care provider, a public guardian, or the registrant's legal representative. (ad) The following records of the State Compensation Insurance Fund: (1) Records related to claims pursuant to Chapter 1 (commencing with Section 3200) of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable informotion would be disclosed. (2) Records related to the discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the fund, and any related deliberations_ (3) Records reloted to the impressions. opinions, recommendations, meeting minutes of meetings or sessions thot are lawfully closed to the public, research, work product. theories. or strategy of the fund or its staff, on the development of rates. contracting strategy, underwriting, or competitive strategy pursuant to the powers granted to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code. (4) Records obtained to provide workers' compensation insurance under Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, including, but not limited, to, any medical claims information, policyholder information provided that nothing in this paragraph shall be interpreted to prevent an insurance agent or broker from obtaining proprietary information or other information authorized by law to be obtained by the agent or broker, and informotion on rates, pricing, and claims handling received from brokers. [5) (A) Records that ore trade secrets pursuant to Section 6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, including without limitation, instructions, advice. or training provided by the State Compensation Insurance Fund to its board members, officers, and employees regarding the fund's special investigation unit, internal audit unit, and informational security, marketing, PubIC Records Ac' C 2017 RtcnorCs wotsan b Gersnor 2049629 9oge 93 Port Three: The California Pubic Records Act rating. pricing, underwriting, claims handling, audits, and collections. (B) Notwithstanding subparagraph (A), the portions of records containing trade secrets shall be available for review by the Joint Legislative Audit Committee. California Auditor's Office, Division of Workers' Compensation, and the Department of Insurance to ensure compliance with applicable law. (6) (A) Internal audits containing proprietary information and the following records that are related to an intemal audit: (i) Personal papers and correspondence of any person providing assistance to the fund when that person has requested in writing that his or her papers and correspondence be kept private and confidential. Those papers and correspondence shall become public records if the written request is withdrawn, or upon order of the fund. (ii) Papers, correspondence. memoranda, or any substantive information pertaining to any audit not completed or an internal audit that contains proprietary information. (B) Notwithstanding subparagraph (A), the portions of records containing proprietary information, or any information specified in subparagraph (A) shall be available for review by the Joint Legislative Audit Committee, California State Auditor's Office, Division of workers' Compensation, and the Department of Insurance to ensure compliance with applicable law. (7) (A) Except as provided in subparagraph (C), contracts entered into pursuant to Chapter 4 (commencing with Section 1 1770) of Part 3 of Division 2 of the Insurance Code shall be open to inspection one year after the contract has been fully executed. (B) If a contract entered into pursuant to Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code is amended, the amendment shall be open to inspection one year after the amendment has been fully executed. Pubic Records Act O 2017 Richards. Watson & Gershon 2049629 Pogo 94 Port Three: The Cotuorne Pubic Records Act (CJ Three years after o contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. ID) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to this paragraph. (E) This paragraph is not intended to opply to documents related to contracts with public entities that are not otherwise expressly confidential as to that public entity. (F) For purposes of this paragraph. "fully executed" means the point in time when all of the necessary parties to the contract hove signed the contract. This section does not prevent any agency from opening its records concerning the administration of the agency to public inspection, unless disclosure is otherwise prohibited by low. This section does not prevent any health faclity from disclosing to a certified bargaining agent relevant financing information pursuant to Section 8 of the National Labor Relations Act (29 U.S.C. Sec. 158). Section 6254.1. Disclosure of residence. mailing address or results of test for competency to safely operate motor vehicle (o) Except as provided in Section 6254.7, nothing in this chapter requires disclosure of records that are the residence address of any person contained in the records of the department of Housing and Community Development, if the person has requested confidentiality of that information, in accordance with Section 18081 of the Health and Safety Code. (b) Nothing in this chapter requires the disclosure of the residence or mailing address of any person in any record of the Department of Motor Vehicles except in accordance with Section 1808.21 of the Vehicle Code. (c) Nothing in this chapter requires the disclosure of the results of a test undertaken pursuant to Section 12804.8 of the Vehicle Code. Putt Records Act C 2017 Richards, Watson d Gershon 2049629 Pape 95 Port Pres: the Coilornio Pubic Recods Ac' Section 6254.2. Pesticide safety and efficacy information: public disclosure; limitations; procedures (a) Nothing in this chapter exempts from public disclosure the same categories of pesticide safety and efficacy information that are disclosable under paragraph (1) of subsection (d) of Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136h(d)(1)), if the individual requesting the information is not an officer, employee, or agent specified in subdivision (h) and signs the affirmation specified in subdivision (h). (b) The Director of Pesticide Regulation, upon his or her initiative, or upon receipt of a request pursuant to this chapter for the release of data submitted and designated as a trade secret by a registrant or applicant, shall determine whether any or all of the data so submitted is o properly designated trade secret. In order to assure that the interested public has an opportunity to obtain and review pesticide safety and efficacy data and to comment prior to the expiration of the public comment period on o proposed pesticide registration, the director shall provide notice to interested persons when an application for registration enters the registration evaluation process. (c) If the director determines that the data is not a trade secret, the director shall notify the registrant or applicant by certified mail. (d) The registrant or applicant shall have 30 days after receipt of this notification to provide the director with a complete justification and statement of the grounds on which the trade secret privilege is claimed. This justification and statement shall be submitted by certified mail. (e) The director shall determine whether the data is protected as a trade secret within 15 days after receipt of the justification and statement or, if no justification and statement is filed. within 45 days of the original notice. The director shall notify the registrant or applicant and any party who has requested the data pursuant to this chapter of that determination by certified mail. If the director determines that the data is not protected as a trade secret, the final notice shall also specify a date, not sooner than 15 days after the date of mailing of the final notice, when the data shall be available to any person requesting information pursuant to subdivision (0) (f) 'Trade secret" means data that is nondisclosable under paragraph (1) of subsection (d) of Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act_ Pubic Records Act C 2017 Richards. wolson & Gershon 2049629 Page 96 Port Threw The Collor -ma Pubic Records Act (9) This section shall be operative only so long as, and to the extent that, enforcement of paragraph (1J of subsection (d) of Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act has not been enjoined by federal court order. and shall become inoperative if an unappealable federal court judgment or decision becomes final that holds that paragraph invalid, to the extent of the invalidity. (h) The director shall not knowingly disclose information submitted to the state by an applicant or registrant pursuant to Article 4 (commencing with Section 1281 1) of Chapter 2 of Division 7 of the Food and Agricultural Code to any officer, employee, or agent of any business or other entity engaged in the production, sale, or distribution of pesticides in countries other than the United States or in countries in addition to the United States. or to any other person who intends to deliver this information to any foreign or multi -national business or entity, unless the applicant or registrant consents to the disclosure. To implement this subdivision, the director shall require the following affirmation to be signed by the person who requests such information: Pubic Records Ac' O 2017 Rtichards. Watson & Gershon 2049629 Pape 97 Part Tree: The Conform° Pubk Records Act AFFIRMATION OF STATUS This affirmation is required by Section 6254.2 of the Government Code. I hove requested access to information submitted to the Department of Pesticide Regulation (or previously submitted to the Department of Food and Agriculture) by a pesticide applicant or registrant pursuant to the California Food and Agricultural Code. !hereby affirm all of the following statements: (1) I do not seek access to the information for purposes of delivering it or offering it for sale to any business or other entity, including the business or entity of which I am an officer, employee, or agent engaged in the production, sale, or distribution of pesticides in countries other than the United States or in countries in addition to the United States, or to the officers, employees, or agents of such a business or entity. (2) I will not purposefully deliver or negligently cause the data to be delivered to a business or entity specified in paragraph (1) or its officers, employees, or agents. I am aware that I may be subject to criminal penalties under Section 118 of the Penal Code if I make any statement of material facts knowing that the statement is false or if I willfully conceal any material fact. Name of Requester Name of Requester's Organization Sipnoture of Requester Address of Requester Dote Request No. Telephone Number of Requester Nome. Address and Telpnone Number of Rer-welter's rt Me Re0uester has requssred °costes to the .neorrn000n on behalf of someone other than the Requester or the Requester's address bted above (i) Notwithstanding any other provision of this section, the director may disclose information submitted by an applicant or registrant to any person in connection with a public proceeding conducted under law or regulation, if the director determines that the information is needed to determine whether a pesticide, or any ingredient of any pesticide. causes unreasonable adverse effects on health or the environment. u) The director shall maintain records of the names of persons to whom data is disclosed pursuant to this section and the persons or organizations they Paten Records ACt 0 2017 Richards. Watson & Gershon 2049629 Page 96 POA Three: The GOitorno Pubic Records Act represent and shall inform the applicant or registrant of the names and the affiliation of these persons. (k) Section 1 18 of the Penal Code applies to any affirmation mode pursuant to this section. (I) Any officer or employee of the state or former officer or employee of the state who, because of this employment or official position, obtains possession of, or has access to, material which is prohibited from disclosure by this section, and who, knowing that disclosure of this material is prohibited by this section, willfully discloses the material in any manner to any person not entitled to receive it, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in the county jail for not more than one year. or by both fine and imprisonment. For purposes of this subdivision, any contractor with the state who is furnished information pursuant to this section, or any employee of any contractor. shall be considered an employee of the state. (m) This section does not prohibit any person from maintaining a civil action for wrongful disclosure of trade secrets. (n) The director may limit on individual to one request per month pursuant to this section if the director determines that a person has made a frivolous request within the past 12 -month period. Section 6254.3. Public agency employees; home addresses, phone numbers, and birth dates as public records; disclosure (a) The home addresses, home telephone numbers. personal cellular telephone numbers. and birth dotes of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection, except that disclosure of that information may be made as follows: To an agent, or a family member of the individual to whom the information pertains. (2) To an officer or employee of another public agency when necessary for the performance of its official duties. (3) To an employee organization pursuant to regulations and decisions of the Public Employment Relations Board, except that the home addresses and any phone numbers on file with the employer of Put Sc Recons Act O 2017 Richords Watson & Gesnor 2049629 P•t 09 Part 'tree: The Caitorrwo Pubic Records Act employees performing law enforcement -related functions, and the birth date of ony employee. shall not be disclosed. {41 To an agent or employee of a health benefit plan providing health services or administering claims for health services to public agencies and their enrolled dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents. (b) Upon written request of any employee, a public agency shall not disclose the employee's home address, home telephone number, personal cellular telephone number, or birth date pursuant to paragraph (3) of subdivision (a) and on agency shall remove the employee's home address. home telephone number, and personal cellular telephone number from any mailing list maintained by the agency. except if the list is used exclusively by the agency to contact the employee. Section 6254.4. Voter registration information; confidentiality (a) The home address, telephone number, email address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the affidavit of registration, is confidential and shall not be disclosed to any person, except pursuant to Section 2194 of the Elections Code. (b) For purposes of this section, "home address" means street address only, and does not include an individual's City or post office address. (c) The Colifomia driver's license number. the California identification card number, the social security number, and ony other unique identifier used by the State of California for purposes of voter identification shown on an affidavit of registration, or added to the voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.J, are confidential and shad not be disclosed to any person. (d) The signature of the voter that is shown on the affidavit of registration is confidential and shall not be disclosed to any person. Section 6254.5. Disclosures of pubNc records; waiver of exemptions; application of section Notwithstanding any other provisions of law, whenever a state or local agency discloses a public record which is otherwise exempt from this chapter, to any member of the public. this disclosure shall constitute a waiver of the exemptions Pubic Records Ac" C 2017 Richards. wo'son & Gershon 2019629 P WO 100 Part Three: The CaHtomo Pubic Records ACt specified in Sections 6254. 6254.7. or other similar provisions of law. For purposes of this section, "ogency" includes a member, agent, officer, or employee of the agency acting within the scope of his or her membership. agency, office. or employment. This section, however, shall not apply to disclosures: (a) Made pursuant to the Information Practices Act (commencing with Section 1798 of the Civil Code) or discovery proceedings. (b) Made through other legal proceedings or as otherwise required by law_ (c) Within the scope of disclosure of a statute which limits disclosure of specified writings to certain purposes. (d) Not required by law. and prohibited by formal action of an elected legislative body of the local agency which retains the writings. (e) Made to any governmental agency which agrees to treat the disclosed material as confidential. Only persons authorized in writing by the person in charge of the agency shall be permitted to obtain the information. Any information obtained by the agency shall only be used for purposes which are consistent with existing law. (1) Of records relating to a financial institution or an affiliate thereof, if the disclosures are mode to the financial institution or affiliate by a state agency responsible for the regulation or supervision of the financial institution or affiliate. (g) Of records relating to any person that is subject to the jurisdiction of the Department of Business Oversight, if the disclosures are mode to the person that is the subject of the records for the purpose of corrective action by that person, or if a corporation, to an officer, director, or other key personnel of the corporation for the purpose of corrective action. or t0 any other person to the extent necessary to obtain information from that person for the purpose of an investigation by the Deportment of Corporations. (h) Made by the Commissioner of Business Oversight under Section 450, 452. 8009. or 18396 of the Financial Code. (i) of records relating to any person that is subject to the jurisdiction of the Department of Managed Health Care, if the disclosures are made to the person that is the subject of the records for the purpose of corrective action by that person, or if a corporation, to an officer, director, or other Pubic Records Act C 2017 Richards. Watson & Gershon 2049629 POB@ 101 Por) Three.: The California Pudic Records Act key personnel of the corporation for the purpose of corrective action, or to any other person to the extent necessary to obtain information from that person for the purpose of an investigation by the Department of Managed Health Care. Section 6254.6. Private Industry wage data from federal bureau of labor statistics; identity of employers; confidentiality Whenever a City and county or a joint powers agency, pursuant to a mandatory statute or charter provision to collect private industry wage data for salary setting purposes, or a contract entered to implement that mandate, is provided this data by the federal Bureau of Labor Statistics on the basis that the identity of private industry employers shall remain confidential, the identity of the employers shall not be open to the public or be admitted as evidence in any action or special proceeding. Section 6254.7. Air pollution data; public records; notices and orders to building owners; trade secrets; data used to calculate costs of obtaining emission offsets (o) All information, analyses, plans, or specifications that disclose the nature, extent. quantity, or degree of air contaminants or other pollution which ony article, machine, equipment, or other contrivance will produce, which any air pollution control district or air quality management district, or any other state or local agency or district, requires any applicant to provide before the applicant builds, erects, alters, replaces, operates, sells. rents, or uses the article. machine, equipment, or other contrivance, are public records. (b) All air or other pollution monitoring data, including data compiled from stationary sources, are public records. (c) All records of notices and orders directed to the owner of any building of violations of housing or building codes, ordinances, statutes, or regulations which constitute violations of standards provided in Section 1941.1 of the Civil Code, and records of subsequent action with respect to those notices and orders. are public records. (d) Except as otherwise provided in subdivision (e) and Chapter 3 (commencing with Section 99150) of Part 65 of the Education Code, trade secrets are not public records under this section. "Trade secrets." as used in this section, may include, but are not limited to, any formula. plan, pattern, process, tool. mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to Pubic Records Act ® 2017 Richards, wohon & Gershon 2049629 Page '02 Part Three. The C[Worm Pubic Records Act (e) (f) fabricate, produce, or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. Notwithstanding any other provision of law, all air pollution emission data, including those emission data which constitute trade secrets as defined in subdivision (d), are public records. Data used to calculate emission data are not emission data for the purposes of this subdivision and data which constitute trade secrets and which are used to calculate emission data are not public records. Data used to calculate the costs of obtaining emissions offsets ore not public records. At the time that on air pollution control district or air quality management district issues a permit to construct to an applicant who is required to obtain offsets pursuant to district rules and regulations, data obtained from the applicant consisting of the year the offset transaction occurred, the amount of offsets purchased. by pollutant, and the total cost, by pollutant, of the offsets purchased is a public record. If an application is denied, the data shall not be a public record. Section 6254.8. Employment contracts between state or local agency and public official or employee; public record Every employment contract between a state or vocal agency and any public official or public employee is a public record which is not subject to the provisions of Sections 6254 and 6255. Section 6254.9. Computer software; status as public record: sale, lease. or license authorized; limitations (a) Computer software developed by a state or local agency is not itself a public record under this chapter. The agency may sell, lease, or license the software for commercial or noncommercial use. (b) As used in this section, "computer software" includes computer mapping systems, computer programs. and computer graphics systems. (c) This section shall not be construed to create an implied warranty on the part of the State of California or any local agency for errors. omissions. or other defects in any computer software as provided pursuant to this section. (d) Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer. Public records stored in a computer shall be disclosed as required by this chapter. P,lb►c Records Ac' a 2017 Richards Watson & Gershon 2019629 Pogo 103 Part Throe: ThiCallorrno Pubrc Records Act (e) Nothing in this section is intended to limit any copyright protections. Section 6254.10. Disclosure of records relating to archaeological site information and specified reports not required Nothing in this chapter requires disclosure of records that relate to archaeological site information and reports maintained by, or in the possession of, the Department of Parks and Recreation, the State Historical Resources Commission, the State Lands Commission, the Native American Heritage Commission, another state agency. or a local agency, including the records that the agency obtains through a consultation process between a California Native American tribe and a stote or local agency. Section 6254.11. Volatile organic compounds or chemical substances information Nothing in this chapter requires the disclosure of records that relate to volatile organic compounds or chemical substances information received or compiled by an air pollution control officer pursuant to Section 42303.2 of the Health and Safety Code. Section 6254.12. broker-dealer license information; disciplinary records Any information reported to the North American Securities Administrators Association/Financial Industry Regulatory Authority and compiled as disciplinary records which are made available to the Department of Business Oversight through a computer system, shall constitute a public record. Notwithstanding any other provision of law, the Deportment of Business Oversight may disclose that information and the current license status and the year of issuance of the license of a broker-dealer upon written or oral request pursuant to Section 25247 of the Corporations Code. Section 6254.13. Statewide testing program: test questions or materlals; disclosure to Member of legislature or Governor; confidentiality Notwithstanding Section 6254, upon the request of any Member of the Legislature or upon request of the Governor or his or her designee, test questions or materials that would be used to administer an examination and are provided by the State Department of Education and administered as part of a statewide testing program of pupils enrolled in the public schools shall be disclosed to the requester. These questions or materials may not include an individual examination that has been administered to o pupil and scored. The requester may not take physical possession of the questions or materials, but may view the questions or materials at a location selected by the department. Upon viewing Pubic Records Act m 2017 RIchords. Watson & Gershon 2049629 Page 104 Port Three: The Cotlama Pubic Records ACt this information, the requester shall keep the materials that he or she has seen confidential. Section 6254.14. Health care services contract records of the Department of Corrections and Rehabilitation or the California Medical Assistance Commission (a) (1) Except as provided in Sections 6254 and 6254.7, nothing in this chapter shall be construed to require disclosure of records of the Department of Corrections and Rehabilitation that relate to health core services contract negotiations, and that reveal the deliberative processes, discussions, communications, or any other portion of the negotiations, including, but not limited to. records related to those negotiations such as meeting minutes, research, work product, theories, or strategy of the department, or its staff. or members of the California Medical Assistance Commission, or its staff, who act in consultation with, or on behalf of, the department. (2) Except for the portion of a contract that contains the rates of payment, contracts for health services entered into by the Department of Corrections and Rehabilitation or the Colifornia Medical Assistance Commission on or after July 1, 1993, shall be open to inspection one year after they are fully executed. In the event that a contract for health services that is entered into prior to July 1, 1993, is amended on or after July 1, 1993, the amendment, except for any portion containing rates of payment, shall be open to inspection one yeor after it is fully executed. (3) Three years after a contract or amendment is open to inspection under this subdivision. the portion of the contract or amendment containing the rates of payment shall be open to inspection. (4) Notwithstanding any other provision of law, including, but not limited to, Section 1060 of the Evidence Code, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee, the California State Auditor's Office, and the Legislative Analyst's Office. The Joint Legislative Audit Committee. the California State Auditor's Office, and the Legislative Analyst's Office shall maintain the confidentiality of the contracts and amendments until the contract or amendment is fully open to inspection by the public. (5) It is the intent of the Legislature that confidentiality of health care provider contracts, and of the contracting process as provided in this subdivision. is intended to protect the competitive nature of the Pubic Records Acl 0 2017 Richards Waflor & Gershon 2019629 PP9e I O5 Port three. rhe Coblorrro Pubic Records Act negotiation process, and shall not affect public access to other information relating to the delivery of health care services. (b) The inspection authority and confidentiality requirements established in subdivisions (q), (v), and (y) of Section 6254 for the Legislative Audit Committee shall also apply to the California State Auditor's Office and the Legislative Analyst's Office. Section 6254.15. Information relating to retention, location, or expansion of corporate facility within the state; redaction Nothing in this chapter shall be construed to require the disclosure of records that are any of the following: corporate financial records. corporate proprietary information including trade secrets, and information relating to siting within the state furnished to a government agency by a private company for the purpose of permitting the agency to work with the company in retaining, locating, or expanding a facility within California. Except as provided below, incentives offered by state or local government agencies. if any, shall be disclosed upon communication to the agency or the public of a decision to stay, locate, relocate, or expand, by a company, or upon application by that company to a governmental agency for a general plan amendment, rezone. use permit, building permit, or any other permit, whichever occurs first. The agency shall delete, prior to disclosure to the public, information that is exempt pursuant to this section from any record describing state or local incentives offered by an agency to a private business to retain, locate, relocate, or expand the business within California. Section 6254.16. Utility customers: disclosure of names, credit histories, usage data, addresses, or telephone numbers Nothing in this chapter shall be construed to require the disclosure of the name, credit history, utility usage data, home address, or telephone number of utility customers of local agencies, except that disclosure of name, utility usage data, and the home address of utility customers of local agencies shall be made available upon request as follows: (a) To an agent or authorized family member of the person to whom the information pertains. (b) To on officer or employee of another governmental agency when necessary for the performance of its official duties. (c) Upon court order or the request of a law enforcement agency relative to an ongoing investigation. PvbiC Recped5 AC' C 2017 RicherOs. Watson & Genhnr 2049629 Page 106 Port Wee: Tine Cott erro Public Records Act (d) Upon determination by the Tocol agency that the utility customer who is the subject of the request has used utility services in a manner inconsistent with applicable local utility usage policies. (e) Upon determination by the local agency that the utility customer who is the subject of the request is an elected or appointed official with authority to determine the utility usage policies of the local agency, provided that the home address of an appointed official shall not be disclosed without his or her consent. (f) Upon determination by the local agency that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure. Section 6254.17. Requests for assistance by crime victims (a) Nothing in this chapter shall be construed to require disclosure of records of the California Victim Compensation and Government Claims Board that relate to a request for assistance under Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of Division 3 of Title 2. (b) This section shall not apply to a disclosure of the following information, if no information is disclosed that connects the information to a specific victim, derivative victim. or applicant under Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of Division 3 of Title 2: (1) The amount of money paid to specific provider of services. (2) Summary data concerning the types of crimes for which assistance is provided. Section 6254.18. Exemption of personal information received, collected, or compiled by public agency regarding employees, volunteers, board members. owners, etc. of reproductive health services facilities: definitions; injunctive relief notification of application: term of protection; notice of separation (a) Nothing in this chapter shall be construed to require disclosure of any personal information received. collected. or compiled by a public agency regording the employees. volunteers. board members. owners, partners, officers, or contractors of a reproductive health services facility who have notified the public agency pursuant to subdivision (d) if the personal information is contained in a document that relates to the facility. Pubic Records ACI 0 2017 Richordti. Watson & Gannon 2049629 Page 107 Port !tree. The Caitorrsa Pubic Records Act (b) For purposes of this section. the following terms have the following meanings: (1) "Contractor" means an individual or entity that contracts with a reproductive health services facility for services related to patient care. (2) "Personal information" means the following information related to an individual that is maintained by a public agency: sociol security number. physical description, home address. home telephone number, statements of personal worth or personal financial data Red pursuant to subdivision (n) of Section 6254. personal medical history, employment history. electronic moil address. and information that reveals any electronic network location or identity. "Public agency" means all of the following: (A) The State Department of Health Care Services. (8) The Department of Consumer Affairs. (C) The Department of Managed Health Care. (D) The State Department of Public Health. 13) (5) "Reproductive health services facility" means the office of a licensed physician and surgeon whose specialty is family practice, obstetrics, or gynecology, or a licensed clinic, where at least 50 percent of the patients of the physician or the clinic are provided with family planning or abortion services. (c) Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to obtain access to employment history information pursuant to Sections 6258 and 6259. If the court finds. based on the facts of a particular case, that the public interest served by disclosure of employment history information clearly outweighs the public interest served by not disclosing the information, the court shall order the officer or person charged with withholding the information to disclose employment history information or show cause why he or she should not do so pursuant to Section 6259. (d) In order for this section to opply to an individual who is an employee, volunteer, board member, officer, or contractor of a reproductive health services facility, the individual shall notify the public agency to which his or her personal information is being submitted or has been submitted that he Pubic Records Act 0 2017 Richards. Watson b Gershon 2049629 Page I Ce Part thee: the California Pubic Records Act or she falls within the application of this section. The reproductive health services facility shall retain a copy of all notifications submitted pursuant to this section. This notification shall be valid if it complies with all of the following: (1) Is on the official letterhead of the facility. (2) Is clearly separate from any other language present on the same page and is executed by a signature that serves no other purpose than to execute the notification. (3) Is signed and dated by both of the following: (A) The individual whose information is being submitted. (B) The executive officer or his or her designee of the reproductive health services facility, (e) The privacy protections for personal information authorized pursuant to this section shall be effective from the time of notification pursuant to subdivision (d) until either one of the following occurs: Six months after the date of separation from a reproductive health services facility for an individual who has served for not more than one year as an employee. contractor, volunteer, board member, or officer of the reproductive health services facility. (2) One year after the date of separation from a reproductive health services facility for an individual who has served for more than one year as an employee, contractor, volunteer. board member, or officer of the reproductive health services facility. (f) within 90 days of separation of an employee, contractor, volunteer, board member. or officer of the reproductive health services facility who has provided notice to a public agency pursuant to subdivision (c), the facility shall provide notice of the separation to the relevant agency or agencies. (g) Nothing in this section shall prevent the disclosure by a government agency of data regarding age. race, ethnicity, notional origin, or gender of individuals whose personal information is protected pursuant to this section, so long as the data contains no individually identifiable information. Pubic Records Act 0 2017 Richards. Watson 8 Gershon 2049624 Page 109 Pori Twee: The Cc:lac/ r) Pubic Records Act Section 6254.19. Information security records; records stored within Information technology systems Nothing in this chapter shall be construed to require the disclosure of an information security record of a public agency, if, on the facts of the particular case, disclosure of that record would reveal vulnerabilities to. or otherwise increase the potential for an attack on, an information technology system of a public agency. Nothing in this section shall be construed to limit public disclosure of records stored within an information technology system of a public agency that are not otherwise exempt from disclosure pursuant to this chapter or any other provision of law. Section 6254.20. Electronically collected personal information Nothing in this chapter shall be construed to require the disclosure of records that relate to electronically collected personal information, as defined by Section 1 1015.5, received, collected, or compiled by a state agency. Section 6254.21. Posting or sale of elected or appointed official's personal Information on Internet; remedies for violation; liability of computer service or software provider (a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual, (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official's residing spouse or chid on the Internet knowing that person is an elected or appointed official and intending to cause imminent great !podgy harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of this subdivision that leads to the bodiy injury of the official, or his or her residing spouse or child. is a misdemeanor or a felony. (1) (A) No person, business. or association shall publicly post or publicly display on the Internet the home address or telephone number of any elected or appointed official if that official has either directly or through an agent designated under paragraph (3), made a written demand of that person, business, or association to not disclose his or her home address or telephone number. (c) (B) A written demand made under this paragraph by a state constitutional officer, o mayor, or a Member of the Pubic RecCeds AC 0 201/ rbchards. wofson b Gershon 2049629 Page ' 10 Part three. The California Pubic Records ACt Legislature, a City council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of whether or not the official's term has expired prior to the end of the four-year period. (0) (i) A person. business, or association that receives the written demand of an elected or appointed official pursuant to this paragraph shall remove the official's home address or telephone number from public display on the Internet. including information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue to ensure that this information is not reposted on the same Internet Website, subsidiary site, or any other Internet Website maintained by the recipient of the written demand. (ii) After receiving the elected or appointed official's written demand. the person, business, or association shall not transfer the appointed or elected official's home address or telephone number to any other person. business, or association through any other medium. (iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Section 234 of the Public Utilities Code. or its affiliate, from transferring the elected or appointed official's home address or telephone number to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, or tariff, or necessary in the event of an emergency, or to collect a debt owed by the elected or appointed official to the telephone corporation or its affiliate. (E) For purposes of this paragraph. "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. Pubic Records Act 0 2017 Ricnoras Watson & Gershon 2049629 Page Port Throe: The Co torruo Pubic ReCorth Act (d) (2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorney's fees. A fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or declarative relief obtained pursuant to this paragraph. An elected or appointed official may designate in writing the official's employer, a related governmental entity, or any voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to making a written demand pursuant to this section. In the case of an appointed official who is a peace officer, as defined in Section 830 to 830.65, inclusive, of the Penal Code, a District Attorney, or a Deputy District Attorney. that official may also designate his or her recognized collective bargaining representative to make a written demand on his or her behalf pursuant to this section. A written demand made by an agent pursuant to this paragraph shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (31 (1) No person, business, or association shall solicit, sell, or trade on the Internet the home address or telephone number of on elected or appointed official with the intent to cause imminent great bodily harm to the official or to any person residing at the official's home address. (2) Notwithstanding any other law, an official whose home address or telephone number is solicited. sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred. it shall award damages to that official in an amount up to a maximum of three times the actual damages but in no case Tess than four thousand dollars ($4.000). (e) An interactive computer service or access software provider. as defined in Section 230(f) of Title 47 of the United Stotes Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official. Pubic Records Act C 2017 rtichords. Watson & Connor 2049624 Page 112 Pori These: The Cabforrro Pub4c Records At+ (f) (For purposes of this section, "elected or appointed official" includes, but is not limited to, all of the following: (1) State constitutional officers, (2) Members of the Legislature. (3) Judges and court commissioners. (4) District attorneys. (5) Public defenders. (6) Members of a City council. (7) Members of o board of supervisors. (8) Appointees of the Governor. (9) Appointees of the Legislature. (10) Mayors. (1 1) City attorneys. (12) Police chiefs and sheriffs. (13) A public safety official as defined in Section 6254.24. (14) State administrative low judges. (15) Federal judges and federal defenders. (16) Members of the United States Congress and appointees of the President. (g) Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or any other provision of law. Section 6254.22. Records of certain health pians Nothing in this chapter or any other provision of law shall require the disclosure of records of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the manogement information system, or records in any other form. that relate to Pu $c Records AC1 O 2017 Richards, Watson & Gershon 2019629 Page ' :3 Pori TryB): The Cailprno Pubic Records Act provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulae or calculations for these payments, and contract negotiations with providers of health care for altemative rates for o period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Managed Health Care in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code. Section 6254.23. Disclosure of risk assessment or ralkoad Infrastructure protections program Nothing in this chapter or any other provision of law shall require the disclosure of a risk assessment or railroad infrastructure protection program filed with the Public Utilities Commission, the Director of Homeland Security, and the Office of Emergency Services pursuant to Article 7.3 (commencing with Section 7665) of Chapter 1 of Division 4 of the Public Utilities Code. Section 625424. "Public safely official" defined As used in this chapter, "public safety official" means the following parties, whether active or retired: (a) A peace officer as defined in Sections 830 to 830.65, inclusive, of the Penal Code. or a person who is not a peace officer, but may exercise the powers of arrest during the course and within the scope of their employment pursuant to Section 830.7 of the Penal Code. (b) A public officer or other person listed in Sections 1808.2 and 1808.6 of the Vehicle Code. (c) An "elected or appointed official" as defined in subdivision (f) of Section 6254.21. (d) An attorney employed by the Department of Justice, the State Public Defender, or a county office of the district attorney or public defender, the United States Attorney, or the Federal Public Defender. Pubic ReCorcS Act G 2017 Rschordt. Watson & Gershon 2049629 �, 4 Pan Three: The CoHomo Pubic Records Act (e) A City attorney and an attorney who represent cities in criminal matters. (f) An employee of the Department of Corrections and Rehabilitation who supervises inmates or is required to have a prisoner in his or her care or custody. (g) A sworn or nonswom employee who supervises inmates in a City police department, a county sheriff's office, the Department of the California Highway Patrol, federal, state, or a local detention facility, and a local juvenile hall, camp. ranch, or home. and a probation officer as defined in Section 830.5 of the Penal Code. (h) A federal prosecutor, a federal criminal investigator, and a National Park Service Ranger working in California. (i) The surviving spouse or child of a peace officer defined in Section 830 of the Penal Code, if the peace officer died in the line of duty. (j) State and federal judges and court commissioners. (k) An employee of the Attorney General. a district attorney, or a public defender who submits verification from the Attorney General, district attorney, or public defender that the employee represents the Attomey General, district attorney. or public defender in matters that routinely place that employee in personal contact with persons under investigation for. charged with, or convicted of. committing criminal acts. (l) A nonsworn employee of the Department of Justice or a police department or sheriff's office that, in the course of his or her employment, is responsible for collecting, documenting, and preserving physical evidence at crime scenes, testifying in court as an expert witness, and other technical duties, and a nonsworn employee that, in the course of his or her employment, performs a variety of standardized and advanced laboratory procedures in the examination of physical crime evidence, determines their results, and provides expert testimony in court. Section 6254.25. Memorandum from legal counsel to state body or local agency; pending litigation Nothing in this chapter or any other provision of law shall require the disclosure of a memorandum submitted to a state body or to the legislative body of a local agency by its legal counsel pursuant to subdivision (q) of Section 11126 or Section 54956.9 until the pending litigation has been finally adjudicated or otherwise settled. The memorandum shall be protected by the attorney work - Pubic Records Act C 2017 Richards Watson d Gershon 2049629 Pape 11S Pon twee: The California Pubic Records Ac! product privilege until the pending litigation has been finally adjudicated or otherwise settled. Section 6254.26. Alternative investments of public Investment funds; records exempt from disclosure (0) Notwithstanding any provision of this chapter or other law, the following records regarding alternative investments in which public investment funds invest shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the keeper of the information: Due diligence materials that are proprietary to the public investment fund or the alternative investment vehicle. (2) Quarterly and annual financial statements of alternative investment vehicles. (3) Meeting materials of alternative investment vehicles. (4) Records containing information regarding the portfolio positions in which alternative investment funds invest. (5) Capital cull and distribution notices. (6) Alternative investment agreements and all related documents. (b) Notwithstanding subdivision (a), the following information contained in records described in subdivision (a) regarding alternative investments in which public investment funds invest shall be subject to disclosure pursuant to this chapter and shall not be considered a trade secret exempt from disclosure: (1) The name. address, and vintage year of each alternative investment vehicle. (2) The dollar amount of the commitment made to each alternative investment vehicle by the public investment fund since inception. The dollar amount of cash contributions made by the public investment fund to each alternative investment vehicle since inception. (3) (4) The dollar amount, on a fiscal yearend basis. of cash distributions received by the public investment fund from each alternative investment vehicle. Pubic Records Act 2017 Richords. wo1sor1 & Gershon 2449629 Page 1 16 Port Thee. The California Pubic Records Act (5) The dollar amount. on a fiscal yearend basis. of cash distributions received by the public investment fund plus remoining value of partnership assets attributable to the public investment fund's investment in each alternative investment vehicle. (6) The net internal rate of return of each alternative investment vehicle since inception. (7) (8) (9) The investment multiple of each alternative investment vehicle since inception. The dollar amount of the total management fees and costs paid on an annual fiscal yearend basis, by the public investment fund to each alternative investment vehicle. The dollar amount of cash profit received by public investment funds from each altemative investment vehicle on a fiscal year-end basis. (c) For purposes of this section, the following definitions shall apply: (1) "Alternative investment" means an investment in a private equity fund, venture fund. hedge fund, or absolute return fund. (2) "Alternative investment vehicle" means the limited partnership, limited liability company, or similar legal structure through which the public investment fund invests in portfolio companies. (3) "Portfolio positions" means individual portfolio investments made by the altemotive investment vehicles. (4) "Public investment fund" means any public pension or retirement system, and any public endowment or foundation. Section 6254.27. Disclosure of official records not required If public record available: county recorder Nothing in this chapter shall be construed to require the disclosure by a county recorder of any "official record" if a "public record" version of that record is available pursuant to Article 3.5 (commencing with Section 27300) of Chapter 6 of Part 3 of Division 2 of Title 3. Pubic Records Act C 2017 Rbchards. Watson & Gershon 2019629 Page 1 17 Part Three. The Co aria Pubic Recoros Act Section 6254.28_ Disclosure of official records not required if public record available; flung office Nothing in this chapter shall be construed to require the disclosure by a filing office of any "official record" if a "public record" version of that record is available pursuant to Section 9526.5 of the Commercial Code. Section 6254.29. Legislative intent; protection of social security numbers (0) It is the intent of the Legislature that, in order to protect against the risk of identity theft, local agencies shall redact social security numbers from records before disclosing them to the public pursuant to this chapter. (b) Nothing in this chapter shall be construed to require a local agency to disclose a social security number. (c) This section shall not apply to records maintained by a county recorder. Section 6254.30. Disclosure of information by law enforcement agencies to victim or victim's authorized representative A state or local law enforcement agency shall not require a victim of an incident, or an authorized representative thereof. to show proof of the victim's legol presence in the United States in order to obtain the information required to be disclosed by that Iaw enforcement agency pursuant to subdivision (f) of Section 6254. However, if, for identification purposes, a state or local law enforcement agency requires identification in order for a victim of an incident, or an authorized representative thereof, to obtain that information, the agency shall, at minimum, accept a current driver's license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship, or a current Matricula Consular card. Section 6254.33 Vendors and contractors: disclosure of Identification number, alphanumeric character, or other unique identifying code used by public agency Nothing in this chapter shall require the disclosure of an identification number, alphanumeric character. or other unique identifying code that a public agency uses to identify a vendor or contractor. or an affiliate of a vendor or contractor, unless the identification number, alphanumeric character. or other unique identifying code is used in a public bidding or an audit involving the public agency. Pubic Records Ail O 2017 Richards woKon b Gershor 20x9629 Page 1113 Port three: The Cobtan0 Pubbc Records Act Section 6255. Justification for withholding of records (a) The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (b) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing, Section 6257.5. Purpose of request for disclosure; effect This chapter does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure. Section 6258. Proceedings to enforce right to inspect or to receive copy of record Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public record or class of public records under this chapter. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. Section 6259. Order of court review; contempt court costs and attorney fees (0) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain public records are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the public record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code. papers filed by the parties and any oral argument and additional evidence as the court may allow. (b) If the court finds that the public official's decision to refuse disclosure is not justified under Section 6254 or 6255, he or she shall order the public official to make the record public. If the judge determines that the public official was justified in refusing to make the record public, he or she shall return PLIC Records Act 0 2017 Richards, wotson & Gershon 20.19629 Page 19 Port three. the Coiforrtia Pubic Records Act the item to the public official without disclosing its content with an order supporting the decision refusing disclosure. (c) In an action filed on or after January 1. 1991. an order of the court, either directing disclosure by a public official or supporting the decision of the public official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file o petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to fie the petition shall be increased by five days. A stay of on order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court. (d) The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevoll in litigation filed pursuant to this section. The costs and fees shall be paid by the public agency of which the public official is a member or employee and shall not become a personal liability of the public official. If the court finds that the plaintiff's case is clearly frivolous, it shall award court costs and reasonable attomey fees to the public agency. Section 6260. Effect of chapter on prior rights and proceedings The provisions of this chapter shall not be deemed in any manner to affect the status of judicial records as it existed immediately prior to the effective date of this section, nor to affect the rights of litigants, including parties to administrative proceedings, under the laws of discovery of this state, nor to limit or impair any rights of discovery in a criminal case. Section 6261. Itemized statement of total expenditures and disbursement of any agency Notwithstanding Section 6252, an itemized statement of the total expenditures and disbursement of any agency provided for in Article VI of the California Constitution shall be open for inspection. Pudic Records Act 0 2A17 Richcwds, W tLp i & Gershon 2019629 Po9e ' 20 Pore Tree: The California Pubic Recabs Act Section 6262. Exemption of records of complaints to, or invesflgatlons by, any state or local agency for licensing purposes; application to district attorney The exemption of records of complaints to, or investigations conducted by, any state or local agency for licensing purposes under subdivision (f) of Section 6254 shall not apply when o request for inspection of such records is made by a district attorney. Section 6263. District attorney; inspection or copying of nonexempt public records A state or local agency shall allow an inspection or copying of any public record or class of public records not exempted by this chapter when requested by a district attorney. Section 6264. Order to allow district attorney to inspect or copy records The district attorney may petition a court of competent jurisdiction to require a state or local agency to allow him to inspect or receive a copy of any public record or class of public records not exempted by this chapter when the agency fails or refuses to allow inspection or copying within 10 working days of a request. The court may require a public agency to permit inspection or copying by the district attorney unless the public interest or good cause in withholding such records clearly outweighs the public interest in disclosure. Section 6265. Disclosure of records to district attorney; status of records Disclosure of records to a district attorney under the provisions of this chapter shall effect no change in the status of the records under any other provision of Iaw. Section 6267. Confidentiality of patron use records of any library supported by public funds; Exceptions; "Patron use records" All patron use records of any library which is in whole or in part supported by public funds shall remain confidential and shaK not be disclosed by a public agency, or private actor that maintains or stores patron use records on behalf of a public agency, to any person, local agency, or state agency except as follows: (a) By a person acting within the scope of his or her duties within the administration of the library. (b) By a person authorized, in writing, by the individual to whom the records pertain. to inspect the records. Pubic Records Act D 2017 Richards. Watson & Gershon 2049629 Page 121 Part Three. The Guido( no Pu4K Records Act (c) By order of the appropriate superior court. As used in this section, the term "patron use records" includes the following: Any written or electronic record, that is used to identify the patron, including, but not limited to. a patron's name, address, telephone number, or e-mail address, that a library patron provides in order to become eligible to borrow or use books and other materials. Any written record or electronic transaction that identifies a patron's borrowing information or use of library information resources, including, but not limited to, database search records, borrowing records. class records, and any other personally identifiable uses of library resources information requests, or inquiries. This section shall not apply to statistical reports of patron use nor to records of fines collected by the library. Section 6268. Public records in custody or control of Governor leaving office; transfer to state archives; restriction on public access: conditions Public records. as defined in Section 6252, in the custody or control of the Governor when he or she leaves office, either voluntarily or involuntarily, shall, as soon as is practical. be transferred to the State Archives. Notwithstanding any other provision of law, the Governor, by written instrument, the terms of which shall be mode public, may restrict public access to any of the transferred public records. or any other writings he or she may transfer, which have not already been made accessible to the public. With respect to public records, public access, as otherwise provided for by this chapter, shall not be restricted for o period greater than 50 years or the death of the Governor, whichever is later, nor shall there be any restriction whatsoever with respect to enrolled bill files, press releases, speech files, or writings relating to applications for clemency or extradition in cases which have been closed for a period of at least 25 years. Subject to any restrictions permitted by this section, the Secretary of State. as custodian of the State Archives, shall make all such public records and other writings available to the public as otherwise provided for in this chapter. Except as to enrolled bill files, press releases, speech files, or writings relating to applications for clemency or extradition, this section shall not apply to public records or other writings in the direct custody or control of any Governor who held office between 1974 and 1988 at the time of leaving office, except to the extent that that Governor may voluntarily transfer those records or other writings to the State Archives. Pubic Records AC1 C 2017 Richards. wotson & Gershon 2049629 Page i 22 Peri Thee. The Caifornia Pubic Records Act Notwithstanding any other provision of law, the public records and other writings of any Governor who held office between 1974 and 1988 may be transferred to any educational or research institution in California provided that with respect to public records, public access, as otherwise provided for by this chapter, shall not be restricted for a period greater than 50 years or the death of the Governor, whichever is later. No records or writings may be transferred pursuant to this paragraph unless the institution receiving them agrees to maintain, and does maintain, the materials according to commonly accepted archival standards. No public records transferred shall be destroyed by that institution without first receiving the written approval of the Secretary of State, as custodian of the State Archives, who may require that the records be placed in the State Archives rather than being destroyed. An institution receiving those records or writings shall allow the Secretary of State, as custodian of the State Archives, to copy, at state expense, and to make available to the public, any and all public records, and inventories, indices, or finding aids relating to those records, which the institution makes available to the public generally. Copies of those records in the custody of the State Archives shall be given the same legal effect as is given to the originals. Section 6268.5 Records subject to Section 6268; determination whether appropriate for preservation in State Archives; professional archival practices The Secretary of State may appraise and manage new or existing records that are subject to Section 6268 to determine whether the records are appropriate for preservation in the State Archives. For purposes of this section, the Secretory of State shall use professional archival practices, including. but not limited to, appraising the historic value of the records. arranging and describing the records, rehousing the records in appropriate storage containers, or providing any conservation treatment that the records require. Section 6270. Sale, exchange or otherwise providing records subject to disclosure to private entities: prohibition; exception (al Notwithstanding any other provision of law, no state or local agency shall sell, exchange, furnish, or otherwise provide a public record subject to disclosure pursuant to this chapter to a private entity in a manner that prevents a state or local agency from providing the record directly pursuant to this chapter. Nothing in this section requires a state or local agency to use the State Printer to print public records. Nothing in this section prevents the destruction of records pursuant to law. Pub1C RecoR7S Act 0 2017 Richards. Watson & Gershon 2049629 Page 123 Pori Three The CoMorro° Pubic Records Act (b) This section shall not apply to contracts entered into prior to January 1, 1996. between the County of Santa Clara and a private entity for the provision of public records subject to disclosure under this chapter. Section 6270.5 Catalog of enterprise systems; focal agency requirements: posting; disclosures; effect on public inspection rights (a) In implementing this chapter, each local agency, except a local educational agency, shall create a catalog of enterprise systems. The catalog shall be made publicly available upon request in the office of the person or officer designated by the agency's legislative body. The catalog shall be posted in a prominent location on the local agency's Internet Web site, if the agency hos an Internet Web site. The catalog shall disclose a list of the enterprise systems utilized by the agency and, for each system, shall also disclose all of the following: (1) Current system vendor. (2) Current system product. (3) A brief statement of the system's purpose. (4) A general description of categories or types of data. (5) The department that serves as the system's primary custodian. (6) How frequently system data is collected. (7) How frequently system data is updated. (b) This section shall not be interpreted to limit a person's right to inspect public records pursuant to this chapter. (c) For purposes of this section: (1) "Enterprise system" means a software application or computer system that collects, stores, exchanges, and analyzes information that the agency uses that is both of the following: (A) A multidepartmental system or a system that contains information collected about the public. (8) A system of record, (2) "System of record" means a system that serves an original source of data within an agency. Pubic Records Ac• O 2017 Richards, W'olson & Gershon 2049629 Pope 124 Port Thee_ The CaMforrra Pubrc Records Act (3) An enterprise system shall not include any of the following: (A) Information technology security systems, including firewalls and other cybersecurity systems. (B) Physical access control systems, employee identification management systems, video monitoring, and other physical control systems. (C) Infrastructure and mechanical control systems. including those that control or manage street lights, electrical, natural gas, or water or sewer functions. (E) Systems related to 91 1 dispatch and operation or emergency services. (F) Systems that would be restricted from disclosure pursuant to Section 6254.19. (G) The specific records that the information technology system collects, stores, exchanges, or analyzes, (d) Nothing in this section shall be construed to permit public access to records held by an ogency to which access is otherwise restricted by statute or to alter the process for requesting public records, as set forth in this chapter. (e) lf, on the facts of the particular case, the public interest served by not disclosing the information described in paragraph (1) or (2) of subdivision (a) clearly outweighs the public interest served by disclosure of the record, the local agency may instead provide a system name, brief title, or identifier of the system. (f) The local agency shall complete and post the catalog required by this section by July 1, 2016, and thereafter shall update the catalog annually. PLtk Records Act O 2017 Richards. wolson & Oavior 2049629 rage 125 Port Three: me Caitornao Pubic Records ACt ARTICLE 2 - OTHER EXEMPTIONS FROM DISCLOSURE CALIFORNIA GOVERNMENT CODE SECTIONS 6275-6276.48 Section 6275. Legislative Intent; effect of listing In article It is the intent of the Legislature to assist members of the public and state and local agencies in identifying exemptions to the California Public Records Act. It is the intent of the Legislature that, after January 1. 1999, each addition or amendment to a statute that exempts any information contained in a public record from disclosure pursuant to subdivision (k} of Section 6254 shall be listed and described in this article pursuant to a bill authorized by a standing committee of the Legislature to be introduced during the first year of each session of the Legislature. The statutes and constitutional provisions listed in this article may operate to exempt certain records, or portions thereof. from disclosure. The statutes and constitutional provisions listed and described may not be inclusive of all exemptions. The listing of a statute or constitutional provision in this article does not itself create an exemption. Requesters of public records and public agencies are cautioned to review the applicable statute or constitutional provision to determine the extent to which it, in light of the circumstances surrounding the request, exempts public records from disclosure. Section 6276. Records or information not required to be disclosed Records or information not required to be disclosed pursuant to subdivision (k) of Section 6254 may include, but shall not be limited to, records or information identified in statutes listed in this article, Section 6276.01. "Crime vktims" Crime victims, confidential information or records, The Victims' Bill of Rights Act of 2008: Morsy's Law, Section 28 of Article I of the California Constitution. Section 6276.02. "Acquired Immune Deficiency Syndrome" through "Advance Health Care Directive Registry" Acquired Immune Deficiency Syndrome, blood test subject. compelling identity of, Section 120975, Health and Safety Code. Acquired Immune Deficiency Syndrome, confidentiality of personal data of patients in State Department of Public Health programs. Section 120820, Health and Safety Code. Acquired Immune Deficiency Syndrome, confidentiality of research records, Sections 121090. 121095, 121115, and 121120. Health and Safety Code. Pubic Records Act 0 2017 Richards. watson & Gershon 20,9629 Page 126 Part Three: The Cabtornq Putsc Records Act Acquired Immune Deficiency Syndrome, confidentiality of vaccine volunteers, Section 121280, Health and Safety Code. Acquired Immune Deficiency Syndrome, confidentiality of information obtained in prevention programs at correctional facilities and law enforcement agencies. Sections 7552 and 7554, Penal Code. Acquired Immune Deficiency Syndrome, confidentiality of test results of person convicted of prostitution. Section 1202.6, Penal Code. Acquired Immune Deficiency Syndrome, disclosure of results of HIV test, penalties, Section 120980, Health and Safety Code. Acquired Immune Deficiency Syndrome. personal information, insurers tests, confidentiality of, Section 799, Insurance Code. Acquired Immune Deficiency Syndrome, public safety and testing disclosure, Sections 121065 and 121070, Health and Safety Code. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, production or discovery of records for use in criminal or civil proceedings against subject prohibited, Section 121100. Health and Safety Code. Acquired Immune Deficiency Syndrome Public Heolth Records Confidentiality Act, personally identifying information confidentiality, Section 121025, Health and Safety Code. Acquired Immune Deficiency Syndrome, test of criminal defendant pursuant to search warrant requested by victim. confidentiality of, Section 1524.1, Penal Code. Acquired Immune Deficiency Syndrome, test results. disclosure to patient's spouse and others. Section 121015. Health and Safety Code. Acquired Immune Deficiency Syndrome, test of person under Youth Authority, disclosure of results, Section 1768.9, welfare and Institutions Code. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, financial audits or program evaluations, Section 121085. Health and Safety Code. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, violations, Section 121100, Health and Safety Code. Pubic Records Act 0 2017 Richards. wotson & Gershon 2049629 Page 127 Rod Three: The CoI$orrwa PubIC Records Act Acquired Immune Deficiency Syndrome Research and Confidentiality Act, personally identifying research records not to be disclosed, Section 121075, Health and Safety Code. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, permittee disclosure, Section 121080, Health and Safety Code. Administrative procedure, adjudicatory hearings, interpreters, Section 11513. Adoption records. confidentiality of, Section 102730, Health and Safety Code. Advance Health Care Directive Registry, exemption from disclosure for registration information provided to the Secretary of State, subdivision (ac), Section 6254. Section 6276.04. "Aeronautics Act" through "Avocado handler transaction records" Aeronautics Act, reports of investigations and hearings, Section 21693, Public Utilities Code. Agricultural producers marketing. access to records, Section 59616, Food and Agricultural Code. Aiding disabled voters, Section 14282, Elections Code. Air pollution data, confidentiality of trade secrets, Section 6254.7, and Sections 42303.2 and 43206, Health and Safety Code. Air toxics emissions inventory plans. protection of trade secrets, Section 44346. Health and Safety Code. Alcohol and drug abuse records and records of communicable diseases. confidentiality of, Section 123125, Health and Safety Code. Alcoholic beverage licensees, confidentiality of corporate proprietary, information, Section 25205. Business and Professions Code. Ambulatory Surgery Data Record, confidentiality of identifying information, Section 128737. Health and Safety Code. Apiary registration information, confidentiality of. Section 29041, Food and Agricultural Code. Archaeological site information and reports maintained by state and local agencies, disclosure not requ'red, Section 6254.10. Pubic Records Act A 2Q17 Richards. wohon & Gershon 2049629 Page 128 Port Three: The California Pubic Records Act Arrest not resulting in conviction. disclosure or use of records, Sections 432.7 and 432.8, Labor Code. Arsonists, registered, confidentiality of certain information, Section 457.1, Penal Code. Artificial insemination, donor not natural father, confidentiality of records, Section 7613, Family Code. Assessor's records, confidentiality of information in, Section 408, Revenue and Taxation Code. Assessor's records, confidentiality of information in, Section 451, Revenue and Taxation Code. Assessor's records, display of documents relating to business affairs or property of another, Section 408.2, Revenue and Taxation Code. Assigned risk plans, rejected applicants, confidentiality of information, Section 11624, Insurance Code. Attorney applicant, investigation by State Bar, confidentiality of, Section 6060.2, Business and Professions Code. Attorney applicant, information submitted by applicant and State Bar admission records, confidentiality of, Section 6060.25, Business and Professions Code. Attorney-client confidential communication, Section 6068. Business and Professions Code, and Sections 952 and 954, Evidence Code. Attorney, disciplinary proceedings, confidentiality prior to formal proceedings, Section 6086.1, Business and Professions Code. Attorney, disciplinary proceeding, State Bar access to nonpublic court records, Section 6090.6, Business and Professions Code. Attorney, law corporation, investigation by State Bar, confidentiality of, Section 6168, Business and Professions Code. Attorney work product confidentiality in administrative adjudication, Section 11507.6. Attorney, work product, confidentiality of, Section 6202, Business and Professions Code. Pubic Records Act C 2017 Richards. WotsOn b Gershon 2049629 Page 29 Por/ Wee; Ins Cohforrua Pubbc Records Alc Attorney work product, discovery. Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure. Auditor General, access to records for audit purposes, Sections 10527 and 10527.1. Auditor General, disclosure of audit records, Section 10525. Automated forward facing parking control devices, confidentiality of video imaging records from the devices, Section 40240. Vehicle Code. Automated traffic enforcement system, confidentiality of photographic records made by the system, Section 21455.5, Vehicle Code. Automobile Insurance Claims Depository, confidentiality of information, Section 1876.3. Insurance Code. Automobile insurance, investigation of fraudulent claims, confidential information, Section 1872.8, Insurance Code. Avocado handler transaction records, confidentiality of information, Section 44984, Food and Agricultural Code. Section 6276.06. "Bank and Corporation Tax" through "Business and professions Ikensee exemption for social security number" Bank and Corporation Tax, disclosure of information, Article 2 (commencing with Section 19542), Chapter 7. Part 10.2, Division 2, Revenue and Taxation Code. Bank employees, confidentiality of criminal history information. Sections 777.5 and 4990, Financial Code. Bank reports. confidentiality of, Section 289, Financial Code. Basic Property Insurance Inspection and Placement Plan, confidential reports, Section 10097, Insurance Code. Beef Council of California, confidentiality of fee transactions information, Section 64691.1, Food and Agricultural Code. Bids, confidentiality of, Section 10304, Public Contract Code. Birth, death, and marriage licenses, confidential information contained in, Sections 02100, 102110, and 102230, Health and Safety Code. Pubic Records Act C 2017 Richards. wotson & Gershon 2049629 Page !30 Pon Three; The CaI orrwc Pubic Records Act Birth defects, monitoring, confidentiality of information collected. Section 103850, Health and Safety Code. Birth, live, confidential portion of certificate, Sections 102430, 102475, 103525. and 103590, Health and Safety Code. Blood tests, confidentiality of hepatitis and AIDS carriers, Section 1603.1, Health and Safety Code, Blood-alcohol percentage test results, vehicular offenses, confidentiality of, Section 1804, Vehicle Code. Business and professions licensee exemption for social security number. Section 30, Business and Professions Code. Section 6276.08. "Coble television subscriber information" through "California Wine Grape Commission" Coble television subscriber information, confidentiality of, Section 637.5, Penal Code. CalFresh, disclosure of information, Section 18909, Welfare and Institutions Code. California ADS Program, personal data, confidentiality, Section 120820. Health and Safety Code. California Apple Commission, confidentiality of lists of persons. Section 75598, Food and Agricultural Code, California Apple Commission, confidentiality of proprietary information from producers or handlers. Section 75633. Food and Agricultural Code. California Asparagus Commission, confidentiality of lists of producers, Section 78262, Food and Agricultural Code. California Asparagus Commission, confidentiality of proprietary information from producers, Section 78288, Food and Agricultural Code. California Avocado Commission, confidentiality of information from handlers, Section 67094. Food and Agricultural Code. California Avocado Commission. confidentiality of proprietary information from handlers, Section 67104. Food and Agricultural Code. Pubic Records Act 2017 Richards. Watson d Gershon 2049629 Port Three. The CoNorrwa Pubic Records Act California Cherry Commission, confidentiality of proprietary information from producers, processors, shippers, or grower -handlers. Section 76144, Food and Agricultural Code. California Children's Services Program. confidentiality of factor replacement therapy contracts, Section 123853. Health and Safety Code. California Cut Flower Commission. confidentiality of lists of producers. Section 77963, Food and Agricultural Code. California Cut Flower Commission, confidentiality of proprietary information from producers, Section 77988, Food and Agricultural Code. California Date Commission. confidentiality of proprietary information from producers and grower -handlers, Section 77843, Food and Agricultural Code. California Egg Commission, confidentiality of proprietary information from handlers or distributors. Section 75134, Food and Agricultural Code. California Forest Products Commission. confidentiality of lists of persons, Section 77589, Food and Agricultural Code. California Forest Products Commission. confidentiality of proprietary information from producers, Section 77624, Food and Agricultural Code. California Iceberg Lettuce Commission, confidentiality of information from handlers, Section 66624, Food and Agricultural Code. California Kiwifruit Commission, confidentiality of proprietary information from producers or handlers. Section 68104, Food and Agricultural Code. California Navel Orange Commission, confidentiality of proprietary information from producers or handlers and lists of producers and handlers, Section 73257, Food and Agricultural Code. California Pepper Commission, confidentiality of lists of producers and handlers, Section 77298. Food and Agricultural Code. California Pepper Commission, confidentiality of proprietary information from producers or handlers. Section 77334, Food and Agricultural Code. California Pistachio Commission, confidentiality of proprietary information from producers or processors, Section 69045. Food and Agricultural Code. California Salmon Commission, confidentiality of fee transactions records, Section 76901.5, Food and Agricultural Code. PubrlC ReCOrdi ACt O 2017 Richards Watson & Gershon 2049629 Page 132 Part Pres: The Coitorrtio Pubic Records Act California Salmon Commission, confidentiality of request for list of commercial salmon vessel operators. Section 76950. Food and Agricultural Code. California Seafood Council, confidentiality of fee transaction records, Section 78553, Food and Agricultural Code. California Seafood Council, confidentiality of information on volume of fish landed, Section 78575, Food and Agricultural Code. California Sheep Commission, confidentiality of proprietary information from producers or handlers and lists of producers, Section 76343, Food and Agricultural Code, California State University contract law, bids, questionnaires and financial statements. Section 10763, Public Contract Code. California State University Investigation of Reported Improper Governmental Activities Act, confidentiality of investigative audits completed pursuant to the act, Section 89574, Education Code. California Table Grape Commission, confidentiality of information from shippers, Section 65603, Food and Agricultural Code. California Tomato Commission, confidentiality of lists of producers, handlers, and others, Section 78679. Food and Agricultural Code. California Tomato Commission, confidentiality of proprietary information, Section 78704, Food and Agricultural Code. California Tourism Marketing Act, confidentiality of information pertaining to businesses paying the assessment under the act. Section 13995.54. California Victim Compensation and Government Claims Board, disclosure not required of records relating to assistance requests under Article 1 (commencing with Section 13950) of Chapter 5 of Port 4 of Division 3 of Title 2, Section 6254.17. California Walnut Commission. confidentiality of lists of producers, Section 77101, Food and Agricultural Code. California Walnut Commission, confidentiality of proprietary information from producers or handlers, Section 77154. Food and Agricultural Code. California Wheat Commission. confidentiality of proprietary information from handlers and lists of producers, Section 72104, Food and Agricultural Code. Pubic Records Act 0 2017 Richards. Watson & Gershon 2049629 Pope 133 Pon Three: The California Public Retards ACi California Wheat Commission, confidentiality of requests for assessment refund. Section 72109, Food and Agricultural Code. California Wine Commission, confidentiality of proprietary information from producers or vintners, Section 74655, Food and Agricultural Code. Califomio Wine Grape Commission, confidentiality of proprietary information from producers and vintners, Section 74955, Food and Agricultural Code. Section 6276.10. "Cancer registries" through "Community college employee" Cancer registries, confidentiality of information. Section 103885, Health and Safety Code. Candidate for local nonpartisan elective office, confidentiality of ballot statement. Section 13311, Elections Code. Chid abuse information, exchange by multidisciplinary personnel teams, Section 830, Welfare and Institutions Code. Old abuse report and those making report, confidentiality of. Sections 11167 and 11167.5. Penal Code. Chid care liability insurance, confidentiality of information, Section 1864, Insurance Code. Chid concealer, confidentiality of address. Section 278.7, Penal Code. Child custody investigation report, confidentiality of, Section 3111, Family Code. Child day care facility, nondisclosure of complaint. Section 1596.853, Health and Safety Code. Chid health and disability prevention, confidentiality of health screening and evaluation results, Section 124110. Health and Safety Code. Child sexual abuse reports, confidentiality of reports filed in a contested proceeding involving child custody or visitation rights. Section 3118, Family Code. Child support, confidentiality of income fax return. Section 3552, Family Code. Child support, promise to pay, confidentiality of, Section 7614, Family Code. Childhood lead poisoning prevention, confidentiality of blood lead findings. Section 124130, Health and Safety Code. Pubic Retards ACI 0 2017 Richards wa 'son & Genhon 2049629 Poge 134 Port Three: The Coitorrro Pubic Records Act Children and families commission, local, confidentiality of individually identifiable information, Section 130140.1, Health and Safety Code. Cigarette tax, confidential information, Section 30455, Revenue and Taxation Code. Civil actions, delayed disclosure for 30 days after complaint filed, Section 482.050. Code of Civil Procedure. Closed sessions, document assessing vulnerability of state or local agency to disruption by terrorist or other criminal acts, subdivision (aa), Section 6254. Closed sessions, meetings of local governments. pending litigation, Section 54956.9. Colorado River Board. confidential information and records, Section 12519, Water Code. Commercial fishing licensee. confidentiality of records, Section 7923, Fish and Game Code. Commercial fishing reports, Section 8022, Fish and Game Code. Community care facilities. confidentiality of client information, Section 1557.5. Health and Safety Code. Community college employee, candidate examination records, confidentiality of, Section 88093, Education Code. Community college employee, notice and reasons for nonreemployment, confidentiality, Section 87740, Education Code. Section 6276.12. "Conservatee" through "Customer list of telephone answering service" Conservatee. confidentiality of the conservatee's report. Section 1826. Probate Code. Conservatee, estate plan of, confidentiality of. Section 2586, Probate Code. Conservatee with disability. confidentiality of report, Section 1827.5. Probate Code. Conservator, confidentiality of conservator's birthdate and driver's license number, Section 1834. Probate Code. Pubic Records AC1 O 2017 Richards, WOtson & Gershon 2049629 Page 35 Pcrt Three: The Caiforno Pub1c Record! Act Conservator, supplemental information, confidentiality of, Section 1821. Probate Code. Conservatorship, court review of, confidentiality of report, Section 1851, Probate Code. Consumer fraud investigations, access to complaints and investigations. Section 26509. Consumption or utilization of mineral materials, disclosure of, Section 2207.1, Public Resources Code. Contractor, evaluations and contractor responses, confidentiality of, Section 10370, Public Contract Code. Contractor, license applicants, evidence of financial solvency, confidentiality of, Section 7067.5. Business and Professions Code. Controlled Substance Law violations, confidential information, Section 818.7. Controlled substance offenders. confidentiality of registration information, Section 11594, Health and Safety Code. Cooperative Marketing Association, confidential information disclosed to conciliator, Section 54453, Food and Agricultural Code. Coroner, inquests, subpoena duces tecum. Section 27491.8. County aid and relief to indigents. confidentiality of investigation, supervision, relief, and rehabilitation records, Section 17006, Welfare and Institutions Code. County alcohol programs, confidential information and records, Section 11812, Health and Safety Code. County Employees' Retirement, confidential statements and records, Section 31532. County mental health system, confidentiality of client information, Section 5610, Welfare and Institutions Code. County social services, investigation of applicant, confidentiality, Section 18491, Welfare and Institutions Code. County social services rendered by volunteers, confidentiality of records of recipients, Section 10810, Welfare and Institutions Code. Pubic Records Act C 2017 Ricnads wotson a Gershon 2049629 Port Thee The Cdis rnro Pubic Records Act County special commissions, disclosure of health care peer review and quality assessment records not required. Section 14087.58, Welfare and Institutions Code. County special commissions, disclosure of records relating to the commission's rates of payment for publicly assisted medical care not required. Section 14087.58. Welfare and Institutions Code. Court files, access to, restricted for 60 days. Section 1161,2, Code of Civil Procedure. Court reporters. confidentiality of records and reporters, Section 68525. Court-appointed special advocates. confidentiality of information acquired or reviewed, Section 105, Welfare and Institutions Code. Crane employers, previous business identities, confidentiality of, Section 7383, Labor Code. Credit unions, confidentiality of investigation and examination reports, Section 14257, Financial Code. Credit unions, confidentiality of employee criminal history information, Section 14409.2, Financial Code. Criminal defendant, indigent, confidentiality of request for funds for investigators and experts, Section 987,9, Penal Code. Criminal offender record information, access to, Sections 11076 and 13202. Penal Code. Crop reports, confidential, subdivision (e). Section 6254. Customer list of chemical manufacturers, formulators, suppliers, distributors, importers, and their agents, the quantities and dates of shipments, and the proportion of a specified chemical within a mixture, confidential, Section 147.2, Labor Code. Customer list of employment agency, trade secret, Section 16607, Business and Professions Code. Customer list of telephone answering service, trade secret, Section 16606, Business and Professions Code.) Pubic Records Act O 2017 Richards. Watson & Gershon 2049629 Pope 137 PaA Three: the Caila►nra Pubic Records Act Section 6276.14. "Dairy Council of California" through "Driving school and driving instructor licensee record" Dairy Council of California. confidentiality of ballots, Section 64155. Food and Agricultural Code. Death, report that physician's or podiatrist's negligence or incompetence may be cause. confidentiality of, Section 802.5. Business and Professions Code. Dental hygienist drug and alcohol diversion program, confidentiality of records pertaining to treatment, Section 1966.5, Business and Professions Code. Dentist advertising and referral contract exemption, Section 650.2. Business and Professions Code. Dentist, alcohol or dangerous drug rehabilitation and diversion, confidentiality of records, Section 1698, Business and Professions Code. Department of Consumer Affairs licensee exemption for alcohol or dangerous drug treatment and rehabilitation records, Section 156.1, Business and Professions Code. Department of Motor Vehicles, confidentiality of information provided by an insurer, Section 4750.4, Vehicle Code. Department of Motor Vehicles, confidentiality of the home address of specified persons in the records of the Department of Motor Vehicles, Section 1808.6, Vehicle Code. Developmentally disabled conservotee confidentiality of reports and records. Sections 416.8 and 416.18. Health and Safety Code. Developmentally disabled person. access to information provided by family member, Section 4727, Welfare and Institutions Code. Developmentally disabled person and person with mental ilness, access to and release of information about, by protection and advocacy agency. Section 4903, Welfare and Institutions Code. Developmentally disabled person, confidentiality of patient records, state agencies. Section 4553, welfare and Institutions Code. Developmentally disabled person, confidentiality of records and information, Sections 4514 and 4518, welfare and Institutions Code. Pubic Records Act Q 2017 RichOral Watson & Gershon 20.49629 Pope 138 Port Three; The Coironw Pubic Records Acl Diesel Fuel Tax information, disclosure prohibited, Section 60609. Revenue and Taxation Code. Disability compensation, confidential medical records. Section 2714, Unemployment Insurance Code. Disability insurance. access to registered information, Section 789.7, Insurance Code. Discrimination complaint to Division of Labor Standards Enforcement, confidentiality of witnesses, Section 98.7, Labor Code. Dispute resolution participants confidentiality, Section 471.5, Business and Professions Code. Division of Workers' Compensation, confidentiality of data obtained by the administrative director and derivative works created by the division, Sections 3201.5, 3201.7, and 3201.9, Labor Code. Division of Workers' Compensation, individually identifiable information and residence addresses obtained or maintained by the division on workers' compensation claims, confidentiality of, Section 138.7. Labor Code. Division of Workers' Compensation, individually identifiable information of health care organization patients, confidentiality of, Section 4600.5, Labor Code. Division of Workers' Compensation, individual workers' compensation claim files and auditor's working papers, confidentiality of. Section 129. Labor Code. Division of Workers' Compensation, peer review proceedings and employee medical records, confidentiality of, Section 4600.6, Labor Code. Domestic violence counselor and victim, confidentiality of communication, Sections 1037.2 and 1037.5, Evidence Code. Driver arrested for traffic violation, notice of reexamination for evidence of incapaCity, confidentiality of, Section 40313, Vehicle Code. Driving school and driving instructor licensee records, confidentiality of, Section 1 1 108, Vehicle Code. Section 6276.16. "Educational psychologist -patient" through "Executive Department" Educational psychologist -patient, privileged communication, Section 1010.5, Evidence Code. Pubic Records Act 0 20 t 7 Richards. Watson a Gershon 2049629 Po9e 39 Part Three The Cahlorrra Pubic Records Act Electronic and appliance repair dealer, service contractor, financial data in applications, subdivision (x), Section 6254. Electronic Recording Delivery Act of 2004, exemption from disclosure for computer security reports, Section 27394, Emergency Care Data Record, exemption from disclosure for identifying information, Section 128736, Health and Safety Code. Emergency Medical Services Fund. patient named, Section 1797.98c. Health and Safety Code, Emergency medical technicians, confidentiality of disciplinary investigation information, Section 1798.200, Health and Safety Code. Emergency Medical Technician -Paramedic (EMT -P). exemption from disclosure for records relating to personnel actions against, or resignation of. an EMT -P for disciplinary cause or reason, Section 1799,1 12, Health and Safety Code. Eminent domain proceedings, use of state tax returns, Section 1263.520, Code of Civil Procedure. Employment agency, confidentiality of customer list, Section 16607, Business and Professions Code. Employment application, nondisclosure of arrest record or certain convictions, Sections 432.7 and 432.8, Labor Code. Employment Development Department, furnishing moterials, Section 307, Unemployment Insurance Code. Enteral nutrition products, confidentiality of contracts by the State Department of Health Care Services with manufacturers of enteral nutrition products, Section 14105.8. welfare and Institutions Code. Equal wage rate violation, confidentiality of complaint, Section 1197.5, Labor Code. Equalization, State Board of, prohibition against divulging information, Section 15619. Escrow Agents' Fidelity Corporation, confidentiality of examination and investigation reports, Section 17336, Financial Code. Escrow agents' confidentiality of reports on violations, Section 17414, Financial Code. Pubic Records Act 0 2017 RIchorps. Watson & Gersh or 2049629 a.oae ? 4G Part Wee The CcWar,o Pubbc Records Act Escrow agents' confidentiality of state summary criminal history information, Section 17414.1, Financial Code. Estate tax, confidential records and information, Section 14251, Revenue and Taxation Code. Excessive rates or complaints, reports. Section 1857.9, Insurance Code. Executive Department, closed sessions and the record of topics discussed, Sections 1 l 126 and 11126.1. Executive Department, investigations and hearings, confidential nature of information acquired, Section 1 1 183. Section 6276.18. "Family Court" through "Fur dealer licensee" Family Court, records, Section 1818. Family Code. Form product processor license, confidentiality of financial statements, Section 55523.6, Food and Agricultural Code. Farm product processor licensee, confidentiality of grope purchases. Section 55601.5, Food and Agricultural Code. Fee payer information, prohibition against disclosure by Board of Equalization and others, Section 55381, Revenue and Taxation Code. Financial institutions, issuance of securities, reports and records of state agencies, subdivision (d). Section 6254. Financial statements of insurers, confidentiality of information received, Section 925.3, Insurance Code. Financial statements and questionnaires, of prospective bidders for the state, confidentiality of. Section 10165. Public Contract Code. Financial statements and questionnaires, of prospective bidders for California State University contracts, confidentiality of, Section 10763, Public Contract Code. Firearms, centralized list of exempted federal firearms licensees, disclosure of information compiled from, Sections 24850 to 24890, inclusive, Penal Code. Firearms, centralized list of dealers and licensees, disclosure of information compiled from, Sections 26700 to 26915. inclusive, Penal Code. Pubic Records Act 02017 Ricr ax's. Waison b Gershon 204962;1 Page IAl Port TTree. The California Pubic Records act Firearm license applications, subdivision (u), Section 6254. Firearm sole or transfer, confidentiality of records, Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6. Penal Code, Fishing and hunting licenses, confidentiality of names and addresses contained in records submitted to the Department of Fish and Game to obtain recreational fishing and hunting licenses. Section 1050.6, Fish and Game Code. Foreign marketing of agricultural products, confidentiality of financial information, Section 58577. Food and Agricultural Code. Forest fires, anonymity of informants, Section 4417, Public Resources Code. Foster homes, identifying information, Section 1536, Health and Safety Code. Franchise Tax Board, access to Franchise Tax Board information by the State Department of Social Services, Section 1 1025, Welfare and Institutions Code. Franchise Tax Board, auditing, confidentiality of. Section 90005. Franchises, applications, and reports filed with Commissioner of Corporations, disclosure and withholding from public inspection, Section 31504, Corporations Code. Fur dealer licensee, confidentiality of records, Section 4041, Fish and Game Code. Section 6276.22. "Gambling Control Act" through "Guardianship" Gambling Control Act, exemption from disclosure for records of the California Gambling Control Commission and the Department of Justice, Sections 19819 and 19821, Business and Professions Code. Genetically Handicapped Persons Program, confidentiality of factor replacement therapy contracts, Section 125191, Health and Safety Code. Governor, correspondence of and to Governor and Governor's office, subdivision (l), Section 6254. Govemor, transfer of public records in control of, restrictions on public access. Section 6268. Grand jury, confidentiality of request for special counsel, Section 936.7, Penal Code. PLC Records Act G 2017 Richards wd hon 1< Gershon 2049629 Page 142 Part Mee The CoItornro Pubic Records Act Grand jury. confidentiality of transcription of indictment or accusation, Section 938.1, Penal Code. Group Insurance, public employees, Section 53202.25. Guardianship, confidentiality of report regarding the suitability of the proposed guardian. Section 1543. Probate Code. Guardianship, disclosure of report and recommendation concerning proposed guardianship of person or estate, Section 1513, Probate Code. Section 6276.24. "Hazardous substance tax Information" through "Housing authorities" Hazardous substance tax information, prohibition against disclosure, Section 43651, Revenue and Taxation Code. Hazardous waste control, business plans, public inspection. Section 25506, Health and Sofety Code. Hazardous waste control. notice of unlawful hazardous waste disposal. Section 25180.5, Health and Safety Code. Hazardous waste control, trade secrets, disclosure of information, Sections 25511 and 25538, Health and Safety Code. Hazardous waste control, trade secrets, procedures for release of information, Section 25358.2, Health and Safety Code. Hazardous waste generator report. protection of trade secrets, Sections 25244.21 and 25244.23. Health and Safety Code. Hazardous waste licenseholder disclosure statement, confidentiality of, Section 25186.5, Health and Safety Code. Hazardous waste recycling, information clearing house, confidentiality of trade secrets. Section 25170. Health and Safety Code. Hazardous waste recycling, list of specified hazardous wastes, trade secrets, Section 25175, Heolth and Safety Code. Hozardous waste recycling, trade secrets, confidential nature, Sections 25173 and 25180.5, Health and Safety Code. Healing orts licensees. central files, confidentiality, Section 800. Business and Professions Code. Pubic Records Act 0 2017 Richards. Watson a Gershon 200620 Cope ' 43 Pail Three' The c oiforrua Pvbec t;ecoras Ac+ Health authorities, special county, confidentiality of records, Sections 14087.35, 14087.36, and 14087.38, Welfare and Institutions Code. Health care provider disciplinary proceeding, confidentiality of documents, Section 805.1, Business and Professions Code. Health care service plans, review of quality of care, privileged communications, Sections 1370 and 1380, Health and Safety Code. Health commissions, special county, confidentiality of peer review proceedings. rates of payment, and trade secrets, Section 14087,31, Welfare and Institutions Code. Health facilities, patient's rights of confidentiality, subdivision (c) of Section 128745 and Sections 128735, 128736, 128737. 128755. and 128765, Health and Safety Code. Health personnel. data collection by the Office of Statewide Health Planning and Development. confidentiality of information on individual licentiates, Section 127780, Health and Safety Code. Health plan governed by a county board of supervisors. exemption from disclosure for records relating to provider rates or payments for a three-year period after execution of the provider contract, Sections 6254.22 and 54956.87. Hereditary Disorders Act, legislative finding and declaration, confidential information, Sections 124975 and 124980. Health and Safety Code. Hereditary Disorders Act, rules, regulations, and standards, breach of confidentiality, Section 124980, Health and Safety Code. HIV. disclosures to blood banks by department or county health officers. Section 1603.1. Health and Safety Code. Home address of public employees and officers in Department of Motor vehicles. records, confidentiality of. Sections 1808.2 and 1808.4, Vehicle Code. Horse racing, horses. blood or urine test sample. confidentiality. Section 19577. Business and Professions Code. Hospital district and municipal hospital records relating to contracts with insurers and service plans, subdivision (t). Section 6254. Hospital final accreditation report, subdivision (s), Section 6254. Pubic Records Act 0 2017 Richards. Watson & Gershon: 2049629 Page 44 Port Three: The Casforr c Putwc Records Act Housing authorities, confidentiality of rosters of tenants, Section 34283, Health and Safety Code. Housing authorities, confidentiality of applications by prospective or current tenants, Section 34332. Health and Safety Code. Section 6276.26. "Improper governmental activities reporting" through "Investigative consumer reporting agency" Improper govemmental activities reporting. confidentiality of identity of person providing information, Section 8547.5. Improper governmental activities reporting, disclosure of information, Section 8547.6. Industrial loon companies, confidentiality of financial information, Section 18496. Financial Code. Industrial loon companies, confidentiality of investigation and examination reports, Section 18394, Financial Code. Influenza vaccine, trade secret information and information relating to recipient of vaccine, Section 120155. Health and Safety Code. In forma pouperis litigant. rules governing confidentiality of financial information, Section 6851 1.3. Infrastructure information, exemption from disclosure for information voluntarily submitted to the Office of Emergency Services, subdivision (ab), Section 6254. In -Home Supportive Services Program, exemption from disclosure for information regarding persons paid by the state to provide in-home supportive services, Section 6253.2. Initiative, referendum, recall, and other petitions, confidentiality of names of signers, Section 6253.5. Insurance claims analysis, confidentiality of information, Section 1875.16, Insurance Code. Insurance Commissioner, confidential information. Sections 735.5, 1067.11. 1077.3, and 12919. Insurance Code. Insurance Commissioner, informal conciliation of complaints, confidential communications, Section 1858.02, Insurance Code. Pubic Records Act 020)7 Richards. wotSOn 8. Gershon 2049629 Page ; i5 Part Three. The C o fcrrtia Pubic RecarUs Act Insurance Commissioner, information from examination or investigation, confidentiality of, Sections 1215.7, 1433, and 1759.3, Insurance Code. Insurance Commissioner, writings filed with nondisclosure, Section 855, Insurance Code. Insurance fraud reporting, information acquired not port of public record. Section 1873.1, Insurance Code. Insurance licensee, confidential information, Section 1666.5, Insurance Code. Insurer application information, confidentiality of. Section 925.3. Insurance Code. Insurer financial analysis ratios and examination synopses, confidentiality of, Section 933, Insurance Code. Department of Resources Recycling and Recovery information, prohibition against disclosure, Section 45982, Revenue and Taxation Code. International wills, confidentiality of registration information filed with the Secretary of State. Section 6389, Probate Code. Intervention in regulatory and ratemaking proceedings. audit of customer seeking and award. Section 1804, Public Utilities Code. Investigation and security records, exemption from disclosure for records of the Attorney General, the Department of Justice, the Office of Emergency Services. and state and local police agencies, subdivision (f), Section 6254. Investigative consumer reporting agency. limitations on furnishing an investigative consumer report, Section 1786.12, Civil Code. Section 6276.28. "Joint Legislative Ethics Committee" through "Los Angeles County Tourism Marketing Commission" Joint Legislative Ethics Committee, confidentiality of reports and records. Section 8953. Judicial candidates, confidentiality of communications concerning, Section 12011.5. Judiciol proceedings, confidentiality of employer records of employee absences, Section 230.2, Labor Code, Jurors' lists. lists of registered voters and licensed drivers as source for, Section 197, Code of Civil Procedure. Pubic Records Act O 2417 Rtchords. Watson E Gerston 2049629 Part fire!; The California Pvbic Records ACt Juvenile court proceedings to adjudge o person a dependent child of court, sealing records of, Section 389, Welfare and Institutions Code. Juvenile criminal records, dissemination to schools, Section 828.1, Welfare and Institutions Code. Juvenile delinquents. notification of chief of police or sheriff of escape of minor from secure detention facility, Section 1155, Welfare and Institutions Code. Labor dispute, investigation and mediation records, confidentiality of. Section 65, Labor Code. Lanterman-Petris-Short Act, mental health services recipients, confidentiality of information and records. mental health advocate, Sections 5540, 5541, 5542, and 5550, Welfare and Institutions Code. Law enforcement vehicles, registration disclosure. Section 5003, Vehicle Code. Legislative Counsel records, subdivision (m). Section 6254. Library circulation records and other materials, subdivision (i), Section 6254 and Section 6267. Life and disability insurers, actuarial information, confidentiality of, Section 10489.15, Insurance Code. Litigation, confidentiality of settlement information, Section 68513. Local agency legislative body. closed sessions. disclosure of materials. Section 54956.9. Local government employees, confidentiality of records and claims relating to group insurance. Section 53202,25. Local summary criminal history information, confidentiality of, Sections 13300 and 13305, Penal Code. Local agency legislative body, closed session, nondisclosure of minute book, Section 549572_ Local agency legislative body, meeting, disclosure of agenda. Section 54957.5. Long-term health facilities, confidentiality of complaints against, Section 1419, Health and Safety Code. Pubic Records Act 02017 Richards, Watson E Gershon 2049629 Page IV i Port Three. The Coitorrro Public Records Act Long-term health facilities. confidentiality of records retained by State Department of Public Health, Section 1439, Health and Safety Code. Los Angeles County Tourism Marketing Commission. confidentiality of information obtained from businesses to determine their assessment, Section 13995.108. Section 6276.30. "Managed care health plans" through "Multijurlsdictional drug law enforcement agency" Managed care health plans, confidentiality of proprietary information, Section 14091.3 of the welfare and Institutions Code. Managed Risk Medical Insurance Board. negotiations with entities contracting or seeking to contract with the board. subdivisions (v) and (y) of Section 6254. Mandated blood testing and confidentiality to protect public health, prohibition against compelling identification of test subjects. Section 120975 of the Health and Safety Code. Mandated blood testing and confidentiality to protect public health, unauthorized disclosures of identification of test subjects, Sections 1603.1, 1603.3, and 121022 of the Health and Safety Code. Mandated blood testing and confidentiality to protect public health, disclosure to patient's spouse. sexual partner, needle sharer, or county health officer, Section 121015 of the Health and Safety Code. Manufactured home, mobilehome, floating home, confidentiality of home address of registered owner, Section 18081 of the Health and Safety Code. Marital confidential communications. Sections 980, 981, 982, 983, 984, 985, 986, and 987 of the Evidence Code. Market reports, confidential, subdivision (e) of Section 6254. Marketing of commodities, confidentiality of financial information, Section 58781 of the Food and Agricultural Code. Marketing orders, confidentiality of processors' or distributors' information, Section 59202 of the Food and Agricultural Code. Marriage, confidential, certificate, Section 511 of the Family Code. Medi -Cal Benefits Program. confidentiality of information, Section 14100.2 of the Welfare and Institutions Code. Pubic RecOras Act 0 2017 RIcfiords Watson ; Gershon 2049629 oge ' 48 Port three: The California Pubic Records Act Medi -Cal Benefits Program, Request of Department for Records of Information. Section 14124.89 of the welfare and Institutions Code. Medi -Cal Fraud Bureau. confidentiality of complaints, Section 12528. Medi -Cal managed care program, exemption from disclosure for financial and utilization data submitted by Medi -Cal managed care health plans to establish rates. Section 14301.1 of the Welfare and Institutions Code. Medi -Cal program, exemption from disclosure for best price contracts between the State Deportment of Health Care Services and drug manufacturers, Section 14105.33 of the Welfare and Institutions Code. Medical information, disclosure by provider unless prohibited by patient in writing. Section 56.16 of the Civil Code. Medical information, types of information not subject to patient prohibition of disclosure. Section 56.30 of the Civil Code. Medical and other hospital committees and peer review bodies, confidentiality of records, Section 1 157 of the Evidence Code. Medical or dental licensee, action for revocation or suspension due to illness, report, confidentiality of, Section 828 of the Business and Professions Code. Medical or dental licensee, disciplinary action, denial or termination of staff privileges, report. confidentiality of, Sections 805, 805.1, and 805.5 of the Business and Professions Code. Meetings of state agencies, disclosure of agenda, Section 1 1 125.1. Mentally abnormal sex offender committed to state hospital, confidentiality of records, Section 4135 of the Welfare and Institutions Code. Mentally disordered and developmentally disabled offenders, access to criminal histories of, Section 1620 of the Penal Code. Mentally disordered persons, court-ordered evaluation, confidentiality of reports, Section 5202 of the Welfare and Institutions Code. Mentally disordered or mentally ill person, confidentiality of written consent to detainment, Section 5326.4 of the Welfare and Institutions Code. Mentally disordered or mentally 11 person, voluntarily or involuntarily detained and receiving services, confidentiality of records and information, Sections 5328. 5328.15, 5328.2, 5328.4, 5328.8. and 5328.9 of the Welfare and Institutions Code. Pubic Records Act C 2017 Richards wotson d Gershor 2049629 POW 149 Port Three The Coiforroo P,ibIc Records Act Mentally disordered or mentally iN person, weapons restrictions, confidentiality of information about, Section 8103 of the Welfare and Institutions Code. Milk marketing, confidentiality of records, Section 61443 of the Food and Agricultural Code. Milk product certification, confidentiality of, Section 62121 of the Food and Agricultural Code. Milk, market milk. confidential records and reports, Section 62243 of the Food and Agricultural Code. Milk product registration, confidentiality of information, Section 38946 of the Food and Agricultural Code. Milk equalization pool plan, confidentiality of producers' voting, Section 62716 of the Food and Agricultural Code. Mining report, confidentiality of report containing information relating to mineral production, reserves, or rate of depletion of mining operation, Section 2207 of the Public Resources Code. Minor, criminal proceeding testimony closed to public, Section 859.1 of the Penal Code. Minors, material depicting sexual conduct, records of suppliers to be kept and mode available to law enforcement. Section 1309.5 of the Labor Code. Misdemeanor and felony reports by police chiefs and sheriffs to Department of Justice. confidentiality of, Sections 1 1 107 and 11107.5 of the Penal Code. Monetary instrument transaction records, confidentiality of. Section 14167 of the Penal Code. Missing persons' information, disclosure of, Sections 14204 and 14205 of the Penal Code. Morbidity and mortality studies. confidentiality of records. Section 100330 of the Health and Safety Code. Motor vehicle accident reports. disclosure, Sections 16005, 20012, and 20014 of the Vehicle Code. Motor vehicles. department ot, public records, exceptions. Sections 1808 to 1808.7, inclusive, of the Vehicle Code. Pubic Records Act 02017 Richards. WOtson & Gershon 2049629 Page 1 50 Part Three, The Co torrya PuobC Records Act Motor vehicle insurance fraud reporting, confidentiality of information acquired, Section 1874.3 of the Insurance Code. Motor vehicle liability insurer, data reported to Department of Insurance, confidentiality of, Section 11628 of the Insurance Code. Multijurisdictional drug law enforcement agency. closed sessions to discuss criminal investigation, Section 54957.8. Section 6276.32. "Narcotic addict outpatient revocation proceeding" through "Osteopathic physician and surgeon" Narcotic addict outpatient revocation proceedir.g. confidentiality of reports, Section 3152.5, Welfare and Institutions Code. Narcotic and drug abuse patients, confidentiality of records, Section 11845.5, Health and Safety Code. Native American graves. cemeteries and sacred places. records of. subdivision (r), Section 6254. Notary public, confidentiality of application for appointment and commission, Section 8201.5. Nurse, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 2770.12, Business and Professions Code. Obscene matter, defense of scientific or other purpose, confidentiality of recipients, Section 311.8. Penal Code. Occupational safety and health investigations. confidentiality of complaints and complainants. Section 6309, Labor Code. Occupational safety and health investigations, confidentiality of trade secrets, Section 6322, Labor Code. Official information acquired in confidence by public employee, disclosure of, Sections 1040 and 1041, Evidence Code. Oil and gas, confidentiality of proposals for the drilling of a well, Section 3724.4, Public Resources Code. Oil and gas, disclosure of onshore and offshore exploratory well records, Section 3234, Public Resources Code, Oil and gas, disclosure of well records, Section 3752, Public Resources Code. Pubic Records Act 0 2017 Richardswotson d Gersnor 2049629 Page 151 Port Three: The California Pubic Recants Act Oil and gas leases. surveys for permits. confidentiality of information, Section 6826. Public Resources Code. Oil spill feepayer information, prohibition against disclosure, Section 46751, Revenue and Taxation Code. Older adults receiving county services. providing information between county agencies, confidentiality of, Section 9401. Welfare and Institutions Code. Organic food certification organization records, release of. Section 110845, Health and Safety Code. Osteopathic physician and surgeon, rehabilitation and diversion records, confidentiality of, Section 2369, Business and Professions Code. Section 6276.34. "Parole revocation proceedings" Through "Postmortem or autopsy photos" Parole revocation proceedings. confidentiality of information in reports. Section 3063.5, Penal Code. Passenger fishing boat licenses, records. Section 7923. Fish and Game Code. Paternity, acknowledgement, confidentiality of records, Section 102760, Health and Safety Code. Patient -physician confidential communication, Sections 992 and 994. Evidence Code. Patient records, confidentiality of, Section 123135. Health and Safety Code. Payment instrument licensee records. inspection of, Section 33206. Financial Code. Payroll records. confidentiality of, Section 1776, Labor Code. Peace officer personnel records, confidentiality of, Sections 832.7 and 832.8. Penal Code. Penitential communication between penitent and clergy, Sections 1032 and 1033, Evidence Code. Personal Care Services Program. exemption from disclosure for information regarding persons paid by the state to provide personal care services, Section 6253.2. Pubic Records Act 02017 lbChards Watson & Gershon 2049829 Pope 152 Port three. The Cotitorn'o Public Records Act Personal Income Tax, disclosure of information, Article 2 (commencing with Section 19542), Chapter 7, Part 10.2, Division 2, Revenue and Taxation Code. Personal information, Information Practices Act, prohibitions against disclosure by state agencies, Sections 1798.24 and 1798.75. Civil Code. Personal information, subpoena of records containing, Section 1985.4, Code of CM Procedure. Personal representative, confidentiality of personal representative's birth date and driver's license number, Section 8404, Probate Code. Personnel Administration. Department of, confidentiality of pay data furnished to. Section 19826,5, Persons formerly classified as mentally abnormal sex offenders committed to o state hospital. confidentiality of records. Section 4135. Welfare and Institutions Code. Persons with mental health disorders. court-ordered evaluation, confidentiality of reports, Section 5202. Welfare and Institutions Code. Persons with mental health disorders, confidentiality of written consent to detainment, Section 5326.4, Welfare and Institutions Code. Persons with mental health disorders voluntarily detained and receiving services, confidentiality of records and information, Sections 5328, 5328.15, 5328.2. 5328.4, 5328.8 and 5328.9, Welfare and Institutions Code. Persons with mental health disorders. weapons restrictions. confidentiality of information about, Section 8103. Welfare and Institutions Code. Petition signatures. Section 18650. Elections Code. Petroleum supply and pricing. confidential information. Sections 25364 and 25366, Public Resources Code. Pharmacist, alcohol or dangerous drug diversion and rehabilitation records. confidentiality ot, Section 4372, Business and Professions Code. Physical therapist or assistant, records of dangerous drug or alcohol diversion and rehabilitation, confidentiality of. Section 2667, Business and Professions Code. PUbiC ReCOrdS ACI O 2017 Richordls, Worsen S. Gershon 2049629 Page 153 Part bum The Coitorno Public Records Act Physical or mental condition or conviction of controlled substance offense, records in Department of Motor Vehicles, confidentiality of, Section 1808.5, Vehicle Code. Physician and surgeon, rehabilitation and diversion records, confidentiality of, Section 2355, Business and Professions Code. Physician assistant, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 3534.7. Business and Professions Code. Physician competency examination, confidentiality of reports, Section 2294, Business and Professions Code. Physicians and surgeons, confidentiality of reports of patients with a lapse of consciousness disorder. Section 103900. Health and Safety Code. Physician Services Account, confidentiality of patient names in claims, Section 16956. Welfare and Institutions Code. Plots, confidentiality of personal information, Section 1157.1. Harbors and Navigation Code. Pollution Control Financing Authority, financial data submitted to, subdivision (o). Section 6254. Postmortem or autopsy photos. Section 129, Code of Civil Procedure, Section 6276.36. "Pregnancy tests by local public health agencies" through "Pupil records" Pregnancy tests by local public health agencies, confidentiality of, Section 123380, Health and Safety Code. Pregnant women, confidentiality of blood tests, Section 125105, Health and Safety Code. Prehospital emergency medical care, release of information, Sections 1797.188 and 1797.189, Health and Safety Code. Prenatal syphilis tests, confidentiality of, Section 120705, Health and Safety Code. Prescription drug discounts, confidentiality of corporate proprietary information, Section 130506. Health and Safety Code. Prisoners, behavioral research on, confidential personal information, Section 3515, Penal Code. Pubic Records Acs 2017 Richords. Watson & Gershon 2049629 Page 154 Part three: fie California Public Records Act Prisoners, confidentiality of blood tests, Section 7530, Penal Code. Prisoners. medical testing, confidentiality of records. Sections 7517 and 7540. Penal Code. Prisoners, transfer from county facility for mental treatment and evaluation, confidentiality of written reasons. Section 4011.6. Penal Code. Private industry wage data collected by public entity, confidentiality of, Section 6254.6. Private rallrood car tax, confidentiality of information, Section 11655, Revenue and Taxation Code. Probate referee, disclosure of materials. Section 8908, Probate Code. Probation officer reports, inspection of, Section 1203.05, Penal Code. Produce dealer, confidentiality of financial statements, Section 56254, Food and Agricultural Code. Products liability insurers. transmission of information, Section 1857.9. Insurance Code. Professional corporations, financial statements. confidentiality of, Section 13406, Corporations Code. Property on loan to museum. notice of intent to preserve an interest in, not subject to disclosure, Section 1899.5, Civil Code. Property taxation, confidentiality of change of ownership, Section 481, Revenue and Taxation Code. Property taxation, confidentiality of exemption claims, Sections 63.1, 69.5, and 408.2. Revenue and Taxation Code. Property taxation, confidentiality of property information, Section 15641, Govemment Code and Section 833, Revenue and Taxation Code. Proprietary information. availability only to the director and other persons authorized by the operator and the owner, Section 2778. Public Resources Code. Psychologist and client, confidential relations and communications, Section 2918, Business and Professions Code. Pubic Records Act 02017 Richards, Watson & Gershon 2649629 Pod Three. The Coiforrtio Pudic ReCords Act Psychotherapist -patient confidential communication, Sections 1012 and 1014, Evidence Code. Public employees' home addresses and telephone numbers, confidentiality of, Section 6254.3. Public Employees' Medical and Hospital Care Act, confidentiality of data relating to health care services rendered by participating hospitals to members and annuitants, Section 22854.5. Public Employees' Retirement System, confidentiality of data filed by member or beneficiary with board of administration, Section 20134. Public investment funds, exemption from disclosure for records regarding alternative investments, Section 6254,26. Public school employees organization, confidentiality of proof of majority support submitted to Public Employment Relations Board, Sections 3544, 3544,1, and 3544.5. Public social services. confidentiality of digest of decisions, Section 10964, Welfare and Institutions Code. Public social services. confidentiality of information regarding child abuse or elder or dependent persons abuse. Section 10850.1, Welfare and Institutions Code. Public social services, confidentiality of information regarding eligibility. Section 10850.2, Welfare and Institutions Code. Public social services, confidentiality of records, Section 10850, Welfare and Institutions Code. Public social services, disclosure of information to law enforcement agencies, Section 10850.3. welfare and Institutions Code. Public social services, disclosure of information to law enforcement agencies regarding deceased applicant or recipient, Section 10850.7. Welfare and Institutions Code. Public utilities, confidentiality of information. Section 583. Public Utilities Code. Pupil, confidentiality of personal information. Section 45345, Education Code. Pupil drug and alcohol use questionnaires, confidentiality of, Section 11605, Health and Safety Code. Pubic Recorcls ACt O 2017 Richards, watsan & Gersho 2049629 Pogo 156 Pal Three: fie CoStamlo Pubic Records Act Pupil, expulsion hearing, disclosure of testimony of witness and closed session of district board. Section 48918, Education Code. Pupil, personal information disclosed to school counselor, confidentiality of, Section 49602, Education Code. Pupil record contents, records of administrative hearing to change contents, confidentiality of, Section 49070, Education Code. Pupil records, access authorized for specified parties, Section 49076, Education Code. Pupil records, disclosure in hearing to dismiss or suspend school employee, Section 44944.1, Education Code. Pupil records, release of directory information to private entities, Sections 49073 and 49073.5, Education Code. Section 6276.38. "Radioactive materials" through "Safe surrender site" Radioactive materials. dissemination of information about transportation of, Section 33002, Vehicle Code. Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23. Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of. Section 10232.2. Business and Professions Code. Real property. acquisition by state or local government. information relating to feasibility, subdivision (h), Section 6254. Real property. change in ownership statement, confidentiality of, Section 27280. Records described in Section 1620 of the Penal Code. Records of contract purchasers. inspection by public prohibited. Section 85, Military and Veterans Code. Records of persons committed to state hospital pursuant to Section 4135 of the welfare and Institutions Code. Registered public obligations, inspection of records of security interests in, Section 5060. Pubic Records Ac► C 2017 Richards Watson a Gersnor+ 2049629 pore c 57 Port Thee: the Coitarnio Pubic Records Act Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code. Rehabilitation, Department of, confidential information, Section 19016. Welfare and Institutions Code. Reinsurance intermediary -broker license information. confidentiality of. Section 1781.3, Insurance Code. Relocation assistance, confidential records submitted to a public entity by a business or farm operation. Section 7262. Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from. Section 7060.4. Report of probation officer, inspection, copies. Section 1203.05, Penal Code, Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code. Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification. Section 6254.18. Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1. Residence address in any record of Department of Motor Vehicles, confidentiality of. Section 6254.1. Government Code, and Section 1808.21, Vehicle Code. Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code. Residential care facilities. confidentiality of resident information. Section 1568.08, Health and Safety Code. Residential care facilities for the elderly. confidentiality of client information, Section 1569.315, Health and Safety Code. Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code, Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756. Business and Professions Code. Pubic Records Act *2017 IkSchards Watson d Gershon 2049629 Pogo 158 Port Throe. The Colllornio Pubic Records Acl Restraint of trade, civil action by district attorney, confidential memorandum. Section 16750. Business and Professions Code. Reward by Governor for information leading to arrest and conviction. confidentiality of person supplying information, Section 1547, Penal Code. Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code. Section 6276.40. "Soles and use tax" through "Social security numbers within records of local agencies" Soles and use tax, disclosure of information, Section 7056. Revenue and Taxation Code. Santa Barbara Regional Health Authority, exemption from disclosure for records maintained by the authority regarding negotiated rates for the California Medical Assistance Program, Section 14499.6. Welfare and Institutions Code. Savings association employees, disclosure of criminal history information, Section 6525. Financial Code. Savings associations, inspection of records by shareholders, Section 6050, Finonciol Code. School district governing board, disciplinary action, disclosure of pupil information, Section 35146, Education Code. School employee, merit system examination records, confidentiality of, Section 45274, Education Code. School employee. notice and reasons for hearing on nonreemployment of employee, confidentiality of, Sections 44948.5 and 44949, Education Code. School meals for needy pupils. confidentiality of records, Section 49558, Education Code. Sealed records. arrest for misdemeanor. Section 851.7, Penal Code. Sealed records, misdemeanor convictions, Section 1203.45. Penal Code. Sealing and destruction of arrest records. determination of innocence. Section 851.8, Penal Code. Search warrants, special master, Section 1524, Penol Code. Puttic Records act D 201 T Richords. Wo1so 1 b Gershon 2049629 Rage 159 Part Three- The Caitorroo Pubic Records Act Sex change. confidentiality of birth certificate, Section 103440, Health and Safety Code. Sex offenders, registration form. Section 290.021, Penal Code. Sexual assault forms, confidentiality of. Section 13823.5. Penal Code. Sexual assault counselor and victim, confidential communication, Sections 1035.2. 1035.4, and 1035.8. Evidence Code. Shorthand reporter's complaint, Section 8010, Business and Professions Code. Small family day care homes, identifying information, Section 1596.86, Health and Safety Code. Social security number, applicant for driver's license or identification card, nondisclosure of, Section 1653.5. Vehicle Code, and Section 6254.29. Social security number, official record or official filing, nondisclosure of. Section 9526.5. Commercial Code, and Sections 6254.27 and 6254.28. Social Security Number Truncation Program, Article 3.5 (commencing with Section 27300), Chapter 6, Part 3, Division 2, Title 3. Social security numbers within records of local agencies, nondisclosure of, Section 6254.29. Section 6276.42. "State agency activities" through "Sturgeon egg processors" State agency activities relating to unrepresented employees. subdivision (p) of Section 6254. State agency activities relating to providers of health care. subdivision (a) of Section 6254. State Auditor, access to burred records. Section 8545.2. State Auditor, confidentiality of records, Sections 8545, 8545.1. and 8545.3. State civil service employee. confidentiality of appeal to state personnel board, Section 18952. State civil service employees. confidentiality of reports, Section 18573. State civil service examination, confidentiality of application and examination materials, Section I8934. Pubic Recalls Act 02017 Richards Watson 3 Gershon 2049629 Page 160 Port Three: The Coifcrroo Pubic Records AcI State Compensation Insurance Fund. exemption from disclosure for various records maintained by the State Compensation Insurance Fund, subdivision (ad), Section 6254. State Contract Act, bids. questionnaires and financial statements. Section 10165, Public Contract Code. State Contract Act, bids, sealing, opening and reading bids, Section 10304, Public Contract Code. State Energy Resources Conservation and Development Commission, confidentiality of proprietary information submitted to. Section 25223, Public Resources Code. State hospital patients, information and records in possession of Superintendent of Public Instruction, confidentiality of, Section 56863, Education Code. State Long -Term Care Ombudsman. access to government agency records, Section 9723. Welfare and Institutions Code. State Long -Term Care Ombudsman office, confidentiality of records and files, Section 9725, Welfare and Institutions Code. State Long -Term Care Ombudsman office, disclosure of information or communications, Section 9715, Welfare and Institutions Code. State Lottery Evaluation Report, disclosure, Section 8880,46. State prisoners, exemption from disclosure for surveys by the California Research Bureau of children of female prisoners. Section 7443, Penal Code. State summary criminal history information, confidentiality of information, Sections 1 1 105, 11105.1, 11105.3, and 11105.4, Penal Code. State Teachers' Retirement System, confidentiality of information filed with the system by a member, participant. or beneficiary. Sections 22306 and 26215, Education Code. Sterilization of disabled, confidentiality of evaluation report. Section 1955, Probate Code. Strawberry marketing information, confidentiality of, Section 63124, Food and Agricultural Code. Structural pest control licensee records relating to pesticide use, confidentiality of, Section 15205, Food and Agricultural Code. Pubic Records Ac! 0 2017 Richards Watson & Gershon 2049629 Page 161 Por' Three The Costo'r o Pubic Records Act Student driver, records of physical or mental condition, confidentiality of, Section 12661, Vehicle Code. Student. community college, information received by school counselor, confidentiality of, Section 72621, Education Code_ Student, community college. records, limitations on release, Section 76243, Education Code. Student, community college, record contents. records of administrative hearing to change contents, confidentiality of, Section 76232. Education Code. Student, sexual assault on private higher education institution campus, confidentiality of information, Section 94385. Education Code. Student, sexual assault on public college or university, confidentiality of information, Section 67385. Education Code. Sturgeon egg processors. records, Section 10004, Fish and Game Code. Section 6276.44. "Taxpayer information" through "Trust companies" Taxpayer information, confidentiality, local taxes, subdivision (i), Section 6254. Tax preparer, disclosure of information obtained in business of preparing tax returns, Section 17530.5. Business and Professions Code, Teacher, credential holder or applicant, information provided to Commission on Teacher Credentialing. confidentiality of, Section 44341, Education Code. Teacher, certified school personnel examination results, confidentiality of, Section 44289, Education Code. Telephone answering service customer list, trade secret, Section 16606, Business and Professions Code. Timber yield tax, disclosure to county assessor, Section 38706, Revenue and Taxation Code. Timber yield tax, disclosure of information, Section 38705, Revenue and Taxation Code. Title insurers, confidentiality of notice of noncompliance, Section 12414.14, Insurance Code. Pubic Records Act C 2017 Richards. wotson a Gershon 2049629 Paye ' 62 Pad Three: The coitorrro PuWc Recceds Act Tobacco products, exemption from disclosure for distribution information provided to the State Department of Public Health, Section 22954, Business and Professions Code. Tow truck driver, information in records of California Highway Potrol, Department of Motor Vehicles, or other agencies, confidentiality of. Sections 2431 and 2432.3, Vehicle Code. Toxic substances, Department of. inspection of records of, Section 25152.5, Health and Sofety Code. Trade secrets, Section 1060, Evidence Code. Trade secrets, confidentiality of, occupational safety and health inspections, Section 6322, Labor Code. Trade secrets, disclosure of public records, Section 3426.7, Civil Code. Trade secrets, food, drugs, cosmetics, nondisclosure, Sections 110165 and 110370, Health and Safety Code. Trade secrets, protection by Director of the Department of Pesticide Regulation. Section 6254.2. Trade secrets and proprietary information relating to pesticides, confidentiality of, Sections 14022 and 14023, Food and Agricultural Code. Trade secrets, protection by Director of Industrial Relations, Section 6396. Labor Code. Trade secrets relating to hazardous substances. disclosure of, Sections 25358.2 and 25358.7. Health and Safety Code. Traffic violator school licensee records, confidentiality of, Section 11212, Vehicle Code. Traffic offense, dismissed for participation in driving school or program. record of, confidentiality of, Section 1808.7. Vehicle Code. Transit districts, questionnaire and Financial statement information in bids, Section 99154, Public Utilities Code. Tribal -state gaming contracts. exemption from disclosure for records of an Indian tribe relating to securitization of annual payments. Section 63048.63. Pubic Records Act 02017 Richards, wotson & Gershon 2049629 Page I63 Port Three: The Caitorr o Puabc Records Act Trust companies, disclosure of private trust confidential information, Section 1582, Financial Code. Sedbn 6276.46. "Unclaimed property" through "Wards and dependent children, inspection of juvenile court documents" Unclaimed property. Controller records of, disclosure. Section 1582, Code of Civil Procedure. Unemployment compensation, disclosure of confidential information. Section 2111, Unemployment Insurance Code. Unemployment compensation, information obtained in administration of code. Section 1094, Unemployment Insurance Code. Unemployment fund contributions, publication of annual tax paid, Section 989, Unemployment Insurance Code. University of California, exemption from disclosure for information submitted by bidders for award of best value contracts, Section 10506.6, Public Contract Code. Unsafe working condition, confidentiality of complainant, Section 6309, Labor Code. Use fuel tax information, disclosure prohibited. Section 9255, Revenue and Taxotion Code. Utility systems development. confidential information, subdivision (e), Section 6254. Utility user fax return and payment records. exemption from disclosure. Section 7284.6. Revenue and Taxation Code. Vehicle registration, confidentiality of information, Section 4750.4, vehicle Code. Vehicle occident reports, disclosure of, Sections 16005, 20012, and 20014. Vehicle Code and Section 27177, Streets and Highways Code. Vehicular offense. record of, confidentiality five years after conviction. Section 1807.5, Vehicle Code. Veterans Affairs. Department of, confidentiality of records of contract purchasers, Section 85, Military and Veterans Code. Pubic Records Act 0 2017 Richards. waison & Gershon 2049629 Page 16s Pon Three_ The CaMorrra Pubic Records ACI Veterinarian or animal health technician, alcohol or dangerous drugs diversion and rehabilitation records, confidentiality of, Section 4871, Business and Professions Code. Victims' Legal Resource Center, confidentiality of information and records retained, Section 13897.2, Penal Code. Voter. affidavit or registration, confidentiality of information contained in. Section 6254.4. Voter, registration by confidential affidavit, Section 2194, Elections Code. Voting, secrecy, Section 1050, Evidence Code. Wards and dependent children, inspection of juvenile court documents, Section 827, Welfare and Institutions Code. Section 6276.48. "Wards" through "Youth Authority" Wards, petition for seting records, Section 781, welfare and Institutions Code. Winegrowers of California Commission, confidentiality of producers' or vintners' proprietary information, Sections 74655 and 74955. Food and Agricultural Code. Workers' Compensation Appeals Board. injury or illness report, confidentiality of, Section 6412, Labor Code. Workers' compensation insurance, dividend payment to policyholder, confidentiality of information, Section 1 1739. Insurance Code. Workers' compensation insurance fraud reporting, confidentiality of information, Section 1877.4. Insurance Code. Workers' compensation insurer or rating organization, confidentiality of notice of noncompliance. Section 1 1754, Insurance Code. Workers' compensation insurer, rating information. confidentiality of, Section 1 1752.7, Insurance Code. workers' compensation, notice to correct noncompliance. Section 11754, Insurance Code. Workers' compensation, release of information to other governmental agencies, Section 1 1752.5. Insurance Code. Pubic Records Act 0 2017 Richards. WoRon & Gershon 2049629 Page 165 Pprl three; The Costorrro pubic Records ACt Workers' compensation, self-insured employers, confidentiality of financial information, Section 3742, Labor Code. Workplace inspection photographs, confidentiality of, Section 6314, Labor Code. Youth Authority, parole revocation proceedings, confidentiality of, Section 1767,6, Welfare and Institutions Code. Youth Authority, release of information in possession of Youth Authority for offenses under Sections 676, 1764,1, and 1764.2. Welfare and Institutions Code. Pubic Records Ac' C 2017 Richards. Watson & Gershon 2049629 Page 166 Richards. Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles. San Francisco. Orange County. Temecula. and the Central Coal* our dedicotea team of experts provides the lull -scope of public law services. we ore the lawyers of choice tor clients who seek retable. efficientand effective legal counsel. Richards, Watson & Gershon serves as city/town attorney. special counsel and general counsel to clients of all sizes and demographics. Our attorneys ore proficient in Oreos of low only found in o firm with substantial expenence in public agency representation. Local governments count on us for help with their most complex problems Specialties include: Administrative Law Brown Act CEQA Coastal Act Code Enforcement Conflicts of Interest Elections Eminent Doman Information Technology Inverse Condertration labor & Employment Land Use & Planning litigotion Police Prac tices Post -Redevelopment PubriC Finance Putahc Records Act Public Works Red Estate Subdvisions & Zoning Taxes & Assessments teleCommuniCations Trill & Appellate law waste Management water Law www rwglaw.COM SECTION 10 COUNCIL MEMBERS Matt E. Rahn Michael S. Naggar Jeff Comerchero Maryann Edwards James Stewart EXECUTIVE STAFF Aaron Adams Greg Butler Randi Johl Jennifer Hennessy Kevin Hawkins Patrick Thomas Luke Watson Mike Heslin Isaac Garibay Peter M. Thorson Lisa McConnell Charlie Dehart CITY OF TEMECULA 41000 Main Street Temecula, California 92590 Reception Desk Phone: (951) 694-6444 Mayor/City Council Phone: (951) 506-5100 Website: www.TemeculaCA.gov RESOURCE LIST Mayor (matt_rahn@TemeculaCA.gov) Mayor Pro Tempore (mike.naggar@TemeculaCA.gov) Council Member(jeff.comerchero@TemeculaCA.gov) Council Member (maryann.edwards@TemeculaCA.gov) Council Member (james.stewart@TemeculaCA.gov) City Manager (506-5100) (aaron.adams@TemeculaCA.gov) Assistant City Manager (693-3961) (greg.butler@TemeculaCA.gov) City Clerk (694-6444) (randi.johl@TemeculaCA.gov) Director of Finance (694-6430) (jennifer.hennessy@TemeculaCA.gov) Director Community Services (694-6480) (kevin.hawkins@TemeculaCA.gov) Public Works Director (694-6432) (patrick.thomas@TemeculaCA.gov) Director of Community Development (694-6400) (luke.watson@TemeculaCA.gov) Director of Information Technology/Support Services (308-6300) (mike.heslin@TemeculaCA_gov) Human Resources Manager (694-6490) (isaac.garibay@TemeculaCA.gov) City Attorney Richards. Watson & Gershon 355 South Grand Avenue, 40'h Floor Los Angeles, California 90071-3101 Phone: (213) 626-8484 Chief of Police P. O. Box 892050. Temecula 92589 30755-A Auld Road, Murrieta 92563 Office: (951) 696-3000 Non -Emergency: (800) 950-2444 Division Fire Chief City of Temecula Fire Services 41000 Main Street, Temecula, CA 92590 Phone: 951-694-6405 Station #12 (Mercedes) 676-2161, Station #73 (Enterprise Circle W.) 699-4517, Station #83 (Sky Canyon) 696-0962, Station #84 (Pauba) 693-0683, Station #92 (Wolf Valley) 302-1497 Item No. 10 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 9, 2018 SUBJECT: Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar Year 2018 PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE ESTABLISHED CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY AMENDING AND RESTATING THE RECORDS RETENTION POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN RECORDS BACKGROUND: The citywide Records Management Program ("Program") is based on state and federal laws and agency guidelines governing public records. The Records Retention Schedule ("Schedule") is a key element of this program. The objective of the program and schedule is to administer and preserve records vital to the operation of the City and to lawfully dispose of records that have served their usefulness. Program components include the retention schedule, records destruction, technology storage and retrieval, and related policies and procedures. The schedule is a comprehensive listing of records created or maintained by the City, that includes the length of time each record is retained and the legal retention authority. The Electronic Document Management System ("EDMS") is a part of the overall program. The City uses Laserfiche as its EDMS to store its official records electronically. The purpose of the EDMS policy is to ensure the City's EDMS meets the definition of a Trusted System as set forth in Government Code Sections 12168.7 and 34090.5, and is in compliance with regulations developed by the Secretary of State to use in recording, storing, and reproducing permanent and nonpermanent documents or records in electronic media, so that every reproduction of a record from the EDMS will be deemed to be a copy of an original record. Documents already imaged and identified within various records series of the schedule are destroyed in accordance with policy. Permanent imaging of these records complies with the requirements of state and federal laws. Proposed revisions to the schedule are based upon an annual survey of departments. Revisions reflect changes in records ownership, operational needs and changes in applicable records management law. Government Code Section 34090 requires legislative approval for said destruction, along with City Attorney review and Department Director authorization. The City Attorney consents to the destruction of the proposed records by way of approval of this report and attachments and signature on the corresponding resolution. Assuming the City Council approves the proposed destruction Department Directors will also sign off on the request for destruction of records prior to actual destruction. In addition to the descriptions set forth in Exhibit A, bar code records also identify each record retained and/or destroyed by the City. Therefore, staff recommends that the City Council approve the annual retention schedule and records destruction. FISCAL IMPACT: The costs associated with the program are contained in the annual operating budget for the City Clerk Department. ATTACHMENTS: 1. Resolution Regarding Records Retention Schedule 2. Exhibit A — Records Retention Schedule 3. Exhibit B — Request for Destruction of Records 4. Exhibit C — Electronic Document Management System Policy RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE ESTABLISHED CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY AMENDING AND RESTATING THE RECORDS RETENTION POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN RECORDS WHEREAS, the Records Retention Schedule is a key element of the Records Management Program for the City of Temecula in administering and preserving records vital to the operation of the City and for legally disposing of records that have served their usefulness. WHEREAS, the Records Retention Schedule, attached hereto as Exhibit A, is a living, breathing document changing periodically based on the ongoing operational needs of the City. WHEREAS, Section 34090 et seq. of the California Government Code authorizes the destruction of City records upon approval of the legislative body of the City and with written consent of the City Attorney, provided that the records do not fall within certain specified categories, and are not Tess than two years old; and WHEREAS, the records described in Exhibit B and incorporated herein by this reference are more than two years old, are not subject to litigation hold, and are not otherwise required to be kept by the City by statute and therefore meet the criteria for destruction set forth in Government Code Section 34090 et seq.; and WHEREAS, in addition to the description of records provided in Exhibit B, bar code scans identify each record retained and/or destroyed by the City. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The "City of Temecula Uniform Filing System Guide Records Retention Schedule" is hereby amended and restatated as set forth on Exhibit A. Section 2. The City Clerk or her designee is authorized to destroy the records described on Exhibit B. 1 Section 3. The City Attorney's signature on this resolution shall serve as evidence of his written consent to the destruction of the records described on Exhibit B. The City Attorney hereby consents to the destruction of the records described on Exhibit B. Peter M. Thorson City Attorney Section 4. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2018. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA Matt Rahn, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 2 Randi Johl, City Clerk Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-, January 9, 2018 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS DESTRUCTION DATES OF RECORDS (Updated each January) 100 GENERAL ADMINISTRATIVE FILES 100-01 Mission Statement HR Y P GC 34090 Permanent 100-02 City Wide Policies and Administrative HR Y P GC 34090 Permanent Guidelines Prosedures(City-Wide) 101 CORRESPONDENCE CONTROL FILES 101-01 Chronological and General Correspondence Files ALL N C + 2 GC 34090 2014 2015 and prior 101-02 Mail Log ALL N G-4-2 GC -34080 2814 and -prior 101-03 Telephone Record Books ALL N G#-2 G.,C-34090 2014 -and prior 101-04 Suspense !Tickler -Files ALI N C-+ 2 GC34090 2044 and poor 1-01-05 Mailing Requests AUL N C-' 2 GC -34080 2014 anti -prior 101-06 Calendars, Appointment Books, Scheduling and Call Logs ALL N C + 2 GC 34090 20142015 and prior 200 PLANNING, BUDGET & PROGRAMMING FILES 201 EMERGENCY PLANNING FILES 201-01 Emergency Planning Files HR, IT Y US + 2 GC34090 Until Superseded + 2 201-02 Emergency Reporting Files HR,FIN Y P GC 34090 Permanent 204-03 Civil -Disturbance 8 -Riot -Files FIR Y P GC34090 Permanent 281-04 Disaster Reporting Files HR Y P GG34090 Permanent 204-05 Civil Planning -Files HR Y P GC 34090 Permanent 201-06 Emergency Communications Files (lnsludes 9-14) HR Y P GC 6254 Permanent 204-07 CeRnmurxty-Reseurces HR N US GC -6254 Until -Superseded 201-08 Emergency Management Training HR Y US + 2 GC 6254 Until Superseded + 2 LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE • WIJRITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 202 ORGANIZATION PLANNING FILES 202-01 Organization Workforce Planning iCity of HR Y G + 2US GC 34090 2814ar $orUntil Superseded Temecuial 203 CITY PLANNING FILES 203-01 Tentative Map Files/Tentative Tract Maps PLG, PW Y P GC 34090: H & S 19850; GC 4003; GC 4004 Permanent 203-02 Tentative Parcel Map Files PLG, PW Y P GC 34090; H & S 19850; GC 4003; GC 4004 Permanent 203-03 Zone Change Files PLG Y P GC 34090: H & S 19850; GC 4003; GC 4004 Permanent 203-04 Variance Files PLG Y P GC 34090; H & S 19850; GC 4003; GC 4004 Permanent 203-07 Minor Temporary Use Permit CSD, PLG N C + 2 GC 34090d R. -,t,, tuSeries 203-48 for Master and Major TUP's 24142015 and prior 203-08 Conditional Use Permit Files PLG Y P GC 34090 H & S 19850: GC 4003; GC 4004 Permanent 203-10 Modifications (includes minor, major, review) PLG Y P GC 34090 H & S 19850; GC 4003: GC 4004 Permanent 203-11 General Plan/Development Code and Amendments PLG Y P GC 34090 Permanent 203-12 Lot Line Adjustment CC, PLG.PW Y P GC 34090 Permanent 203-13 Environmental Initial Study, Environmental Impact Report and Environmental Assessments PLG Y P GC 34090 Permanent 203-15 Comprehensive Sign Program PLG Y P Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 2 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D1NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERAT)ON T TERM UD UNTIL DISPOSED 3 US UNTIL SUPERSEDED GC 34090 203-16 Temporary Signs PLG N C + 2 GC 34090d 20142015 and prior 203-17 Sign Permit PLG Y P GC 34090 Permanent 203-19 Parcel Merger CC. PLG, PW Y P GC 34090 Permanent 203-20 Home Occupation Permit PLG Y P GC 34090 Permanent 203-21 Specific Plans/Specific Plan Amendments PLG Y P GC 34090 Permanent 203-22 Certificate of Compliance CC, PLG, PW Y P GC 34090 Permanent 203-23 Waivers of Final Map PLG Y P GC 34090 Permanent 203-24 Development Plans PLG. PW Y P GC 34090 Permanent 203-25 Second Unit Permit PLG Y P GC 34090 Permanent 203-28 Development Agreements PLG Y P GC 34090 Permanent 203-31 Landscape Agreements/Bonds/Plans PLG Y P GC 34090 Permanent 203-32 Appeals PLG N C +2 GC 34090 20142015 and prior 203-35 Massage Establishment/Technician PLG Y P GC 34090 Permanent 203-36 Findings of Public Convenience or Necessity PLG Y P GC 34090 Permanent 203-37 Development Impact Fee Reduction PLG Y P GC 34090 Permanent 203-38 Extension of Time PLG Y P GC 34090 Permanent 203-39 Habitat Acquisition Negotiations Strategy (HANS) PLG Y P GC 34090 Permanent 203-40 Minor Exception PLG Y P GC 34090 Permanent 203-41 Model Home Complex PLG Y P GC 34090 Permanent 203-42 Pre -Application Review PLG Y P GC 34090 Permanent 203-43 Residential Tract Product Review PLG Y P GC 34090 Permanent 203-44 Vendors License PLG Y P Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D1NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERAT)ON T TERM UD UNTIL DISPOSED 3 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-, January 9, 2018 CC Meeting LEGENDS: AA AF TER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 4 GC 34090 203-45 Wireless Antenna Facility PLG Y P GC 34090 Permanent 203-46 Long Range Planning Projects PLG Y P GC 34090 Permanent 203-47 Certificate of Historical Appropriateness PLG Y P GC 34090 Permanent 203-48 Master/ Major Temporary Use Permits and Special Events PLG Y P GC 34090 Permanent 203-49 Special Studies PLG_ Y P GC 34090 Permanent 204 INFORMATION TECHNOLOGY COMPUTER APPLICATIONS, AUDIONIDEO & DIRECTORIES 204-01 Computer Files iT Y P GC 34090 Permanent 204-06 Council Meeting Media CC. IT N P GC 34090 Permanent 204-07 Meeting Audio Recordings (Boards & ALL IT N C + 2 GC 34090 20142015 and prior Commissions, Directors Hearing. etc.) 205 BUDGET FILES 205-01 Budget Working Paper Files ALLFIN N C + 2 GC 34090 201-42015 and prior 205-02 Proposed Budget AUL-FIN N C + 2 GC 34090 20442015 and prior 205-03 Approved Final Adopted City Budget & FIN Y P GC 34090, 40802 Permanent Mid -year Budget and 53901 205-04 Budget Adjustments FIN Y P 4AA Permanerrt12/13 and GC 34090 prior 205-09 Capital Improvement Program Budget FIN Y P GC 34090 Perrnanent 2051-11 GANN Appropr4atlon-LImit FIN Y P GC -34090 Permanent 205-13 State Budget Information FIN N C + 2 GC 34090 20442015 and prior 206 REPORTING FILES 206-02 Comprehensive Annual Financial Reports (CAFR)/Annual Financial Statements) FIN Y P GC 34090 Permanent 206-04 State Controller's Report (City) FIN Y P GC 34090 Permanent 206-05 Street Report (City) FIN Y P GC 34090 Permanent LEGENDS: AA AF TER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 4 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 206-06 Statement of Indebtedness (RDA) FIN Y P GC 34090 Permanent 206-07 State -Conti -otter's Report -040A) FIN Y P GC 34090 Permanent 206-08 State Controller's -Report -4TCSO) FIN Y P GG 34090 Permanent 207 COST ANALYSIS STUDIES 207-01 Cost Analysis Studies Files FIN Y P Permanent 208 REDEVELOPMENT (RDA) & SUCCESOR AGENCY THE REDEVELOPMENT AGENCY(SARDA1 208-01 Redevelopment Plan PLG Y P GC 34090 Permanent 208-02 Redevelopment Projects PLG Y P GC 34090 Permanent 208-03 Redevelopment Programs PLG Y P GC 34090 Permanent 208-04 Housing Programs PLG Y P GC 34090 Permanent 208-05 Housing Projects PLG Y P GC 34090 Permanent 208-06 Owner Participation Rules PLG N US GC 34090 Until Superseded 208-07 Relocation Assistance. Rules & Guidelines PLG N US GC 34090 Until Superseded 208-08 Special Studies — RDA/SARDA PLG Y P_ GC 34090 Permanent 209 FUNDING PROGRAMS FILES 209-01 Community Services Funding Program CM Y PT + 4 Permanent2013 and GC 34090 prior if terminated 209-02 Community -Grants (GDRG) CDBG Public Service Admin Files PLG N P 3 Office + 5 Permanent2010 and GC 34090: 7 CFR 3016.42 prior 209-03 CDBG Planning Documents PLG Y P Electronic — Includes Consolidate Plan, Permanent Annual Action Plans, Analysis of Impediments, Assessment of Fair Housing, Consolidated Action and Performance Evaluation Report (CAPER) 209-04 CDBG Funding Applications PLG N 22 + 33 2 Office + 3 209-05 CDBG Policy Manuals PLG N US Until Superseded 300 MANAGEMENT FILES 301 DEPARTMENTAL MANAGEMENT FILES 301-02 Conference and Meetings ALL N US Until Superseded LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE ttl___MATURITV P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 5 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 6 US UNTIL SUPERSEDED GC 6254 301-03 Departmental Procedures ALL N US GC 6254 Until Superseded 302 REPORTS MANAGEMENT FILES 303 FORMS MANAGEMENT FILES 303-01 Forms (Masters) ALL N US GC 6254 Until Superseded 304 RECORDS MANAGEMENT FILES 304-01 Filing Systems & Procedures (Includes TUFFS) CC N US GC 6254 Until Superseded 304-02 Department Inventories and Worksheets CC Y P GC 6254 Permanent 304-03 Records Destruction Authorization Files and Certificates CC Y P GC 6254 Permanent 304-05 Imaging/Micrographics Program CC N US GC 6254 Until Superseded 304-06 Department Transfer Lists CC Y P GC 6254 Permanent 304-07 Retention Schedules CC N P GC 6254 Permanent 305 RISK MANAGEMENT 305-01 Insurance Policies CCHR Y P ' GC 34090 City Owned Policies Permanent 305-02 Claims (Liability Claims, Workers Comp CC, FtN -HR N 3 AS GC 34090 Refer to Series 704-13 for Claims 2014 2015 and prior Claims, etc.) Aqainst the City years after settled 305-03 Accident Reports - City Assets HR N CL + 3 2014 and prior closed 305-04 Risk Management Reports - Loss Analysis HR N CL + 7 2010 and prior closed Safety, etc.) 305-05 Self -Insured Documentation HR N AS + 3 2014 and prior after settled 305-06 Incident Re..rts Non-em.lo ee HR N CL + 3 2014 and .nor closed 400 ACCOUNTING, PAYROLL & RETIREMENT 401 ACCOUNTING & REVENUE FILES Also see Section 409 401-03 General Ledger File/AJE/BJE FIN N P 4AA GC 34090 CCP337 GeraeratLedger-Rermanerat Journal entrie& 4AA FY1142-12/13 and prior 401-06 Accounts Payable FIN N 4 AA GC 34090 FY114 -12213 and prior 401-07 Accounts Receivable FIN N 4 AA GC 34090 FY11/12-12/13 and prior LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 6 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 401-10 Demands & Warrants_ - • FIN Y P 4 AA Permanent FY12/13 GC 34090 and prior 401-11 Encumbrance Files FIN N 4 AA GC 34090 FY11142 12/13 and prior 401-13 List of Demands FIN N 4 M GC 34090 FY 11-44-2-12/13 and prior 401-14 Petty Cash Files FIN Y 4 AA GC 34090 FY11/42-12/13 and prior 401-16 Sales Tax FIN N 4 AA GC 34090 Also see 409-11 FY111a-2-12/13 and prior 401-18 Master Chart of Accounts FIN Y P 4AA PermanentFY 12/13 GC 34090 and prior 401-19 Quarterly Financial Statements FIN Y 7AA 4AA FY094-0and-prior FY 12/13 and prior GC 34090 & CCP 337 401-20 State Revenues FIN Y P 4AA Permanent FY 12/13 GC 34090 and prior 401-21 Fiscal Analysis FIN Y P 4AA Pe n aFaent FY12/13 GC 34090 401-25 Vouchers and Voucher Register (Cash Disbursement Journal) FIN 4 AA GC 34090 FYI -1/12-12/13 and prior 401-35 Internal Service Funds FIN N 4 AA GC 34090 FY11/1212/13 and prior 401-30 Capital Improvement Program {- IP-) FIN Y P GC 34090 Permanent 401-37 Asset Management Inventory FIN Y P GC 34090 Permanent 402 RECEIPTS & BILLING FILES 402-02 Daily Cash Receipts FIN N 4 AA GC 34090 FY11/12 12/13 and prior 402-05 Permits and Permit Fees FIN Y P 4AA GC 34090 Reraaaanerat FY 12/13 and prior 402-06 Business Licenses FIN N 4AC/10 AC GC 34090 Renewals & Address Changes 4 AC Applications 10 AC 4 Years2013 and prior After Closed/10 Years2007 and prior After Closed 403 CITY BANKING FILES 403-01 Bank Deposit Files FIN N 4 AA GC 34090 FY1144-212/13 and prior 403-02 Bank Statements FIN N 4 AA GC 34090 FY11/12-12/13 and prior 403-03 Check Stubs, CancelledNoided Checks FIN N 5-4 AA GC 34090 Includes -payroll, cancelled & voided checks FY 4014-412/13 and prior 403-04 Signature -Cards -8 Authority FIN N 5 -AA PY 10/41 and prior LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 7 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: &A AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 8 US UNTIL SUPERSEDED GG 34080 403-05 Banking Service Files FIN N 3 AT GC 34090 3 Years2014 and prior After Termination 403-06 Bank Reconciliation FIN N 4 AA GC 34090 FY1-111-2--12/13 and prior 403-07 Bao k Proposals FIN N G-4-2 GC 34090 2044arid-prior 403-08 A/P Checks (Numerical Listing) FIN N 4 AA GC 34090 FY14,'3212/13 and prior 404 PAYROLL FILES 404-01 IRS Forms (W2's, W -4's, EDD. 941, 1099, etc.) FIN N C + 4 GC 34090 CFR 1627.3 2013 and prior 404-02 Payroll Deductions/Benefit Reports FIN N C + 2/P GC 34090 P29 CFR 1627.3 Payroll Deductions G + 2 Benefit Reports Pernoanent 20142015 and prior/Permanent 404-03 Payroll System Reports FIN N 0 4 AA GC 34090 FY09/-10-12113 and prior 404-04 Time Sheets FIN N 6 4 AA GC 34090 FY00/1012/13 and prior 404-06 Vacation & Sick Leave FIN. HR N 4 AA GC 34090 FY14/1-2 12/13 and prior 404-07 Deferred -Compensation FIN, HR N P GC 34090 29 -GFR 16274 Permanent 404-09 Unemployment Compensation Files FIN. HR N 5 AT 4AA 5 -Years After TeurunationFY12/13 GC 34090 and prior 404-14 PERS - Payroll Deduction Reports FIN. NR N P 29 CFR 1627.3 Permanent 404-16 Workers Compensation FIN/NR N 5 AT4AA GC 34090 5 -Years After TerminationFY12/13 and prior 405 BOND FILES 405-01 Bond Issue Maintenance Files Y PM + 3 PermanentM + 3 53921 & CCP 337.5 405-09 Bonds, Development and Performance Y P 53921 & CCP 337.5 Permanent 405-11 Redevelopment Agency Y P 5392-1-$ GGR33Ag Permanent 405-12 Temecula Community -Services District CSD Y R Permanent LEGENDS: &A AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 8 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: M AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION DMR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 9 _US UNTIL SUPERSEDED 5,3g24_st CCP -337-5 405 13 Indt►6trial Develepms n-Auther+ty Y P 539244 CCP 7-5 permanent 405-16 Bonds Other CC Y PM + 3 RerrnanentM + 3 53921 & CCPCC7.5 406 AUDIT FILES 406-07 City Annual Audit FIN Y P GC 34090 Permanent 406-08 Single Audit FIN Y P GC 34090 Permanent 406-09 Redevelopment Agency Audit FIN Y P GC 34090 Permanent 406-10 Riverside County Transportation Commission/Measure A Audit FIN Y P GC 34090 Permanent 406-11 Other_Audits FIN Y P GC 34090 Permanent 407 RETIREMENT FILES 407-01 Individual Vested Interest Records FIN Y P4AA GC 34090 Perreanent12/13 and prior 407-02 Deferred Compensation FitesPlans F4NHR Y P GC 34090.26 Permanent 407-03 Retirement Report& -F 4e5 F -I41 Y P4AA Permanent GG 34090 407-04 Retirement Correspondence and Information (PERS) PINHR Y P GC 34090 Permanent 407-05 FSA! Y P4AA Permanent GC -34090 408 INVESTMENTS FILES 408-04 Certificates of Deposit Information FIN Y P GC 34090 Permanent 408-05 Investment Information Files FIN N 4 AA GC 34090 FY11112-12/13and prior 408-06 Monthly Treasurer's Report FIN Y P 4 AA PermanentFY 12/13 GC 34090 and prior 408-07 Administration FIN N 4 AA GC 34090 FY1-4/42-12113and prior 408-09 Brokers/Dealers FIN N C + 2 GC 34090 20142015 and prior 408-10 State of Califomia Local Agency Investment Fund (LAIF) FIN N 4 AA GC 34090 FY11/12 12/13 and prior 408-11 Agreement FIN Y P Permanent LEGENDS: M AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION DMR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 9 _US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: M AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION DINR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MA -UNITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 10 US UNTIL SUPERSEDED GC 34090 409 REVENUE & TAXATION Also refer to Section 401 409-01 Administration FIN N 4 AA GC 34090 FY11/12 12/13 and pnor Permanent 409-04 User Fee Studies FIN Y P GC 34090 409-05 Development Impact Fees (DIF) FIN Y P GC 34090 Permanent 409-06 Franchise Fees FIN Y P4AA GC 34090 Permanent FY12113 and pnor 409-07 Fee Schedules FIN Y P GC 34090 Permanent 409-10 Property Tax FIN N P4AA GC 34090 Permanent 12/13 and prior 409-11 Sales Tax FIN N P GC 34090 Also refer to series 401-16 Permanent 409-12 Transient Occupancy Tax (TOT) FIN N 4 AA GC 34090 FY 1.1,1-2-12/13and prior 409-15 TCSD Fees FIN Y P GC 34090 Permanent 409-16 Documentary Transfer Tax FIN N 4 AA GC 34090 FY11/12 12/13and prior 409-17 Temecula Public Financing Corporation (TPFA) FIN Y P GC34090 Permanent 409-18 Grants FIN Y P GC 34090 Permanent 409-23 Gas Tax FIN N 4 AA GC 34090 FY11/12 12113 and prior 409-24 Vehicle Impound Fee FIN Y P4AA GC 34090 Permanent 12/13 and prior 409-25 Development Agreement Fees FIN Y P GC 34090 Permanent 409-27 Jarvis Prop 218 FIN Y P GC 34090 Permanent 409-28 County Revenues. Other FIN Y P4AA GC 34090 Permanent 12/13 and pnor 409-29 State Revenues. Other FIN Y P4AA Rermaaeat 12/13 and GC 34090 pnor 409-30 Measure A FIN Y P GC 34090 Permanent 409-31 Parking Legal Citations FIN N 4AC GC 34090 4 Years2013 and pnor After Closed 410 ECONOMIC DEVELOPMENT 410-01 Loans & Incentives ED Y P Permanent LEGENDS: M AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION DINR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MA -UNITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 10 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED US UNTIL SUPERSEDED GC 34090 410-02 Studies/Research/Demographics & Census ED Y P GC 34090 Permanent 410-03 Meetings/Seminars/Conferences/ Showcases ED N C + 2 GC 34090 20154 and prior 410-04 Economic Development Committees & Other Agencies ED Y P GC 34090 Permanent 410-05 Temecula Businesses ED N US GC 34090 Until Superseded 410-06 Business Development/Projects ED N US GC 34090 Until Superseded 410-07 Sponsorship & Funding Requests ED N US GC 34090 Until Superseded 500 PERSONNEL, SALARY & BENEFITS. CLASSIFICATION, RECRUITMENT, TESTING, TRAINING, MEDICAL, COMPLIANCE, SAFETY, INCINTIVES & AWARDS 501 PERSONNEL RECORDS 501-01 Individual Personnel Fotder,File HR N S + 1050 GC 34090. 12946 2006 and prior upen separation-Seperation + 50 501-02 Personnel Policy File HR Y PUS GC 34090 Historical Value PermanentUntil Superseded 502 SALARY & BENEFITS 502-01 Employee Benefit Plans HR Y P GC 34090 Permanent 502-02 Salary Survey-F+IesStudies HR Y US GC 34090 Histoncat-value Until Superseded 502-04 Salary Schedules HR Y P GC 34090 Historical -value Permanent 502-07 Management Compensation Plan HR Y P GC 34090 Permanent 502-08 Council Compensation Plan HR Y P GC 34090 Permanent 503 PERSONNEL CLASSIFICATION FILES 503-01 Classification Specifications HR Y P GC 34090 Historical value Permanent 503-02 Classification Studies HR N US GC 34090 Until Superseded 504 PERSONNEL MANAGEMENT FILES 504-06 Organisation -Charts HR Y US GC 34090 Until Superseded LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 504-07 Personnel Grievances and Administrative HR AS + 305 GC 34090 PC832.5 30--Years-After Settte42012 and prior if Complaints and investigations settled 504-08 Personnel Investigations HR N AS + 30 After Settled + 30 505 RECRUITMENT 505-01 Recruitment File (including job application) HR N AC + 3 GC 34090 2043-2014 and prior ii after closed 505-02 Departmentof�Motor Vehicles Driving Reocir-dsf""-�A.9 FIR N AT -4-3 GG -34090 2013 -and -prior -after termination 505-04 Employment Eligibility -Verification HR N AT + 3 GC 34090 2013 -and prior aftor tem:ligati©n 505-06 Job Applications HR N C +-3 29 CFR 1627.3 2013 and prior 505-08 Recruitment Consultants HR N AC + 3 GC 34090 2013-2014 and prior if after closed 507 TRAINING FILES 507-03 Employee Training -Employee Career HR N PT + 2 GC 34090 Permanent2015 and Development prior after termination 507-04 Safety Training HR N T + 2 2015 and prior after termination 507-05 Mandated Training HR N TT + 22 2015 and prior after termination 508 WORKERS COMP 508-02 Employeee Workers Compensation Claims HR Y AT + 3050 CCR 14311; 15400.2; CA Labor Code 110-139.6 311-50 Years After Termination 508-04 Work HR Y P AT -4-30 CCR 1431-1• 35400:3; CA -mor -Cade 1101396 Permanent 509 COMPLIANCE FILES 509-05 Compliance Reports (EED, SCO, OSHA, etc.) HR Y P GC 34090 Permanent 510 SAFETY FILES 510-01 Safety Pfipo sCommlttee Meeting/Minutes HR Y P GC 34090 Permanent 510-02 Accident/Safety Investigation Files (OSHA, etc.) HR N P GC 34090 Permanent 510-03 Safety Manual HR N P Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM 110 UNTIL DISPOSED 12 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION DiNR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 13 GC 34090 510-05 Department of Transportation DOT Program HR Y P GC 34090 Permanent 511 INCENTIVE AND SERVICE AWARDS 511-01 Employee Recognition HR Y P GC 34090 Permanent 511-02 City Sponsored Employee Activities (Team PACE) HR N C + 2 GC 34090 20-142015 and prior 600 PURCHASING, CONTRACTING, EQUIPMENT AND SERVICE FILES 601 PURCHASING FILES 601-01 Purchase Orders FIN N 4 AA GC 34090 FY11/42 12/13 and prior 601-02 Product, Services, Catalogs FIN N C . 2US GC 34090 2814 -and prierUS 601-03 Bid Files CC N P Successful 4 Unsuccessful CCP 337.5 Successful bid filed with contract; Successful Permanent; Unsuccessful 20143 and prior 601-04 Authorization to Purchase other than Bid FIN N US GC 6254 Until Superseded 601-05 Department Requisition File FIN N 5 4 AA GC 34090 FY 10/1112/13 and prior 601-06 Purchasing Policy and Procedures FIN N US GC 6254 Until Superseded 601-08 Vendors Lists FIN N DiNR4AA Destroy -when -no longer -relevant FY12/13 and prior GC 34090 601-0-9 LeaseIPurchasing-Files FA Y P GC 4080 Penal -anent 601-10 Administration FIN N US GG -348130 Until Superseded 601-13 Credit Applications FIN N 4 AA GC 34090 FY 1142-12/13 and prior 601-15 RFO s/RFP's ALL N 3 Successful 2 Unsuccessful GC 34090 2014 Successful 2015 and prior, Unsuccessful 20123 and prior 601-16 Consultant Information FIN N C + 2 GC 34090 20154 and prior 602 CONTRACTS & AGREEMENTS 602-00 Contracts & Agreements CC Y P GC 34090 Permanent 602-01 Franchises CC Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION DiNR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 13 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-, January 9, 2018 CC Meeting 602-02 Contracts and Agreements General Correspondence CC Y C + 2 GC 34090 28142015 and prior 602-03 Lease Agreements CC Y P GC 34090 Permanent 602-04 Planning Agreements CC Y P GC 34090 Permanent 602-05 Vendor Certificates of Insurance CC N US + 2 Vendor Certificates of Insurance are filed Until Superseded + 2 GC 34090 with the contract/agreement and retained until superseded + 2 603 INVENTORY SUPPLY FILES & FIXED ASSETS 603-01 Master Inventory of Equipment FIN, IT Y PUS GC 34090 PeananentUS 603-02 Fuel Records File (Gasoline, Oil, etc.) FIN N C + 2 GC 34090 20154 and prior 603-03 Vehicle Registration Records FIN N L GC 34090 VC 9900 Titfetransfers when-vet4cle-sol Life/Sale PermanentLife of Vehicle 60,3-04 inventory-ef-Sapplies RN Y P GC 34040 Permanent 603-05 Vehicle Maintenance Policy PW N US GC 34090 Until Superseded 603-06 FleetNehicle Maintenance Records PW N L Life/Sale of Vehicle Life/Sale of Vehcile 604 SALVAGE AND SURPLUS SALES 604-01 Salvage and Surplus Sales FIN N C + 3 2 AD GC 34090 20153 and prior after disposition 605 PUBLICATION AND PRINTING FILES 605-01 Proof of Publication CC Y C + 23 GC 34090, CCP 343, 349 GC 911.2 20153 and prior 605-02 Minority Publication List CC Y P GC 34090 Permanent 806 EQUIPMENT LOG, SERVICE RECORDS and WORK ORDERS 606-01 Equipment Instruction and Information ALL N C + 2 AD GC 34090 20154 and prior after disposition 606-02 € ALL N G -4 -2 -AO GG -34090 2014 -and -prior after disposition 606-03 Equipment Service Records & Equipment Maintenance ALL N C + 2 AD GC 34090 20154 and prior after disposition 606-04 Work Orders and Service Requests PW N C + 2 GC 34090 20154 and prior 607 SERVICES CONTRACTED LEGENDS: M AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AO AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 14 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-, January 9, 2018 CC Meeting 607-01 Service Agreements Y P GC 34090 Permanent 607-02 Misc. Mechanics Lien & Stop Notices Y P GC 34090 Permanent 700 LEGISLATIVE, ELECTIONS & LEGAL FILES 701 701 01 LEGISLATIVE FILES Council -Preference Papers/Meetings CC Y P GC --34090 Permanent 701-02 City Council, Agency, Board, Commission & CC Y P GC 34090 Permanent Committee Agendas 701-03 Board-Cemmittee. Commission -&-Agency Agendas CC Y P GC -34090 Permanent 701-04 City Council Ordinances Files CC Y P GC 34090 Originals may not be destroyed; image for reference purposes only Permanent 701-05 City Council, Agency, Board, Commission & CC Y P GC 34090 Originals may not be destroyed; image for reference purposes only Permanent Committee Council Resolutions 701-06 B ard,Cemmittee '.ommissien-6-Agency Minutes CC Y P GC -34090 Originals may -not be destroyed; image -for fef&rence purposes only Permanent 701 07 Boarrd Committee; Commission 6 Agency CC Y P GC34090 Originals may not be destroyed; image for -reference purposes only Remanent Ordinances 701-08 Board, --Committee Commission &--Agency Resolutions CC Y P GC 34090 Originals may -not be destroyed; image for reference purposes -only Permanent 701-09 Board, Committee, Commission & Agency Reference Papers, Applications, Appointments & Resignations CC Y P Successful G-.-23 Unsuccessful GC 34090 Successful permanent for historical purposes: Unsuccessful 3 years Permanent Successful/2014 and prior Unsuccessful 701-10 City Council, Agency, Board, Commission CC Y P GC 34090 Originals may not be destroyed; image for reference purposes only Permanent and Committee -Minutes 701-11 Federal & State Legislative Information & CC N C +-2P GC -6264 2014 and priorPermanent Correspondence (includes Brown Act) 701-12 Federal legislative-lnfermatior} & Correspondence (G€OA) CC N G-4.-2 GC -34090 2014 -and prior 701-13 L-egislaii , -Mandates aril Districts CC Y P GC -34090 Permanent 701-14 Municipal Code CC Y P GC 34090 Replace superseded pages; Code and Insertion Guides permanent Permanent 70115 Raasho•6aliferrua-Water-Oisirist pees -8 Minutes CC ¥ P GC -4090 Permanent 701-16 Meeting Notifications & Public Hearing Noticess CC Y C + 2 GC 34090 20154 and prior LEGENDS: M AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 15 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-, January 9, 2018 CC Meeting 701-17 Certificates, Presentations, & Proclamations & Loos CC N C + 2 GC 34090 Hiskxical-value 2015.1 and prior 701-18 City Seal/Logo CC Y P GC 34090 Historical value Permanent 701-19 City of Temecula Incorporation CC Y P GC 34090 Historical value Permanent 704-20 City CC N P GG -34090 City-Ceuncit-petisy Permanent 701-22 City Council Vacancy & History of Elected Officials CC Y P GC 34090 Do not destroy original Permanent 702 ELECTION FILES 702-00 Election Reference Papers CC N E + 2 GC 34090 2011-2015 and prior 702-01 Oaths of Office CC Y T + 6 GC 34090, 29 USC 1113 Termination + 6 702-02 Election Operational Files CC Y P GC 34090 Permanent 702-03 Election Statistics Files CC Y P GC 34090 Permanent 702-04 Election Ballots (Missetlaneous) CC Y RE + 6m Samptebalotsretained permanently Per-manentElection + 6 GC 34090 EC 17302 Months 702-06 Nomination Petition Files CC Y PE + 8 PermanentElection + 8 EC 17100 702-07 Election Historical Files CC Y P GC 34090 Permanent 702-08 Campaign Statements FPPC Form 400 Series & 501 CC Y P/E + 5 GC81009 (b) GC81009 (c) Elected permanent Non -Elected Election + 5 Misc. Individuals/Committees C + 7 (Must Retain in Paper Form for 2 Years) Elected - Permanent Non -Elected 20120 and prior Misc - 2010 and prior 702-10 Annexation, Consolidation & Boundary Files CC Y P GC 34090 (a) Permanent 702-11 Initiatives, Referendums and Recalls General -Correspondence CC Y C + 2 GC 34090 20154 and prior 702-12 Initiatives, Referendum and Recall Petitions CC Y CL + 8 months EC 17200, 17400; GC 7253.5 EC14700 GC3756:8 Apri4-201band-p orCL + 8 months 702-13 AB 1234 Ethics Training CC N 5Y After Training GC 53235.2 20130 and prior 703 LEGAL LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UO UNTIL DISPOSED 16 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-, January 9, 2018 CC Meeting 703-01 Request for Records CC Y CL + 2 GC 34090 20154 and prior if closed 703-02 Legalized Gambling Files CC Y P GC 34090 Permanent 703-03 Litigation Against City F -IN CC,HR Y P GC 34090 Final documents transferred to City Clerk Permanent and retained with Litigation File 703-06 Bankruptcy Filings/Foreclosure Notices CC Y P GC 34090 Permanent 703-08 Subpoenas CC N C + 2 GC 34090 2-014 2015 and prior 703-09 Litigation by City CC, HR Y P GC 34090 Final documents transferred to City Clerk Permanent and retained with Litigation File 704 LEGAL AFFAIRS FILES 704-02 Notice of Violation Files CE N P GC 34090 Permanent 704-03 Notice To Comply Files CC, CE Y P GC 34090 Permanent 704-04 Affidavits Files CC N CL +5 GC 34090 2012 2013 and prior 704-05 Judgment Files CC Y P GC 34090 Permanent 704-06 Rent Central CC Y P GC 34000 Ren anent 704-07 Statements of Economic Interest FPPC Form 700 CC N C + 7 C + 4 GC 81009(e)(f)(g) GC 87200 C + 7 Employees & Non -Elected C + 4 Elected (Originals filed with FPPC) Must Retain in Paper Form for 2 Years Employees & Non- Elected 2010 and priori Elected 2013 and pnor 704-08 Conflict of Interest Code CC Y P GC 34090.7 Permanent 704-09 Wage Gamishment & Levies GGFIN Y P GC 34090 Permanent 704-10 Code Enforcement Citations/Liens CC N 3 AS/P GC 34090 Liens Permanent Citations 20143 after settled; liens permanent 704-12 City Attomey Correspondence (General) /Closed Session Materials ALL Y C + 2 GC 34090 2014 2015 and prior 704-13 Claims Against the City CC N 3 AS GC 34090 2013 2014 and prior after settled 701 15 Neiary P bl CC Y P 6G-34©80 Permanent 704-18 Moratoriums CC Y P GC -34090 Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 17 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 704-19 Miscellaneous Petitions/Protests (See 702- 12 for election petitions) CC N C + 2 GC 34090, 50115 2044-2015 and prior 704-22 FPPC Fomi 800 Series CC Y C + 7 GC 34090. GC 81009 Must Retain in Paper Form for 2 Years 2010 and prior 705 ASSESSMENT/SPECIAL DISTRICTS 705-01 Assessment/Special Districts Y P GC 34090 Permanent 705 02 AD 1,59 Y P GG -34090 Permanent 705-03 AD 161 Y P GC 34090 Permanent 705-05 Temecula Community Services District CSC Ir. Y P GC 34090 Permanent 705-07 Redevelopment -Agency Y P GC 34090 Permanent 705-09 CSA -143 R GC 34090 Permanent 70511 AD -1-55 Y P GC 34090 Permanent 705-12 Industrial Development Authority (IDA) Y P GC 34090 Permanent 800 ENGINEERING, CONSTRUCTION, BUILDING AND CAPITAL PROJECTS 801 GENERAL ENGINEERING 801-00 Reference Papers RW r P GC 34090 Permanent 801-01 Improvement -Plans ---Water PW Y P GG 4090 Permanent 801.02 Inrpreuement-Plans-Sewer Pl'J r' P GC 34090 Permanent 801-03 Improvement Plans - Storni Drain PW Y P GC 34090 Permanent 801-04 Improvement Plans - Street (All Weather Access) PW Y P GC 34090 Permanent 801-05 Grading Plans PW Y P GC 34090 Permanent 802 ENGINEERING AND CONSTRUCTION PERMITS 8002-01- ExeavaticnPern-its PW r P :_,G:t40441.) Permanent 802-02 Grading Permits PW Y P GC 34090 Permanent 802-05 Encroachment Permits PW Y P Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UO UNTIL DISPOSED 18 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MA1URITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 19 GC 34090 802-07 Right of Entry CE, PW Y P GC 34090 Permanent 802-08 Flood Plain Development Permits PW Y P GC 34090 Permanent 803 MAP FILES 803-01 Final Tract Maps PW Y P GC 34090 Permanent 803-02 Final Parcel Maps PW Y P GC 34090 Permanent 805 BUILDING PLANS, PERMITS AND SPECIFICATIONS 805-00 Reference Papers BS Y P GC 34090 Permanent 805-01 Sewer Specifications BS Y P GC 34090 Permanent 805-03 Landscape Specifications PLG PW Y P GC 34090 Permanent 805-04 Regional Standard Drawings and Specifications for Public Works PW Y P GC 34090 Permanent 805-06 Building Codes BS Y P GC 34090 Permanent 805-07 Building Permits BS Y P GC 34090 For life of structure Permanent 805-08 Building Plans BS Y P GC 34090 H & S 19850 For life of structure Permanent 808 CAPITAL PROJECTS 806-01 5 -Year Plan Y P GC 34090 Permanent 806-02 10 -Year Plan Y P GC 34090 Permanent 806-03 Project Planning Reference Papers Y P GC 34090 Permanent 806-04 Projects in Progress CM Y P GC 34090 Permanent 806-05 Completed Projects PW Y P GC 34090 Permanent 807 INSPECTION FILES 807-01 Inspectors Daily Reports CSD, BS, PW Y P GC 34090 Permanent 807-02 Billboard and Sign Files BS Y P GC 34090 Permanent 807-03 Deputy Inspectors/City Fee Required BS Y P Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MA1URITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 19 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 20 GC 34090 807-04 Confidential Investigations N P GC 34090 Permanent 900 LABOR RELATIONS FILES 901-00 Labor Relations HR Y P GC 34090 Permanent 901-01 Meet and Confer HR Y P GC 34090 Permanent 901-02 Memorandum of Understanding HR Y P GC 34090 Permanent 901-05 Employee- Bargaining Unit Organization HR Y P GC 34090 Permanent Files 1000 RIGHT-OF-WAY, BOUNDARY AND PROPERTY FILES 1001 RIGHT-OF-WAY FILES 1001-01 Easements Granted BY City CC Y P GC 34090 Permanent 1001-02 Easements Granted BY County CC Y P GC 34090 Permanent 1001-03 Irrevocable Offers of Dedication (I.O.D.) CC Y P GC 34090 Permanent 1001-04 Encroachment Files Y P GC 34090 Permanent 1001-05 Quitclaims CC Y P GC 34090 Permanent 1001-06 Easement Grant TO City CC Y P GC 34090 Permanent 1002 PROPERTY FILES 1002-01 Property Acquisition Files CC Y P GC 34090 Permanent 1002-02 Property Lease Files CC Y P GC 34090 Permanent 1002-03 Property Sale Files CC Y P GC 34090 Permanent 1002-04 Addfe&sChange Y P GC X4{180 Rsrmanent 1002-05 Geographical Site Names/Signs Y P GC 34090 Permanent 1002-06 Vacations Y P GC 34090 Permanent 1002-07 Annexations CC, CM, PLG Y P GC 34090 Permanent 1002-08 Property Management Y P GC 34090 Perm anent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 20 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 1-002-044 Arshaeologisat-Sites Y R X34090 Permanent 1002-10 Eminent Domain Acquisition Y P GC 34090 Permanent 1002-11 Appraisals Y P GC 34090 Permanent 1003 BOUNDARY FILES 1003-01 Boundary Description PLG Y P GC 34090 Permanent 1003-02 Sphere of Influence PLG Y P GC 34090 Permanent 1100 PUBLIC SERVICES AND PUBLIC RELATIONS 1110 STREET MAINTENANCE AND IMPROVEMENT FILES 1110-01 Street Improvement PW Y P GC 34090 Permanent 1110-02 Off -Site Plans (Ramps, Sidewalks, Curbs, etc.) PW Y P GC 34090 Permanent 1110-03 Bridges PW Y P GC 34090 Permanent 1110-04 Street Planning PW Y P GC 34090 Permanent 1110-05 Street Maintenance and Repairs PW N 30' GC 34090 Permanent 1110-06 Striping (Crosswalks, Bike Lanes, etc.) PW Y P GC 34090 Permanent 1110-07 Street Names and Signs PW Y P GC 34090 Permanent 1110-08 Street Furniture (Bus Benches, etc.) PW Y P GC 34090 Permanent 1110-09 State Highways & Freeways PW Y P GC 34090 Permanent 1110-10 Street Inventory PW Y P GC 34090 Permanent 1110-11 Medians PW Y P GC 34090 Permanent 1110-12 Slopes PW Y P GC 34090 Permanent 1110-13 Street Numbering Y P GC 34090 Permanent 1110-14 Detour Plans PW Y P GC 34090 Permanent 1120 STREET LIGHTING FILES LEGENDS: &A AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 21 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No, 18-_, January 9, 2018 CC Meeting 1120-01 Street Lighting Assessment Files PW Y P GC 34090 Permanent 1120-02 Street Lighting Maintenance Files PW NN C + 2 GC 34090 Originals are sent to SCE 2044-2015 and prior 1120-03 Street Lighting Information & Reference Papers PW Y P GC 34090 Permanent 1130 SPECIAL SERVICES FILES 1130-01 Volunteer Program Applications (Community CSD N C + 2 GC 34090 20442015 and prior Service etc.1 1130-02 Work Exchange Programs (Court Referral) N C + 2 GC 34090 2014 2015 and prior 1130-03 Contribution Programs N C + 2 GC 34090 24142015 and prior 1130-04 Special Events Permits CSD N C + 2 GC 34090 20442015 and prior 1140 RESEARCH, STUDIES & SPECIAL PROJECTS 4440-01 €conemic Deve opment Y P GC 34080 Permanent 4440-02 Y P GC -34090 Permanent 1141 SPECIAL STUDIES FILES 1141-01 Flood Control Studies PW Y P GC 34090 Permanent 1141-02 Demographic & Statistical Studies Y P GC 34090 Permanent 1141-03 Wastewater Reclamation Studies Y P GC 34090 Permanent 1141-04 Water Studies Y P GC 34090 Permanent 1-141-05 Personnel Studies Y P GC 34090 Permanent 1141-06 Capital Improvement Studies Y P GC 34090 Permanent 1141-07 Finance Studies Y P GC 34090 Permanent 1141-08 Parking Studies Y P GC 34090 Permanent 1141-09 Research and Studies: General Y P GC 34090 Permanent 1141-10 Special Projects -Studies Y P GC 34090 Permanent 1150 ANIMAL CONTROL FILES LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 22 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-, January 9, 2018 CC Meeting 1150-01 Animal Control Correspondence CE, CM N C + 2 GC 34090 20142015 and prior 1450-02 A+ mat-1rkesulations/Licensing N G-4-2 GC -34080 2014 and ono( 1150-03 Animal ContrefLagal Citatiea-Bearings CE , CM N C #-2 GG -34090 2044 and poor 1150-04 W iid clotio Animals N 6+2 GC -34090 2014 and prior 1150-05 Animal -Control -Facilities Y P GC 34090 Permanent 1160 TRAFFIC CONTROL AND PARKING 1160-01 Traffic Control Files PW Y P GC 34090 Permanent 1160-02 Traffic Studies and Surveys PW Y PC + 2 Permanent2015 and GC 34090 prior 1160-04 Traffic Requests - Public Inquiry PW Y P GC 34090 Permanent 1160-06 Traffic Consultants PW Y C + 5 GC 34090 2012 and prior 1161 TRAFFIC MAPS 1161-01 Topographical Traffic Maps Y P GC 34090 Permanent 1161-02 Street Maps Y P GC 34090 Permanent 1161-03 Speed Survey Y P GC 34090 Permanent 1162 TRAFFIC SIGNAL FILES 1162-01 Traffic Signals PW Y L GC 34090 Life of signal Life 1162-02 Traffic Signal Maintenance PW Y L GC 34090 Life of signal Life 4162-03 Red -Light En PW N L GC 34090 Life of equipment Lilo 1163 PARKING FILES 1163-01 Parking Permits and Control N US GC 34090 Until Superseded 1163-02 Curb Zone Files (Red, Green, Striping, etc.) N US GC 34090 Until Superseded 1163-03 Off -Street Parking N US GC 34090 Until Superseded 1170 SANITATION, SEWERS & STORMDRAINS 1170-01 Sewer Services, General N US GC 34090 Until Superseded 1170-02 Deposits, Refunds and Rates N US Until Superseded LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE I,u1 MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 23 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 24 US UNTIL SUPERSEDED GC 34090 1170-03 Sewer System Maintenance N US GC 34090 Until Superseded 1170-04 Solid Waste Management N US GC 34090 Until Superseded 1170-05 Drainage Correspondence N US GC 34090 Until Superseded 1170-06 Septic System N US GC 34090 Until Superseded 1170-07 Refuse Collection/Haulers N US GC 34090 Until Superseded 1170-08 Sewage Treatment/Water Reclamation N US GC 34090 Until Superseded 1170-09 Storm Drains and Flood Control N US GC 34090 Until Superseded 1170-10 Sewer Facilities N US GC 34090 Until Superseded 1170-11 Sewer District Annexation N US GC 34090 Until Superseded 1170-12 Sewer Capacity N US GC 34090 Until Superseded 1170-13 Sewer Connections/Applications N US GC 34090 Until Superseded 1180 PUBLIC RELATIONS FILES 1180-01 Public Relations Reference Papers Y P GC 34090 Historical value Permanent 1180-02 News Clippings N PC + 2 Keep only selected clippings for historical value Permanent2015 and GC 34090 prior 1180-03 Public Inquiry and Complaints (Except Consumer) ALL N 2 -ASC + 2 2015 2015 and prior GC 34090, 945.6 CCP338, 342 after settled 1180-04 Press Releases ALCM N C + 2 GC 34090 Selected releases for historical value 2011 2015 and prior 1180-05 Community Relations CM Y P GC 34090 Permanent 1180-06 Public Ceremony Files CM Y P GC 34090 Historical value Permanent 1480-07 Prefessienal-Organization-Files Y P GC -34040 Historical value Permanent 1180-08 Public Questionnaires CM, CSD Y PC + 2 Historical value Perrnanent2015 and GC 34090 prior 1180-09 Municipal Newsletter CM Y P GC 34090 Historical value Permanent 1180-10 Donations TO the City CM, CSD Y P Historical value Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 24 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 25 US UNTIL SUPERSEDED GC 34090 1180-11 Organizations and Clubs, General CM, CSD Y PC + 2 Historical value Permanent2015 and GC 34090 prior 1180-12 Community Education CSD Y PCC + 22 GC 34090 Historical value Pelmanent2015 and rior 1180-13 Special Events CM. CSD Y PC + 2 Historical value Perraanent2015 and GC 34090 prior 1180-14 City Promotional Campaign CSD Y PC + 2 Historical value Permanent2015 and GC 34090 prior 1180-15 Donations FROM the City CM Y P GC 34090 Historical value Permanent 1180-16 Sister City Program CM, CSD Y P GC 34090 Historical value Permanent 1180-17 Flags and Emblems CM Y P GC 34090 Historical value Permanent 1180-18 City Publications & Brochures CSUAL1. Y PUS + 2 Historical value Perleanen4Until GC 34090 Superceded + 2 1180-19 Photographs CSD N P GC 34090 Historical value Permanent 1180-20 Speeches CM N P GC 34090 Historical value Permanent 1200 PUBLIC UTILITIES, COMMUNICATIONS, AND TRANSPORTION FILES 1201 GENERAL UTILITIES FILES 1201-01 Public Utilities Commission Y P GC 34090 Permanent 1201-02 Underground Utilities Y P GC 34090 Permanent 1202 GAS AND ELECTRIC FILES 1202-01 Franchise Files Y P GC 34090 Permanent 1202-02 Rules, Regulations. Rates & Correspondence N C + 2 GC 34090 204-4 2015 and prior 1202-03 Easements Granted TO Southern Califomia Edison Y P GC 34090 Permanent 1202-04 Facilities Y P GC -34090 Permanent 1204 WATER -SERVICE -FILES 1-204-04 Water Services. General N G#-2 GC 34090 20 -1 -4 -and -prior 1204 02 Water -Meters N G *--2 2414 -arid -prior GC -34090 1204-03 Water -Service Applcation N C *2 GG -34090 2044 -and -prior LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 25 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 120't-04 Water -Service ary N C-+-2 GC 34089 - 2014 -and prior 1204 05 Depesit6._Retunds.aad-dates N C--1--2 GC4090 2014 -and -prior 4-204-06 Water -System -Maintenance N C+2 GC -34080 2044-andprior 4-204-07 W. _ -e--: - - -e• - • N G'-2 GC 34090 2044 -and 1-204-08 Water -Mains N P GC -34090 btisiorisat-atue Permanent 1204-09 Reserioir -and-Darns N P GC -34090 Historical -value Permanent 1205 TELEPHONE FILES 1205-01 General Telephone IT N C + 2 GC 34090 20154 and prior 1205-02 Cellular Telephone IT N C + 2 GC 34090 20154 and prior 1205-03 Pacific -Bell IT N C-4-2 GC 34090 2014 and prior 1205-04 Communication Facilities IT N C + 2 GC 34090 20154 and prior 1206 CABLE TELEVISION FILES 1206-01 Cable TV Reference Papers IT N C + 2 GC 34090 20154 and prior 1206-02 Cable TV Franchise IT Y P GC 34090 Permanent 1207 TRANSPORTATION FILES 1207-01 Transit Service ReferensePapers/Reports CSO Y P GC 34090 Permanent 4207-02 Dial -A -Ride X P GC 34090 Permanent 4207-03 County -Transportation -System v P GC -34090 Pemaanent 1207-04 Cal Trans Ride Sharing Y PC + 2 Permanent 2015 and GC 34090! 1207-05 Regional Issues Y PC + 2 Permanent 2015 and GC 34090 prior 1207-06 Airports{,4irport-Issues CM Y P GC 34090 Permanent 1207-07 City -Bus -Routes N C-+--2 GC -34090 2014 -and -prior 1207-08 Taxi-SepHce N G--1.-2 60-34090 2844and1prier 1207 00 terse -Drawn -Vehicles N G-+-2 2044 -and -prior LEGENDS: M AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURIIY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 26 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D1NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M_ MAIM! IY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 27 _US UNTIL SUPERSEDED GC 34090 1300 PUBLIC SAFETY FILES 1301 PUBLIC SAFETY 1301-01 Law Enforcement CM Y C + 2P Permanent2015 and GC 34090 prior 1301-02 Public Safety, General CE, CM N C + 2 GC 34090 20154 and prior 1.301-03 Crime -Reports N C-+ 3 GC34080 2013-and-pnor 3301-04 Sheriffs -Department Qua#er4y-Reports Y P GC -34090 Permanent 1-304-05 Alarm -Systems N C 4-2 GC 34090 2011 and --prior 1301-06 Vehicle Code Enforcement CE N C + 2 GC 34090 2011 2015 and prior 1301-07 Crossing Guard File N C + 2 GC 34090 20142015 and prior 1301-08 Abandoned Vehicles & Houses CE N C + 2 GC 34090 2014-2015 and prior 1301-09 doveni4e An ams N C +-2 GC34090 2014 and prior 4301-40 Assident-Repo4s CSD, HR Y P GG -34090 Permanent 1301 31 N C +2 GC -24090 2011 -and -prior 1301-12 Fire Arm-License/Perrni4s N P GG 34090 Permanent 1301-13 Border Patrol CC, CM N C + 2 GC 34090 2011 2015 and prior 1302 FIRE DEPARTMENT 1302 02 Emergency -Medical Service GC Y P GC -34090 Permanent 4302-04 Fire Department Correspondence GC Y C-+-2 GC 34090 201 -4 -and -prier 1302-06 Fire Department Facilities CC Y P GC 34090 Permanent 1302-08 Fire Permit Files FP Y P GC 34090 Permanent 1400 PARKS, RECREATION, ENVIRONMENTAL AND EDUCATION FILES 1401 PARKS AND FACILITIES 1401-00 Community Service Rules & Regulations (Council Adopted) CSD Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D1NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M_ MAIM! IY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 27 _US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 1401-01 Parks -City Facilities Reports, Studies & CSD Y P GC 34090 Permanent Regulations 1101 02 Parks -Sues PW Y P GC 34090 Histsrisat value Permanent 140103 Park -Donations GSD Y P GC 34090 Hislerisat--value Permanent 1101 04 Recreation Centers 4 -Sites GSD Y P GC 34090 Historirat-valde Permanent 1491-05 ResreationCenle &-Reports-&Studies CSD Y P GG 34090 Permanent 1401-06 City -Hatt Reports andSiUdies PW Y P GC -34090 Permanent 140107 City-ttattConstrastien/Caprtat vements PW Y P GC -34390 Permanent 1101 08 City -Hall -Fasikties PW Y P GC -34090 Permanent 1404-99 Senior Center GSD Y P GC34090 Permanent 1401-10 Recreation Forms (L+abilily Waivers, Activity Registratlons,Park/Facility Rentals, Sign -In Sheets, Rosters, Parental Consent, Registration -Receipt. Vendor Appticalion,etc. ) CSD N C + 2 GC 34090 2414 2015 and prior 1402 CULTURAL RECREATION FILES 1482-04 Performing Arts CSD Y P GC -34090 Permanent 1402-02 Library CSD Y P GC 34090 Permanent 1402-03 Museums CSD Y P GC 34090 Permanent 1462-04 ToHsi+sm&-Visiters-Center Y P GC 34090 Permanent 1102 05 Cultural-Repertsand-Studies CSD Y P GC -34080 Permanent 1403 ENVIRONMENTAL FILES 1403-01 Community Design Manual Y P GC 34090 Permanent 1403-02 Proposed Landscaping Guidelines Y P GC 34090 Permanent 1403-03 Air Pollution/Air Element Y P GC 34090 Permanent 1403-04 Archaeological Surveys Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATLIRIIv P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 28 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-, January 9, 2018 CC Meeting 1403-05 Hazardous-Wasteaad Materials t C-.-10 GAL --est A 40 CFR 122.21 2006and-prier 1403-06 Weed Abatement CE N CL + 2 GC 34090 2044-2015 and prior .I closed 1403-07 Resource Conservation Areas Y P GC 34090 Permanent 1403-08 Energy Conservation Y P GC 34090 Permanent 1403-09 City -Wide Clean-up Campaigns Y P GC 34090 Permanent 1403-10 Noise Pollution Y P GC 34090 Permanent 1403-11 Tree Trimming and Removal Y P GC 34090 Permanent 1403-12 Recycling Y P GC 34090 Permanent 1403-13 Safe Drinking Water Act Y P GC 34090 Permanent 1403-14 Congestion Management Y P GC 34090 Permanent 1403-15 Stephen's Kangaroo Rat Mitigation Y P GC 34090 Permanent 1403-16 Multi -Species Habitat Conservation Plan Y P GC 34090 Permanent 1403-17 CEQA Y P GC 34090 Permanent 1403-18 Landfills Y P GC 34090 Permanent 1403-19 Erosion Control Plans Y P GC 34090 Permanent 1403-20 Earthquake Standards/Hazardous Buildings Y P GC 34090 Permanent 1403-21 Mining Projects Y P GC 34090 Permanent 1403-22 Federal Endangered Species Act (FESA) Y P GC 34090 Permanent 1403-23 Santa Ana Watershed Project Authority Y P GC 34090 Permanent 1403-24 Environmental Pests Y P GC 34090 Permanent 1404 PHYSICAL RECREATION FILES 4404-01 CSC N G-+-2 GG -34090 2$4-4and-p LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MAI QM -FY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 29 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 4-404-02 Equipment -dental GSD N C,_4-2 GC 34090 2014 and -prior 1404-03 Recreafion programs GSD N C + 2 1 201 -4 -and prior GC 34090 1404-04 Galt -Courses ¥ R GC -34090 Permanent 1404-05 Traits; k{ik+ng-$iking Equestrian CSD Y P GC -34090 Permanent 4404-06 Parades CSD N G-.-2 GC 34090 Also see-gpeoial-Event&-1-180-13 2014 -and -prior 4494-07 Skateboarding/Rellerblading CSD N G-4-2 GC 34090 2044 -and -nor 1405 EDUCATION FILES 1405-01 Temecula Valley Unified School District N C + 2 GC 34090 2044-2015 and prior 1405-02 Universities, College & Higher Education N C + 2 GC 34090 2014-2015 and prior 1405-03 Charter_Private & Christian Schools N C + 2 GC 34090 2014.2015 and prior 1405-04 High Schools N C + 2 GC 34090 2014 2015 and prior 1405-05 Murrieta lni#ied-Sohoot District N C-' 2 GF 34090 2014 -and -prier 1500 GOVERNMENT ORGANIZATIONS AND OFFICES: INTERNATIONAL, NATIONAL AND LOCAL 1500-01 international. National and Local N C + 2 2015 and prior Government Organizations 8 Offices 4500-02 - . • . - {ICMA} N G4-2 GC -34090 2044 -and -prier 1-500-03 InternationalA/6-SisterCities Organizalien CM, CSI) N C 2 GC 34090 2-044-andprier 1500-04 Technical Advisory Committee - March Air F-0Tce N C -k-2 GC 34090 2014 -and -prier 1501 UNITED STATES OFFICES AND ORGANIZATIONS 1501-01 United States Offices & Or•anizati•n N C + 2 2015 and •nor 4501-00 Intergovernmental-Agency4Organization Reference Papers N C-.3 GC -34090 2044 -and -prier 4504-01 U-S-Depa cent ef-Transportation N C-42 GC -34090 2414and frier 1501-02 U.S.-DeparNnent-o-Commerce-Bureau of Census N C-+-2 GC -34090 2044 -and -Oar 1501-03 U.S: Rest -Of ise N G-'-2 2044and-prier LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 30 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MA WHIP( P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 31 US UNTIL SUPERSEDED GC -34080 1-501-04 National N G -e-2 GG -34080 2014 -and -prier 1501-05 lnternal-Revenue Se vise N G_iii-2 GG 34090 2044 -and -prior 150-1-06 Department of lolerier N G--+--2 CaC-34090 2014 and prior 1541-0-7 - •• •• • • . « - -.ion N G.* 2 GC -340€x} 2014and-prior 1501-08 FederalBudgetN ' G-'+-2 GC 34090 2014ane-prier 4504-08 Equal -Employment- - ) N G-+-2 GG -34090 2044 -and peer 1541-10 Federal E N G -*-2 CC 34090 2044 and -prior (FEMA) 4504-1--1 €nvironnientaI-P estien-Agency N C--+-2 GG34090 20 -14 -and -peer 4504-12 Al} -Ara irican Cities N C-+2 GC 34000 2044--and-prior 150113 NAFTA N G-+2 GC -34090 2014and-prior 1501-44 GFOA (Government -Finance -Officers Association) N C -*-2 GC -34090 2014 an I -p or 1502 CALIFORNIA OFFICES AND ORGANIZATIONS 1502-01 California Offices & Organizations N C + 2 2015 and prior 4502-01 Department -o1 Re I Esta to N G--2 GC -34090 2044and-prior 4502-02 Air Resources Board N C + 2 2014 and -prior GG -34000 4502-03 Alcoholic Beverage Control N G-+ 2 GC -34090 20 -14 -and -prior 1-502-04 Board -of Equalization N G'-2 GG -34090 2044 -and -prior 1-502-05 Fair -Rot N G-4-2 GC -34080 2014 and -prior 4502-06 Highway-Ratrol N C + 2 GC 34080 2814 and prior 4-502-07 Robbs-€rnptoyees-Retirement N C 2 GC -24090 2014 and -prier 4502-08 DepartmentofForestfy N C + 2 GG -34080 20 -14 -and offer 1502-09 Department of Industrial N C + 2 6C-34490 2014 and prior LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MA WHIP( P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 31 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 1502-40 N E+-2 GC -34080 2011 and prior 1502 11 Fish and -Game N C-+ 2 2044 -and -prior GC -34098 1502 12 General -Services N C-+-2 204 -4 -and -prior 1502 13 GC -34090 Controller N C-+-2 2014 -and -prior GC 4090 1502-14 -Vehicles CE N C-4-2 2 4 -and-prior GC -34090 1502-15 vation Corps. N C-4-2 204 -4 -and -prior GC -34090 1502 16 Offs eof-P-Ianning & Research - Newsletter N C-.+.3 201-4 and prier GC54090 1502 17 Department -of Transportation N 04-2 2414 and -prior GC -34090 4502-1-8 Tr N 6-4-2 2011 and-rier GC34090 1502-49 Cali CSD N G-'-2 204 -4 -and -prior GC -34098 1502-20 4lnsoranee N C-+ 2 2914 -and -prior GC -34090 4 502 21 Dont-Advisory-Commission4A8 A8 11-92) N C- -2 2014 -and -prior GC -34000 1502 22 California -Energy Gemm4664e11 N C-+2 204 -4 -and -prior GC -34090 1502 23 Office of N C+-2 2014 and -prior GC -34090 1502-24 Sesretary_Gt_State N C#-2 2014 andprior GC -34090 1502-25 ' ` : = ! • • N C-4-2 -2 2014-andprier - - - - - a C .. Committee GC 31090 1502-26 State -Deportment -of Health N C+ 2 2944 -and -prier GC -34090 1502 27 State -Water -Resources Commission -& N C-4. 2 2014-arid-p+'+or Control -goof -4 GC -34090 4602-28 Municipal-Business-Tax-,4ssaciatien N C+3 2044 -and -prior GC --34090 1502-29 - ... - - • - - - .. - • ! - .. s - • N C4-2 201 -4 -and prior GC 34090 1-502-30 Justice -Planning N C+-2 204 -4 -and -prier GC -34090 1502 31 Ern N C-4-2 2014 -and -fano; GG -34090 LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MA(URIIY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 32 US UNTIL SUPERSEDED Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 4502 32 Weler-{kuality-CaRkotBoard N G-4-2 GC 34090 2044aadprier 1502 33 Geology-& MiningBoard N G-}-2 GC 34090 2044 arid -prior 1-502-34 1502 35 Department -of -€roan e N C + 2 GG -34090 2944 -and -pries Bureau of s N C-4-2 GC -34090 2014 and prier 1502-36 Witcliife rd N C- -2 GC -34090 2014 and -prior 1502-37 Galifernia-Departrrreni-o1- omrnerse N G'-2 GC 34090 2914 and -prior 1502-38 3CMA-{City-CountyCornmunesatioR&& Madieting) N C + 2 GG -34090 2014 -and -prier 1-502-39 California -Association for Local-€fsnomic Devetopnlent {CAL€D) N C-+-2 GG -34090 2014and-paor 1502 40 Galifernia-Redevelopment-Association (CRA) N 6-+--2 GC -34090 2914 -and -prior 1502-41 Gali e •. a • - . - - .. .tion N G-* 2 GC -34090 2014 and Der 1302-42 CSMFO (California -Society -of Municipal €manse-Gf%ese) N C + 2 GC -34090 2014 and -prier 1-502-43 GMBTA--(California-Municipal Business Tax Assesiation) N G-4-2 GG -34990 2014 and prior 4502-44 GARRO {California Association -Of Riestaasing Rrefessienals-Asse) N C + 2 GG -34090 2014 and- prior 1302-45 Stale Transportation improvement-lzregramr (,STJR) C + 2 GG -34090 2014 and -prier 1502 46 N C-4-2 GC 24090 2014 -and -prier 1503 REGIONAL ORGANIZATIONS 1503-01 Regional Organizations N C + 2 2015 and prior 1503-00 LAFCO --Local-Agency-Ferf atien Gem -mission N C + 2 GG -34090 2014and-prier 1503.01 irlerge s N C-4-2 GG -34090 20-14and-prier - - - - : ... . 1-503-02 'Mater-Agencies-Accociations N C-+-2 GC -34090 2014 and -price 1303-03 Mayers--&Councilmesabers-of Riverside County N G-'-2 66-34080 2011 andpr+or 3503-04 AFid#S•(Area Regienal-Justice information System) N C--+-2 GC -34090 2014 and -prior LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D!NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 33 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 1503 05 Souttiem-CaliferniaJoint-Pewerc 4+1suranse Authority N G -*-2 GC -34090 20 -14 -and -prior 1503-06 L Cities -and National N G-* 2 2G 4 -arid prior League of -Cities GC -34090 1503-07 Metropolitan Vater District -of Southern N C- 2814 and prior California GC 34080 1503-08 WRCOG-(Western-Riverside-Go incil of N C+ 2 20 -14 -and -prior GoverrmenE&) GG -34090 1503-08 t l+on-Group N C * 2 2844 -and prior GC -34080 450340 SWRGoCC-(Southwest Riverside County N C --*-2 2044 -and prior Cars -Coalition} GC -34090 1503 11 SCAG 4Southerrt lien of N C-'-2 2014 and prior Governments) GC34090 1503-12 Airport -Land Use -Commission N C- * 2 2014 and prior GC -34090 1503-13 a -Reasonable N G -*-2 2014and-pnor €nwrenrnent) GC -34090 1-50344 CVAG (Coashe4ta ValleyAssociatien-of N C+-2 2014 and pnor Governments) GC -34080 150345 SANDAL (San Diego Association of N C *-2 2014 and prior Governments) G034090 1504 RIVERSIDE COUNTY FILES 1504-01 Riverside County Offices N____Iii + 2 2015 and prior 1504 81 rTsi ince Genera) N 2 90 2044 -and -prior 1.504-02 Assessor N C -*2 2014 andprior GC -34090 4504-03 Auditor and Controller N C+-2 2044 -and -prier GC 34090 1504-04 Boardof-SupervisorsN G* -2 2044andprior GC34090 1504-05 Office Disaster -Preparedness N C-* 2 2414 and prier GC -34090 1504-06 Conservatier}District N G -*-2 20-14 and -prior GC34090 1501 07 Housing -and Community Development N C-* 2 2414 -and -prior Department GC 34090 1504-08 Public -Worsts Department N G}-2 2014andpsier GC34090 1504-08 Registrar -et -Voters N G._4-2 2 -044 -and -prior GC -34090 1-504-40 Sheriff N C -*-2 2044and-prier GC-34090 LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION DINR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY US UNTIL SUPERSEDED P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 34 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 18-_, January 9, 2018 CC Meeting 4-504-14 Tra€£s-Adviser-CoRuaission N C 2 2011 andprior GC -34080 1404-12 N C-•-2 2014-ans1-prier GC -34080 4504-13 N C 4.-2 2014 -and Pier GC -34080 1504-14 Department -of -Transportation N C+ 2 2-04-4 and prior GC -34090 4504-15 Department of -Animal- Conirot N C + 2 204 -4 -and -OW GG 34090 4504-16 E ent Program N C +-2 2014andpriof GC -34090 1504-17 Planning & Land Use N C-4.-2 204 -4 -and prior GC -34090 1304-18 General Services N C# 2 2044 and prior GC -34000 1304-19 County-Recorder-&-Gterlc N C-4-2 2044andpnor GG -34090 1-504-20 SesialSewices N C + 2 2044 -and prior GC -24090 4504-24 Library -System N C-4--2 2044-andprier GC -34000 4404-2-2 Parks -and Recreation N C-4 2 21)44and-prier GC 34080 1504-23 Waste Management N C-4-2 2044 -and -Ow GC -34080 1504-24 Centennial N G+-2 2044 -and -prior GC -34000 1304-25 R N C -' 2 2044 -and poor GC -34000 4504-26 N C + 2 2014 and prior GC -34000 4604-27 Riverside County Abandoned Veti+sle CE N C+2 2044-andpr Or Sonwise-Authority{AVA) GC -34090 LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M M TURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 35 US UNTIL SUPERSEDED Exhibit B CITY OF TEMECULA 2018 Annual Records Destruction RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE DESTRUCTION DATES OF RECORDS (Updated each January) 101 CORRESPONDENCE CONTROL FILES 101-01 Chronological and General Correspondence Files ALL C + 2 GC 34090 General correspondence 2015 and prior 101-06 Calendars, Appointment Books, Scheduling and Call Logs ALL C + 2 GC 34090 General correspondence, logs, books 2015 and prior 201-01 Emergency Planning Files HR, IT US + 2 GC34090 Notices, lists, logs. reference papers. general correspondence and supporting documents Until Superseded * 2 201-08 Emergency Management Training HR US + 2 GC 6254 Notices, lists, logs, reference papers. general correspondence and supporting documents Until Superseded + 2 203-07 Minor Temporary Use Permit CSD, PLG C + 2 GC 34090d Application, permit and supporting documents 2015 and prior 203-16 Temporary Signs PLG C + 2 GC 34090d Application, permit and supporting documents 2015 and prior 203-32 Appeals PLG C +2 GC 34090 Appeal and supporting documents 2015 and prior 204-07 Meeting Audio Recordings (Boards & Commissions, Directors Hearing, etc) IT C + 2 GC 34090 Meeting audio 2015 and prior 205-01 Budget Working Paper Files FIN C + 2 GC 34090 Drafts, general correspondence and working papers 2015 and prior 205-02 Proposed Budget FIN C + 2 GC 34090 Proposed budget, drafts. general correspondence and working papers 2015 and prior 205-04 Budget Adjustments FIN 4AA GC 34090 Logs. working papers. joumals FY 12/13 and prior 205-13 State Budget Information FIN C + 2 GC 34090 General correspondence, reference papers 2015 and prior 209-01 Community Services Funding Program CM T + 4 GC 34090 Applications and supporting documents 2013 and prior i1 terminated 209-02 CDBG Public Service Admin Files PLG 3 Office + 5GC 34090; 7 CFR 3016.42 Reference papers and working papers 2010 and prior 209-04 CDBG Funding Applications PLG 2 + 3 Applications and supporting documents 2 office + 3 305-02 Claims (Liability Claims, Workers Comp Claims. etc.) HR 3 AS GC 34090 Claims. general correspondence. supporting documents 2015 and prior years after settled 305-03 Accident Reports — City Assets HR CL + 3 Reports and supporting documents 2014 and prior closed 305-04 Risk Management Reports — Loss Analysis, Safety, etc.) HR CL + 7 Reports and supporting documents 2010 and prior closed 305-05 Self -Insured Documentation HR AS + 3 Proof of Insurance. general correspondence and reference papers 2014 and prior after settled LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AO AFTER DISPOSITION DMR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED US UNTIL SUPERSEDED Exhibit B CITY OF TEMECULA 2018 Annual Records Destruction 305-06 Incident Reports (Non-employee) HR CL + 3 Reports, general correspondence and supporting documents 2014 and prior closed 401-03 General Ledger File/AJE/BJE FIN 4AA GC 34090 CCP337 Accounting and revenue journals and supporting documents FY12/13 and prior 401-06 Accounts Payable FIN 4AA GC 34090 Check copies, invoices, lists, reports, supporting documents FY12/13 and prior 401-07 Accounts Receivable FIN 4AA GC 34090 Receivables. invoices, lists, reports. supporting documents FY12/13 and pnor 401-10 Demands & Warrants (checks) FIN 4AA GC 34090 Checks, lists, reports and supporting documents FY12/13 and prior 401-11 Encumbrance Files FIN 4AA GC 34090 Electronic files FY12/13 and pnor 401-13 List of Demands FIN 4AA GC 34090 Reports and supporting documents FY12/13 and prior 401-14 Petty Cash Files FIN 4AA GC 34090 Receipts, lists, logs and supporting documents FY12/13 and prior 401-16 Sales Tax FIN 4AA GC 34090 Remittances. wire information. statements FY12/13 and prior 401-18 Master Chart of Accounts FIN 4AA GC 34090 Lists, logs FY12/13 and prior 401-19 Quarterly Financial Statements FIN 4AA GC 34090 & CCP 337 CAFR Report statements FY12/13 and prior 401-20 State Revenues FIN 4AA GC 34090 Statements. lists and supporting documents FY12/13 and prior 401-21 1 Fiscal Analysis FIN 4AA GC 34090 Lists, logs FY12/13 and prior 401-25 Vouchers and Voucher Register (Cash Disbursement Joumal) FIN 4AA GC 34090 NP checks. invoices and supporting documents FY12/13 and prior 401-35 Internal Service Funds FIN 4AA GC 34090 Quarterly journal reports FY12/13 and prior 402-02 Daily Cash Receipts FIN 4AA GC 34090 Receipts, reports and supporting documents FY12/13 and prior 402-05 Permits and Permit Fees FIN 4AA GC 34090 Permits. supporting documents FY12/13 and prior 402-06 Business Licenses FIN 4AC/10AC GC 34090 Renewals & Address Changes 4 AC Applications 10 AC 2013 and pnor After Closed/2007 and prior After Closed 403-01 Bank Deposit Files FIN 4AA GC 34090 Deposit slips and supporting documents FY12/13 and prior 403-02 Bank Statements FIN 4AA GC 34090 Statements FY12/13 and prior 403-03 Check Stubs. CancelledNoided Checks FIN 4AA GC 34090 Checks FY12/13 and prior 403-05 Banking Service Files FIN 3AT GC 34090 Agreements, contracts and supporting documents 2014 and prior After Termination LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION 0/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 2 US UNTIL SUPERSEDED Exhibit B CITY OF TEMECULA 2018 Annual Records Destruction 403-06 Bank Reconciliation FIN 4AA GC 34090 Statements. reconciliations, summaries, disbursements FY12/13 and prior 403-08 A/P Checks (Numerical Listing) FIN 4AA GC 34090 Check copies. invoices, lists, supporting documents FY12/13 and prior 404-01 IRS Forms (W2's. W -4's. EDD, 941, 1099, etc) FIN C + 4 GC 34090 CFR 1627.3 IRS Forms 2013 and prior 404-02 Payroll Deductions/Benefit Reports FIN C + 2 GC 34090 P29 CFR 1627.3 Reports and supporting documents 2015 and prior 404-03 Payroll System Reports FIN 4AA GC 34090 Pay period summary reports FY12/13 and prior 404-04 Time Sheets FIN 4AA GC 34090 Timesheets FY12/13 and pnor 404-06 Vacation & Sick Leave FIN 4AA GC 34090 Leave Requests FY12/13 and prior 404-09 Unemployment Compensation Files FIN 4AA GC 34090 Unemployment tax files FY12/13 and pnor 404-16 Workers Compensation FIN 4AA GC 34090 Employee workers compensation payroll files FY12/13 and prior 405-01 Bond Issue Maintenance Files CC M + 3 53921 & CCP 337.5 General correspondence M + 3 405-16 Bonds Other CC M + 3 53921 & CCPCC7.5 General correspondence M + 3 407-01 Individual Vested Interest Records FIN 4AA GC 34090 Statements and supporting documents FY12/13 and prior 408-05 Investment Information Files FIN 4 AA GC 34090 Statements and supporting documents FY12/13 and prior 408-06 Monthly Treasurer's Report FIN 4 M GC 34090 Reports. working papers and supporting documents FY 12/13 and poor 408-07 Administration FIN 4 AA GC 34090 Investment administration documents FY12/13 and prior 408-09 Brokers/Dealers FIN C + 2 GC 34090 Bond issuance 2015 and prior 408-10 State of California Local Agency Investment Fund (LAIF) FIN 4 AA GC 34090 Investment forms FY12/13 and prior 409-01 Administration FIN 4 M GC 34090 Revenue administration documents FY12/13 and prior 409-06 Franchise Fees FIN 4AA GC 34090 Statements and supporting documents FY12/13 and prior 409-10 Property Tax FIN 4AA GC 34090 Statements, reports and supporting documents FY12/13 and prior 409-12 Transient Occupancy Tax (TOT) FIN 4 AA GC 34090 Remittance Packets/Receipts FY12/13 and prior 409-16 _ Documentary Transfer Tax FIN 4 AA Revenue documentation FY12/13 and pnor LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UO UNTIL DISPOSED 3 US UNTIL SUPERSEDED Exhibit B CITY OF TEMECULA 2018 Annual Records Destruction LEGENDS. AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 4 US UNTIL SUPERSEDED GC 34090 409-23 Gas Tax FIN 4 AA GC 34090 Bank statements, remittance notices FY12/13 and prior 409-24 Vehicle Impound Fee FIN 4AA GC 34090 Revenue documentation FY12/13 and prior 409-28 County Revenues, Other FIN 4AA GC 34090 Revenue documentation FY12/13 and prior 409-29 State Revenues. Other FIN 4AA GC 34090 Revenue documentation FY12/13 and prior 409-31 Parking Legal Citations FIN 4AC GC 34090 Citations, general correspondence. lists and logs 2013 and pnor after closed 410-03 Meetings/Seminars/Conferences/ Showcases ED C + 2 GC 34090 Logs. general correspondence, reference papers 2015 and prior 504-07 Personnel Gnevances and Administrative Complaints HR AS + 5 GC 34090 PC832.5 Reports and supporting documents 2012 and prior if settled 504-08 Personnel Investigations HR AS + 30 Investigative records. logs. reports and supporting documents After Settled + 30 505-01 Recruitment File (including job application) HR AC + 3 GC 34090 Applications, resumes. lists. logs, examination materials. examination answer sheets, job bulletins 2014 and prior after closed 505-08 Recruitment Consultants HR AC + 3 GC 34090 Agreement, scope of work, work product, reports 2014 and prior after closed 507-03 Employee Career Development HR T + 2 GC 34090 T + 2 GC 34090 General correspondence, lists, logs. notices, reference papers manual, supporting documents General correspondence, lists. logs. notices. reference papers manual, supporting documents 2015 and prior after termination 2015 and prior after termination 507-04 Safety Training HR 507-05 Mandated Training HR T + 2 GC 34090 General correspondence, lists, logs. notices, reference papers manual, supporting documents 2015 and prior after termination 511-02 City Sponsored Employee Activities (Team PACE) HR C + 2 GC 34090 Reference papers, notes 2015 and prior 601-01 Purchase Orders FIN 4 AA GC 34090 Purchase orders and supporting documents FY12/13 and prior 601-03 Bid Files CC P Successful 4 Unsuccessful CCP 337 5 Successful bid filed with contract: Successful Permanent; Unsuccessful 2014 and prior 601-05 Department Requisition File FIN 4 AA GC 34090 Purchase order requisition files FY12/13 and prior 601-08 Vendors Lists FIN 4AA GC 34090 Lists. logs FY12/13 and prior 601-13 Credit Applications rIN 4 AA GC 34090 Applications and supporting documents FY12/13 and prior LEGENDS. AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION D/NR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 4 US UNTIL SUPERSEDED Exhibit B CITY OF TEMECULA 2018 Annual Records Destruction 601-15 RFQs/RFPs ALL 3 Successful 2 Unsuccessful GC 34090 Requests for quotes/proposals, supporting documents, lists, logs Successful 2015 and prior; Unsuccessful 2013 and prior 601-16 Consultant Information FIN C + 2 GC 34090 Reference papers 2015 and prior 602-02 Contracts and Agreements General Correspondence CC C + 2 GC 34090 General correspondence 2015 and prior 602-05 Vendor Certificates of Insurance CC US + 2 GC 34090 Vendor Certificates of Insurance are filed with the contract/agreement and retained until superseded + 2 Until Superseded + 2 603-02 Fuel Records File (Gasoline. Oil, etc.) FIN C + 2 GC 34090 City vehicle fuel records 2015 and prior 604-01 Salvage and Surplus Sales FIN C + 2 AD GC 34090 Lists, logs, reference papers, salvage/surplus items and equipment 2015 and prior after disposition 605 PUBLICATION AND PRINTING FILES 605-01 Proof of Publication CC C + 2 GC 34090, CCP 343, 349 GC 911.2 Proof of Publications for notices of public hearings, inviting bids, meeting notices, election notices. nominees for public office. proposed mitigated negative declaration. workshops. unclaimed funds, positions available, rates and charges, public review, intent to release funds. etc. 2015 and pnor 606-01 Equipment Instruction and Information ALL C + 2 AD GC 34090 Information booklets and manuals, instructions 2015 and prior after disposition 606-03 Equipment Service Records & Equipment Maintenance ALL C + 2 AD GC 34090 Service and maintenance records 2015 and prior after disposition 606-04 Work Orders and Service Requests PW C + 2 GC 34090 Works orders. service requests and related paperwork 2015 and prior 701-09 Board. Committee, Commission & Agency Reference Papers, Applications, Appointments & Resignations CC P Successful 3 Unsuccessful GC 34090 Applications, reports, fists, logs and supporting documents Permanent Successful/2014 and prior Unsuccessful 701-16 Meeting Notifications & Public Hearing Notices CC C + 2 GC 34090 Notices, reference papers 2015 and prior 701-17 Certificates, Presentations. Proclamations & Logs CC C + 2 GC 34090 Certificate copies. logs. proclamation copies. notes. reference papers 2015 and prior 702-00 Election Reference Papers CC E + 2 GC 34090 Reference papers 2015 and prior 702-01 Oaths of Office CC T + 6 GC 34090. 29 USC 1113 Oaths, reference papers, general correspondence Termination + 6 702-04 Election Ballots CC E + 6m GC 34090 EC 17302 Ballots and general correspondence Election + 6 Months LEGENDS AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION DMR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 5 US UNTIL SUPERSEDED Exhibit B CITY OF TEMECULA 2018 Annual Records Destruction 702-06 Nomination Files CC E + 8 EC 17100 Applications, general correspondence. invoices, petitions, candidates statement, supporting documents Election + 8 702-08 Campaign Statements FPPC Form 400 Series & 501 CC PIE + 5 GC81009 (b) GC81009 (c) FPPC Forms, lists and general correspondence Elected - Permanent Non -Elected 2012 and prior Misc. — 2010 and prior 702-11 Initiatives. Referendums and Recalls CC C + 2 GC 34090 General correspondence 2015 and prior 702-12 Initiatives, Referendum and Recall Petitions CC CL + 8 months EC 17200, 17400; GC 7253.5 EC14700 GC3756:8 General correspondence, petitions, statements by proponents, certificates. receipts, tally of votes. notice of intention. requests to prepare ballot title and summary, flyers CL + 8 months 702-13 AB 1234 Ethics Training CC 5Y After Training GC 53235.2 Certificates 2013 and prior 703-01 Request for Records CC CL + 2 GC 34090 PRA requests, general correspondence, supporting documents 2015 and prior after closed 703-08 Subpoenas CC C + 2 GC 34090 Subpoenas, general correspondence, supporting documents 2015 and prior 704-04 Affidavits Flies CC CL +5 GC 34090 Affidavits of deliveries, mailings and postings 2013 and prior 704-07 Statements of Economic Interest FPPC Form 700 CC C + 7 C + 4 GC 81009(e)(f)(g) GC 87200 FPPC forms, lists and general correspondence Employees & Non- Elected 2010 and prior. Elected 2013 and prior 704-10 Code Enforcement Citations/Liens CC 3 AS/P GC 34090 Citations, reports. general correspondence Citations 2014 after settled; liens permanent 704-12 City Attomey Correspondence (General) /Closed Session Materials ALL C * 2 GC 34090 General correspondence. reports, supporting documents 2015 and prior 704-13 Claims Against the City CC 3 AS GC 34090 Claim. general correspondence. supporting documents, logs 2014 and pnor after settled 704-19 Miscellaneous Petitions/Protests (See 702- 12 for election petitions) CC C + 2 GC 34090, 50115 Petitions, protests, general correspondence 2015 and prior 704-22 FPPC Form 800 Series CC C + 7 GC 34090, GC 81009 FPPC forms, supporting documents, lists and general correspondence 2010 and prior 1120-02 Street Lighting Maintenance Files PW C + 2 GC 34090 Logs. reference papers 2015 and prior 1130-01 Volunteer Program Applications (Community Service, etc.) CSD C + 2 GC 34090 Applications, general correspondence. reference papers 2015 and prior 1130-02 Work Exchange Programs (Court Referral) C + 2 GC 34090 General correspondence, reference papers 2015 and prior 1130-03 Contribution Programs C + 2 GC 34090 General correspondence. reference papers 2015 and prior LEGENDS. AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION DMR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 6 US UNTIL SUPERSEDED Exhibit B CITY OF TEMECULA 2018 Annual Records Destruction 1130-04 Special Events Permits CSD C + 2 GC 34090 Applications, permits, general correspondence, reference papers 2015 and prior 1150-01 Animal Control Correspondence CE C + 2 GC 34090 Reports. general correspondence 2015 and prior 1160-02 Traffic Studies and Surveys PW C + 2 GC 34090 Studies, surveys 2015 and prior 1160-06 Traffic Consultants PW C + 5 GC 34090 General correspondence, reference papers 2012 and prior 1180-02 News Clippings ALL C + 2 GC 34090 City news articles 2015 and prior 1180-03 Public Inquiry and Complaints (Except Consumer) ALL C + 2 GC 34090, 945 6 CCP338, 342 Complaints and inquiries 2015 and prior 1180-04 Press Releases CM C + 2 GC 34090 Press releases, logs, general correspondence 2015 and prior 1180-08 Public Questionnaires CM, CSD C + 2 GC 34090 Questionnaires 2015 and prior 1180-11 Organizations and Clubs, General CM. CSD C + 2 GC 34090 General correspondence 2015 and prior 1180-12 Community Education CSD C + 2 GC 34090 General correspondence 2015 and prior 1180-13 Special Events CM, CSD C + 2 GC 34090 General correspondence 2015 and prior 1180-14 City Promotional Campaign CSD C + 2 GC 34090 General correspondence 2015 and prior 1202-02 Rules, Regulations, Rates & Correspondence C + 2 GC 34090 General correspondence, reference papers 2015 and prior 1205-01 General Telephone IT C + 2 GC 34090 General correspondence, lists. logs. notices, reference papers. corresponding paperwork 2015 and prior 1205-02 Cellular Telephone IT C + 2 GC 34090 General correspondence, lists. logs. notices, reference papers. corresponding paperwork 2015 and prior 1205-04 Communication Facilities IT C + 2 GC 34090 General correspondence, lists. logs, notices, reference papers, corresponding paperwork 2015 and prior 1206-01 Cable TV Reference Papers IT C + 2 GC 34090 General correspondence. lists, logs, notices, reference papers. corresponding paperwork 2015 and prior 1207-04 Cal Trans Ride Sharing C + 2 GC 34090 General correspondence, lists. logs, notices, reference papers, corresponding paperwork 2015 and pnor 1207-05 Regional Issues CM C + 2 GC 34090 General correspondence, lists. logs. notices. reference papers. corresponding paperwork 2015 and prior LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AD AFTER DISPOSITION OMR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT S SEPERATION T TERM UD UNTIL DISPOSED 7 US UNTIL SUPERSEDED Exhibit B CITY OF TEMECULA 2018 Annual Records Destruction 1301-01 Law Enforcement CM C + 2 GC 34090 General correspondence, lists, togs, notices, reference papers, corresponding paperwork 2015 and prior 1301-02 Public Safety, General CE, CM C + 2 GC 34090 General correspondence, reference papers 2D15 and prior 1301-06 Vehicle Code Enforcement CE C + 2 GC 34090 C + 2 GC 34090 General correspondence, lists, logs, notices, reference papers, corresponding paperwork General correspondence, lists, logs, notices, reference papers, corresponding paperwork General correspondence, lists, logs, notices, reference papers, corresponding paperwork 2015 and prior 2015 and prior 2015 and prior 1301-07 Crossing Guard File 1301-08 Abandoned Vehicles & Houses CE C + 2 GC 34090 1401-10 Recreation Forms (Activity Registrations. Park/Facility Rentals, Sign -In Sheets, Rosters, etc.) CSD C + 2 GC 34090 Applications, general correspondence, forms, lists, logs, receipts 2015 and prior 1403-06 Weed Abatement CE CL + 2 GC 34090 General correspondence, lists, logs, notices, reference papers, corresponding paperwork 2015 and prior after closed 1405-01 Temecula Valley Unified School Distract C + 2 GC 34090 General correspondence 2015 and prior 1405-02 Universities. College & Higher Education C + 2 GC 34090 General correspondence 2015 and prior 1405-03 Charter, Private & Christian Schools C + 2 GC 34090 General correspondence 2015 and prior 1405-04 High Schools C + 2 GC 34090 General correspondence 2015 and prior 1500-01 International, National and Local Government Organizations & Offices C + 2 General correspondence 2015 and prior 1501-01 United States Offices & Organizations C + 2 General correspondence 2015 and pnor 1503-01 Regional Organizations C + 2 General correspondence 2015 and prior 1504-01 Riverside County Office C + 2 General correspondence 2015 and prior LEGENDS: AA AFTER AUDIT CL CLOSED AC AFTER CLOSED C CURRENT AO AFTER DISPOSITION DMR DESTROY WHEN NO LONGER RELEVANT AS AFTER SETTLED E ELECTION AT AFTER TERMINATION L LIFE M MATURITY P PERMANENT 5 SEPERATION T TERM UD UNTIL DISPOSED 8 US UNTIL SUPERSEDED In accordance with the City of Temecula Records Retention Schedule approved by City Council (CC Resolution No. 18 - ), the City records, documents, instruments, books or papers, described and listed above, have reached or exceeded the legal retention period, are permanently imaged, do not have a litigation hold, and are otherwise no longer required to be retained by the City. The department records are retained in accordance with applicable federal and state laws as set forth in the City of Temecula's current retention schedule. In accordance with the City's Records Management Program, with the consent of the Department Head, and upon written approval of the City Clerk and the City Attorney, these records will be properly destroyed or disposed of. RECORDS WITH A PERMANENT RETENTION: Authorization to destroy permanent records after imaging as listed on the current retention schedule: (Historical documents, vital records, documents involved in litigation or pending audit will not be destroyed). Imaging and indexing of these records have been quality checked; Images have been stored in the City's Imaging System; The imaged record becomes the official original record of the City and will be held in accordance of the City's Retention Schedule DEPARTMENT DIRECTOR APPROVAL: Signature Date City Manager Community Services Director City Attorney Finance Director Director of Public Works/City Engineer Community Development Director Human Resources Manager Director of Information Technology/Support Services CITY ATTORNEY/CITY CLERK APPROVAL: Signature Date City Clerk City Attorney I hereby certify that the records described above have been destroyed in accordance with the City's current Retention Schedule. Records were destroyed by a third party vendor and the Certificate of Destruction is attached. DESTRUCTION COMPLETED BY: Signature Date Records Manager • PROCEDURES FOR ELECTRONIC DOCUMENT MANAGEMENT SYSTEM (EDMS) POLICY ____Y (January 2016) CITY OF TEMECULA I. Purpose The City uses Laserfiche as its Electronic Document Management System (EDMS) to store official records of the City electronically. These official records may have originally existed as paper and/or electronic records. The purpose of this policy is to ensure the City's EDMS meets the definition of a Trusted System as set forth in California Government Code Sections 12168.7 and 34090.5, and is in compliance with regulations developed by the Secretary of State (SOS) to use in recording, storing, and reproducing permanent and nonpermanent documents or records in electronic media, so that every reproduction of a record from the EDMS will be deemed to be a copy of an original record. This policy documents the business practices that will be implemented to ensure that the process for converting and storing paper records in the EDMS complies with California state law. It has been designed and prepared in accordance with AIIM (Association for Information and Image Management) Guidelines Sections 6.2 and 6.17. An additional purpose of this policy is to permit the City, pursuant to California Government Code Section 34090.5, to destroy original paper records, documents, instruments, books, and papers ("paper records") once those paper records have been stored into the EDMS in compliance with the procedures set forth in this policy. California Government Code Section 34090.5 sets forth that if a record series can be produced electronically and proper archival methods are set in place, the original may be destroyed, with the exception of those documents that are required to be kept permanently in their original form as outlined in the City's retention schedule. This process will reduce storage boxes and storage space costs, as well as bring the City's records management program into compliance with the law. II. Objectives • To provide citizens access to public documents; • To assist in the transparency of public government documents; • To utilize state of the art security for database management of the City's permanent documents; • To provide accurate and efficient archival research capabilities and document retrieval; • To provide disaster recovery capabilities; • To facilitate organizational access to final records in the most efficient and effective manner. This policy regarding trustworthy official electronic record preservation applies to all City departments that via the City Clerk's Office: • Create or store electronic documents as the official records of the City; • Intend on destroying the original hardcopy and maintaining the electronic documents as the official records of the City; and/or • Maintain electronically originated documents as the official records of the City. Staff shall not destroy: • Official records that are expressly required by law to be filed and preserved; and/or • Official records that are required by law to be retained in hardcopy format. This policy shall not be construed to allow a department to maintain such official records electronically in place of the original hardcopy. III. Definitions A. "AIIM" means the Association for Information and Image Management. B. "AIIM Guidelines" means the recommended practice report produced by AIIM and known as "AIIM ARP1-2009 Analysis, Selection, and Implementation of Electronic Document Management Systems (EDMS)," approved June 5, 2009. C. "DPI" and "PPI" means and refer to dots per inch and pixels per inch, respectively. The terms may be used interchangeably. D. "EDMS" means Electronic Document Management System and is a computer system designed to store and track electronic documents. E. "Electronically originated records" include any record created without first having originated in hard copy format. It includes all documents or records generated through electronic submissions. F. "Indexing" means inputting descriptions and other information about an imaged document into a template to help with the search and retrieval process. G. "Laserfiche" document imaging software is utilized by the City as the EDMS to store official records of the City electronically. H. "Lossless compression method" means a compression method by which data are compressed by efficient coding of the information in the image and where the reconstructed image contains the same amount of information as the original data. "OCR" or "Optical Character Recognition" means the mechanical or electronic translation of scanned images of handwritten, typewritten or printed text into machine -encoded text by means of an optical scanner and specialized software. 2 J. "Official Records" shall include official documents or official records that are: 1) defined as such in applicable statutes and in the business practices of the City for retaining said documents or records; 2) identified in the City Records Retention Schedule. K. "PDF" or "Portable Document Format" is an open standard for document exchange. This file format is used for representing documents in a manner independent of application software, hardware, and operating systems. Each PDF file encapsulates a complete description of a fixed -layout flat document, including the text, fonts, graphics, and other information needed to display it. L. "PDF/A" or "Portable Document Format/Archival" is an electronic file format whereby documents are self-contained allowing them to be reproduced with all the document coding embedded within the file. It is a file format for the long-term archiving of electronic documents. It is based on the PDF Reference Version 1.4 from Adobe Systems Inc. (implemented in Adobe Acrobat 5 and latest versions). "Records hold" or "legal hold" refers to the duty to preserve and not delete any records, electronic or otherwise, that are potentially relevant to any of the following in which the City may be involved: a reasonably anticipated claim or litigation, an ongoing claim or litigation, a pending employee grievance, a pending regulatory or governmental investigation, a pending subpoena, a pending Public Records Act request, or a pending audit. N. "Records Management" is a Division of the City Clerk Department. O. "Snapshot" is the proprietary name of a Laserfiche module that converts electronic documents to TIFF format, Snapshot may be run as a stand-alone program or may be integrated into Laserfiche, P. "TIFF" or "Tagged image file format" is a bitmapped graphics file format developed by Aldus and Microsoft that handles monochrome, gray scale, 8 -and 24 -bit color. Files use the .TIF and .TIFF extensions. Q. "Trusted system" is defined in California Government Code 12168.7 and means "a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored." R. "Working Folder" is the folder where temporary documents are placed and where modifications and deletions are allowed once their purpose has been served. These documents are not documents identified as official records. S. "WORM storage device" is a data storage technology that allows information to be written to a drive a single time and prevents the drive from erasing the data. WORM stands for write once, read many, and WORM storage devices are intentionally not rewritable, because they are especially intended to store data that the user does not want to erase accidentally. 3 IV. Records Retention Policy Compliance A. The Electronic Document Management System (EDMS) shall comply with the Records Retention Schedule for City Records of the City of Temecula as approved by the City Council. B. Paper records scanned and stored in the EDMS approved for destruction will be destroyed in compliance with the City's Records Retention and Destruction Resolution. Prior to records destruction. the responsible department head(s) shall sign the Records Destruction Authorization (Form A) approving the destruction, and submit the form to the City Clerk's Office for final approval and signature by the City Clerk and City Attorney. Once all approvals and signatures have been obtained for such destruction in accordance with state law and the City's current Records Retention and Destruction Resolution, the records may be destroyed. (See attached "Form A".) The Records Manager shall sign Form A once approved records are destroyed. C. Record Holds: When notified by the City Attorney and/or the City Clerk's Office that a "records hold" or "legal hold" is in place, or when City staff reasonably anticipates that a claim or litigation may ensue, staff shall tag the potentially relevant records in the EDMS, using a unique tag assigned by the City Clerk, so that potentially relevant records are retained beyond their destruction date and not destroyed. V. Procedure for Converting and Storing Paper Records in the EDMS A. The City Clerk is the City official responsible for oversight of the EDMS. The City Clerk's Office shall provide assistance and guidance to other City departments to ensure that the intent of this administrative policy is carried out and that the EDMS serves as a trusted system for storage and reproduction of City records that originated in paper format. Official permanent records should never be retained on local or internal drives. B. Conversion and Storing of Paper Records 1. All records scheduled for permanent retention shall be converted and stored in the EDMS. 2. The City Clerk's office shall work with each City department to prioritize their records for conversion and storage in the EDMS. 3. Records without a permanent and/or scheduled retention pursuant to the City's retention policy shall not be placed in the EDMS. Unless a draft is being retained as a City record, preliminary drafts should not be stored into the EDMS. 4. City Clerk Staff is responsible for converting and storing all permanent City records into the EDMS. 4 C. Scanning of Paper Original Records 1. Scanned images shall be a true copy of archival quality. 2. City Clerk Staff shall be the only staff scanning permanent documents into the EDMS_ 3. Files that contain confidential/attorney client privileged documents must be scanned and filed separately from the public documents within that file. A 'Confidential/Attorney Client Privilege' folder must be created and the documents must be scanned into that folder with limited access to assigned staff. This will ensure confidential documents are not released to the public during review of an electronic document. Attorney/Client Privilege folders are created for each department and are defined accessible to that particular folder. 4. City Clerk Staff shall check the scans for legibility, readability, completeness, page counts and confirm that document pages were scanned in the proper sequence, and re-scan poor quality images and missing pages, and correct page sequencing if necessary. The number of pages shall be written on the outside of the paper file/document to ensure the original document pages matches the pages electronically scanned. Blank pages shall not be included in the scanning process. 5. Documents shall be imaged in a method that ensures they are reproducible in their original form matching both size and color. In most cases, solid color paper such as invoices shall be scanned in black and white. Any use of highlighting, or color descriptors shall be scanned in color. 6. Notes and annotations deemed significant must be retained pursuant to federal law, state law, or the City's current Records Retention and Destruction Resolution, shall be scanned and managed as a part of the electronic record, a) Loose notes to be included in the scanned document will be placed in order at the back of the document before scanning. b) Any page containing sticky or otherwise attached note(s) will be copied with the notes in place. Before scanning, a photocopy of the page with the note(s) in place will be made, and then scanned with the notes removed from the original document. In this way, the City will retain both a clean copy of the document, and a copy of the page with note(s) in place. 7 Staff may employ a digitized record enhancement technique which is commonly used in scanning software, including but not limited to deskew, despeckle, crop. and rotate; provided, however, that staff shall not use an enhancement technique if it alters the content that exists in an original reco rd. 5 8. An electronic sticky note shall be utilized to describe any discrepancies with original copies such as: • Dark photocopies — Original copy dark and unreadable. • Light ink on photocopies — Original ink light and unreadable. • Crooked photocopies — Original photocopy crooked. • Missing pages — Original document missing pages. 9. All pages shall be rotated right side up for viewing purposes. 10. As transferred documents are scanned the box shall be marked with provided color coding stickers representing the following: Yellow /Scanned Green/Large Maps Scanned Red/Quality Checked D. Naming electronic documents. Naming conventions are critical and must be followed to ensure document consistency and accuracy. All electronic documents shall be named. E. Indexing A template will be used to gather the relevant information about each record. The indexed information will be used to facilitate document search and sort capabilities. 1. The information attached to each record shall include at least its subject name. 2. City Clerk Staff shall input the information required for each record unless otherwise directed by the City Clerk or Records Manager. F. Optical Character Recognition 1. Optical Character Recognition (OCR) will be performed on every predominantly text -based document scanned into the EDMS. G. Volume New documents shall be scanned into their assigned department Laserfiche volume. H. Quality Control and Assurance 1. Imaged records will be verified as accurate and complete before finalizing their placement in the EDMS . City Clerk Staff shall review and verify that each image of each page of the record is a true and accurate copy of the original record that can be reproduced from the electronic record with full legibility, and that the indexing is accurate. Images shall be checked for document name, legible images, paper size scanned, the number of pages, blank pages, and page rotation. 2. Staff shall not quality check their own scans. Scans shall be quality checked by a staff person other than the staff member who originally 6 scanned the electronic document. 3. Poor quality images shall be rescanned. If an accurate and fully legible electronic record cannot be made from the original paper record, then the electronic record shall be noted utilizing an electronic sticky note as referenced in scanning section above. The original paper record shall be retained and appropriately filed so that it is preserved. The electronic record shall be appropriately tagged in the EDMS to indicate the file location of the paper original. 4. Documents that do not pass the quality checking process shall be returned for scanning and returned to quality checking after corrections have been made. Documents needing corrections shall be pointed out by sticky note and page number of document requiring correction, 5. Once the box of documents pass the quality checking stage, the box shall be staged in the Records Managers Office for final preparation. A florescent green 'FOR DESTRUCTION' sticker shall be placed above the box barcode and the barcode number shall be added to the working destruction lists and staged offsite for the approved yearly destruction, The boxes of documents are destroyed upon yearly destruction approval. Paper Record Destruction All scanned documents shall be retained until the digitized image and indexing is verified as accurate and complete. (See above "Quality Control and Assurance"). 2. Once the digitized image and indexing are verified as accurate and complete, and that the document can be reproduced with full legibility, the paper record may be destroyed with the consent of the Department Head and the City Clerk, which consent shall be in writing utilizing the Authorization to Destroy Paper Records After Imaging & Storing in the EDMS, however: a) No paper record designated as a vital and/or historical record shall be destroyed. The City Clerk, in consultation with the City Attorney's office, shall identify those classes of records that are vital and/or historical records. Vital and/or historical records, at a minimum, shall include: (1) Minutes of the meeting of any legislative body of the City; (2) City Ordinances: (3) Resolutions of any legislative body of the City; (4) Records affecting the title to real property or liens, including any record recorded with the Riverside County Recorder's office. 7 b) No page of a paper record that has been scanned and stored in the EDMS shall be destroyed if any page cannot be reproduced with full legibility. Every irreproducible page shall be permanently preserved in a manner that will afford easy reference. J. Destruction of Records after Reproduction: In accordance with Government Code Section 34090.5, the City may without written approval of the City Council or the written approval of the City Attorney, cause the public record/document to be destroyed, if all of the following conditions are met: 1. The public record, paper, or document is photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data processing system, recorded on optical disk, reproduced on film or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with Government Code Section 12168.7 for recording of permanent records or nonpermanent records; 2. The device used to reproduce the public record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document text and images; 3. The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records were; 4. A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes; 5. No page of any public record, paper, document or and part thereof, shall be destroyed if any page cannot be reproduced with full legibility. Every page that cannot be satisfactorily reproduced shall be permanently preserved in the same manner as a similar public record; 6. Every reproduction shall be deemed to be an original record and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy of the original: 7 The Custodian of Records shall cause a declaration to be prepared for the reproduction of an original public record contemplated to be destroyed that states with respect to the reproduced record that: 8 a) The reproduced record has been destroyed prior to destruction; b) The reproduction is a true and correct copy of the original document; c) The reproduction was made under the direction or control of a City Director or Records Manager; and d) The reproduction went through the quality control process; 8. The declaration shall be contained within the image or array of images of the reproduction and shall be signed by the City employee responsible for supervision of the reproduction; 9. If reproduction of the original public record is made and preserved, and if the necessary declaration is completed as set forth above, the original public record may be destroyed without reference to the retention periods set forth in these regulations and the Records Retention Schedule; and 10. Compliance with these procedures ensures that every reproduction is deemed an original record. VI. Procedure for Storing Electronically Originated Records in EDMS A. City records that exist electronically may be stored in the EDMS if they can be converted electronically to TIFF Group IV format. 1. Conversion should be performed with a minimum 300 DPI and adjusted higher on an individual record basis to provide accurate and complete reproduction. For image files in other formats, such as JPEG. BMP, or GIF, the resolution should be adjusted to closely match the DPI of the original image file. 2. Conversion, using Snapshot or another approved program, may be performed. 3. If an electronic record cannot be converted to TIFF Group IV format, such records should be printed and the instructions followed for converting and storing a paper record. 4. If electronic submissions for maps. design plans, or other architectural drawings will be accepted from the public with the intent of storing the record in the EDMS, such submissions shall be of the highest possible resolution and quality in Adobe Acrobat PDF format, with a minimum 400 DPI. B. Records that do not have a permanent retention shall not be scanned and placed in the EDMS. Unless a draft is being retained as a City record, preliminary drafts should not be stored into the EDMS_ 9 C. City Clerk Staff is responsible for converting and storing permanent records and indexing that department's electronic records into the EDMS. The information attached to each record through indexing will include at least its name. date, and retention period. D. Optical Character Recognition Optical Character Recognition (OCR) will be performed on every predominantly text -based electronic document converted and stored into the EDMS. E. Quality Control and Assurance Once an electronic record is converted and stored in the EDMS, City Clerk Staff shall review and verify that each image of each page of the record is a true and accurate copy of the original electronic record that can be reproduced from the EDMS record with full legibility, and that the indexing is accurate. F. Duplicates Stored on City Server Once an electronic record is converted and stored in the EDMS. the electronic record on the City's server may be deleted as a duplicate. VII. System Configuration and Backup Technology A. User Access 1. The EDMS resides on a dedicated server within the City's secure network. The Records Manager or the IT Specialist is responsible for granting user rights to access the EDMS . Access will be assigned using granular permissions based on a user's role within the organization. User roles include: a) IT Specialist: only with the permission or absence of the Records Manager, assign user permissions to view, search, add, edit, delete and print information, b) Records Manager: assigns user permissions to view, search, add, edit, delete and print information. c) Department Representative: view, search, print information. d) Scanning Technician: view, search, add, print and enter template information. e) User: view, search and print only. 2. Employees shall only access the system using their assigned login and password. Log in names and passwords are assigned by the Records Manager via Information Technology. Access rights, permissions, and security shall be linked to an individual user's login and password. Employees must read and understand the City of Temecula's document imaging policies prior to using the EDMS. 10 3. All imaged documents reflect a creation date, modification date and name of staff person who created or last modified the document. B. Image Format and File Compression 1. File Format In compliance with AIIM Guidelines Section 5.4.1.4, the EDMS will use Tagged Image File Format (TIFF) ITU Group 4, with no proprietary header information, for records stored in the EDMS. The EDMS will allow users with proper security privileges to convert the TIFF images into PDF/A file format when needed. Images exported from the EDMS will be non -modifiable. 2. Document Image Compression In compliance with AIIM Guidelines Section 5.4.2.4, the EDMS will use lossless image compression technology supporting ITU TIFF Group 4, ensuring the document quality is not compromised through compression. 3. Resolution The minimum resolution level for standard business documents shall be 300 DPI/PPI. Where image files in other formats, such as JPEG, BMP, or GIF, are converted to TIFF, the resolution shall be adjusted to closely match the DPI of the original image file. C. C. Laserfiche Technology and Backup Procedures The City has selected Laserfiche as its EDMS. LaserFiche is an archive and retrieval system intended for storage and retrieval of final documents. All permanent imaged documents are secured by Laserfiche Audit Trail to maintain the security of imaged documents and monitor records for compliance. Backup CD's are utilized monthly which cannot be altered and provides equivalent archive and disaster recovery capabilities of microfilm. These policies establish the legal permissibility of records stored in LaserFiche and it is critical that this process is correctly followed. Permanent official documents should not be stored on any other type of software or retained on local or internal drives for full compliance. This will ensure the integrity of the records management program. Any exceptions to these policies must be approved in advance by the City Clerk or Records Manager. Any issues affecting databases or system integration will be referred to IT for their determination. 1. The Laserfiche System is comprised of three main components: the Laserfiche Application Server, the Database Server, and the File Server. See attached diagram. a) Laserfiche Application Server stores the application software for Laserfiche. b) Database Server stores the information relating to each TIFF image saved in Laserfiche. 11 c) File Server stores the TIFF images of the electronic records. 2. Storage and Backup a) The File Server, with the stored TIFF images, is on a WORM storage device. In compliance with AIIM Guidelines Section 5.3.3(c), one copy of each electronic record is written to a backup WORM storage device, which does not permit unauthorized additions, deletions or changes to the original document, These backup copies are stored and maintained in a secure off-site location. b) Backups of the Database Server will be completed in accordance with a schedule established by Information Technology, at least weekly. and stored off-site in a secure location. c) The Laserfiche Server does not need to be backed up, as it can be easily regenerated from the database and the backup volumes. 3. In compliance with AIIM Guidelines Section 5,3,3(a), the EDMS utilizes both hardware and media storage methodologies to prevent unauthorized additions, modifications or deletions during the approved record retention period of the stored information. a) TIFF images of electronic records are stored to a read-only WORM storage device. The security software includes password protection to prevent unauthorized deletion of any data and creates a database audit trail. b) Laserfiche Secure Recycle Bin (1) The EDMS shall be configured to use a Secure Recycle Bin in which deleted documents retain their original security. (2) Records placed in the Secure Recycle Bin may be reinstated or purged from the system. Only the Records Manager may perform these actions. 4. Laserfiche Audit Trail In compliance with AIIM Guidelines Section 5.3.3(b), the EDMS uses an independent audit process to ensure that there is no plausible way for electronically stored information to be modified, altered, or deleted during the approved record retention period of the stored information, a) The audit trail security system and encryption software prevents modifications: user access permitting modifications is limited and managed by audit trail security. 12 (1) City Clerk Staff is authorized to delete or modify files during the scanning and quality control process. Explicit rights must be assigned by the Records Manager before a user is authorized to delete or modify files. (2) A record is made of any modifications made to the audit trail or to other electronic files. (3) The audit trail cannot be modified or tampered with by the Systems Administrator. b) The audit trail shall be configured to track basic events in the repository that involve accessing, modifying or exporting data. Basic events include: (1) Login and logout (2) Creating, editing, printing or deleting documents (3) Creating, editing or deleting templates, fields and annotations (4) Adding security tags (5) Exporting documents, volumes or briefcases (6) Sending documents to the Recycling Bin What are the different components of Laserfiche architecture? Volume Storage Web Link Web Access Workflow Volume Storage Laserfiche Server Laserfiche Full -Text Indexing and Search (LFFTS) Database Management System (DBMS) The Laserfiche server is the key relay station. It acts like a traffic cop. transferring requests from the client/user applications to the database server and back to the client. In addition, some of the other things it does are: • Merges search results. • Determines the columns to display. • Checks user security. Laserfiche Full Text Search Service (LFFTS) It contains all of the searchable text. There is one LFFTS catalog per repository. Laserfiche SQL Database • Microsoft SQL Server 2008 R2 14 FORM A CITY OF TEMECULA Records Destruction Authorization In accordance with the City of Temecula Records Retention Schedule approved by City Council on January 12, 2016 (CC Resolution No. 16-02), the City records, documents, instruments, books or papers, described and listed above, have reached or exceeded the legal retention period, are permanently imaged, do not have a litigation hold, and are otherwise no longer required to be retained by the City. The department records are retained in accordance with applicable federal and state laws as set forth in the City of Temecula's current retention schedule. In accordance with the City's Records Management Program, with the consent of the Department Head, and upon written approval of the City Clerk and the City Attorney, these records will be properly destroyed or disposed of. RECORDS WITH A PERMANENT RETENTION: Authorization to destroy permanent records after imaging as listed on the current retention schedule: (Historical documents, vital records, documents involved in litigation or pending audit will not be destroyed). Imaging and indexing of these records have been quality checked; Images have been stored in the City's Imaging System; The imaged record becomes the official original record of the City and will be held in accordance of the City's Retention Schedule DEPARTMENT DIRECTOR APPROVAL: Signature Date City Manager Community Services Director Finance Director Director of Public Works/City Engineer Director of Community Development Senior Human Resources Analyst Deputy Director of Information Technology CITY ATTORNEY/CITY CLERK APPROVAL: Signature Date City Clerk City Attorney I hereby certify that the records described above have been destroyed in accordance with the City's current Retention Schedule. Records were destroyed by a third party vendor and the Certificate of Destruction is attached. DESTRUCTION COMPLETED BY: Signature Date Records Manager 15 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: January 9, 2018 SUBJECT: Consent of City Council to the Sale of Roripaugh Valley Restoration's Interests in the Roripaugh Ranch Development Agreement to Woodside Homes RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE SALE OF RORIPAUGH VALLEY RESTORATION'S INTERESTS IN THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT TO WOODSIDE HOMES (WOODSIDE 05S, LP) BACKGROUND RORIPAUGH RANCH PROJECT: The City Council approved the Roripaugh Ranch Specific Plan and Development Agreement in December, 2002. The Development Agreement has been amended three times on February 14, 2006, April 23, 2013, and March 8, 2016. The Specific Plan provides for the development standards and public improvements for a maximum of 2,015 housing units on approximately 804 acres in the north east part of the City on either side of Butterfield Stage Road. The Development Agreement provides that the development standards will remain in effect through 2028, the term of the Development Agreement, in return for substantial additional public improvements both within and surrounding the project area. The project is required to construct a number of public improvements, including the completion of regional and local roads such as Butterfield Stage Road, Murrieta Hot Springs Road, Nicolas Road, and major sewer, water. flood control, and drainage facilities. Building permits are issued under a schedule that is based on completion of public improvements. Currently, 509 housing units have been completed in Phase I of the Project, generally west of Butterfield Stage Road. Skyline Park and the construction of Butterfield Stage Road from Murrieta Hot Springs Road to La Serena Road have been completed_ Phase II of the Roripaugh Ranch Project (generally east of Butterfield Stage Road) is owned by Roripaugh Valley Restoration, LLC. ("RVR") and Wingsweep Corporation. RVR owns a large portion of Phase II. RVR acquired its interests in Phase II from the Federal Deposit Insurance Corporation ("FDIC") following the failure of AmTrust Bank which had taken over the project from the original developer, Ashby USA, LLC. Under the Development Agreement, RVR is responsible for the payment of 90% of the costs of the public improvements beyond those costs paid with the proceeds of Community Facilities District Bonds and Wingsweep Corporation is responsible for 10% of such costs. COUNCIL CONSENT TO RVR'S ASSIGNMENT OF ITS RIGHTS AND OBLIGATIONS IN RORIPAUGH RANCH PROJECT TO WOODSIDE HOMES RVR proposes to sell its interest in the Roripaugh Ranch Project to Woodside Homes and assign both its rights and obligations in the Development Agreement to Woodside Homes. This means that Woodside Homes will take over the design, property acquisition and construction of the public improvements to the same extent as RVR, share the costs not paid for with the CFD Bonds with Wingsweep in addition to developing homes within the project area. The Development Agreement requires the City Council to consent to the assignment of the Development Agreement to Woodside Homes because the public improvements have not been completed. The proposed Assignment Agreement between RVR and Woodside Homes specifically provides that "expressly and unconditionally agrees to assume all duties and obligations of RVR under the DA remaining to be performed." Woodside Homes is one of the largest Western U.S. regional homebuilders. Headquartered in North Salt Lake, Utah, Woodside Homes develops, designs, builds. markets and sells single- family homes across seven primary markets in Arizona, California. Nevada, Texas and Utah. Woodside Homes will take over the rights and obligations of RVR though one of its subsidiaries. Woodside 05S, LP, a California limited partnership. NO CONFLICTS Europa Vineyard Estates is located on approximately 290.7 acres southesterly of Butterfield Stage Road and La Serena Way in unincorporated Riverside County. It is owned by Temecula Vineyard Estates, LLC, and is adjacent to Butterfield Stage Road. Neither Mayor pro Tem Mike Naggar nor Council Member Jeff Comerchero has any direct investments or ownership interests in the Temecula Vineyard Estates, LLC, Europa Vineyard Estates had been owned by Temecula Vineyard Estates, LLC. Europa Vineyard Estates is now owned by an entity related to Temecula Vineyard Estates, LLC, Sirah Vineyard Development Corporation. Council Member Comerchero is the President of Sirah Vineyard Development Corporation. Neither Council Member Comerchero nor Mayor pro Tem Naggar has any direct investments or ownership interests in the Europa Vineyard Estates Project, Temecula Vineyard Estates, LLC or Sirah Vineyard Development Corporation. The managing member of Temecula Vineyard Estates, LLC, has been Mr. Daniel Stephenson. Council Member Comerchero and Mayor pro Tem Naggar, however, each have ownership interests and are members other limited liability companies that are developing property outside of the City of Temecula and in which Mr. Stephenson is also the managing member. The Europa Vineyard Estates Project, Temecula Vineyard Estates, LLC, and Sirah Development Corporation are, therefore, "otherwise related business entities" for Council/Board Member Comerchero and Council/Board Member Naggar within the meaning of § 18700.2 of the FPPC Regulations. Tract Map 32594 for the Europa Vineyard Estates Project was approved by the County of Riverside in September 2006 after the City Council's approval of the Roripaugh Ranch Specific Plan and the Development Agreement in December 2002. One of the County's conditions of approval requires the owners of Europa Vineyard Estates to improve a portion of Butterfield Stage Road along its westerly property line south of La Serena prior to the County's issuance of a certificates of occupancy for homes on 80% of the Tots in the Project. The City Attorney has determined that Mayor pro Tem Naggar and Council Member Comerchero may participate in the Council's consideration of approval of the Consent to the assignment of RVR's rights and obligations in the Development Agreement to Woodside Homes. This action will have no material financial effect, indeed no effect at all, on Europa Vineyard Estates, or the owners of the Europa Vineyard Estates project, for the simple reason that the Consent does not change the Roripaugh Ranch Developers' obligation to construct the Phase 3 Improvements to Butterfield Stage Road from what has been required since approval of the original Development Agreement and Specific Plan in December 2002. This is consistent with the Fair Political Practices Commission Legal Staffs March 2008 opinion (A-08-015) allowing Mayor pro Tem Naggar and Council Member Comerchero's participation in a decision to acquire property located 372 feet south of Europa Villages Estates necessary for the construction of the Phase 3 Improvements. Additionally, the funding for the Phase 3 Improvements for Butterfield Stage Road has been in place since the Roripaugh Ranch Community Facilities District 03-02 issued community facilities district special tax bond in April 2006. FISCAL IMPACT: There is no fiscal impact from this action. All current obligations of the owners of Phase II of the Roripaugh Ranch Project will be maintained. ATTACHMENTS: 1. Resolution 2. Draft of the "CONSENT TO SALE" Agreement RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE SALE OF RORIPAUGH VALLEY RESTORATION'S INTERESTS IN THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT TO WOODSIDE HOMES (WOODSIDE 05S, LP) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare that: (a) On December 17, 2002. the City Council approved the "Preannexation and Development Agreement by and between the City of Temecula and Ashby USA, LLC," recorded in the Official Records of Riverside County on January 3, 2003 as Document No. 2003-018567. The Development Agreement has been amended three times: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013- 0324057; and (3) the third Amendment to the Development Agreement between the City of Temecula and Ashby USA, LLC, dated March 8, 2016 and recorded on April, 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. The December 17. 2002 development agreement, as amended, shall be referred to as the "Development Agreement." (b) Phase II of the Roripaugh Ranch Project (generally east of Butterfield Stage Road) is owned by Roripaugh Valley Restoration, LLC. ("RVR") and Wingsweep Corporation. RVR owns a large portion of Phase II. RVR acquired its interests in Phase II from the Federal Deposit Insurance Corporation ("FDIC") following the failure of AmTrust Bank which had taken over the project from the original developer, Ashby USA, LLC. Under the Development Agreement, RVR is responsible for the payment of 90% of the costs of the public improvements beyond those costs paid with the proceeds of Community Facilities District Bonds and Wingsweep Corporation is responsible for 10% of such costs. (c) RVR proposes to sell its interest in the Roripaugh Ranch Project to Woodside Homes and assign both its rights and obligations in the Development Agreement to Woodside Homes. This means that Woodside Homes will take over the design, property acquisition and construction of the public improvements to the same extent as RVR, share the costs not paid for with the CFD Bonds with Wingsweep in addition to developing homes within the project area. (d) Section 2.5.3 of the Development Agreement requires the City Council to consent to the assignment of the Development Agreement to Woodside Home because the public improvements have not been completed. The proposed Assignment Agreement between RVR and Woodside Homes specifically provides that Woodside Homes "expressly and unconditionally agrees to assume all duties and obligations of RVR under the DA remaining to be performed." Section 2. Consent to Assignment. In accordance with the provisions of Section 2.5.3 of the Development Agreement, the City Council of the City of Temecula hereby consents to the assignment of RVR's rights and obligations in the Development Agreement to Woodside 05S, LP. a California limited partnership ("Woodside Homes") and hereby authorizes the Mayor to execute the "Consent to Sale" in substantially the form attached hereto as Attachment A with such non -substantive changes as may be approved by the City Attorney as necessary and convenient to implement the purposes of the Agreement. The City Manager is authorized and directed to take all actions necessary and convenient to implement the assignment described in this resolution and to enter into such additional agreements as may be necessary and convenient to implement the assignment, including but not limited to, executing estoppel certificates, operating memoranda and agreements, certifications, escrow, and similar agreements and actions. Section 3. Certification. 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 9th day of January, 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY CONSENT Recording requested by and when recorded mail to Woodside 05S, LP 460 West 50 North, Suite 205 Salt Lake City, UT 84101 Attention: Wayne Farnsworth APN: Space Above Line for Recorder's Use Only CONSENT TO SALE This Consent to Sale of Property (the "Consent") is granted by the City of Temecula (the "City") as of , 2018, pursuant to the terms of the "Preannexation and Development Agreement between the City of Temecula and Ashby USA, LLC" (the "Development Agreement") initially approved by the City on December 17, 2002, and recorded on January 9, 2003. as Document No. 2003-018567 in the Official Records of the County of Riverside. RECITALS A. The Development Agreement pertains to property commonly known as the "Roripaugh Ranch" and has been amended three times, most recently on March 8, 2016 (the "Third Amendment"). The Third Amendment was recorded on April 20, 2016. Within this Consent, the term "Development Agreement" refers to the Development Agreement as amended through the Third Amendment. B. Roripaugh Valley Restoration, LLC. a Delaware limited liability company ("RVR") has succeeded to the interest of Ashby with respect to the RVR Property. RVR currently owns that portion of the Raripaugh Ranch described on Exhibit A to this Consent (the "RVR Property"). The RVR Property consists of a portion of what is generally known as "Phase II" of the development of the Roripaugh Ranch. C. RVR and Woodside 05S, LP, a California limited partnership ("Woodside") have entered into an agreement for Woodside to acquire the RVR Property from RVR (the "Sale"). This Consent is granted with respect to the Sale and the concurrent assignment of RVR's rights and obligations under the Development Agreement (the "DA Assignment"). Pursuant to the Development Agreement, RVR and Woodside have entered into an "Assignment and Assumption Agreement" under which (1) RVR has agreed to convey to Woodside its rights under the Development Agreement and (2) Woodside has agreed to assume RVR's obligations under the 1161795.01/0C 11086.0097112-20-171nnjlsdb Development Agreement. The Assignment and Assumption Agreement is attached to this Consent as Exhibit B. D. This Agreement is intended to fulfill the requirements of Section 2.5.3 of the Development Agreement and to serve as the City's consent to the Sale and the Assignment and Assumption Agreement. 1167795.01/0C 1 1086-0097/ 12-20-17lrmyedb [Remainder of page intentionally left blank] -2- CITY'S CONSENT By signing this Consent, the City grants its consent to the Sale. In addition, in granting this Consent, the City acknowledges and consents to the terms of the Assignment and Assumption Agreement. ATTEST: Randi Johl City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney 1167795 01/0C 11086.0097/12-20.17hmysd6 "CITY" City of Temecula, a municipal corporation Matt Rahn Mayor Date: -3- ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE On , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public 1167795.01/0C 11086-0097/ 12-20-171rmysdb -5- (Seal) ASSIGNMENT OF DEVELOPMENT AGREEMENT Recording requested by and when recorded mail to Woodside 05S, LP 460 West 50 North, Suite 205 Salt Lake City, UT 84101 Attention: Wayne Farnsworth APN: Space Above Line for Recorder's Use Only AGREEMENT FOR THE ASSIGNMENT AND ASSUMPTION OF RIGHTS AND OBLIGATIONS UNDER THE PREANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND ASHBY USA, LLC This Agreement for the Assignment and Assumption of Rights and Obligations under the Preannexation and Development Agreement between the City of Temecula and Ashby USA, LLC (the "Agreement") is entered into as of , 2018 (the "Effective Date") by Roripaugh Valley Restoration, LLC, a Delaware limited liability company ("RVR") and Woodside 05S, LP, a California limited partnership ("Woodside"). RVR and Woodside shall be referred to within this Agreement as the "Parties." RECITALS A. A Preannexation and Development Agreement between the City of Temecula (the "City") and Ashby USA, LLC ("Ashby") was initially approved by the City on December 17, 2002, and recorded on January 9, 2003, as Document No - 2003 -018567 in the Official Records of the County of Riverside (the "DA"). The DA pertains to property commonly known as the "Roripaugh Ranch" and has been amended three times, most recently on March 8, 2016 (the "Third Amendment"). The Third Amendment was recorded on April 20, 2016. Within this Agreement, the term "DA" refers to the DA as amended through the Third Amendment. B. RVR has succeeded to the interest of Ashby with respect to that portion of the Roripaugh Ranch described on Exhibit A to this Agreement (the "RVR Property"). The RVR Property consists of a portion of what is generally known as "Phase II" of the development of the Roripaugh Ranch. C. RVR has agreed to convey to Woodside its interest in the RVR Property (the "Assignment of Property"). D. In connection with the Assignment of Property, RVR has agreed to convey to Woodside those rights under the DA which are set forth in Paragraph 2 below (the "Transfer of Rights"). E In connection with the Assignment of Property, Woodside has agreed to assume 1169515.01/OC 372235-00013/12-26-17/rmj/sdb -1- those obligations of RVR under the DA which are set forth in Paragraph 3 below) (the "Transfer of Obligations"). This Agreement is intended to fulfill the requirements of Section 2-5-3 of the DA and to serve as notice to the City of the Assignment of Property, the Transfer of Rights, and the Transfer of Obligations. G. As of the Effective Date of this Agreement, RVR is not in default under the DA. AGREEMENT RVR and Woodside agree as follows_ 1. Assignment of Property- The Assignment of Property pertains to and is limited to that portion of the Roripaugh Ranch described on Exhibit A (the "Transferred Property"). 2- Transfer of Rights. In connection with the conveyance of the Transferred Property, RVR has assigned to Woodside all of its rights under the DA with respect to the Transferred Property, including. but not limited to, the vested right to complete development of the Transferred Property pursuant to the DA. 3. Transfer of Obligations. RVR has delegated to Woodside and Woodside expressly and unconditionally agrees to assume all duties and obligations of RVR under the DA remaining to be performed with respect to the Transferred Property as of the Effective Date. RVR retains no obligations under the DA. RVR has delegated to Woodside and Woodside expressly and unconditionally agrees to assume all duties and obligations of RVR under that certain Joint Development Agreement between RVR and Wingsweep Corporation, a California corporation, recorded on July 21, 2017 in the Riverside County Recorder's Office as Instrument No. 2017-0299518, as amended by that certain First Amendment to Joint Development Agreement recorded on July 21, 2017 in the Riverside County Recorder's Office as Instrument No. 2017-0299519 pertaining to the allocation of costs for the design, acquisition of property and construction of Public Improvements for Phase II of Roripaugh Ranch as described in the DA. 1169515.01/OC 372235-00013/12-26-17/rmj/sdb [Remainder of page intentionally left blank] -2- 4. Execution. RVR and the Woodside have signed this Agreement on the dates indicated below next to their respective signatures. 1167794 01/0C 11086-0097/ 12-20-17/rmjlsdb "RVR" Roripaugh Valley Restoration, LLC, a Delaware limited liability company By: Name. Its: Date. "Woodside" Woodside O5S, LP, a California limited partnership By: Name. Its: Date. -3- 1 10, 7744 111 (x. 11086-0(197 12-20-17 m,j sdt Exhibit A Legal Description of Property 'See attached -4- ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. STATE OF CALIFORNIA ss COUNTY OF RIVERSIDE On , before irrEr, , Notary Public, personally appealed , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is'are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public 1167794 01/0C 11086-0097/ 12-20-17+imysdb -5- (Seal ) EXHIBIT "A" LEGAL DESCRIPTION THE LAND IN COUNTY OF RIVERSIDE STARRED TO TE OF1 CALIFORNIA, ANDS DESCRIBED AS FOLLOWS:TEMECULA,N BELOW IS SITUATED IN THE CITY OF THE PARCEL A: LOTS 7 THROUGFI 11 AND LETTERED LOTS "1", "3" AND "I.7 OF TRACT 29353-2, IN THE CITY 01? BOOK 342 OFMAPS, PAGES 7F 3 THROUGH 85, INCLUSIVE, RSIDE, STATE OF CALIFORNIA, CORDS OF SAIDTCOUNTY, IN PARCEL B: LOTS 1 THROUGH 15 AND LETTER LOT "A" OF TRACT 29353, TN THE C1TY OF TEMECULA, ��� RIVERSIDE, RECORDED �LD IN BOO{ 401 OF MAPS THROUGH INCLUSIVE, RECORDS OF SAID COUNTY. APNS: 964-180-004-6 (Lot 7 of Parcel A) 964-180-005-7 (Lot 8 of Parcel A) 964-180-007-9 (Lot 10 of Parcel A) 964-180-008-0 (Lot 11 of Parcel A) 964-180-017-8 (Lot I of Parcel B) 964-180-018-9 (Lot 2 of Parcel B) 964-180-019-0 (Lot 3 of Parcel B) 964-180-020-0 (Lot 4 of Parcel B) 964-180-021-1 (Lot 5 of Parcel B - Common Area) 964-180-02,2-2 (Lot 6 of Parcel B) 964-180-023-3 (Lot 7 of Parcel B) 964-180-024-4 (Lot 8 of Parcel13) 964-180-025-5 (Lot 9 of Parcel B) 964-180-426-6 (Lot 10 of Parcel B) 964-1804274 (Lot 11 of Parcel B) 964-180-028-8 (Lot 12 of Parcel B - Common Area) 964-180-029-9 (Lot 13 of Parcel 13 - Common Area) 964-180-030-9 (Lot 14 of Parcel B - Common Area) 964-180-031-0 (Lot 15 of Parcel B - Common Area) 964-180-032-1 (Lot A of Parcel B Common Area) 964-180-033-2 (Lot 9 of Parcel A) 964-180-034-3 (Lot .1 of Parcel A - Common Arca) 964-180-036-5 (Lot L of Parcel A Common Arca 964-1S0-037-6 (Lot I of Parcel A - Common Arca) 078349190017414 Exhibit "A"-1 Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: January 9, 2018 SUBJECT: Approve a Cooperative Agreement with Temecula Valley Genealogical Society in Support of Facility Use PREPARED BY: Erica Russo, Senior Management Analyst RECOMMENDATION: That the City Council approve the Cooperative Agreement with Temecula Valley Genealogical Society for Facility Use. BACKGROUND: Last year, Council approved a cooperative agreement codifying a previoulsy long-standing verbal sponsorship of the Temecula Valley Genealogy Society (TVGS), which includes facility and staff support at multiple facilities throughout the year. Currently, TVGS holds four meetings a month at the Ronald H. Roberts Temecula Public Library, with a collective in-kind value of $2,080 annually: 1. Genealogy Class, 10 meetings/year 2. Computer Club, 10 meetings/year 3. Board Meeting, 10 meetings/year 4. DNA Class, 10 meetings/year In addition, TVGS uses the Conference Center for monthly meetings, which have a total in-kind value of $5,500 annually. All meetings are open to the general public. FISCAL IMPACT: These costs are allocated in the TCSD Annual Operating Budget. ATTACHMENTS: Cooperative Agreement COOPERATIVE AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY GENEALOGICAL SOCIETY THIS AGREEMENT is made and effective as of this 9"' day of January, 2018, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Temecula Valley Genealogical Society, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a.) The Nonprofit shall hold meetings (hereinafter referred to as the "Event") four times each month at the Ronald H. Roberts Temecula Public Library (room based on availability) as follows, or on alternate dates pending facility availability as determined by Staff: • 151 Friday 3 hours • 2nd Friday 3 hours • 3rd Friday 3 hours • 4th Wednesday 3 hours i. The Meetings are open to the general public for members of the Nonprofit to conduct business. ii. City Staff will setup and breakdown meetings. iii. The Nonprofit is responsible for clean up. b.) The Nonprofit shall hold meetings (hereinafter referred to as the "Event") one time each month at the City of Temecula Conference Center (based on availability as determined by Staff). i. The Meetings are open to the general public for members of the Nonprofit to conduct business. ii, City Staff will setup and breakdown meetings. iii. The Nonprofit is responsible for clean up. c.) Alcohol will not be served at any of the above mentioned events/programs. d.) The City desires to be a Co -Sponsor of all the above mentioned activities/events. providing in-kind support including facilities, staff support, refreshments. storage use, and advertising as described in Exhibit B. 2. TERM This Agreement shall commence on January 9, 2018, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within thirty (30) days after the conclusion of the year, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. 5. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 6. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands. losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofits negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 7. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by January 9, 2017, 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) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement. worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: 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) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District. and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions, The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers. officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned. occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula. the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project. the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District. and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials. employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 8. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 9. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section, 10. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Temecula Valley Genealogical Society Attn: Barbara Perez 27475 Ynez Road, #291 Temecula, CA 92591 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City. or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. 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. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work: (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TEMECULA VALLEY GENEALOGICAL SOCIETY (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor Barbara Perez, President ATTEST: By: By: Randl Joh!, City Clerk Pamela Pressney, 11° Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Temecula Valley Genealogical Society Attn: Barbara Perez 27475 Ynez Road, #291 Temecula, CA 92591 Barbgma9@yahoo.com 1 PM Initials: Date: EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Temecula Valley Genealogical Society shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements, flyers, press releases, or other promotional material EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Nonprofit meetings. The following expenses can be anticipated for the event: Library Facility Rental Total Costs: $ 2,080.00 Conference Center Facility Rental Total Costs: $ 5,500.00 TOTAL VALUE: $ 7,580.00 Item No. 13 Approvals City Attorney Director of Finance City Manager 6e. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: January 9, 2018 SUBJECT: Approve the First Amendment to the Agreement with Gary Austin Casson for the Purchase of Additional Artwork for the Fallen Heroes Memorial Project PREPARED BY: Erica Russo, Senior Management Analyst RECOMMENDATION: That the City Council 1. Approve the First Amendment to the Agreement with Gary Austin Casson, in the amount of $7,200, for the fabrication and installation of artwork on retaining wall; 2. Transfer $7,200 from Fund 198 Public Art Account 198.199.999.5250 — Other Outside Services to Account 210.190.115 — Fallen Heroes Memorial Capital Improvement Project BACKGROUND: On May 18, 2017 the City Manager approved an agreement in the amount of $25,250 for the fabrication of elements of the Fallen Heroes Memorial Project. These consisted of a 17 -foot tall steel tower, life-sized bald eagle and five 12 -inch diameter bronze military service seals. The eagle has been completed and is currently on display in City Hall in the foyer area of the Council Chamber The scope of the project has been expanded to include mountain silhouettes fabricated in Corten steel and mounted on the retaining wall behind the tower to enhance the overall appearance of the project. FISCAL IMPACT: The Fallen Heroes Memorial project is included in the Fiscal Years 2018-22 Capital Improvement Program, with total funding of $150,000 from the General Fund. Excess funds in the Public Art Fund, originally dedicated to the Founder's Square project, are available to transfer to the Fallen Heroes Memorial project to supplement the existing funding. ATTACHMENTS: t _ First Amendment to the Agreement with Gary Austin Casson for the Purchase of Additional Artwork for the Fallen Heroes Memorial Project 2. Fallen Heroes Memorial Project Sheet FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND GARY AUSTIN CASSON FALLEN HEROES MEMORIAL PROJECT ARTWORK THIS FIRST AMENDMENT is made and entered into as of January 9, 2018 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Gary Austin Casson, a Sole Proprietor (hereinafter referred to as "Artist"). 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 18, 2017, the City and Artist entered into that certain Agreement entitled "Art Purchase Agreement" in the amount of Twenty -Five Thousand Two Hundred Fifty Dollars and No Cents (525,250.00). b. The parties now desire to add scope of work, and increase the payment in the amount of Seven Thousand Two Hundred Dollars and No Cents (7,200.00), and to amend the Agreement as set forth in this Amendment. 2. Section 2 of the Agreement entitled "SALE AND ACCEPTANCE" at paragraph "b" is hereby amended to read as follows: The purchase price for the additional Artwork shall be Seven Thousand Two Hundred Dollars and No Cents (7,200.00). 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 Seven Thousand Two Hundred Dollars and No Cents (7,200.00) for additional artwork for a total Agreement amount of Thirty -Two Thousand Four Hundred Fifty Dollars and No Cents ($32,450.00). 3. Exhibit B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full, 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA GARY AUSTIN CASSON (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor ATTEST: By: By: Gary Austin Casson, Artist Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney ARTIST Gary Austin Casson 26140 Calle Corvetta Temecula, CA 92590 2 PM InitialsL Date: ATTACHMENT A EXHIBIT B BILL OF SALE FOR PURCHASE Dated: January 9, 2018 Sold by: Gary Austin Casson, Artist Sold to: City of Temecula ("City") Artwork: Title: FALLEN HEROES (addition of rear wall design and construction) Artist: Gary Austin Casson Description: Corten steel mountain silhouettes to be fixed to the retaining wall behind the tower. Purchase Price: $7,200.00 U.S. Dollars Payment Terms: 50% deposit upon approval of First Amendment Remainder upon satisfactory completion of fabrication The Artist in consideration of the terms of the Art Purchase Agreement between Artist and City dated as of January 9, 2018, (Agreement") and receipt of the Purchase Price, hereby irrevocably and without condition or reservation of any kind transfer to the City good, valid and marketable title and exclusive and unrestricted right to possession of the Artwork free and clear of any and all rights or interests of others, claims, liens, mortgages, security interests, restrictions, conditions, assessments, exceptions, options, equities or other encumbrances of any kind held or claimed by any person. Upon receipt of the Artwork by the City, the City may display the donated Artwork in any public building or facility and may replicate the Artwork to be utilized in any way, including, but not limited to, any media, City events, documentation, brochures, programs, community service campaigns, and promotional products. Upon delivery of the Artwork to the City, the City shall have the right at its sole discretion to relocate or permanently remove the Artwork from public display or not utilize the Artwork in any manner or to destroy the Artwork or to take any other action with respect to the Artwork. City shall have no obligation to maintain the Artwork. Artist hereby releases, relinquishes, and waives any and all rights it may have to the Artwork or its display in public places as may be established by state or federal law. The Artwork is sold subject to each and all of the terms, conditions, representations and warranties contained in the Agreement, and all such terms, conditions, representations and covenants of the parties thereunder are incorporated herein by this reference as if fully set forth herein in their entirety. All capitalized terms not defined in this Bill of Sale shall have the same meaning as set forth in the Agreement. 3 The Artist agrees to execute and deliver such additional documents and to take such other further actions from time to time after the date hereof as the City may reasonably request, to assure and confirm this transaction. The terms and provisions of this Bill of Sale shall be binding upon the Artist and its successors, assigns and legal representatives and shall insure to the benefit of the City and his successors, assigns and legal representatives. The benefits of the representations, warranties and indemnities contained in the Agreement and this Bill of Sale shall survive completion of the transaction contemplated by the Agreement and this Bill of Sale, including without limitation the transfer of the Artwork to the Buyer. This Bill of Sale shall be governed by and shall be construed and enforced in accordance with the internal laws of the State of California, without regard to conflict of laws principles. 4 C'4 �h ori d SaMwr CaNa.n.. WM cgNro Capital Improvement Program Fiscal Years 2018-22 FALLEN HEROES MEMORIAL Parks and Recreation Project Project Description: To construct a memorial honoring the fallen heroes of our community representing all service branches of the military- Project is to be located at the Temecula Duck Pond park site adjacent to the Veteran's Memonal and paver walkway. Benefit 1 Core Value: This project meets the Quality of Life Master Plan goals and objectives and satisfies the City's Core Value of a Healthy and Livable City. Project Status: This project is estimated to be completed by June 30, 2018. Department: Public Works 1 City Manager's Office - Account No- 210.190.115 PW 17-07 Level: I Project Cost: Prior Years FYE2017 2017-18 2021-22 Actual Carryover Adopted 2018-19 2019-20 2020-21 Projected and Total Project Expenditures Budget Appropriation Projected Projected Projected Future Years Cost Administration $ 25,000 $ 25,000 Construction $ 100,000 $ 100,000 Design/Environmental 5 25,000 5 25,000 Totals 5 - $ - $ 150,000 $ - $ - $ - $ - $ 150,000 Source of Funds: Prior Years FYE2017 Actual Carryover Expenditures Budget 2017-18 Adopted 2018-19 2019-20 2020-21 2021-22 Total Project Cost $ 150.000 $ 150.000 Appropriation Projected Projected Projected Projected General Fund Total Fundin•: $ 150.000 $ 150.000 Future Operation 8 Maintenance Costs 2017-18 2018-19 2019-20 2020.21 2021.22 1 1 1 Fiscal Years 2018-22 Capital Improvement Program 153 Item No. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: January 9, 2018 SUBJECT: Approve an Additional Appropriation and Award a Construction Contract to Hillcrest Contracting for the Temecula Park and Ride, PW06-09 PREPARED BY: Amer Attar, Principal Civil Engineer Steve Charette, Associate Civil Engineer RECOMMENDATION: That the City Council: 1. Approve an additional appropriation of $400,000 from the Measure "S" Fund Balance to the Temecula Park and Ride, PW06-09; 2. Increase the amount of CMAQ Funds appropriated in the FY 2018-22 CIP Budget by an amount of $607,281; 3. Award a Construction Contract to Hillcrest Contracting, in the amount of $1,734,574, for the Temecula Park and Ride, PW06-09; 4. Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $173,457.40, which is equal to 10% of the contract amount. BACKGROUND: On February 23, 2016, the City Council awarded a Construction Contract to Aghapy Group, Inc. (AGI), in the amount of $1,471,777, to construct the improvements for the Temecula Park and Ride, PW06-09 (Project). The Project is located at the northeast comer of La Paz Street and Temecula Parkway and consists of a total of 157 parking spaces, site lighting (LED with down -shielding), drainage, landscaping and irrigation using recycled water, perimeter sidewalks, walls, and bicycle lockers. Construction began on March 24, 2016, and was scheduled for completion by October 2016. Construction was suspended on the Project in September 2016 and the original contractor was removed from the project site at that time. The plans and specifications for the Project required updating to reflect existing conditions. A revised set of plans and specifications was prepared by Michael Baker Intemational (MBI). On August 8, 2017, the City Council approved the plans and specifications for the Project and authorized staff to solicit construction bids. On November 30, 2017, seven (7) bids were electronically opened and publicly posted on the City's online bidding service PlanetBids. The bid results were as follows: No. Bidder Amount 1 Hillcrest Contracting $1,734,574.00 2 Wright Construction $1,783,784.75 3 All American Asphalt $1,822,450.50 4 R.I.C. Construction $1,842,172.62 5 PCN3, INC. $2,175,753.00 6 Future DB International $2,195,570.50 7 YAKAR $2,676,632.00 The specifications call for a construction duration of 100 working days, which is approximately 5 months in duration. The engineer's estimated cost for the project was $1,065,000. On January 8, 2014, the Riverside County Transportation Commission (RCTC) approved federal Congestion Mitigation and Air Quality (CMAQ) funds for the project in the amount of $1,300,750. Due to this federal funding component, a National Environmental Policy Act (NEPA) document was required. In order to satisfy this requirement, a Preliminary Environmental Study (PES) was prepared. This was followed by an Initial Site Assessment (ISA) Checklist, a Historic Property Survey Report (HPSR), and an Archeological Survey Report (ASR). Final approval of these documents was achieved via the issuance of the federal Categorical Exclusion determination by Caltrans on August 27, 2015. This Project is exempt from CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15332, In -Fill Development Projects, of the CEQA Guidelines. The conditions of Section 15332 of the CEQA guidelines are as follows: (a) The Project is consistent with the applicable general plan designation and all applicable general plan policies, as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) The project site has no value as habitat for endangered, rare, or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; (e) The site can be adequately served by all required utilities and public services. In order to further evaluate the environmental impacts of the project, a focused Traffic Impact Analysis, Noise Technical Memorandum and Lighting Technical Memorandum were prepared by Michael Baker International and are incorporated herein by reference and on file with the Office of the Director of Public Works. These studies confirm the Project will not result in any significant traffic, noise, or light impacts. Indeed, the Project is specifically designed to reduce traffic and improve air quality by taking as many as 157 cars off the road and providing residents with a convenient area from which to coordinate carpooling and use commuter busing. FISCAL IMPACT: The Temecula Park and Ride is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2018-22, and is funded with AB 2766 (State funds available for programs that reduce air pollution), as well as federal Congestion Mitigation and Air Quality (CMAQ) funds. Developer Impact Fees (DIF — Police Facilities) are being utilized to fund security camera system infrastructure. Based on the lowest bid received from Hillcrest Contracting and other project costs such as: administration, construction management and construction engineering, a funding deficiency of $966,857 exists. The Riverside County Transportation Commission (RCTC) agreed to maximize the federal share to the highest percentage possible and increase the CMAQ funds by an amount of $607,281. Since CMAQ funds can only be used for construction costs, an additional appropriation of $400,000 from the Measure "S" fund balance is needed to cover other project components. With the additional CMAQ funds and appropriation from the Measure "S" fund balance, adequate funds will be available in the project accounts to construct the project. ATTACHMENTS: 1, Contract 2. Project Description 3. Project Location CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for TEMECULA PARK AND RIDE PROJECT NO. PW06-09 FEDERAL PROJECT NO. CML -5459(023) THIS CONTRACT, made and entered into the 9th day of January, 2018, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Hillcrest Contracting, hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor. for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled TEMECULA PARK AND RIDE, PROJECT NO. PW06-09, FEDERAL PROJJECT NO. CML -5459(023), Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (latest edition) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for TEMECULA PARK AND RIDE, PROJECT NO. PW06-09, FEDERAL PROJJECT NO. CML -5459(023). Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials. and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for TEMECULA PARK AND RIDE, PROJECT NO. PW06-09, FEDERAL PROJJECT NO. CML -5459(023). In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified. the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract, The Contract Documents are complementary. and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for TEMECULA PARK AND RIDE, PROJECT NO. PW06-09, FEDERAL PROJECT NO. CML -5459(023)_ All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision. and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: One Million Seven Hundred Thirty Four Thousand Five Hundred Seventy Four DOLLARS ($1,734,574), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 100 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS. a. Lump Sum Bid Schedule. Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule. Pursuant to Section 20104,50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30`h) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. c. Payment for Work Performed. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES 1 EXTENSION OF TIME. a. Liquidated Damages. In accordance with Government Code Section 53069.85. Contractor agrees to forfeit and pay to City the sum of one thousand dollars ($1,000) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time. Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725,5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6. and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at: http://www.dir.ca.qov The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are included in Exhibit "B" of the project specifications. Future effective general prevailing wage rates which have been predetermined are on file with the California Department of Industrial Relations and are referenced but not printed in the general prevailing wage rates. Contractor shall post a copy of such wage rates at the job site and if there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, Contractor shall pay not less than the higher wage rate. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees. and agents, against any and all liability, injuries, or death of persons (Contractor's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from Progress Payments or final payments due to the Contractor. 12. GRATUITIES. Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS. Contractor's books. records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION. The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. CONTRACT ASSURANCE. The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such remedy, as recipient deems appropriate. 20. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 21. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 22. ADA REQUIREMENTS. By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 23. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works/ City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 24. CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article t5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. IN WITNESS WHEREOF, date first above written. DATED: DATED: the parties hereto have caused this Contract to be executed on the CONTRACTOR: 1467 Circle City Drive Corona, CA 92879 (951) 273-9600 jason@hillcrestcontracting.com Signatures of two corporate officers required for Corporations ATTEST: Randi Johl APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Signature Glenn J. Salsbury Print or type Name President Print or type Title By: Signature Einer G. Lindholm Print or type Name Vice President/Secretary Print or type Title CITY OF TEMECULA By: Matt Rahn, Mayor Capital Improvement Program Fiscal Years 2018-22 TEMECULA PARK AND RIDE Infrastructure / Other Project Project Description: This project includes the acquisition of properly, design, and construction of a Park and Ride facility in the vicinity of Temecula Parkway and La Paz Street. The Furniture, Fixtures and Equiprnent (FF&E) covers camera system Infrastructure. and other identified Information Technology needs. Benefit 1 Core Value: This project enables and encourages Temecula residents to carpool when commuting. In addition, this project satisfies the City's Core Value of A Sustainable City. Project Status: The project is anticipated to be complete in Fiscal Year 2017-18. Department: Public Works - Account No 210.165 747 PW06-09 Level: I Project Cost: Prior Years Actual Expenditures FYE 2017 2017-18 Carryover Adopted 201E-19 Budget Appropriation Projected 2019-20 Projected 2021-22 Projected 2020-2i end Future Pro Veers Fc9tal Project Cost Administration Acquisition $ 463.155 $ 187,530 $ 78,085 $ 258,170 541,240 $ 187,530 Construction $ 639,119 $ 1,024,843 $ 482,844 $ 2,146,806 Construction Engineering $ 216,989 $ 54,481 $ 76,000 $ 97,900 $ 347,470 DesignlEnvironmental $ 195,566 $ 100,189 General Fundy' $ 772,480 $ 56,648 $ 300,674 $ 295,755 Information Technology $ 1,129,802 Total Funding: $ 1,738,595 $ 1,355,498 $ 558.844 Equipment $ 2,100 $ 97,900 $ - $ 3,652,937 $ 100,000 MSHCP $ 34,136 $ 34.136 Totals $ 1.738.595 $ 1,355,498 $ 558,844 $ -, $ $ - 11.21.0637 Source of Funds: Prior Years FYE 2017 2017-18 Actual Carryover Adopted 2018-19 Expenditures Budget Appropriation Projected 2019-20 2020-21 2021-22 Projected Projected Projected Total Project Cost AB 2766 $ 884,215 $ 258,170 $ 1,122,385 CMAQI" $ 99,800 $ 1,200,950 $ 1.300,750 DIF lPoxce Facilities) $ 2,100 $ 97,900 $ 100,000 General Fundy' $ 772,480 $ 56,648 $ 300,674 $ 1,129,802 Total Funding: $ 1,738,595 $ 1,355,498 $ 558.844 $ - $ - $ - $ - $ 3,652,937 Future Operation & Maintenance Costs: 2017-18 ROIRIERBIBMJit t I Congestion Mitigation and Ai Oialey ICMAOI Funds approved by the RCTC on January 8 2014 (210n 01/2412017, City Council Approved 8330.000 Additional Appopriaton from General Fund Contnbutons 201E-19 2019-20 2020-21 2021-22 139 infrastructure / Other Projects Location 138 Item No. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: January 9, 2018 SUBJECT: Accept Improvements and File the Notice of Completion for the Citywide Concrete Repairs Fiscal Year 2016-17, PW16-04 PREPARED BY: Avlin Odviar, Senior Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve an additional appropriation of $10,474 from the Measure "S" Fund Balance to the Citywide Concrete Repairs Fiscal Year 2016-17, PW16-04; 2. Approve an increase to the contingency, by $10,474 for the Citywide Concrete Repairs Fiscal Year 2016-17, PW16-04 and increase the City Manager change order approval authority by the same amount; 3. Accept the improvements for the Citywide Concrete Repairs Fiscal Year 2016- 17, PW 16-04 as complete; 4. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 5. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On February 14, 2017, the City Council awarded a Construction Contract to EBS General Engineering, Inc., for $242,022.00, and authorized the City Manager to approve change orders not to exceed a 10% contingency of $24,202.00 to complete the Citywide Concrete Repairs Fiscal Year 2016-17, PW 16-04. After the construction contract started, Street Maintenance staff identified additional areas that would also benefit from concrete repair and recommended these areas be included in the scope of work. The additional items of work involved removing and replacing concrete at various locations such as curb and gutter, sidewalk, sidewalk drains, and all traffic control. However, a portion of the cost this additional concrete removal work exceeded the remaining contingency and therefor necessitates an increase to the contingency in order to close out the project. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from September 27, 2017, the date the Project was substantially completed. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Citywide Concrete Repairs Fiscal Year 2016-17, PW16-04, is funded by Measure S. The original Contract amount was $242,022.00, the approved contract change order and remaining contingency total $24,202.00. An additional appropriation of $10,474 from the Measure "S" fund balance is needed to close out the project. This will bring the total project cost to $276,698.00. With the additional requested appropriation from the Measure "S" fund balance, adequate funds will be available in the project accounts to closeout the project. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release 3. Maintenance Bond RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to EBS General Engineering, 1320 E. Sixth Street #100, Corona, CA. 92879 to perform the following work of improvement: Citywide Concrete Repairs Fiscal Year 2016-17 Project No. PW 16-04 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on January 9, 2018. That upon said contract The Suretec Insurance Company, 3033 5th Street, San Diego, CA 92103, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Citywide Concrete Repairs Fiscal Year 2016-17 Project No. PW 16-04 6. The location of said property is: Portions of Temecula, California. Dated at Temecula, California, this 9th day of January, 2018. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 9th day of January, 2018. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for CITYWIDE CONCRETE REPAIRS FISCAL YEAR 2016-17 PROJECT NO. PW16-04 This is to certify that EBS General Engineering, Inc. (hereinafter the °Contractor') declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as CITYWIDE CONCRETE REPAIRS FISCAL YEAR 2016-17, PROJECT NO. PW16- 04, situated in the City of Temecula, State of California, more particularly described as follows: Citywide - Various Locations, City of Temecula ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. Dated: 9/28/17 By: CONTRACTOR: Signature Joseph A. Nanci, President Print Name and Title RELEASE R.1 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 4410289 PREMIUM: INCLUDED IN PERFORMANCE BOND MAINTENANCE BOND for CITYWIDE CONCRETE REPAIRS FISCAL YEAR 2016-17 PROJECT NO. PW16-04 KNOW ALL PERSONS BY THESE PRESENT THAT EBS GENERAL ENGINEERING, INC. 1320 E. SIXTH STREET #100 CORONA, CA 92879 NAME AND ADDRESS OF CONTRACTOR a CORPORATION (hereinafter called 'Principal"), and OR in whether a Corporation. Partnership, or Individual) SURETEC INSURANCE COMPANY 3033 5TH STREET, SAN DIEGO, CA 92103 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called Owner") in the penal sum of ' lY-SIX THOUSAND THIRTY-THREE DOLLARS AND THIRTY -Two CENTS ($ 26,033.32 ) in lawful money of the United States, said sum being not Tess than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which. we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 14TH day of FEBRUARY , 2017 , a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE CONCRETE REPAIRS FISCAL YEAR 2016-17, PROJECT NO. PW16-04. WHEREAS, said Contract provides that the Principal will . furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period: and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 15TH day of AUGUST , 20 17 _ NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terns of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND �1B Asa part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and lees shall be included. including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and Included in any judgment rendered The Surely hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications Signed and sealed this 28TH day of SEPTEMBER . 20 17 (Seal) CHARLES L. FLAKE (Name) ATTORNEY-IN-FACT (Title) APPROVED AS TO FORM: PRINCIPAL: EBS GENERAL ENGINEERING, INC. By (Name) SSktr (1 ille) Joseph Nand By: (Name) Peter M Thorson, City Attorney (Title) NOTE; Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. �AAINTENANCE BOND MB 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 9/28/17 Oate before me, Erin A Sherwood personally appeared Charles L. Flake } Insert Name of Notary exactly as K appears on the olricual seal . Notary Public, Name(s) ol Swells) ERIN A. SNER4y p Commission r 2118628 ▪ Notary Puns - California Orange CouLty MyMy Comm.ollies Jul 6 40,14$ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal. Signature OPTIONAL Signe ry Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Number of Pages ❑ individual ❑ Corporate Officer — Title(s) ❑ Partner 0 Limited 0 General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: RIGH1 THU'.13PFil VI OF SIGNER Top of thumb here Signer's Name: O Individual O Corporate Officer—Title(S)_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here PO/: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall continue in force until 12/31!2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20°r of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 8th day of August , A.D. 2017 . State of Texas County of Harris ss: On this 8th day of August , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that be resides in Houston, Texas, that be is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. 11. XENIA XENIA CHAVEZ Notary Public. State of Texas may:,•J Comm. Expires 09-10-2020 ,;:•` Notary ID 129117659 X ia - I avez, Notary Public y commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 28TH d of SE //fl 1 B nt Be , Assistant Se etary 2017 , A.D. Any Instrument issued in excess of the penalty stated above Is totally veld and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 6:00 pm CST. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Riverside } On October 4, 2017 before me , Notary } K. Fairweather Dote Public, personally appeared Joseph Nanci insert Name and Title of the officer Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stat [or o paragraph is true and correct. WITNESS my hand and official seal. ----------------------------- OPTIONAL ough this section is optional, completing this information con deter alteration of the document or fraudulent attachment of this form to an unintended document. Notiry Public - California K. CAM,* / Riverside County Commission 12140313 - Co* i . Esoios r 21, 2020 Description of Attached Document Title or Type of Document; Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signers Name: ❑ Corporate Officer — Title(s) ❑ Partner - ❑ Limited O General O Individual UAttorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer—Title(s) O Partner - ❑ Limited 0 General ❑ Individual ❑Attorney in Fact 0 Trustee OGuardian or Conservator 0 Other: Signer is Representing: ACTION AND RESOLUTION BY THE BOARD OF DIRECTOR OF EBS GENERAL ENGINEERING, INC A CALIFORNIA CORPORATION All of -the Board of.Directors of EBS General Engineering. Inc.. desiring to insure that all the proper and authorized individuals, who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting on January 3, 2010. The Board, following a review of the foregoing miner, and upon motion made and seconded, the Board of Directors hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that Joseph Nanci is hereby designated. authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind, obligate and commit EBS General Engineering, Inc. to any and all contracts executed by and between EBS General Engineering, Inc. and any other contracting party• There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DIRECTORS Date: January 3, 2010 ioseplylCfanci, Sok Director ATTESTATION • I, being the Secretary of the above referenced corporation, do hereby certify that the ' .• above resolution is the resolution of the corporation. Dated: 1/1/0 Josep)i' and, Secretary TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 16 ACTION MINUTES December 12, 2017 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 3:15 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 16 Approve the Action Minutes of November 28, 2017 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 16.1 That the Board of Directors approve the action minutes of November 28, 2017. 17 Approve the Temecula Community Services District Cumulative Purchase of Miscellaneous Goods, Supplies and Equipment Anticipated to Exceed $30,000 Per Vendor for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 17.1 That the Board of Directors approve the purchase of miscellaneous consumable and durable goods, supplies and equipment from the following vendors for Fiscal Year 2017-18: Vendor FY 17-18 Amount Description of Purchases Amazon $45,000 Library Books, Goods, Supplies and Equipment for TCSD Programs and Events Costco $45.000 Goods and Supplies for TCSD Programs and Events 18 Receive and File the City of Temecula Amended Salary Schedule to Include Minimum Wage Adjustments Effective January 1, 2018 - Approved Staff Recommendation (5- 0); Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 18.1 Receive and file the City of Temecula Amended Salary Schedule to be Effective January 1, 2018: 1 18.2 Appropriate $102,078 from the Temecula Community Services District available fund balance. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 3:17 PM, the Community Services District meeting was formally adjourned to Tuesday, January 9, 2018, for a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Randi Johl. Secretary [SEAL] 2 ACTION MINUTES TEMECULA CITY COUNCIL ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 12, 2017 — 3:00 PM No Closed Session At 3:03 PM Mayor Edwards called the City Council meeting to order to consider the matters described on the Closed Session agenda. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: None Invocation: To Be Announced Flag Salute: Council Member Mike Naggar ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Introduction of Jessica Munoz, Riverside Vice -President of Voices for Children, the Non - Profit Training Arm of Court Appointed Special Advocates (CASA) PUBLIC COMMENTS The following individuals addressed the City Council: • Evan Cohen CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of November 28, 2017 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 1 2.1 That the City Council approve the action minutes of November 28, 2017, 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of October 31, 2017 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of October 31, 2017. 5 Approve the Citywide Cumulative Purchase of Miscellaneous Goods, Supplies and Equipment Anticipated to Exceed $30,000 Per Vendor for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 5.1 That the City Council approve the purchase of miscellaneous consumable and durable goods, supplies and equipment from the following vendors for Fiscal Year 2017-18: Vendor FY 17-18 Estimated Amount Description of Purchases Downs Fueling $50,000 Vehicle Gasoline Hanks Hardware $85,000 Miscellaneous Hardware Items Home Depot $35,000 Miscellaneous Hardware Items Maintex $35,000 Janitorial Supplies Mission Electric $35,000 Electrical Equipment and Supplies Waxie Sanitary Supplies $40,000 Janitorial Supplies 6 Approve a Five -near Contract with MUFG Union Bank, N.A. for Banking Services - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 2 6.1 Approve a Five -Year Contract with MUFG Union Bank, N.A., for banking services; 6.2 Authorize the City Manager and City Attorney to execute all necessary agreements. 7 Approve a Consultant Services Agreement with SDI Presence, LLC, for IT Inventory, Assessment, and Lifecycle Plan Consulting - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 7.1 Approve a Consultant Services Agreement with SDI Presence, LLC, in an amount not to exceed $93,325, for IT Inventory, Assessment, and Lifecycle Planning Services; 7.2 Authorize the City Manager to approve Contract Change Orders up to 10% of the contract amount or $9,333; 7.3 Appropriate $102,658 from Fund 320 — Information Technology Available Fund Balance. 8 Approve a Consultant Services Agreement with SoftResources, LLC, for Asset Management Consulting and Project Management Services - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 8.1 Approve a Consultant Services Agreement with SoftResources, LLC, in an amount not to exceed $283,890, for Asset Management Consulting and Project Management Services; 8.2 Authorize the City Manager to approve Contract Change Orders up to 10% of the contract amount or $28,389; 8.3 Appropriate $312,279 from Fund 320 — Information Technology, funded through an interfund transfer from the Measure S Fund in the amount of $135,251, an interfund transfer from the General Fund in the amount of $77,028, and a $100,000 appropriation from Fund 320's available Fund Balance. 9 Approve the Amended Salary Schedule to Include Minimum Wage Adjustments Effective January 1, 2018 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 9.1 Approve the Amended Salary Schedule to be Effective January 1, 2018; 9.2 Appropriate $44,129 from the General Fund available fund balance, and $14,350 from Fund 320 - Information Technology available fund balance. 3 10 Approve the Riverside County Transportation Commission (RCTC) Agreement for Funding Under Senate Bill 821 Bicycle and Pedestrian Facilities Program, and Authorize the City Manager to Execute the Agreement - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 10.1 Approve the Riverside County Transportation Commission (RCTC) Agreement for Funding under Senate Bill 821 Bicycle and Pedestrian Facilities Program for program funding for the Citywide Buffered Bike -Lane Striping project; 10.2 Authorize the City Manager to execute the Agreement. 11 Approve Access Easement Agreement and Reimbursement Agreement with Temecula Valley Hospitality, LLC, for Temecula Parkway/Wabash Lane Traffic Signal Improvements and Certain Onsite Improvements Related to the Temecula Park and Ride Project - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 11.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ACCESS EASEMENT AGREEMENT AND REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA VALLEY HOSPITALITY, LLC FOR TEMECULA PARKWAY/WABASH LANE TRAFFIC SIGNAL IMPROVEMENTS AND CERTAIN ONSITE IMPROVEMENTS; AND FINDING THE CITY'S ACTION EXEMPT FROM CEQA 12 Approve the First Amendment to a Three -Year Agreement with Counts Unlimited, Inc. for Contractor Services for Fiscal Year 2017-18 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 12.1 That the City Council approve the First Amendment to a Three -Year Agreement for Contractor Services with Counts Unlimited, Inc., in the amount of $20,000, for Citywide Traffic Count Data Collection for Fiscal Year 2017-18. 13 Amend the Capital Improvement Program Budget for Fiscal Years 2018-22 to Add the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, PW08-04, as a Standalone Project, and Remove the Project from the Bike Lane and Trail Program — Citywide Project Budget - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4 13.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2018-22 TO ADD THE SANTA GERTRUDIS CREEK PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT, PW08-04, AS A STANDALONE PROJECT, AND REMOVE THE PROJECT FROM THE BIKE LANE AND TRAIL PROGRAM — CITYWIDE PROJECT BUDGET 14 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for the Sidewalks — Old Town Boardwalk Enhancement, PW17-16 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 14.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Sidewalks — Old Town Boardwalk Enhancement, PW 17-16; 14.2 Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 15 Establish an All -Way Stop Control at the Intersections of Temeku Drive and Pin Way/Legends Golf Club Driveway, and Temeku Drive and Gleneagles Drive - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 15.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTIONS OF TEMEKU DRIVE AND PIN WAY/LEGENDS GOLF CLUB DRIVEWAY, AND TEMEKU DRIVE AND GLENEAGLES DRIVE RECESS: At 3:15 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 3:17 PM, the City Council resumed with the remainder of the City Council Agenda. 5 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 19 Consider the Altair Specific Plan Project Including a General Plan Amendment, a Specific Plan, a Tentative Tract Map, and a Development Plan (Planning Application Nos. PA14-0158, PA14-0159, PA14-0160, and PA14-0161) - Approved Staff Recommendation (44); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Naggar, Rahn, and Edwards with Stewart voting no. The following individuals addressed the City Council on this item: • Greg Brooks • Mary Lou Rosczyk • John Kelliher • Darren Diess • Armando Garcia • Grant Anderson • Cynthia Harris • Tim Noonan • J.P. Rose • Matt Weaver • Pam Nelson • Ed Morel • Trish Smith • Cara Lacey • Dan Silver • Alice Sullivan • Jeff Gutowski • Robin Parks • Mary Bear Magee • Gerard Ste. Marie • Karin Cleary -Rose • Matt Nelson • Ms. Miller • Wayne Hall RECOMMENDATION: That the City Council conduct a Public Hearing and consider the Altair Project including a General Plan Amendment, a Specific Plan, a Tentative Tract Map, and a Development Agreement (Planning Application Nos. PA14-0158, PA14-0159, PA14-0160, and PA14-0161) and adopt related resolutions and introduce ordinance: 19.1 Adopt a resolution entitled: RESOLUTION NO. 17-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING 6 PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES, GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APN 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310- 048, AND 940-320-001 THROUGH 940-320-007) 19.2 Adopt a resolution entitled: RESOLUTION NO. 17-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE CURRENT ALIGNMENT OF THE PROPOSED WESTERN BYPASS, AND TO RECOGNIZE THE PROPOSED LAND USES IDENTIFIED IN THE ALTAIR SPECIFIC PLAN BY REPLACING INDUSTRIAL PARK (IP), OPEN SPACE (OS), MEDIUM DENSITY RESIDENTIAL (M), HIGH DENSITY RESIDENTIAL (H), AND HILLSIDE RESIDENTIAL (HR) WITH SPECIFIC PLAN IMPLEMENTATION (SPI) ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) 19.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 18-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310- 048, AND 940-320-001 THROUGH 940-320-007) 19.4 Adopt a resolution entitled: RESOLUTION NO. 17-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP 36959 TO SUBDIVIDE 270 ACRES INTO 63 NUMBERED LOTS TO DEFINE THE OPEN SPACE AND THE VILLAGE AREAS, AND 20 LETTERED LOTS TO DEFINE PUBLIC AND PRIVATE STREETS FOR THE ALTAIR SPECIFIC PLAN GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) 19.5 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 18-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007) CITY COUNCIL BUSINESS 20 Adopt Ordinance Reauthorizing the Public, Educational and Government Fee for Cable Television Franchisees — On 20.1, Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. On 20.2, Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Stewart; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 20.1 Introduce and read by title only the following ordinance: ORDINANCE NO. 18-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAUTHORIZING AND READOPTING THE CITY'S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE 20.2 Adopt by 4/5 vote the following ordinance: ORDINANCE NO. 17-14 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAUTHORIZING THE CITY'S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE ADJOURNMENT 8 JOINT MEETING OF THE CITY COUNCIL AND TEMECULA COMMUNITY SERVICES DISTRICT 21 Appoint the Mayor and Mayor Pro Tem for Calendar Year 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. For the 2018 calendar year, Mayor Pro Tempore Matt Rahn was selected as Mayor and Council Member Mike Naggar was selected as Mayor Pro Tempore. RECOMMENDATION: 21.1 Appoint the Mayor, effective January 1, 2018, to preside until December 31, 2018; 21.2 Appoint the Mayor Pro Tem, effective January 1, 2018, to hold this office until December 31, 2018. 22 Appoint the President and Vice -President of the Temecula Community Services District for Calendar Year 2018 - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. For the 2018 calendar year, Council Member Jeff Comerchero was selected as TCSD President and Council Member James Stewart was selected as Vice -President. RECOMMENDATION: 22.1 Appoint the President, effective January 1, 2018, to preside until December 31, 2018; 22.2 Appoint the Vice -President, effective January 1, 2018, to hold this office until December 31, 2018. ADJOURNMENT BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 9:17 PM, the City Council meeting was formally adjourned to Tuesday, January 9, 2018, for a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California_ Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] 9 Item No. 17 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General ManagerlBoard of Directors FROM: Jennifer Hennessy, Director of Finance DATE: January 9, 2018 SUBJECT: Approve Financial Statements for the 15' Quarter Ended September 30, 2017 PREPARED BY: Pascale Brown, Fiscal Services Manager Jordan Snider, Accountant I RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the 1st Quarter Ended September 30, 2017. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Temecula Community Services District for the 15' Quarter Ended September 30, 2017. Please see the attached Financial Statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of September 30, 2017 2. Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the 15t Quarter Ended September 30, 2017 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of September 30, 2017 Parks & Recreation ASSETS: Service Service Level Service Level Level B C Slope D Refuse Street Lights Maintenance Recycling Cash and Investments $ 1,381,546 $ 109,082 $ 1,198,942 $ 332,349 Receivables LIABILITIES: 46,302 4,326 5,140 121,150 TOTAL ASSETS $ 1.427,848 $ 113,408 $ 1,204,082 $ 453,499 Other Current Liabilities $ 537,913 $ 571 $ 130,932 $ 3,632 TOTAL LIABILITIES 537,913 571 130,932 3,632 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: Nonspendable: Deposits Restricted For: Community Services TOTAL FUND BALANCES 889,935 112,837 1,073,150 449,867 889,935 112,837 1,073,150 449,867 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ 1,427,848 $ 113,408 S 1.204,082 S 453,499 NOTE: Balances are unaudited TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of September 30, 2017 ASSETS: Cash and Investments Receivables TOTAL ASSETS LIABILITIES: Other Current Liabilities TOTAL LIABILITIES DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: Nonspendable: Deposits Restricted For: Community Services TOTAL FUND BALANCES TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES NOTE: Balances are unaudited Service Level R Service Street Road Level L Library Public Art Total Maintenance Lake Park Maint. $ 23,415 $ 338.573 $ 318,587 $ 90,023 $ 3,792,517 367 1,329 1.266 234 180,114 23,782 $ 339,902 $ 319,853 $ 90,257 $ 3,972,631 $ 14,518 $ 72.764 $ $ 760,330 14,518 72.764 760,330 23,782 325,384 247,089 90,257 3,212,301 23,782 325.384 247,089 90.257 3.212.301 $ 23,782 $ 339,902 $ 319,853 $ 90,257 $ 3,972,631 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REVENUES: Special Tax (Measure C) Recreation Funding(Measure S) Recreation Program Investment Interest TOTAL REVENUES EXPENDITURES: CITYWIDE OPERATIONS for the lst Quarter Ended September 30, 2017 Annual Amended YTD Activity Encumbrances Budget $ 1,859,061 $ 19,916 $ 5,341,503 $ 1.335,376 2,730,714 $ 932,434 1,700 4,320 9,932,978 2.292,046 Total Activity Budget $ 19,916 1% (1) 1,335,376 25% 932,434 34% 4,320 254% (2) 2,292,046 23% General Operations 2,142,341 527,322 125,276 652,598 30% Senior Center 356,430 82,061 26,417 108,478 30% Community Recreation Center (CRC) 948,551 282,412 61,614 344,026 36% Recreation Programs 904,876 226,205 133,616 359,821 40% Temecula Community Center (TCC) 215,530 51,634 15,976 67,610 31% Museum 390,879 77,750 31,532 109,282 28% Aquatics 906,260 285,156 119,934 405,090 45% Sports 347,227 64,299 53,771 118,070 34% Children's Museum 306,581 65,421 21.647 87,068 28% Community Theater 1,317,882 345,519 178,512 524,031 40% Cultural Arts 236,262 44,598 13,474 58,072 25% Conference Center 95,07D 20,440 1,800 22,240 23% Human Services 182,170 51,325 12,513 63,838 35% Margarita Recreation Center 119,654 28,898 12,996 41,894 35% Jefferson Recreation Center 38,470 8,611 4,874 13,485 35% Contract Classes 859,073 240,644 14.841 255,485 30% Park Rangers 192,696 50,974 1,000 51,974 27% Responsible Compassion 415,922 87,548 - 87,548 21% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Transfers Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 9,975,874 2,540,817 829,793 3.370,610 34% (3) (42,896) (248,771) 1,138, 706 1,138, 706 $ 1,095,810 $ 889,935 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to the change in the fair value on investments, fluctuating interest rates. and improved cash flows. (3) The variance is operating expenditures is due to encumbrances that are recorded for the entire fiscal year. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS for the 1st Quarter Ended September 30, 2017 Annual Amended Budget REVENUES_ Total YTD Total % of Activity Activity Budget Assessments $ 641.384 $ 3.974 $ 3.974 1% (1) Recreation Funding(Measure S) 360.251 90.063 $ 90.063 25% Investment Interest 408 $ 408 100% (2) TOTAL REVENUES 1,001.635 EXPENDITURES: 94,445 94,445 9% Salaries and Wages 17.211 4.438 4,438 26% Street Lighting Fees 955,000 146,218 146,218 15% (3) Properly Tax Admin Fees 12.500 - 0% (1) TOTAL EXPENDITURES 984.711 150,656 150,656 15% Revenues Over/(Under) Expenditures 16.924 (56,211) Beginning Fund Balance as of 7/01/2017 169,048 169,048 Ending Fund Balance as of 9130/2017 $ 185,972 $ 112.837 (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to the change in the fair value on investments. fluctuating interest rates, and improved cash flows. (3) The variance in Street Lighting is due to timing of payment to Southern California Edison. REVENUES: Assessments Investment Interest TOTAL REVENUES TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL C - PERIMETER LANDSCAPING AND SLOPE MAINTENANCE for the 1st Quarter Ended September 30, 2017 Annual Amended Budget Total YTD Activity Encumbrances Total % of Activity Budget $ 1,585,636 S - $ - $ - 0% (1) 9,030 4,756 4,756 53% (2) 1,594,666 4,756 4,756 0% EXPENDITURES: Zone 1 Saddlewood 37,082 10,710 19.597 30.307 82% Zone 2 Winchester Creek 41.573 10,999 20,604 31.603 76% Zone 3 Rancho Highlands 39.881 15.904 14,338 30.242 76% Zone 4 The Vineyards 6,505 1,546 3,053 4,599 71% Zone 5 Signet Series 34.004 7,465 14,247 21.712 64% Zone 6 Woodcresl Country 22.107 3,653 13.079 16.732 76% Zone 7 Ridgeview 15.831 2,887 5,829 8.716 55% Zone 8 Village Grove 125,194 34,053 58,214 92.267 74% Zone 9 Rancho Solana 4.369 955 762 1.717 39% Zone 10 Martinique 9.071 2,243 2.414 4.657 51% Zone 11 Meadowview 2,512 444 937 1,381 55% Zone 12 Vintage Hills 85,846 28.013 31.316 59,329 69% Zone 13 Presley Development 30,618 8.264 11.534 19,798 65% Zone 14 Morrison Homes 13,763 3.156 4.518 7,674 56% Zone 15 Barclay Estates 8.545 1.766 3.903 5.669 66% Zone 16 Tradewinds 35,801 9.897 18.646 28,543 80% Zone 17 Monte Vista 2.222 434 657 1,091 49% Zone 18 Temeku Hills 92,280 20,559 39,815 60,374 65% Zone 19 Chantemar 52,935 10,961 29,453 40,414 76% Zone 20 Crowne Hill 164,187 41,322 68,150 109,472 67% Zone 21 Vail Ranch 211,365 49.588 102,339 151,927 72% Zone 22 Sutton Place 4,184 811 1,377 2,188 52% Zone 23 Pheasent Run 8,118 1,746 2,387 4,133 51% Zone 24 Harveston 153,548 45,330 56,203 101.533 66% Zone 25 Serena Hills 42,554 8,357 16,104 24,461 57% Zone 26 Gallery Tradition 2.774 564 777 1.341 48% Zone 27 Avondale 8.836 2,164 2,886 5.050 57% Zone 28 Wolf Creek 210.973 47,767 99.100 146.867 70% Zone 29 Gallery Portrait 2.769 555 777 1,332 48% TOTAL EXPENDITURES Revenues Overl(Under) Expenditures Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 1.469,447 372.113 125.219 (367.357) 1,440.507 1.440, 507 $ 1,565.726 $ 1,073,150 643,016 1.015,129 69% NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to the change in the fair value on investments, fluctuating interest rates. and improved cash flows. (3) The variance in expenditures is due 10 encumbrances that are recorded for the entire year. (3) TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL D - REFUSE COLLECTION, RECYCLING & STREET SWEEPING for the 1st Quarter Ended September 30, 2017 Annual Amended Total YTD Budget Activity REVENUES: Encumbrances Total % of Budget Activity Assessments $ 7,683,210 $ 48,663 $ $ 48 663 1% (1) Recycling Program/Grant 18,000 - - 0% (2) Investment Interest 2,200 1,268 1,268 58% (3) TOTAL REVENUES 7,703,410 49,931 49.931 1% EXPENDITURES: Salaries and Wages Department of Conservation Grant Refuse Hauling Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7(01/2017 Ending Fund Balance as of 9/30/2017 116,772 28,599 - 28,599 24% 50,239 - 0% 7,690,842 - - 0% 66,855 12,682 12,682 19% 7,924,708 28,599 12,682 41,281 1% (4) (221,298) 21,332 428.535 428,535 $ 207.237 $ 449,867 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) Recycling grant program revenues are expected to be received by the end of this fiscal year. (3) The variance is due to the change in the fair value on investments, fluctuating interest rates, and improved cash flows. (4) The variance in expenditures is due to the first payment to CR&R for refuse hauling services is not due until January 2018. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL R - STREETS AND ROADS for the 1st Quarter Ended September 30, 2017 REVENUES: Assessments Investment Interest Annual Total YTD Total % of Amended Activity Encumbrances Activity Budget Budget $ 5,532 $ 288 $ 288 5% (1) 200 83 - 83 42% (2) TOTAL REVENUES 5,732 371 - 371 EXPENDITURES: Emergency Street Maintenance Property Tax Admin Fees TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 6% 9.690 - - 0% (3) 160 0% (1) 9.850 - 0% (4.118) 23.411 371 23,411 $ 19.293 $ 23,782 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. (3) The variance is due to the timing of Emergency Street Maintenance repair during this quarter. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL L - LAKE PARK MAINTENANCE for the 1st Quarter Ended September 30, 2017 Annual Amended Total YTD Budget Activity REVENUES: Encumbrances Assessments $ 239,475 $ - $ Harveston Lake Boat Fees 4,200 1,247 Investment Interest 2.700 1.298 TOTAL REVENUES EXPENDITURES: Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/0112017 Ending Fund Balance as of 9/30/2017 246,375 2,545 Total % of Activity Budget 0% (1) 1,247 30% 1,298 48% (2) 2,545 1% 15.689 5,027 5,027 32% 235,989 56,487 100,217 156,704 66% 251,678 61,514 100,217 161,731 64% (3) (5,303) (58,969) 384.353 384.353 379,050 $ 325,384 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variances due to the change in the fair value on investment as well as fluctuating interest rates. (3) The variance in expenditures is due to encumbrances that are recorded for Lake Park. Rehabilitation and Landscape maintenance services for the entire fiscal year. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA LIBRARY for the 1st Quarter Ended September 30, 2017 Annual Amended Budget REVENUES: Total YTD Activity Encumbrances Total % of Activity Budget Library Services S 112,925 $ 30,028 $ $ 30,028 27% Recreation Funding(Measure 5) 726,734 181,684 181,684 25% Investment Interest 3,400 800 - 800 24% TOTAL REVENUES EXPENDITURES: 843,059 212.512 Salaries and Wages 67,593 Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 212,512 25% 18,137 18,137 27% 802,801 192,119 215,500 407,619 51% (1) 870.394 210,256 215,500 _ 425,756 49% (27.335) 2,256 244.833 244,833 $ 217,498 $ 247,089 NOTES: (1) The variance in expenditures is due to encumbrances that are recorded for Library Services and Library Maintenance for the entire fiscal year. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REVENUES: Public Art Revenues Investment Interest PUBLIC ART for the 1st Quarter Ended September 30, 2017 Annual Amended Total YTD Total % of Budget Activity Activity Budget $ 64,417 $ 21,370 $ 21.370 33% (1) 80 282 282 100% (2) TOTAL REVENUES 64,497 Revenues Over/(Under) Expenditures and Other Financing Sourcesf(Uses) Beginning Fund Balance as of 7/01/2017 Ending Fund Balance as of 9/30/2017 21,652 21.652 34% 64.497 21,652 68,605 133.102 68.605 90,257 NOTES: (1) The variance in Public Art revenues is due to the timing of developer pulling permits. (2) The variance is due to the change in the fair value on investments, Fluctuating interest rates, and improved cash flows. Item No. 18 Approvals City Attorney Director of Finance City Manager lc 0 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: January 9, 2018 SUBJECT: Approve a Cooperative Agreement with Temecula Grape Stompers Square Dance Club in Support of Facility Use PREPARED BY: Gwen Willcox, Community Services Manager RECOMMENDATION: That the Board of Directors approve the Cooperative Agreement with Temecula Grape Stompers Square Dance Club in support of facility use. BACKGROUND: The District has had a long-standing verbal sponsorship of the Temecula Grape Stompers Square Dance Club, which includes facility and staff support at multiple facilities throughout the year. Currently, Grape Stompers Square Dance Club holds four meetings per month at the Mary Phillips Senior Center, with an in-kind value of $8,607 annually. In addition, Temecula Grape Stompers Square Dance Club uses the Community Recreation Center for monthly dances, which have a total in-kind value of $1,496 annually. FISCAL IMPACT: These costs are allocated in the TCSD Annual Operating Budget. ATTACHMENTS: Cooperative Agreement COOPERATIVE AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA GRAPE STOMPERS SQUARE DANCE CLUB THIS AGREEMENT is made and effective as of this 9TH day of January, 2018, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Grape Stompers Square Dance Club, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a.) The Nonprofit shall hold meetings (hereinafter referred to as the "Event") one time each month at the Community Recreation Center (room based on availability) as follows, or on alternate dates pending facility availability as determined by Staff. Future dates will be determined based on room availability determined by Staff: 01/20/2018 5:30 pm to 9:30 pm 03/17/2018 5:30 pm to 9:30 pm 05/19/2018 5:30 pm to 9:30 pm 07/21/2018 5:30 pm to 9:30 pm 09/15/2018 5:30 pm to 9:30 pm 11/17/2018 5:30 pm to 9:30 pm 02/17/2018 5:30 pm to 9:30 pm 04/21/2018 5:30 pm to 9:30 pm 06/16/2018 5:30 pm to 9:30 pm 08/18/2018 5:30 pm to 9:30 pm 10/20/2018 5:30 pm to 9:30 pm 12/01/2018 5:30 pm to 9:30 pm i. The Meetings are open to the general public for members of the Nonprofit to conduct business. ii. The Nonprofit is responsible for set up and clean up. b.) The Nonprofit shall hold Square Dancing Lessons (hereinafter referred to as the "Event") one time each week at the Mary Phillips Senior Center (room based on availability). • Every Monday (except observed holidays) i, The Meetings are open to the general public for members of the Nonprofit to conduct business. ii. The Nonprofit is responsible for set up and clean up. iii. The Nonprofit shall have access to the single top shelf in the Kitchen Pantry to store refreshment items. c.) Alcohol will not be served at any of the above mentioned events/programs. d.) The City desires to be a Co -Sponsor of all the above mentioned activities/events, providing in-kind support including facilities as described in Exhibit B. 2. TERM This Agreement shall commence on January 9, 2018 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2021 unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two one-year terms. In no event shall the contract be extended beyond December 31, 2023. 3. CONSIDERATION a. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within thirty (30) days after the conclusion of the event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. 5. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 6. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 7. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by January 20, 2018, 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) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: 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) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 8. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 9. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 10. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. 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 (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: To Recipient: City of Temecula Attn: Executive Director 41000 Main Street Temecula, CA 92590 Temecula Grape Stompers Square Dance Club Attn: Jerold Davis P.O. Box 2498 Fallbrook, CA 92088 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. 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. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The Executive Director is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES TEMECULA GRAPE STOMPERS SQUARE DISTRICT DANCE CLUB (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, President Jerold Davis, Co -President ATTEST: By: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Agnes Gaertner, Co -President Peter M. Thorson, General NONPROFIT Counsel Temecula Grape Stompers Square Dance Club Attn: Jerold Davis P.O. Box 2498 Fallbrook, CA 92088 flyingsquaredancer@gmail.com PM Initials: w Date: EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Temecula Grape Stompers Square Dance Club shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements, flyers. press releases, or other promotional material EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Nonprofit meetings. The following in-kind expenses can be anticipated per year for the events: CRC Facility Rental Total Costs: MPSC Rental Fee MPSC Staffing Fee TOTAL VALUE: $ 1,496 $ 5,814 $ 2,793 $10,103 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CONSENT Item No. 19 City Attorney Director of Finance City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Director of Finance DATE: January 9, 2018 SUBJECT: Approve Financial Statements for the 1st Quarter Ended September 30, 2017 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the 1st Quarter Ended September 30, 2017. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the 151 Quarter ended September 30, 2017. Please see the attached Financial Statements for analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: t _ Statement of Fiduciary Net Assets as of September 30, 2017 2. Statement of Changes in Fiduciary Net Assets -for the 1st Quarter Ended September 30, 2017. SARDA STATEMENT OF FIDUCIARY NET POSITION As of September 30, 2017 Successor Agency to the Former RDA ASSETS: Cash and Investments $ 16,810,412 Receivables 3,733 Land Held for Resale 98,484 Land 3,819,108 Property, Plant, and Equipment (net of accumulated depreciation) 27,726,435 TOTAL ASSETS $ 48,458,172 LIABILITIES: Accounts Payable Advances from City-SERAF Accrued Interest Payable Bonds Payable and Discount $ 35,240 5,250,954 881,309 79,625,469 TOTAL LIABILITIES 85.792,972 NET POSITION/(DEFICIT): TOTAL NET POSITION/(DEFICIT) (37,334.800) (1) Note: Amounts are unaudited (1) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. SARDA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION For the 1st Quarter Ending September 30, 2017 Successor Agency to the Former RDA ADDITIONS: Investment Earnings $ 22,577 Reimbursement 155,176 TOTAL ADDITIONS 177,753 DEDUCTIONS: Affordable Housing Obligations 305,000 Debt Service - Interest 1,169,747 Depreciation 294,999 Operations 3,083 TOTAL DEDUCTIONS 1,772,829 Change in Net Position Net Position/(Deficit) as of July 1, 2017 Net Position/(Deficit) as of September 30. 2017 Note: Amounts are unaudited (1,595,076) (35,739,724) $ (37,334,800) (1) (1) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. CITY COUNCIL BUSINESS Item No. 20 City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 9, 2018 SUBJECT: Introduce Ordinance Adding Chapter 8.49, City Tree Care and Preservation, to Title 8, Health and Safety, of the Temecula Municipal Code PREPARED BY: Stacy Fox, Parks and Landscape Maintenance Supervisor RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING A NEW CHAPTER 8.49, CITY TREE CARE AND PRESERVATION, TO TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE BACKGROUND: The State Legislature has determined that urban trees provide a myriad of environmental and economic benefits. [Public Resources Code § 4799.07.] Trees filter air pollutants, increase atmospheric oxygen levels, stabilize soils, reduce heat convection, control erosion, decrease wind speed, reduce the negative effects of solar glare, and enhance the biological diversity of wildlife and plant communities. Trees planted near buildings significantly cut energy consumption and related costs. Trees increase property values and revenue generated by the businesses, visitors, and new residents they attract. According to the Arbor Day Foundation, trees yield three- to- five -times their cost in overall benefits to a city. The City's urban forest is therefore a major asset, and like any valuable asset it requires appropriate care and protection. In addition to ensuring appropriate care and protection for the City's trees, the proposed Tree Care and Preservation Ordinance (the "Ordinance") would be an important step toward establishing the City's eligibility to participate in the Arbor Day Foundation's Tree City USA program. In order to receive the Tree City USA designation, a city must: 1. Enact a tree care ordinance tailored to its particular needs; 2. Designate a person, department or board responsible for the care of all city trees; 3. Spend at least $2 per capita on tree care: 4. Pass and recite an official Arbor Day proclamation. The Ordinance would codify the tree care standards and procedures found in the City's Tree Policy Manual, and designate the Public Works Director or his or her designee as the person authorized to enforce the Ordinance. The City already spends over $2 per capita on tree care, so enacting the ordinance would result in the City satisfying three out of four of the Tree City USA program requirements. To satisfy the fourth, the City must eventually pass and recite an official Arbor Day proclamation. FISCAL IMPACT: There is no fiscal impact. ATTACHMENTS: Ordinance ORDINANCE NO. 18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING A NEW CHAPTER 8.49, CITY TREE CARE AND PRESERVATION, TO TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.49, "City Tree Care and Preservation," is hereby added to Title 8, "Health and Safety," of the Temecula Municipal Code to read as follows: Chapter 8.49 City Tree Care and Preservation Sections: 8.49.010 Purpose 8.49.020 Definitions 8.49.030 Duties of the Public Works Director 8.49.040 Applicability 8.49.050 Protection of City Trees 8.49.060 Duties of Private Property Owners 8.49.070 Tree Care Authorization and Standards 8.49.080 Interference with Public Works Director 8.49.090 Violations and Penalties 8.49.100 Nonliability of City 8.49.010 Purpose The State Legislature has determined that urban trees provide myriad environmental and economic benefits. [Public Resources Code § 4799.07.] Trees filter air pollutants, increase atmospheric oxygen levels, stabilize soils, reduce heat convection, control erosion, decrease wind speed, reduce the negative effects of solar glare, and enhance the biological diversity of wildlife and plant communities. Trees planted near buildings significantly cut energy consumption and related costs, and increase property values and revenue generated by the businesses, visitors, and new residents they attract. The City's urban forest is thus a valuable asset that must be preserved. The purpose of this Chapter is to ensure that City trees receive appropriate care and protection. 8.49.020 Definitions As used in this Chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context: A. "City right-of-way" shall mean any easement retained by the City on a public street for the purpose of public improvements. B. "City tree" shall mean any tree within a City right-of-way or on City property. C. "City's Tree Policy" shall mean a document prepared by the Public Works Department which states policies, standards, procedures, and other relevant information regarding the selection, planting, maintenance, and removal of all City trees. D. "Department" shall mean the Department of Public Works. E. "Director" shall mean the Director of Department of Public Works, or his or her designee. F. "Landscape design plan" shall mean a plan for landscape design in accordance with either the Community Design Element of the City's General Plan or with a Specific Plan for a residential, commercial, office, or industrial development, pursuant to Chapter 17 of the Temecula Municipal Code. G. "Plant" shall mean to fix a tree in the ground. H. "Prune" shall mean to reduce the size of a tree in order to control the height and spread of a tree, lessen the wind resistance, preserve its health and natural appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within the tree branches, or make adjustments which will increase its longevity in an urban environment. I, "Remove" shall mean to sever a tree through its trunk or to uproot a tree from its location. J. "Root prune" shall mean to trim the root structure of a tree so as to remove broken or damaged roots, or to prevent further damage to hardscape and structures caused by surface or sub -surface roots. K. "Spray" shall mean to apply pesticide to a tree. L. "Tree care" shall mean the planting, pruning, root pruning, spraying, or removal of trees. 8.49.030 Duties of the Public Works Director The Public Works Director or his or her designee shall serve as the City's Tree Advisory Board. The Director shall oversee all care and maintenance of City trees and is authorized to enforce this Chapter. 8.49.040 Applicability This Chapter generally applies to all City trees, including those that are designated as Heritage Trees pursuant to the Heritage Tree Ordinance (Chapter 8.48 in Title 8 of the Temecula Municipal Code), except where the Heritage Tree Ordinance conflicts with or imposes stricter requirements than this Chapter, in which case the Heritage Tree Ordinance shall apply. 8.49.050 Protection of City Trees A. It is unlawful for any person to injure, cut, damage, burn, carve, transplant, prune, or root prune any City tree unless it is expressly authorized by this Chapter. B. It is unlawful for any person to attach or cause to be attached to a City tree any rope, wire, nails, tacks, staple, posters, decorations, ornaments, flags, toys, lights, swings, or any other contrivance without authorization from the City. C. It is unlawful for any person to cause or allow any poison or harmful substance to lie, leak, pour, flow, or drip upon or into the soil within the drip line of any City tree. D. It is unlawful for any person to interfere with the drip line area of a City tree in a way that may reasonably be expected to damage the root system, compact the soil over the roots, or impede free passage of air, water, or fertilizer to the roots. E. It is unlawful for any person to damage a City tree located on his or her private property by neglecting to provide the necessary amount of water to the tree. 8.49.060 Tree Care Authorization and Standards A. Except as otherwise set forth herein, no person shall perform tree care on any City tree. B. A person may hire a private contractor to prune, remove, root prune, plant, or spray a City tree located on his or her property if either the property owner or the private contractor has obtained an encroachment permit authorizing such an action from the Department. C. The owner of a non-residential property that is part of a landscape design plan may hire a private contractor to perform tree care, not including tree removal, on City trees located on the property. D. The owner of a non-residential property that is part of a landscape design plan may hire a private contractor to remove a City tree located on the property if either the property owner or the private contractor has received an encroachment permit from the Department. E. Any person performing tree care on City trees must abide by the standards and procedures established in the City's Tree Policy_ 8.49.070 Duties of Private Property Owners The duties of any owner of private property on which City trees are located are as follows: A. To accept, protect, and provide adequate water to any City tree planted on his or her property, and not to interfere with the City's provision of water; B. To notify the Department of any suspected tree hazards or maintenance needs of any City tree planted on his or her property; C. To replace any City tree removed by the property owner with another tree of an acceptable species as listed in the City's Tree Policy, unless the Department determines that there is no suitable species for planting at that location; D. To remove all fallen leaves and other deadfall from any City tree planted on his or her property, and to properly dispose of the deadfall in an appropriate waste receptacle; E. To remove all vegetation, garbage, and debris from any sidewalk, swale (improved or unimproved), or trail in the right of way easement over his or her property. 8.49.080 Interference with Public Works Director It is unlawful for any person to hinder, prevent, delay, or interfere with the Director of Public Works or any of his or her agents while engaged in carrying out the execution or enforcement of this chapter. Provided, however, that nothing in this section shall be construed as an attempt to inhibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City. 8.49.090 Violations and Penalties A. Violations of this Chapter are subject to the penalties set forth in Chapters 1.20, 1.21, and 1.24 of the Temecula Municipal Code. B. In addition to any other remedy or penalty provided for in this Chapter, the City may seek restitution from any person who damages, removes, or relocates a City tree in violation of this Chapter. C. Intimidation, harassment, or other retaliation against any person who seeks to attain compliance with this Chapter is prohibited. D. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter is prohibited. E. Violation of this Chapter is declared to be a public nuisance. 8.49.100 Nonliability of City Nothing in this Chapter shall be construed to impose any liability for damages or a duty of care and maintenance upon the City or its officers, employees, agents, or volunteers. SECTION 2. Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Chapter or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 3. Certification. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Chapter and shall cause the same to be published or posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2018. Matt Rahn. Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 18- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of January, 2018, 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 , 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 21 Approvals City Attorney J7i4s-- Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: January 9, 2018 SUBJECT: Adopt a Resolution in Support of Move 1-15 Through Temecula Valley and Reaffirm Related Task Force Appointments (At the Request of Mayor Rahn and Mayor Pro Tem Naggar) PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF "MOVE 1-15 THROUGH TEMECULA VALLEY," A SOUTHWEST RIVERSIDE COUNTY REGIONAL TASK FORCE CREATED TO ADDRESS THE DAILY INTERSTATE 15 TRAFFIC CONGESTION BETWEEN THE 1-15/215 JUNCTION AND THE SAN DIEGO COUNTY LINE BACKGROUND: As directed by the Temecula City Council, Mayor Matt Rahn and Mayor Pro Tem Mike Naggar hosted an Interstate 15 regional roundtable meeting to discuss existing freeway conditions and traffic congestion along the 1-15 corridor through Temecula Valley. That meeting occurred on November 30, 2017, and included elected officials, City Managers, and Public Works Directors from the Cities of Murrieta, Wildomar, Lake Elsinore, Menifee, Temecula and elected Tribal Government officials and Pechanga Development Corporation officials from the Pechanga Tribe, An outcome of the Interstate 15 regional roundtable meeting included forming a Regional Task Force, "Move 1-15 through Temecula Valley," that can address the need to expand Interstate 15 through Temecula Valley with additional traffic lanes to improve the quality of life for hundreds of thousands of residents and commuters. The group will meet again in January 2018 to structure the regional Task Force, and subsequent meetings will include transportation partners including: Caltrans, Riverside County Transportation Commission (RCTC), San Diego Association of Governments (SANDAG), Western Riverside Council of Governments (WRCOG), Southern California Association of Governments (SCAG), and other partners, as well as federal, state and county representatives. It is anticipated the Southwest Riverside County Interstate 15 Lane Expansion Task Force will meet regularly throughout 2018, and thereafter over an appropriate period determined by the Task Force. FISCAL IMPACT: None ATTACHMENTS: Resolution RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF "MOVE 1-15 THROUGH TEMECULA VALLEY," A SOUTHWEST RIVERSIDE COUNTY REGIONAL TASK FORCE CREATED TO ADDRESS THE DAILY INTERSTATE 15 TRAFFIC CONGESTION BETWEEN THE I-151215 JUNCTION AND THE SAN DIEGO COUNTY LINE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, On September 5, 2017, the Temecula City Council appointed Matt Rahn, 2017 Mayor Pro -Tem, and Mike Naggar, 2017 Council Member and RCTC Commissioner, to a Task Force, herein re -named "Move 1-15 Through Temecula Valley," to initiate a conversation with local jurisdictions, and subsequently include regional transportation partners, and federal, state and county officials, to address the daily Interstate 15 traffic congestion between the 1-15/215 Junction and the San Diego County line; and WHEREAS, on Thursday, November 30, 2017, the Cities of Temecula, Murrieta, Wildomar, Lake Elsinore, Menifee, and the Pechanga Tribe, convened at Temecula City Hall to discuss traffic on Interstate 15 as residents, visitors, businesses and commuters from all cities in Southwest Riverside County that travel to, from, or through Temecula Valley are significantly delayed on I-15; and WHEREAS, Interstate 15 traffic congestion between the 1-15/215 Junction and San Diego County is ranked as one of the worst freeway segments in the United States by INRIX Research, and other publications, in terms of traffic and economic cost of congestion; and is a major economic and quality of life concern to all cities of Southwest Riverside County, and beyond; and WHEREAS, Interstate 15 through Temecula Valley is an essential corridor for freight and commerce throughout Western United States connecting Southern California to Canada through the states of California, Nevada, Arizona, Utah, Idaho, and Montana, and is in need of regional, state and federal infrastructure funding; and WHEREAS, a Regional Task Force "Move 1-15 through Temecula Valley" will be structured by the Cities of Temecula, Murrieta, Wildomar, Lake Elsinore, Menifee and the Pechanga Tribe to work as a collective voice and include Caltrans, Riverside County Transportation Commission (RCTC), Southern California Association of Governments (SCAG), Western Riverside Council of Governments (WRCOG), San Diego Association of Governments (SANDAL), and other partners, as well as federal, state and county officials; and WHEREAS, "Move 1-15 through Temecula Valley" Task Force recognizes the five - city regional need to improve Interstate 15 by constructing more lanes along Interstate 15 from the San Diego County line to the 1-15/215 Junction; and that there is a direct correlation to reducing commuter traffic by attracting higher paying jobs to the region, and supporting high-quality, affordable housing for those working in the service job sector who sustain the region's tourism and hospitality industry; and THEREFORE, the City of Temecula does hereby resolve to re -appoint two City Council Members, including the City's 2018 Mayor and RCTC Commissioner, to the regional Task Force "Move 1-15 Through Temecula Valley," to serve as part of a unified regional voice in Southwest Riverside County in support of expanding Interstate 15 from the San Diego County line to the 1-15/215 to improve the health and safety, quality of life, and economic needs of the citizenry of Temecula and the region as a whole. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2018. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss Matt Rahn, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 22 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 9, 2018 SUBJECT: Selection of 2018 City Council Committees RECOMMENDATION: That the City Council consider and appoint members to serve on various City Council Committees for calendar year 2018. BACKGROUND: The City Council annually appoints members of its legislative body to serve as liaisons to City commissions, external organizations, standing committees and ad hoc subcommittees. Each year the City Council Committee Assignments List is reviewed and revised for the upcoming calendar year. The Council Members appointed will serve through December 31, 2018. For appointments to external organizations that include a stipend, Form 806 will be completed and posted pursuant to the regulation requirements of the Fair Political Practices Commission. Proposed revisions to the attached list are reflected in highlight, redline and/or strikeout. Revisions associated with the deletion andlor reformulation of committees is based on the completion of projects and/or changes to the scope of committees for organizational need. It is recommended that the City Council review the proposed changes and provide staff direction as they deem appropriate. FISCAL IMPACT: None ATTACHMENT: City Council Committee Assignments List 1 2018 CITY COUNCIL COMMITTEE ASSIGNMENTS Commission Liaison (One Member) Current Member Community Services Commission Comerchero Old Town Local Review Board Rahn Planning Commission Naggar Public/Traffic Safety Commission Edwards Standing Committees (Two Members) Current Members Arts and Cultural Affairs Committee Comerchero, Edwards City Sustainability Program Committee Rahn, Stewart E -Government and Temecula Outreach Committee Edwards, Stewart Economic Development Committee Comerchero, Edwards Old Town Steering Committee Naggar, Rahn Finance Committee Edwards, Naggar Infrastructure Beautification Committee Edwards, Stewart Joint City Council/TVUSD Committee Edwards, Stewart Military Ad Hoc Subcommittee (Moved from Ad Hoc to Standing) Stewart _._Comerchero, -Murrieta/Temecula Committee Edwards, Naggar Parks. Recreation and Community Services Committee Comerchero, Stewart Public Works Committee Edwards, Stewart Southwest Cities Coalition Committee Edwards, Rahn Y3 • - - ' _ t-.. € Naggar . . - .•: - - - -- - -- Regional Cancer Treatment Task Force (Term Ends 112018) Edwards, Naggar Representative Assignments (External Organizations - Does not include stipend) Current Member(s) Animal Shelter Liaison/JPA Representative Edwards League of California Cities — Voting Delegate Rahn, (Altemate Edwards) National League of Cities — Voting Delegate Comerchero, (Alternate Edwards) Pechanga Tribal Council Representatives Comerchero, Naggar Rancho California Water District Liaison Stewart, (Alternate Rahn) Riverside County Child Safety Commission / School District Liaison Edwards _Southwest Riverside County Energy Authority (SRCEA) JPA Edwards. Stewart Temecula Sister City Liaison Stewart Representative Assignments (External Organizations — May include stipend) Current Member(s) RCA Representative Edwards, (Alternate Stewart) Riverside County Habitat Conservation Agency Board Rahn. (Alternate Edwards) Riverside County Transportation Commission Naggar, (Alternate Rahn) Riverside Transit Agency Representative Edwards, (Alternate Rahn) WRCOG Executive Committee and Zone Committee Naggar, (Alternate Edwards) Last updated 1/11/2017 1/9/18 Ad Hoc Subcommittees (Two members) Current Members Altair Property Ad Hoc Subcommittee Comerchero, Naggar Community Service Funding Ad Hoc Subcommittee Comerchero, Naggar Diaz Property Ad Hoc Subcommittee Comerchero, Naggar French Valley Parkway Interchange Ad Hoc Subcommittee Comerchero, Naggar Higher Education Ad Hoc Subcommittee Naggar, Rahn Hospital Ad Hoc Subcommittee Naggar, Rahn Human Services Ad Hoc Subcommittee Edwards, Stewart Infill Land Use and Project Review Ad Hoc Subcommittee Naggar, Rahn Luxury Car Dealership Ad Hoc Subcommittee Comerchero, Rahn Cannabis Marijuana Ad Hoc Subcommittee Naggar, Rahn - - -- - (Moving to Standing Committee) - _ . _ .. _ _ 1-15 Through Temecula Valley Subcommittee Rahn _Move Murrieta Creek Project Ad Hoc Subcommittee _Naggar, Edwards, Naggar Old Town Civic Center Ad Hoc Subcommittee Comerchero, Naggar Promenade in Temecula Ad Hoc Subcommittee Comerchero, Edwards Public Safety Ad Hoc Subcommittee TBD Public Safety Recognition Ad Hoc Subcommittee Naggar, Rahn Roripaugh Ranch Ad Hoc Subcommittee Comerchero, Edwards Short Term Vacation Rentals Ad Hoc Subcommittee TBD Strategic Fiscal Planning Ad Hoc Subcommittee Comerchero, Edwards Supportive Housing/Services Ad Hoc Subcommittee Naggar, Rahn Teen Village Ad Hoc Subcommittee Comerchero, Stewart Temecula Creek Inn Ad Hoc Subcommittee Comerchero, Naggar Trails / Open Space Ad Hoc Subcommittee Naggar, Rahn TVE2 (Small Business Incubator) Ad Hoc Subcommittee Comerchero, Rahn Uptown Temecula Ad Hoc Subcommittee Comerchero, Edwards Wall of Honor Ad Hoc Subcommittee Comerchero, Edwards Winchester Hills Ad Hoc Subcommittee Comerchero, Naggar Ad Hoc Subcommittees are formed for a specific limited purpose and operate for a limited time until its purposes are fulfilled ("ad hoc") as opposed to "standing committees" that have continuing subject matter jurisdiction. The descriptions of the purposes and duration of the ad hoc subcommittees are as follows: AD HOC SUBCOMMITTEE DESCRIPTIONS: Altair Property Ad Hoc Subcommittee — This subcommittee will provide staff direction on development options for the property located west of Pujol below the western escarpment. Development on this property would include the construction of the Western By -Pass Corridor and has potential for an "in town" residential neighborhood adjacent to Old Town. The term of this subcommittee is through the completion of the development and disposition of the property. Last updated 1/11/2017 1/9/18 Community Service Funding Ad Hoc Subcommittee — This subcommittee reviews funding applications from various non-profit organizations requesting Community Service funding for the year. This subcommittee will meet in September/October 20178 and will make specific recommendations to the City Council for fiscal year 20178-20189 Community Service funding. Diaz Property Ad Hoc Subcommittee — This subcommittee is responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located at the North West Corner of Diaz Road and Dendy Parkway. The term of this subcommittee is through the completion of the development or disposition of the property. French Valley Parkway Interchange Ad Hoc Subcommittee — This subcommittee shall work with representatives from Caltrans, Federal Highways, and elected officials at the city, state, and federal levels. The term of this subcommittee is through the completion of the construction of the interchange project. Higher Education Ad Hoc Subcommittee — This subcommittee is responsible for attracting and facilitating the development of a higher education facility and programs in the City of Temecula. The subcommittee will report back to the City Council on its recommendation by December 20178 with more frequent updates as may be necessary. Hospital Ad Hoc Subcommittee — This subcommittee will monitor and provide feedback on the implementation of the development plan for the existing Temecula Valley Hospital. It is anticipated that this subcommittee will need to continue through 20178. Human Services Ad Hoc Subcommittee —This subcommittee will evaluate services and programs related to special needs, homelessness. senior citizens and mental health awareness to identify non-profit stakeholders to enhance and coordinate delivery of these services. This subcommittee will also review funding associated with these programs and services for Fiscal Year 20178-201€9 and report back on its recommendations to the City Council by December 20178. Infill Land Use and Project Review Ad Hoc Subcommittee 'tried to prepare and fina'tizo the City's Infill land use - - _ .... _ _ While this subcommittee will not be negotiating individual infill projects. the subcommittee will be working closely with staff to identify and consider potential infill sites in 2018, ensuring consistency with the City's General and Growth Management Plans and zoning designations. Luxury Car Dealership Ad Hoc Subcommittee — This subcommittee is responsible for the attraction of luxury car dealerships to our community. Auto sales represent a large percentage of sales tax revenue to the City and the expansion and attraction of dealerships will preserve a revenue stream to maintain City services. The subcommittee will report back to the City Council on its recommendations by December 20178. Last updated 1/11/2017 1 /9/18 Maeleana Cannabis Ad Hoc Subcommittee — This subcommittee will provide direction and guidance related to the study and implementation of local legislative authority associated with the recent passage of Proposition 64 and implementing related legislation. This subcommittee will report back to the City Council on its recommendations by December 20178. Military Ad Hoc Subcommittee —This subcommittee provides direction on activities, events and efforts aimed towards supporting past and present local military personnel. The current effort involves wi4workaq with the Veterans of Foreign Wars (VFW) to develop and construct the Fallen Heroes Memorial. The term of this subcommittee is through the completion of the project. -(NOTE: Moved from Ad Hoc to Standing Committee.) Move 1-15 Transportation Ad Hoc Subcommittee — This subcommittee will work with staff and regional partners to address the need to expand Interstate 15 through Temecula Valley with additional traffic lanes to improve the quality of life for residents and commuters. It is anticipated that the Southwest Riverside County Interstate 15 Lane Expansion Task Force will meet regularly throughout 2018 and the subcommittee will report back on related efforts by December 2018. Murrieta Creek Proiect Ad Hoc Subcommittee — This subcommittee will provide direction and recommendations that involve the Army Corps of Engineers Project that improves Murrieta Creek to provide added flood protection. The term of this subcommittee is through the completion of the Murrieta Creek Improvement Project. Old Town Civic Center Ad Hoc Subcommittee — This subcommittee is responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located adjacent to the Town Square along Main Street in Old Town. The term of this subcommittee is through the completion of the adjacent properties. Promenade in Temecula Ad Hoc Subcommittee - This subcommittee would provide direction and review of any potential development applications associated with the City's regional mall in 20178. This subcommittee will meet on an as -needed basis and will report back to the City Council with appropriate recommendations by December 20178. Public Safety Ad Hoc Subcommittee — This subcommittee will work with staff to monitor the County's efforts to implement the KPMG law enforcement efficiency review, and evaluate and discuss the City's own public safety operations. efficiencies, and other items related to the joint powers authority conversation. The term of this subcommittee will be through the completion of the County's implementation of the review. Public Safety Recognition Ad Hoc Subcommittee — This subcommittee will provide staff direction on efforts to such as tho B construction of a public safety memorial as referenced in the existing CIP. The term of this subcommittee is through the completion of the construction of the public safety memorial. Roripaugh Ranch Ad Hoc Subcommittee — This subcommittee will monitor and report on the issues affecting the Roripaugh Ranch Community Facility District Bonds, and development issues affecting the Roripaugh Ranch Project. The term of this subcommittee is through the completion of the Roripaugh Ranch Project. Last updated 1/11/2017 1/9/18 Short Term Vacation Rentals Ad Hoc Subcommittee — This subcommittee will provide staff direction on the development of regulations pertaining to the use and operation of short term vacation rental businesses. The term of this subcommittee is through the completion of the adoption of a related ordinance. Strategic Fiscal Planning Ad Hoc Subcommittee —This subcommittee will develop fiscal policies and strategies related to new revenue streams realized in 2017, broadly applicable throughout various locations in the City, and make recommendations related to the same. The term of this subcommittee is through the completion of the development of the new policies in 2018. Supportive Housing/Services Ad Hoc Subcommittee — This subcommittee will work with staff to identify and implement solutions to provide both housing and supportive services for families and individuals who meet the criteria of Extremely Low, Very Low and Low Income by evaluating affordable housing development opportunities utilizing remaining affordable housing bond proceeds. The subcommittee will review and make recommendations regarding the Request for Proposals for Affordable Housing in 2017 through 2018 and provide a report back to the City Council by December 20178. Teen Village Ad Hoc Subcommittee — This subcommittee will work with staff to explore concepts for a teen village, and provide input based upon the community workshops during the design processutilizing public/private partnership:,. This subcommittee will meet on an as need basis and report back to the City Council with appropriate recommendations in 2017-8. Temecula Creek Inn (TCI) Ad Hoc Subcommittee - This Subcommittee will work with staff and developer on the site plan, circulation improvements associated with a proposed addition to the resort property. This term of this subcommittee is through the completion of the Temecula Creek Inn project. Trails and Open Space Ad Hoc Subcommittee — This subcommittee will provide direction and input on the efforts underway to enhance existing trails, complete trail connections, as well as consider additional possible trail ways for multi-purpose uses including equestrian, pedestrian, and cycling. This subcommittee also provides staff direction on potential annexations of areas within the City's Sphere of Influence and potential purchase of permanent open space property similar to property purchased along the escarpment west of the City limit which was purchased by the City and deeded to the RCA. It is anticipated that this subcommittee will need to continue through 20178. TVE2 (Small Business Incubator) Ad Hoc Subcommittee —This subcommittee will evaluate policies and procedures related to incubator use and application selection. This subcommittee will also review applications from developing entrepreneurs for incubator use and selection in 2017-8 and make related recommendations to the City Council by December 20178. Uptown Temecula Ad Hoc Subcommittee — City Council has given staff direction to analyze the redevelopment of Uptown Temecula, the City's first commercial district. This subcommittee will provide staff with direction as we analyze the potential for an urbanized extension of Old Town including increased commercial and corporate office opportunities as well as mixed use residential development and the initial implementation of the Uptown Temecula Specific Plan and the In -Lieu Road Fee. The term of this subcommittee is through December 20178 for the initial continued implementation efforts for, and refinement of the Uptown Temecula Specific Plan. In addition, marketing, branding and streetscape standards efforts associated with the Uptown Temecula Specific Plan are currently underway and are anticipated to be completed in 20178. Last updated 1/11/2017 1/9/18 1 1 1 Wall of Honor Ad Hoc Subcommittee — This subcommittee will work with staff to make recommendations regarding community members who have made significant contributions to the City of Temecula in 20178. This subcommittee is needed on an on-going basis to potentially recognize outstanding citizens. Winchester Hills Ad Hoc Subcommittee — This Subcommittee will work with staff and the property owner, to provide direction on potential land use proposals for this approximately 100 acre vacant property at the intersection of Date/Ynez Streets. The site will be bisected by the proposed French Valley Interchange project. The site is currently zoned for Service Commercial land uses. The property owner has indicated a desire to consider mixed-use development on the site which would necessitate an amendment to the Harveston Specific Plan and the Winchester Hills Development Agreement. The term of this subcommittee is through the disposition of the property. Last updated 1/11/2017 1/9/18 REQUESTS TO SPEAK AND DOCUMENTS SUBMITTED FOR THE RECORD I wish t0 spftak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA N\Yo' Jam 1 - Agenda Item No. For fl Against 111 Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: r ' ' i6 r Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment Circle One: CITY COU CIL / CSD / SARDA 1 THA / TPFA Subject: i V 1- rzo COr3S K 1 E Agenda Item No. For Against n Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name:' C. m vp R/Ak-( Address: Phone Number: (vt�c <A S'v "\ Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: qqM Public Comment Circle On ( CITY COUN9 SD / SARDA / THA / TPFA The_ -ari Stade (ann?any C -Ps s;oro 1 The 2 -1 -re in -Cellaila)- Worne,A 17 Agenda Item No. For n Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: -I 4 rc T., r. J(Phone Number: Address: Email address: If you are representing an organization or group, please give the name: c C -t+ ;v\ p J n y Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: n Public Comment Circle One: CITY COUNCIL / CSD / SARDA / THA / TPFA Subject: O Qc - it Ptct_r• P - 0 -` t k. Agenda Item No. For LI Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: c r y o ) I os c- z l/ k Phone Number: ? % I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: >Ar(6c, Joik o c Public Comment Circle One: CITY COUNCIL / CSDr�/ SARDA / THA / TPFA / Subject: 6 nAgenda Item No. For ❑ Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Address: S / '� l 4%ek Phone Number: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Offices of Catlin, Miller, Rivera P.O. Box 1341 Elsinore, California 92531 Altair Jan 9, 2018 Temecula City Council Agenda Item 6, 6.1, 6.2 Ordinance: 18-1 18-02 Many people thought the 270 acres were part of the preserved corridor that protected the Mountain Lion habitat that occurred ten years ago when the Ridge of the Santa Anna Mountains was set aside in Riverside Conservation Programs. People want to know how Ambient was able to buy property that is designated Habitat Conservation and that means they can't developer this. The Big Cats have been here since before humans existed and several species have gone extinct. If Humans are suggesting and following thru with actions that cause another species to terminate, then, we can redraw, reroute, select another space for the action, or deny the culmination of an architectural plan and leave the corridors of the animals at peace. Many other people have noted that this proposal is in a High Fire Area with dry brush in the drought that we are experiencing now. This rain blew away the dust, however, winds will bring back dry leaves. If it does burn, even a minor fire will cause such erosion that your dredged Creek will be filled back up and the mulch will set on fire and really smoke the air quality like it did a month ago. What are you talking about not having housing in Old Town. There is too much housing already at the South End and across the freeway. These already built communities are as walkable as this quote unquote bike and walk Altair. Old Town is a High End Boutique and antique area not everyday grocery shopping and the more this Council redesigns it, the more it looks like Rodeo Drive. How can you say that there is Mitigatable or no impact on the arroyo chub, California red -legged frog, and western pond turtle at the junction of Murrieta, Cole and Pechanga Creeks when the run off will be filled with hazardous materials from cars leaking, household chemicals on the lawns and landscaping from the Altair construction. This flooding will actually bring them into existence and create habitat for Endangered species to be observed. This will cause construction to be halted and shouldn't be started because animals will appear. Nature will bring the rains and the vernal pools and stream beds will fill with Endangered species. There is too much housing, too much Commercial building already on both sides of Murrieta Creek and these Chamber of Commerce People and Developers are just lining the pockets at the expense of the Air Quality, Peace and Quite, Water Quantity which is already greatly downsized. 1 The Western By Pass needs to stop construction immediately because of the increased noise levels and is hardly more than the usual slim improvement in front of a development accept it includes the apartments at the South End and most probably more major developments on its Western side creeping up the mountains that so many people thought were securely preserved back in the day of Save Our Southwestern Hillsides. Who is getting off the I-15 and taking the By Pass because I-15 is stalled? Adding this many cars from more and more housing and Commercial venues at the South end of Temecula will cause quite a few Heart and Lung By Passes. This should be part of the 1500 acres set aside for Chapparal habitat due to its endangerment from over development or any construction at this late point that Environmental Groups have worked to arrange for Preservation in one cell of the 226,313 acres of non buildable, non mitagable 9 cell Riverside County Preserve and this ridge all the way to Corona and its supporting foothills should be retained for Nature. http://rctIma.org/Portals/0/mshcp/volume2/reptiles.html The developers have had their turns, they have tied up the traffic, polluted the air, drained people's health, finances, and family time. People arrive home only to sleep and turn around the next day back on the freeway and no council should be working on anything accept unraveling this web of people unable to live where they work, We have to lower house prices and people will stay in Los Angeles and Orange County. So, the rumor is that these apartments are for the homeless. Wait a minute, sometimes 10 or so homeless will join forces and rent one apartment, stay warm and cool and clean, however, that doesn't happen too often. And I don't see anything about this being government subsidized housing. So put the rumor to bed, these are unafforable and small spaces. The only friendly to humans or animals about this project is the architectural and community sounding language and presentation in the documentation. Other than that we have an intense eradication of the Native Hillsides on the West side of Temecula. Why and how can Rancho Water permit sewer or water service under Stage C 3 drought? They claim there projects were started in the past under conditions that would have allowed more water drain. That would have been in 1950 and all these other draining projects went ahead and no projects should be permitted to drain water from wells, and Metropolitan sources nor cause strain on waste removal and rupturing in case of earthquakes. Then, there was the report that our water is the worse in the Nation and that was the pre treated water so that means the 13 chemicals found was worse that other Counties. After treatment it was acceptable. That is the primer project that should be going on is addressing the 13 chemicals that are affecting our water and tapping them off not building more problems. Who wants to live here knowing that the water purification system could break in the event of emergency and we must wait for water trucks to bring us treated water. 2 https://www.nbc losangeles.com/news/local/Riverside-Tap-Water-Rated-2nd-Worst-in- Nation- 79260622. htm l And once again in spite of this not being much rain flooding has occurred in Murrieta leaving vehicles in flood waters of Murrieta Creek. When larger storms hit the neighbor to the South Temecula will cause flooding issues along the Murrieta Creek because of their explosive and irresponsible growth. And who will be sued Temecula once the source is discovered as to the development silt erosion filling the creeks. https://patch.com/california/murrieta/s/gbx6p/temecula-valley-wreck-ends-with-2- vehicles-in-floodwater-off-i-15 All around this is the worse development due to slope grade, historical flooding, poor air quality inversion bowls backed up to a Mountain, people allowed to drive on Front street when they should park outside the bowl and walk, desecration of habitat for Mt. Lions and bobcats and their disappearance will allow rodents to propogate and flood down town, the potential of Wildland fires backed up to the housing and the unnecessity of more housing when there is plenty at the South end of Old Town and across the freeway. The developers have had their turns, they have tied up the traffic, polluted the air, drained people's health, finances, and family time. People arrive home only to sleep and turn around the next day back on the freeway and no council should be working on anything accept unraveling this web of people unable to live where they work,. We have to lower house prices and people will stay in Los Angeles, San Diego, and Orange County. 3