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AGENDA
TEMECULA CITY COUNCIL
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
DECEMBER 11, 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 P.M. and may continue all other items on which additional
time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
No Closed Session
Next in Order:
Ordinance: 18-12
Resolution: 18-78
CALL TO ORDER: Mayor Matt Rahn
Prelude Music: Emily Schwank
Invocation: To Be Announced
Flag Salute: Council Member James Stewart
ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn
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.
1
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 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 November 27, 2018
RECOMMENDATION:
2.1 That the City Council approve the action minutes of November 27, 2018.
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 an Agreement with Questica LTD for a New Budgeting Software System
RECOMMENDATION:
4.1 Approve the Software Subscription and Professional Services Agreement with
Questica LTD in the amount of $102,571, for a New Budgeting Software System;
4.2 Authorize the City Manager to approve up to $12,000 in additional system/report
customization;
4.3 Authorize the City Manager to approve contract change orders not to exceed
$10,257, which is equal to 10% of the total contract amount.
2
5 Adopt the 2019 City of Temecula Emergency Operations Plan
RECOMMENDATION:
5.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE 2019 CITY OF TEMECULA
EMERGENCY OPERATIONS PLAN
6 Approve the Fourth Amendment to the Agreement with Temecula Valley Unified School
District for Joint Use of a Portion of Temecula Elementary School
RECOMMENDATION:
6.1 That the City Council approve the Fourth Amendment to the Agreement with the
Temecula Valley Unified School District for Joint Use of a Portion of Temecula
Elementary School.
7 Approve the Purchase of 50 Hewlett Packard (HP) Desktop Computers from Newport
West Computers, Inc. for Lifecycle Replacement
RECOMMENDATION:
7.1 That the City Council authorize the purchase of 50 HP desktop computers from
Newport West Computers, Inc., in the amount of $39,452.33, including sales tax
and shipping.
8 Approve the Second Amendment to the Disposition and Development Agreement
between the City of Temecula, Successor Agency to the Temecula Redevelopment
Agency, and Town Square Marketplace Old Town, LLC
RECOMMENDATION:
8.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SECOND AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND AMONG THE CITY OF TEMECULA, SUCCESSOR
AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY,
AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC
CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY
LOCATED ON MAIN STREET WEST OF MERCEDES STREET
3
9 Approve a Modification to the Truax Hotel Project and Adopt Addendum to the Originally
Prepared Subsequent Environmental Impact Report (SEIR) (Planning Application
No. PA18-1463)
RECOMMENDATION:
9.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING AN ADDENDUM TO A PREVIOUSLY
CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT FOR THE PREVIOUSLY APPROVED TRUAX HOTEL
PROJECT AND APPROVING A MODIFICATION APPLICATION
FOR THE TRUAX HOTEL CONSISTING OF THE ADDITION OF
THIRTY-FOUR GUEST ROOMS, VARIOUS EXTERIOR
ELEVATION REVISIONS, AND THE ADDITION OF THREE -
HUNDRED PARKING SPACES VIA AN AUTOMATED
PARKING SYSTEM GENERALLY LOCATED ON THE NORTH
AND SOUTH SIDES OF 3RD STREET BETWEEN OLD TOWN
FRONT STREET AND MERCEDES STREET (APNS 922-043-
002, 922-043-004, 922-043-018, 922-043-024, 922-043-003,
922-043-015, 922-043-023, 922-043-025, 922-044-017, AND
922-044-020)
10 Approve Local Government Partnership Program Contract with South Coast Air Quality
Management District, Agreement with ChargePoint, Inc., and Amendment to Fiscal Years
2019-23 Capital Improvement Program Budget for the Purchase and Installation of
Electric Vehicle Charging Stations
RECOMMENDATION:
10.1 Approve the AB2766/MSRC Local Government Partnership Program Contract
with South Coast Air Quality Management District (SCAQMD), and authorize the
City Manager to execute the agreement, as previously approved per Resolution
No. 18-16, for regional Mobile Source Air Pollution Reduction Review Committee
(MSRC) program funds, in the amount of $141,000;
10.2 Approve an Agreement with ChargePoint, Inc., for the Purchase and Installation
of Electric Vehicle Charging Stations, in the amount of $120,000;
10.3 Approve an Amendment to Fiscal Years 2019-23 Capital Improvement Program
Budget, for the Electric Vehicle Charging Stations project, to increase MSRC
program funding to $141,000, and reduce AB2766 funds to $47,000, for a total
project cost of $188,000.
4
11 Award a Construction Contract to L.C. Paving & Sealing, Inc., for the Pechanga Parkway
Widening (From Via Gilberto to North Casino Drive), PW15-14
RECOMMENDATION:
11.1 Award a Construction Contract to L.C. Paving & Sealing, Inc., in the amount of
$2,931,500.10, for the Pechanga Parkway Widening (From Via Gilberto to North
Casino Drive), PW15-14;
11.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $293,150, which is equal to 10% of the Contract amount;
11.3 Authorize payment of up to $146,575, which is equal to 5% of the cost of
construction for the Multiple Species Habitat Conservation Plan (MHSCP).
12 Award a Construction Contract to Mamco, Inc. dba Alabbasi for Butterfield Stage Road —
Phase III, PW 15-11
RECOMMENDATION:
12.1 Award a Construction Contract to Mamco, Inc. dba Alabbasi, in the amount of
$6,015,872, for Butterfield Stage Road — Phase III, PW15-11;
12.2 Authorize the City Manager to approve Contract Change Orders not to exceed the
contingency amount of $601,587.20, which is equal to 10% of the contract amount;
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND
THE TEMECULA PUBLIC FINANCING AUTHORITY
********************
5
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: CSD 18-01
Resolution: CSD 18-06
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.
13 Approve the Action Minutes of November 27, 2018
RECOMMENDATION:
13.1 That the Board of Directors approve the action minutes of November 27, 2018.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, January 8, 2019, at 5:30 PM, for a Closed Session, with regular
session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula,
California.
6
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: SARDA 18-01
Resolution: SARDA 18-04
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.
14 Approve the Action Minutes of November 27, 2018
RECOMMENDATION:
14.1 That the Board of Directors approve the action minutes of November 27, 2018.
15 Approve the Second Amendment to the Disposition and Development Agreement
between the City of Temecula, Successor Agency to the Temecula Redevelopment
Agency, and Town Square Marketplace Old Town, LLC
RECOMMENDATION:
15.1 That the Successor Agency adopt a resolution entitled:
RESOLUTION NO. SARDA 18-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING THE SECOND
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND AMONG THE CITY OF TEMECULA,
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY, AND TOWN SQUARE
MARKETPLACE OLD TOWN, LLC CONVEYING
APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON
MAIN STREET WEST OF MERCEDES STREET
SARDA EXECUTIVE DIRECTOR REPORT
SARDA BOARD OF DIRECTORS REPORTS
SARDA ADJOURNMENT
Next regular meeting: Tuesday, January 8, 2019, 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
TEMECULA HOUSING AUTHORITY — No Meeting
TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting
RECONVENE TEMECULA CITY COUNCIL
CITY COUNCIL BUSINESS
16 Presentations to City Council Member Jeff Comerchero for 25 Years of Service to the City
of Temecula
JOINT MEETING OF THE CITY COUNCIL AND TEMECULA COMMUNITY SERVICES
DISTRICT
17 Accept the November 6, 2018 General Municipal Election Declaration of Results and
Conduct Swearinq-In Ceremony
RECOMMENDATION:
17.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018,
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
18 Appoint the Mayor and Mayor Pro Tem for Calendar Year 2019
RECOMMENDATION:
18.1 Appoint the Mayor, effective January 1, 2019, to preside until December 31, 2019;
18.2 Appoint the Mayor Pro Tem, effective January 1, 2019, to hold this office until
December 31, 2019.
19 Appoint the President and Vice -President of the Temecula Community Services District
for Calendar Year 2019
RECOMMENDATION:
19.1 Appoint the President, effective January 1, 2019, to preside until December 31,
2019;
19.2 Appoint the Vice -President, effective January 1, 2019, to hold this office until
December 31, 2019.
JOINT MEETING ADJOURNMENT
9
COMMISSION REPORTS
PUBLIC SAFETY REPORT
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, January 8, 2019, 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.gov — and will be available
for public review at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694-6444.
10
CITY COUNCIL CONSENT
Item No. 1
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: December 11, 2018
SUBJECT: Waive Reading of Standard Ordinances and Resolutions
PREPARED BY: Randi Johl, Director of Legislative Affairs/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
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
NOVEMBER 27, 2018 — 7:00 PM
6:00 PM - The City Council convened in Closed Session in the Canyons Conference Room on
the third floor of the Temecula City Hall concerning the following matters:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in
closed session pursuant to Government Code Section 54956.8 regarding four parcels of
real property owned by the City of Temecula, as successor to the assets of the
Redevelopment Agency of the City of Temecula, consisting of approximately 1 acre
(APN 922-360-004, 005, 006 & 007) located on Main Street at Mercedes Street in the City
of Temecula. The parties to the negotiations for the potential sale of the property are:
Marketplace Old Town, LLC (Truax Development) and the City of Temecula. Negotiators
for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under
negotiation are price and terms for the sale of the property.
2. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION. The City Council will
meet in closed session with the City Attorney pursuant to Government Code Section
54956.9(d)(1) with respect to two matters of pending litigation: (1) Center for Biological
Diversity, et al. v. City of Temecula, et al., Riverside County Superior Court Case
No. RIC 1800858; and (2) Endangered Habitats League v. City of Temecula et al.,
Riverside County Superior Court Case No. RIC 1800886.
At 7:04 PM Mayor Rahn called the City Council meeting to order to consider the matters described
on the regular agenda.
CALL TO ORDER: Mayor Matt Rahn
Prelude Music: Susan Miyamoto
Invocation: Aaron Adams
Flag Salute: Mayor Pro Tem Mike Naggar
ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn
PRESENTATIONS/PROCLAMATIONS
Presentation of Certificate of Achievement to Tristan Aiken York Courtenay of Troop #301
for Attaining Eagle Scout Rank
Presentation of Proclamation for Annual Community Candlelight Tribute Day
Certificates of Welcome to Visitors from Sister City Daisen, Japan
Action Minutes 112718 1
PUBLIC COMMENTS
The following individuals addressed the City Council on agendized items:
• Darlene Wetton (18) • Jerry Konchar (18)
• Dennis Frank (18) • Bob Brown (18)
• Pranav Kachhi (18) • Ron Bradley (18)
CITY COUNCIL REPORTS
CONSENT CALENDAR
NOTICE TO THE PUBLIC
1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff
Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic
vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn.
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 13, 2018 - Approved Staff Recommendation
(5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected
approval by Comerchero, Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
2.1 That the City Council approve the action minutes of November 13, 2018.
3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by
Edwards, Second by Comerchero; and electronic vote reflected approval by
Comerchero, Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
3.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 18-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Approve Financial Statements for the 4th Quarter Ended June 30, 2018 - Approved Staff
Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic
vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
4.1 Receive and file the Financial Statements for the 4th Quarter Ended
June 30, 2018;
Action Minutes 112718 2
4.2 Approve the following FY2017-18 Appropriations:
a. Increase Revenue and Transfer Out accounts by $66,000 in Fund 160
Supplemental Law Enforcements Services (SLESF).
b. Increase the Transfer In account in the General Fund by $66,000 (from Fund
160).
c. Transfer $10,000 from the Public Works Street Lighting expenditure account
(001.164.601.5319) to the Park Maintenance Utilities expenditure account
(001.167.999.5240).
d. Increase Equipment account (125.199.999.5610) by $5,000 in Fund 125
Public Education Government (PEG) Fund.
e. Increase Claims account (300.199.999.5207) by $475,000 in Fund 300
Insurance Fund to cover claims incurred but not reported as of June 30, 2018.
4.3 Approve the following FY2018-19 Appropriations:
a. Transfer 30% of FY17-18 year-end General Fund Operating Budget surplus,
or $1,404,941, to Fund 701 - Section 125 Pension Trust, in accordance with
Budget Policy XII.B.2.
b. Transfer $125,000 from the FY17-18 General Fund surplus to the Technology
Replacement Fund to fund the acquisition of a Financial Budgeting Software
System.
c. Transfer $1,000,000 from the FY17-18 Measure S Fund surplus to the
Community Recreation Center (CRC) Pool Site Enhancement and
Renovation Capital Improvement Project.
5 Approve the Purchase, License, and Implementation Cost of Time and Attendance
Module, Mobile Access and Support Services with Tyler Technologies - Approved Staff
Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic
vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
5.1 Approve the purchase license, and implementation cost of Tyler Technologies
"ExecuTime," Time & Attendance Module, and Mobile Access in the amount of
$36,275;
5.2 Approve the purchase of the FY2018-19 annual maintenance and support
services for ExecuTime in the amount of $3,455;
5.3 Authorize the City Manager to approve contract change orders not to exceed
$3,973, which is equal to 10% of the total contract amount.
6 Adopt Ordinance 18-11 to Amend Chapter 3.32, Public Works Contract Bidding, Under
the Uniform Public Construction Cost Accounting Act to Increase Minimum Bidding
Requirements and Implement Recent Legislation (Second Reading) - Approved Staff
Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic
vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn.
Action Minutes 112718 3
RECOMMENDATION:
6.1 That the City Council adopt an ordinance entitled:
ORDINANCE NO. 18-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 3.32, PUBLIC WORKS
CONTRACT BIDDING, UNDER THE UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT TO INCREASE
MINIMUM BIDDING REQUIREMENTS AND IMPLEMENT
CHANGES TO SAID ACT BY CHAPTER 169 OF THE STATUTES
OF 2018
7 Approve a Cooperative Agreement with Temecula Sunrise Rotary Club in Support of a
Community Christmas Dinner - Approved Staff Recommendation (5-0); Motion by
Edwards, Second by Comerchero; and electronic vote reflected approval by
Comerchero, Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
7.1 That the City Council approve a Cooperative Agreement with Temecula Sunrise
Rotary Club, in the amount of $7,255 of in-kind services/costs, in support of a
Community Christmas Dinner.
8 Approve a Cooperative Agreement with Temecula Valley Genealogical Society in Support
of Facility Use - Approved Staff Recommendation (5-0); Motion by Edwards, Second
by Comerchero; and electronic vote reflected approval by Comerchero, Edwards,
Naggar, Stewart and Rahn.
RECOMMENDATION:
8.1 That the City Council approve the Cooperative Agreement with Temecula Valley
Genealogical Society in Support of Facility Use.
9 Approve the Purchase and Installation Agreements with Miracle Recreation Equipment
Company, for Playground Equipment Enhancement and Safety Surfacing (Rotary Park)
PW18-13, and (Temeku Hills Park) PW18-14 - Approved Staff Recommendation (5-0);
Motion by Edwards, Second by Comerchero; and electronic vote reflected approval
by Comerchero, Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
9.1 Approve the Purchase and Installation Agreement with Miracle Recreation
Equipment Company, in the amount of $272,431.50, and authorize the City
Manager to approve additional work not to exceed a contingency amount of
$13,621.58, which is equal to 5% of the agreement amount, for the Playground
Equipment Enhancement Replacement (Rotary Park), PW18-13;
9.2 Authorize the City Manager to approve an Amendment to the Agreement with
Miracle Recreation Equipment Company for the Playground Equipment
Enhancement Replacement (Rotary Park), for additional play structure, in an
amount not to exceed $100,000;
Action Minutes 112718 4
9.3 Approve the Purchase and Installation Agreement with Miracle Recreation
Equipment Company, in the amount of $71,821.49, and authorize the City
Manager to approve additional work not to exceed a contingency amount of
$7,182.15, which is equal to 10% of the agreement amount, for Safety Surfacing
Replacement (Temeku Hills Park), PW18-14.
10 Award a Construction Contract to Hillcrest Contracting, Inc., for the Roundabout
Improvements on Ynez Road, PW 18-06 - Approved Staff Recommendation (5-0);
Motion by Naggar, Second by Edwards; and electronic vote reflected approval by
Comerchero, Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
10.1 Authorize the City Manager to enter into Funding Agreements with Gateway
Developer for $10,000 and Los Ranchitos Homeowners Association for $30,000;
10.2 Approve an appropriation of $110,000 from DIF — Streets to the Roundabout
Improvements on Ynez Road, PW18-06;
10.3 Award a Construction Contract to Hillcrest Contracting, Inc., in the amount of
$519,824.04, for the Roundabout Improvements on Ynez Road, PW 18-06;
10.4 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $51,982.40, which is equal to 10% of the Contract amount;
10.5 Make a finding that the Roundabout Improvements on Ynez Road, project is
exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees;
10.6 Authorize the City Manager to enter into Art Donation Agreement with Los
Ranchitos Homeowners Association for donation of artwork intended for
installation in center of roundabout.
11 Approve the First Amendment to the Agreement for Consultant Services with Falcon
Engineering Services, Inc. for Interstate 15 / State Route 79 South Ultimate Interchange,
PW04-08 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by
Comerchero; and electronic vote reflected approval by Comerchero, Edwards,
Naggar, Stewart and Rahn.
RECOMMENDATION:
11.1 That the City Council approve the First Amendment to the Agreement for
Consultant Services with Falcon Engineering Services, Inc., in an amount not to
exceed $300,000, to provide professional construction management services for
the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08.
12 Adopt a Resolution to Establish an All -Way Stop Control at the Intersection of Honors
Drive and Brassie Lane - Approved Staff Recommendation (5-0); Motion by Edwards,
Second by Comerchero; and electronic vote reflected approval by Comerchero,
Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
Action Minutes 112718 5
12.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 18- 77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL
AT THE INTERSECTION OF HONORS DRIVE AND BRASSIE
LANE
RECESS:
At 7:26 PM, the City Council recessed and convened as the Temecula Community Services
District Meeting, Temecula Public Financing Authority and the Successor Agency of the
Temecula Redevelopment Agency Meeting. At 7:30 PM, the City Council resumed with the
remainder of the City Council Agenda.
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
18 Approve the Universal Health Systems Temecula Valley Hospital's Proposed Modification
to a Condition of Approval (Planning Application No. PA18-1258) (Continued from
November 13, 2018) - Approved Staff Recommendation (5-0); Motion by Naggar,
Second by Comerchero; and electronic vote reflected approval by Comerchero,
Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
18.1 That the City Council conduct a Public Hearing and approve the Universal Health
Systems Temecula Valley Hospital's proposed Modification to Condition of
Approval No. 27 (Planning Application No. PA18-1258) upon Council
consideration and adopt related resolution:
RESOLUTION NO. 18-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MODIFICATION TO REVISE
DEVELOPMENT PLAN (PA10-0194) CONDITION OF
APPROVAL NO. 27 TO REQUIRE THE COMMENCEMENT
OF THE PHASE IV HOSPITAL BED TOWER (HOSPITAL BED
TOWER 2) FOUNDATION WITHIN 15 YEARS OF
THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY
FOR THE PHASE I HOSPITAL BUILDING (HOSPITAL BED
TOWER 1), OR NO LATER THAN FEBRUARY 8, 2029, FOR
THE PROJECT LOCATED AT 31700 TEMECULA PARKWAY
(APN 959-080-026)
DEPARTMENTAL REPORTS
19 Community Development Department Monthly Report
20 Fire Department monthly report
21 Police Department Monthly Report
Action Minutes 112718 6
22 Public Works Department Monthly Report
COMMISSION REPORTS
PUBLIC SAFETY REPORT
CITY MANAGER REPORT
CITY ATTORNEY REPORT
City Attorney Thorson stated there were no reportable actions under the Brown Act in regards to
the Closed Session items.
ADJOURNMENT
At 8:00 PM, the City Council meeting was formally adjourned to Tuesday, December 11, 2018,
at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council
Chambers, 41000 Main Street, Temecula, California.
Adjourned in Memory of
Bob Morris
***
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
Action Minutes 112718 7
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: December 11, 2018
SUBJECT: Approve the List of Demands
PREPARED BY: Pascale Brown, Fiscal Services Manager
Pam Espinoza, Accounting Technician I
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 following claims and demands as set forth in Exhibit A, on
file in the office of the City Clerk, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $4,763,770.70.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of December, 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 11th day of December, 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
11/15/2018 TOTAL CHECK RUN: $ 1,632,268.04
11/20/2018 TOTAL CHECK RUN: 2,656,812.35
11/15/2018 TOTAL PAYROLL RUN: 474,690.31
TOTAL LIST OF DEMANDS FOR 11/27/2018 COUNCIL MEETING: $ 4,763,770.70
DISBURSEMENTS BY FUND:
CHECKS:
CITY OF TEMECULA
LIST OF DEMANDS
001 GENERAL FUND
140 COMMUNITY DEV BLOCK GRANT
165 AFFORDABLE HOUSING
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 WORKERS' COMPENSATION
310 VEHICLE AND EQUIPMENT FUND
320 INFORMATION TECHNOLOGY
330 CENTRAL SERVICES
340 FACILITIES
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 1 SADDLEWOOD
502 SERVICE LEVEL"C"ZONE 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
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 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"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
$ 3,059,315.99
8,457.02
2,955.41
190,713.04
245.19
1,011.98
2,913.40
17,210.27
759,753.66
41,709.86
2,721.80
14,059.68
44,812.62
1,890.73
60,844.56
1,669.93
1,669.95
1,140.65
1,669.93
1,669.93
2,391.19
1,737.71
2,263.58
1,662.66
1,782.42
334.52
1,580.61
988.04
598.84
6,049.42
109.42
309.88
87.95
3,703.54
1,360.41
578.56
466.55
3,185.15
95.79
4,684.38
2,412.87
7,660.29
10,638.15
178.91
309.20
6,421.76
1,884.20
87.55
348.61
8,645.94
86.69
$ 4,289,080.39
CITY OF TEMECULA
LIST OF DEMANDS
001 GENERAL FUND $ 289,075.18
140 COMMUNITY DEV BLOCK GRANT 658.86
165 AFFORDABLE HOUSING 4,114.85
190 TEMECULA COMMUNITY SERVICES DISTRICT 129,593.09
192 TCSD SERVICE LEVEL B STREET LIGHTS 449.06
194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,327.80
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 333.16
197 TEMECULA LIBRARY FUND 1,954.96
300 INSURANCE FUND 736.38
305 WORKERS' COMPENSATION 736.44
320 INFORMATION TECHNOLOGY 32,460.45
330 CENTRAL SERVICES 3,450.98
340 FACILITIES 7,657.93
472 CFD 01-2 HARVESTON A&B DEBT SERVICE 103.95
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 103.94
474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 103.95
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 103.95
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 103.95
477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 103.95
478 CFD 16-01 RORIPAUGH PHASE II 235.60
501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2.15
502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 28.65
503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 17.52
504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4.01
505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 28.72
506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 12.66
507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 14.90
508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 142.17
509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.41
510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 8.03
511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.88
512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 88.41
513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 18.36
514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 6.89
515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 6.43
516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 20.46
517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.60
518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 84.50
519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 44.07
520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 112.75
521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 191.80
522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.34
523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.62
524 SERVICE LEVEL"C"ZONE 24 HARVESTON 155.35
525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 39.52
526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.17
527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6.67
528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 226.50
529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.34
474,690.31
TOTAL BY FUND: $ 4,763.770.70
apChkLst Final Check List
11/15/2018 11:55:19AM CITY OF TEMECULA
Page: 1
Bank : union UNION BANK
Check # Date Vendor
Description
Amount Paid Check Total
5207 11/15/2018 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT
SUPPORT
899.07 899.07
5208 11/15/2018 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 9,607.63 9,607.63
303355 PAYMENT
5209 11/15/2018 000444 INSTATAX (EDD) STATE TAXES PAYMENT 23,648.58 23,648.58
5210 11/15/2018 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 79,268.89 79,268.89
5211 11/15/2018 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 11,468.65 11,468.65
SOLUTION
5213 11/15/2018 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 3,121.14 3,121.14
SOLUTION PAYMENT
5214 11/15/2018 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 101,300.63 101,300.63
RETIREMENT)
5215 11/14/2018 000621 WESTERN RIVERSIDE
COUNCIL OF, GOVERNMENTS
(WRCOG)
OCT'18 TUMF PAYMENT
177, 329.00 177, 329.00
5216 11/05/2018 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS -FIRE STATION 73 119.84 119.84
5217 11/05/2018 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS -THEATRE 148.98 148.98
5218 11/05/2018 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS- PUBLIC 188.98 188.98
LIBRARY
5219 11/06/2018 010276 TIME WARNER CABLE NOV INTERNET SVCS- 41000 MAIN ST 1,041 66 1,041.66
5220 11/08/2018 010276 TIME WARNER CABLE NOV INTERNET SVCS- 28816 PUJOL
ST
5221 11/02/2018 000537 SO CALIF EDISON OCT 2-29-224-0173 32364 OVERLAND
TRL
5222 11/05/2018 000537 SO CALIF EDISON OCT 2-30-520-4414 32781 TEM PKWY
5223 11/05/2018 000537 SO CALIF EDISON OCT 2-29-295-3510 32211 WOLF
VALLEY RD
586.77 586.77
1,781.33 1,781.33
1,030.36 1,030.36
1,175.12 1,175.12
Page:1
apChkLst
11/1512018 11:55:19AM
Final Check List
CITY OF TEMECULA
Page: 2
Bank : union UNION BANK (Continued)
Check # Date
Vendor
5224 11/05/2018 000537 SO CALIF EDISON
5225 10/04/2018 000262 RANCHO CALIF WATER
DISTRICT
5226 11/07/2018 001212 SO CALIF GAS COMPANY
192374 11/08/2018 000978 TIP OF SW RIVERSIDE
COUNTY INC
192375 11/15/2018 020384 ADRIANY, LINDA
192376 11/15/2018 003552 AFLAC PREMIUM HOLDING,
C/O BNB BANK LOCKBOX
192377 11/15/2018 003951 ALL AMERICAN ASPHALT
192378 11/15/2018 010905 ALLIED TRAFFIC &
EQUIPMENT, RENTALS INC
192379 11/15/2018 013015 ALWAYS RELIABLE
BACKFLOW, AKA NANETTE
SEMAN
192380 11/15/2018 004240 AMERICAN FORENSIC NURSES
AFN
192381 11/15/2018 006388 ANGELS BASEBALL L.P.
192382 11/15/2018 000101 APPLE ONE INC
192383 11/15/2018 001445 ASSISTANCE LEAGUE OF
TEMECULA, VALLEY
192384 11/15/2018 018941 AZTEC LANDSCAPING INC
192385 11/15/2018 019709 BAGDASARIAN, NADYA
Description
Amount Paid
Check Total
OCT 2-00-397-5067 TCSD SVC LEVEL C
OCT 42226 CROWNE HILL DR
OCT 095-167-7907-2 30650 PAUBA RD
DONATION/TABLE RESERV:HERO'S
W/HEART
REFUND:CFD 03-02 SPEC TAX PMT
AFLAC ACCIDENT INDEMNITY
PAYMENT
ASPHALT SUPPLIES: PW STREET
MAINT
ASPHALT SUPPLIES: PW STREET MAINT
ASPHALT SUPPLIES: PW STREET MAINT
ASPHALT SUPPLIES: PW STREET MAINT
ASPHALT SUPPLIES: PW STREET MAINT
MISC. SUPPLIES- VARI SPECIAL
EVENTS
backflow testings: var parks & medians
PHLEBOTOMY SVCS:TEMECULA
POLICE
PHLEBOTOMY SVCS:TEMECULA POLICE
STADIUM TOUR:SISTER CITY DAISEN
OCT TEMP STAFFING: CLERK & COM
DEV
AUG & SEP SUB -RECIPIENT -OPS
SCHOOL BELL
JUL JANITORIAL SVCS: VARI PARKS
SEP JANITORIAL SVCS: VARI PARKS
AUG JANITORIAL SVCS: VARI PARKS
OCT JANITORIAL SVCS: VARI PARKS
REIMB: MILEAGE: CALBO CONF
10/18/18
REIMB: TEAM PACE EVENT 10/31/18
1,885.96
1,129.14
103.92
75.00
721.26
3,850.98
510.80
419.78
427.16
596.89
554.26
760.00
1,350.00
945.00
220.00
200.00
4,926.72
7,961.00
7,788.52
7,788.52
7,788.52
7,788.52
63.44
1,885.96
1,129.14
103.92
75.00
721.26
3,850.98
2,508.89
760.00
1,350.00
1,165.00
200.00
4,926.72
7,961.00
31,154.08
161.19 224.63
Page2
apChkLst Final Check List
11115/2018 11:55:19AM CITY OF TEMECULA
Page: 3
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
192386 11/15/2018 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS:LIBRARY 200.85
BOOK COLLECTIONS:LIBRARY 57.14
BOOK COLLECTIONS:LIBRARY 55.18
BOOK COLLECTIONS:LIBRARY 151.03
BOOK COLLECTIONS:LIBRARY 182.08
BOOK COLLECTIONS:LIBRARY 689.30
BOOK COLLECTIONS:LIBRARY 163.03
BOOK COLLECTIONS:LIBRARY 195.17
BOOK COLLECTIONS:LIBRARY 57.44 1,751.22
192387 11/15/2018 018101 BARN STAGE COMPANY INC, STTLMNT: MAGIC AT THE MERC 350.00 350.00
THE 11/11/18
192388 11/15/2018 014284 BLAKELYS TRUCK SERVICE, VEHICLE/EQUIP REPAIRS:PW STREET 90.00
AKA DONALD W BLAKELY MAINT
VEHICLE/EQUIP REPAIRS:PW STREET M 135.00 225.00
192389 11/15/2018 017428 BSSAT CORPORATION, DBA: Refreshments:Christmas Tree Lighting 625.31 625.31
CAFE ESPRESSO
192390 11/15/2018 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: PW STREET 364.07 364.07
MATERIALS CO MAINT
192391 11/15/2018 000152 CALIF PARKS & RECREATION MEMBERSHIP RENEWAL: WOOTEN 150.00
SOC,CPRS
MEMBERSHIP RENEWAL: HAWKINS 480.00 630.00
192392 11/15/2018 001374 CALIF SECRETARY OF STATE REGISTR: EVENT 135S S. POLLACK 40.00 40.00
11/29
192393 11/15/2018 001610 CALTRANS, DEPT OF SEP '18 PROJECT DETAIL 5,663.93
TRANSPORTATION EXPENDITURE
JUL-SEP '18 PROJECT DETAIL EXPENDIl 16,404.50 22,068.43
192394 11/15/2018 004462 CDW LLC, DBA CDW MISC SMALL TOOLS & EQUIP:INFO 317.78 317.78
GOVERNMENT LLC TECH
192395 11/15/2018 005447 CLEMENTS, BRIAN REIMB: BLDG OFFICIALS CERT: 761.82 761.82
10/22-10/26
192396 11/15/2018 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 4.00 4.00
CHARITIES PAYMENT
192397 11/15/2018 004412 COMPLETE TENNIS CAMP, TCSD INSTRUCTOR EARNINGS 175.00 175.00
THE, CTC TENNIS, AKA KERRY
LE
192398 11/15/2018 019255 COMTRONIX PARK MAINT VEHICLE REPAIR
COMMUNICATIONS INC
531.17 531.17
Page:3
apChkLst
11/15/2018 11:55:19AM
Final Check List
CITY OF TEMECULA
Page: 4
Bank : union UNION BANK (Continued)
Check # Date
Vendor
192399 11/15/2018 004329 COSTCO TEMECULA 491
192400 11/15/2018 002631 COUNTS UNLIMITED INC
192401 11/15/2018 014501 COUNTYWIDE MECHANICAL
SYSTEMS
192402 11/15/2018 010650 CRAFTSMEN PLUMBING &
HVAC INC
192403 11/15/2018 020648 DG INVESTMENT HOLDINGS 2
INC, CONVERGINT
TECHNOLOGIES
192404 11/15/2018 003945 DIAMOND ENVIRONMENTAL
SRVCS
192405 11/15/2018 004192 DOWNS ENERGY FUEL
192406 11/15/2018 016839 EHS INTERNATIONAL, INC.
192407 11/15/2018 001056 EXCEL LANDSCAPE INC
Description
Amount Paid
Check Total
SUPPLIES:CULTURAL ARTS EVENTS
Traffic count data collection svcs: pw
Traffic count data collection svcs: pw
CIVIC CTR: VARIOUS HVAC REPAIRS
CIVIC CTR: VARIOUS HVAC REPAIRS
CIVIC CTR: VARIOUS HVAC REPAIRS
CIVIC CTR: VARIOUS HVAC REPAIRS
Pat Birdsall Sports Park: Stove Repair
CITYWIDE SURVEILLANCE PROJ: INFO
TECH CI
PORTABLE RESTROOMS: CHANNEL
CLEAN-UP
PORTABLE RESTROOMS: CHANNEL CLE
PORTABLE RESTROOM RENTAL: RANCI-
FUEL FOR CITY VEHICLES: PUBLIC
WORKS
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
TCSD
TCSD
PUBLIC WOF
STREETS MF
POLICE DEP
PUBLIC WOF
BLDG & SAFI
FUEL FOR CITY VEHICLES: CODE ENFOI
FUEL FOR CITY VEHICLES: PW: TRAFFIC
WC SAFETY CONSULTANT: RISK
MGMT
OCT LDSCP MAINT: LEVEL C SLOPES
OCT LDSCP MAINT SRVC:VAR SCHOOLS
IRRIGATION REPAIRS: VARIOUS PARKS
OCT LDSCP MAINT SVCS: FACILITIES
OCT LDSCP MAINT SRVC:VAR MEDIANS
OCT LDSCP MAINT: LEVEL C SLOPES
OCT LDSCP MAINT SRVC:VAR PARKS
irrigation repair: var landscape medians
192408 11/15/2018 019469 FALCON ENGINEERING OCT CONST MGMT SRVCS:I-15/79S
SERVICES
PW04-08
118.46
2,715.00
15,150.00
229.91
3,072.73
4,096.77
3,490.42
286.00
237,442.00
51.49
102.21
55.88
333.07
42.61
584.73
1,322.65
1,457.40
80.21
78.21
359.29
113.25
373.21
1,837.50
23, 981.43
57,149.37
433.89
12,307.63
20,497.82
38, 671.35
54, 827.34
177.94
118.46
17,865.00
10,889.83
286.00
237,442.00
209.58
4,744.63
1,837.50
208,046.77
197,976.09 197,976.09
Page:4
apChkLst Final Check List
11115/2018 11:55:19AM CITY OF TEMECULA
Page: 5
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
192409 11/15/2018 000165 FEDERAL EXPRESS INC 10/30 EXP MAIL SVCS; CITY MANAGER
192410 11/15/2018 003747 FINE ARTS NETWORK AKA
THEATRE, CO AND BALLET
THEATER
192411 11/15/2018 003747 FINE ARTS NETWORK AKA
THEATRE, CO AND BALLET
THEATER
192412 11/15/2018 002982 FRANCHISE TAX BOARD
TIX: "PARADE" 10/26-10/28
STTLMNT: "CURTAINS" 10/12-10/21
KRACH, BREE - CASE# 603016103
18.85 18.85
7,098.42 7,098.42
3,990.80 3,990.80
25.15 25.15
192413 11/15/2018 020711 FRONTIER TECHNOLOGY LLC, THEATER SIGNAGE 1,600.58 1,600.58
DBA MICRO AGE
192414 11/15/2018 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: 101.92 101.92
THEATER
192415 11/15/2018 000177 GLENNIES OFFICE PRODUCTS MISC. OFFICE SUPPLIES: STA 84 76.19
INC
MISC. OFFICE SUPPLIES: STA 95 9.76 85.95
192416 11/15/2018 016552 GONZALES, MARK ALLEN TCSD INSTRUCTOR EARNINGS 480.00 480.00
Page:5
apChkLst Final Check List
1111512018 11:55:19AM CITY OF TEMECULA
Page: 6
Bank : union UNION BANK (Continued)
Check # Date Vendor
192417 11/15/2018 000186 HANKS HARDWARE INC
192418 11/15/2018 019732 HARC, INC.
192419 11/15/2018 013749 HELIXSTORM INC
Description
Amount Paid Check Total
HARDWARE SUPPLIES: STA 95 244.78
EQUIPMENT: PREV 18.48
HARDWARE SUPPLIES - STA 73 21.28
HARDWARE SUPPLIES - STA 73 15.31
HARDWARE SUPPLIES : STA 12 20.22
HARDWARE SUPPLIES: STA 84 53.42
HARDWARE SUPPLIES - STA 73 2.71
HARDWARE SUPPLIES: STA 84 6.02
MISC SUPPLIES FOR PW STREET MAINZ 135.34
MAINT SUPPLIES: MPSC 130.50
MAINT SUPPLIES: CIVIC CTR 45.64
MAINT SUPPLIES: CRC 29.32
MAINT SUPPLIES: AQUATICS 16.06
MAINT. SUPPLIES: VARIOUS PARKS 34.56
MAINT. SUPPLIES: VARIOUS PARKS 8.25
HARDWARE SUPPLIES : STA 12 14.12
HARDWARE SUPPLIES - STA 95 156.02
HARDWARE SUPPLIES - STA 73 2.60
HARDWARE SUPPLIES - STA 73 28.24
HARDWARE SUPPLIES - STA 73 5.42
MAINT SUPPLIES: CIVIC CTR 48.01
MAINT SUPPLIES: OLD TOWN 4.33
MAINT SUPPLIES: CIVIC CTR 86.99
MAINT SUPPLIES: CRC 10.31
MAINT SUPPLIES: CIVIC CTR 35.75
MAINT SUPPLIES: CIVIC CTR 83.70
MAINT. SUPPLIES: VARIOUS PARKS 22.92
MAINT SUPPLIES: TCC 101.93
VARI TOOLS & EQUIPMENT:TVM & ACE 53.61 1,435.84
CONSULTING SVCS:PUBLIC 2,840.00 2,840.00
OUTREACH
IT INFRASTRUCTURE SUPPORT:INFO 8,831.25 8,831.25
TECH
192420 11/15/2018 010210 HOME DEPOT SUPPLY INC, MAINT SUPPLIES: TVM
THE
192421 11/15/2018 001282 KNORR SYSTEMS INC
CRC: Consultation for Pool Overfilling
CRC Pool: Repair Cabinet Cooling Fan -
Margarita Splash Pad: Various Supplies
CRC: REBUILD CHEMICAL FEED PUMP
CREDIT: DUPLICATE PAYMENTS
CRC: REBUILD CHEMICAL FEED PUMP
180.09 180.09
410.60
1,190.07
832.00
411.70
-2,531.52
292.00
604.85
Page:
apChkLst
11/15/2018 11:55:19AM
Final Check List
CITY OF TEMECULA
Page: 7
Bank : union UNION BANK (Continued)
Check # Date
Vendor
192422 11/15/2018 017118 KRACH BREE B, DBA
TEMECULA TROPHY & DES
192423 11/15/2018 020982 LAW OFFICE OF NANCYROSE,
HERNANDEZ TRUST ACCOUNT
192424 11/15/2018 000210 LEAGUE OF CALIF CITIES
192425 11/15/2018 005569 LEARNING FOR LIFE
CORPORATION
192426 11/15/2018 000482 LEIGHTON CONSULTING INC
192427 11/15/2018 004230 LINCOLN EQUIPMENT INC
192428 11/15/2018 019561 M R S OSHA SAFETY INC
192429 11/15/2018 003782 MAIN STREET SIGNS, DBA
ATHACO INC
192430 11/15/2018 011920 MASTER CONCEPTS LLC, DBA
MASTER SPORTS
Description
Amount Paid
Check Total
CREDIT: TAX WITHHOLDING CASE
603016103
STAFF INCENTIVE AWARDS:AQUATICS
STAFF INCENTIVE AWARDS:AQUATICS
NAMETAGS: THEATER
AWARDS:MPSC
RELEASE CLAIMS AGREEMENT
PAYMENT
REGISTRATION: DIVISION MTG:
EDWARDS
'19 POST
RECERTIFICATION-TEMECULA
OCT GEOTECH REVIEW FOR
HARVESTON II
POOL EQUIPMENT:AQUATICS
POOL EQUIPMENT:AQUATICS
mrs osha safety training -bloodborne
VARIOUS PARK SIGNS & SUPPLIES
SIGN REPLACEMENT SUPPLIES:PW STF
SIGN REPLACEMENT SUPPLIES:PW STF
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
-25.15
8.16
8.16
76.13
8.16
35,000.00
30.00
586.00
875.00
89.35
538.16
350.00
474.10
13,449.25
5,809.88
367.50
882.00
294.00
882.00
1,207.50
661.50
964.68
220.50
1,102.50
367.50
661.50
1,102.50
882.00
1,470.00
294.00
735.00
882.00
882.00
735.00
882.00
75.46
35,000.00
30.00
586.00
875.00
627.51
350.00
19,733.23
15,475.68
Page:7
apChkLst Final Check List
11/15/2018 11:55:19AM CITY OF TEMECULA
Page: 8
Bank : union UNION BANK (Continued)
Check # Date Vendor
192431 11/15/2018 014392 MC COLLOUGH JILL DENISE,
DBA TEMECULA PLANTSCAPE
Description
Amount Paid Check Total
OCT LIBRARY: PLANTSCAPE SVCS 200.00
NOV LIBRARY: PLANTSCAPE SVCS 200.00
OCT CIVIC CTR: PLANTSCAPE SVCS 500.00
NOV CIVIC CTR: PLANTSCAPE SVCS 500.00 1,400.00
192432 11/15/2018 019823 MERCHANTS BLDG MAINT LLC OCT CITY FACILITIES: JANITORIAL 21,614.01 21,614.01
SVCS
192433 11/15/2018 015259 MERCURY DISPOSAL RECYCLING FEES:CLASS II
SYSTEMS INC BATTERIES
192434 11/15/2018 018314 MICHAEL BAKER
INTERNATIONAL
192435 11/15/2018 020907 MICHELLE MEDINA, DBA
MICHELLE Q MEDINA
164.92 164.92
SEP ENG SUPPORT SVCS: PW04-08 7,938.00
SEP CONSULTANT SVCS: PW17-17 24,400.20
TCSD INSTRUCTOR EARNINGS 453.60
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
478.80
346.50
323.40
192436 11/15/2018 013443 MIDWEST TAPE LLC BOOKS/COLLECTIONS:LIBRARY 89.37
BOOKS/COLLECTIONS:LIBRARY 29.35
192437 11/15/2018 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CTR 69.72
INC
192438 11/15/2018 016445 MKB PRINTING &
PROMOTIONAL INC, DBA
MINUTEMAN PRESS
ELECTRICAL SUPPLIES: CIVIC CTR
ELECTRICAL SUPPLIES: CIVIC CTR
ELECTRICAL SUPPLIES: VARIOUS PARK:
ELECTRICAL SUPPLIES: VARIOUS PARK:
BUSINESS CARDS:TCSD: STRAWN, W.
134.58
145.64
57.36
70.91
32,338.20
1,602.30
118.72
478.21
37.52 37.52
192439 11/15/2018 017089 MORRIS-HOPKINS, BROOKE TCSD INSTRUCTOR EARNINGS 269.50
TCSD INSTRUCTOR EARNINGS 269.50
TCSD INSTRUCTOR EARNINGS 220.50
TCSD INSTRUCTOR EARNINGS 220.50 980.00
192440 11/15/2018 019019 MUSIC CONNECTION LLC STTLMNT: "SPEAKEASY AT THE MERC" 260.40 260.40
11/10/1
192441 11/15/2018 018402 NEWSMINDED INC NEWSPAPER DELIVER SVC:MPSC
125.00 125.00
192442 11/15/2018 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES:HR 27.27
DIV
OFFICE SUPPLIES:HR 7.85
35.12
Page:8
apChkLst Final Check List
11115/2018 11:55:19AM CITY OF TEMECULA
Page: 9
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
192443 11/15/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PW
STREETS
CITY VEHICLE MAINT SVCS:PW FACILITI
CITY VEHICLE MAINT SVCS:PW LAND DE
192444 11/15/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:BLDG &
SAFETY
192445 11/15/2018 013127 ON STAGE MUSICALS, AKA "SHERRY WILLIAMS' SWING TIME
JEFFREY PAUL STOVER W/BIG BAND"
192446 11/15/2018 019334 PARK CONSULTING GROUP OCT CONSULTING & ENTERPRISE
INC SVCS: IT
192447 11/15/2018 010338 POOL AND ELECTRICAL VARIOUS SUPPLIES: AQUATICS
PRODUCTS, INC
192448 11/15/2018 011549 POWER SPORTS UNLIMITED, VEH MAINT & REPAIR: TEMECULA
DBA BMW MOTORCYCLES OF POLICE
NO
192449 11/15/2018 012904 PROACTIVE FIRE DESIGN OCT PLAN REVIEW SRVCS:FIRE PREV
AND, CONSULTING
192450 11/15/2018 003697 PROJECT DESIGN SEPT ENG SRVCS:OVERLAND DR EXT,
CONSULTANTS PW16-06
192451 11/15/2018 005075 PRUDENTIAL OVERALL
SUPPLY
192452 11/15/2018 002072 RANCHO CALIF WATER
136.91
118.77
31.75 28743
42.87 42.87
5,990.46 5,990.46
7,928.75 7,928.75
308.78 308.78
340.99 340.99
11,460.10 11,460.10
2,500.00 2,500.00
OCT FLR MATS/UNIFORM SRVCS:CITY 823.12
FACS
OCT FLOOR MATS/UNIFORM SRVCS:C.0 611.48
INSPECT DEPOSIT:OVERLAND DRIVE 13,567.88
DIST-FEES EXT.
192453 11/15/2018 002072 RANCHO CALIF WATER INSPECT DEPOSIT:8" WTR LINE AT
DIST-FEES FOURTH
192454 11/15/2018 019409 RANCHO CALIF WATER CONSTR MGMT/INSPEC:I-15/79S
DISTRICT PW0408
192455 11/15/2018 000947 RANCHO REPROGRAPHICS
REPROGRAPHIC SRVCS:CRC POOL,
P W 18-02
REPROGRAPHIC SRVCS:PECH.PKWY,PV
REPROGRAPHIC SRVCS:MEADOWVIEW
REPROGRAPHIC SRVCS:CRC POOL, PVA
192456 11/15/2018 016233 REHAB SOLUTIONS, LLC, DBA ERGONOMIC SUPPLIES: CM OFC
ERGONOMIC CONNECTION
1,434.60
13, 567.88
2,805.00 2,805.00
112, 351.07 112, 351.07
369.21
621.18
156.60
59.27
1,206.26
170.74 170.74
Page9
apChkLst
11/15/2018 11:55:19AM
Final Check List
CITY OF TEMECULA
Page: 10
Bank : union UNION BANK (Continued)
Check # Date
Vendor
192457 11/15/2018 003591 RENES COMMERCIAL
MANAGEMENT
192458 11/15/2018 002412 RICHARDS WATSON AND
GERSHON
192459 11/15/2018 001592 RIVERSIDE CO INFO
TECHNOLOGY
192460 11/15/2018 001365 RIVERSIDE, COUNTY OF,
ENVIRONMENTAL HEALTH
DEPT
192461 11/15/2018 004274 SAFE AND SECURE
LOCKSMITH SRVC
192462 11/15/2018 017699 SARNOWSKI SHAWNA M
PRESTON
192463 11/15/2018 009213 SHERRY BERRY MUSIC
192464 11/15/2018 009746 SIGNS BY TOMORROW
192465 11/15/2018 000645 SMART AND FINAL INC
Description
Amount Paid
Check Total
HOMELESS ENCAMPMENT CLEAN-UP
10/15-17
HOMELESS ENCAMPMENT CLEAN-UP 1(
HOMELESS ENCAMPMENT CLEAN-UP 1(
HOMELESS ENCAMPMENT CLEAN-UP 1(
HOMELESS ENCAMPMENT CLEAN-UP 1(
HOMELESS ENCAMPMENT CLEAN-UP 1(
RELEASE SETTLEMENTAGRMNT
PAYMENT
SEPT EMERG RADIO RENTAL: TEM
POLICE
JUL-SEPT VECTOR CONTROL
SRVCS:CODE ENF
LOCKSMITH SRVCS:HARVESTON
PARK
LOCKSMITH SRVCS:PW PARKS VEHICLE
PHOTOGRAPHY:FALLEN HEROES
JAZZ @ THE MERC 11/8
JUL PUBLIC NTC
POSTING/PA18-0631: PLNG
JUL PUBLIC NTC POSTING/PA18-0215: PL
JUL PUBLIC NTC POSTING/PA18-0592:PL
AUG PUBLIC NTC POSTING/PA18-0209:P
AUG PUBLIC NTC POSTING/PA18-0583:P
OCT PUBLIC NTC POSTING/PA18-0381:P
SEPT PUBLIC NTC POSTING/PA18-0890:F
SEPT PUBLIC NTC POSTING/PA18-0714:1
AUG PUBLIC NTC POSTING/PA18-0771:P
JUL PUBLIC NTC POSTING/PA18-0755: PL
AUG PUBLIC NTC POSTING/PA18-0454:P
JUL PUBLIC NTC POSTING/PA17-1422:PL
OCT PUBLIC NTC POSTING/PA18-1258:P
JUL PUBLIC NTC POSTING/PA18-0574:PL
SUPPLIES:ART OFF THE WALLS
192466 11/15/2018 019493 SMITH, CYNTHIA REIMB: MILEAGE: CALBO CONF:
10/15/18
4,550.00
1,805.00
1,805.00
5,875.00
1,805.00
5,415.00
2,557.17
2,551.37
5,212.57
27.28
32.33
100.00
505.00
548.25
425.50
212.75
851.00
212.75
425.50
212.75
212.75
212.75
425.50
212.75
212.75
638.25
212.75
309.34
21, 255.00
2,557.17
2,551 37
5,212.57
59.61
100.00
505.00
5,016.00
309.34
59.51 59.51
Page:10
apChkLst
1111512018 11:55:19AM
Final Check List
CITY OF TEMECULA
Page: 11
Bank : union UNION BANK (Continued)
Check # Date
Vendor
192467 11/15/2018 015235 SMOKE GUARD CALIFORNIA,
INC.
192468 11/15/2018 014783 SOFTRESOURCES, LLC
192469 11/15/2018 000519 SOUTH COUNTY PEST
CONTROL INC
192470 11/15/2018 012652 SOUTHERN CALIFORNIA,
TELEPHONE COMPANY
192471 11/15/2018 000293 STADIUM PIZZA INC
192472 11/15/2018 008337 STAPLES BUSINESS CREDIT
192473 11/15/2018 017814 STC TRAFFIC, INC
192474 11/15/2018 001546 STRAIGHT LINE GLASS AND
MIRROR, COMPANY INC
192475 11/15/2018 020446 SURERIDE CHARTER INC, DBA
SUN DIEGO CHARTER
192476 11/15/2018 014552 TEMECULA CARRIAGE
COMPANY, LLC
192477 11/15/2018 003677 TEMECULA MOTORSPORTS
LLC
192478 11/15/2018 017295 TEMECULA PIZZA FACTORY,
DBA: (PF INDUSTRIES, LLC)
192479 11/15/2018 000306 TEMECULA VALLEY PIPE &
SUPPLY
Description
Amount Paid
Check Total
SMOKE GUARD INSPECTIONS:CIVIC
CENTER
OCT ASSET MGMT CONSULT
SRVCS:INFO TECH
OCT PEST CONTROL SRVCS:CITY
FACS
OCT PEST CONTROL SRVCS:MARG SPL.
OCT GEN USAGE: 0141,0839,2593,9306
REFRESHMENTS:SKATE PARK EVENT
10/19
REFRESHMENTS:HIGH HOPES HALLOW
REFRESHMENTS:HIGH HOPES GAME NI
OFFICE SUPPLIES:TCSD ADMIN
OFFICE SUPPLIES:TCSDADMIN
OFFICE SUPPLIES:PW DEPTS
OFFICE SUPPLIES:TCSD ADMIN
OFFICE SUPPLIES:TCSDADMIN
OFFICE SUPPLIES:PW LAND DEV
SEPT FIBER OPTIC COMMUNICATION
SYS:PW
JUL FIBER OPTIC COMMUNICATION SYS
AUG FIBER OPTIC COMMUNICATION SY:
REPLACE WNDOW:PBSP
TRANSPORTATION:MPSC EXCURSION
12/5
DEPOSIT:CARRIAGE RIDES/TVM
12/15/18
VEH REPAIR & MAINT:POLICE
VEH REPAIR & MAINT:POLICE
VEH REPAIR & MAINT:POLICE
VEH REPAIR & MAINT:POLICE
MOTORCYCLE REPAIR/MAINT:TEM.P.D.
REFRESHMENTS:CRC EVENT 10/28
IRRIG & PLUMBING
SUPPLIES:VARIOUS PARKS
1,500.00
5,162.13
1,019.00
49.00
594.12
164.30
397.87
246.29
56.02
54.32
79.48
141.36
80.08
65.55
15,19000
7,575.00
7,105.00
205.18
1,043.25
250.00
377.69
302.58
65.40
301.51
384.03
293.79
1,500.00
5,162.13
1,068.00
594.12
808.46
476.81
29,870.00
205.18
1,043.25
250.00
1,431.21
293.79
41.51 41.51
Page:11
apChkLst
11/15/2018 11: 55:19A M
Final Check List
CITY OF TEMECULA
Page: 12
Bank : union UNION BANK (Continued)
Check # Date
Vendor
192480 11/15/2018 003849 TERRYBERRY COMPANY
192481 11/15/2018 016311 TIERCE, NICHOLAS
192482 11/15/2018 019100 TNT ENTERTAINMENT GROUP
LLC
192483 11/15/2018 011618 TSI INCORPORATED
192484 11/15/2018 017579 U S HEALTHWORKS MEDICAL,
GROUP PC
192485 11/15/2018 002185 U.S. POSTAL SERVICE
192486 11/15/2018 002185 U.S. POSTAL SERVICE
192487 11/15/2018 007766 UNDERGROUND SERVICE
ALERT, OF SOUTHERN
CALIFORNIA
192488 11/15/2018 012549 UPODIUM,AKAJOHN
FONTEYN
192489 11/15/2018 009101 VISION ONE, INC., DBA:
ACCESSO SHOWARE
192490 11/15/2018 018147 WADDLETON, JEFFREY L.
192491 11/15/2018 007987 WALMART
192492 11/15/2018 001881 WATER SAFETY PRODUCTS
INC
192493 11/15/2018 020670 WEBB MUNICIPAL FINANCE
LLC
192494 11/15/2018 003730 WEST COAST ARBORISTS INC
Description
Amount Paid Check Total
SERVICE AWARDS: HR
GRAPHIC DSGN SRVCS: THEATER
GRAPHIC DESIGNNIDEO EDITING:TVM
DJ/ANNOUNCER SRVCS:VETERANS
DAY 11/11
EQUIP REPAIR & MAINT:CODE
ENFORCE
MEDICAL SCREENINGS: HR
MEDICAL SCREENINGS: HR
POSTAL SRVCS:FINANCE
PERMIT # 5 MARKETING MAIL SRVCS
OCT UNDERGROUND UTILITY
LOCATOR ALERTS:
VEH MAINT SUPPLIES: STA 12
VEH MAINT SUPPLIES: STA 84
VEH MAINT SUPPLIES: STA 84
OCT SHOWARE TICKETING
SRVCS:THEATER
DJ/ANNOUNCER SRVCS:DUCK POND
TREE LIGHT
SUPPLIES:ART OFF THE WALLS
THEATER HOSPITALITY & MISC SUPPLIE
RECREATION SUPPLIES:CRC
MISC SUPPLIES:AQUATICS PRGM
SPECIALTAXADMIN SRVCS:CFD/TCSD
10/16-31/18 TREE MAINT:TRADEWINDS
10/16-31/18 TREE MAINT:CITY R -O -W
10/16-31/18 TREE MAINT:PARKS & MEDIP
303.42
3,300.00
720.00
5,065.00
404.09
491.00
320.00
3,920.00
225.00
274.00
27.41
75.05
313.00
3,246.00
390.00
155.68
91.66
166.30
433.55
19,114.17
2,111.35
7,789.80
2,003.45
303.42
4,020.00
5,065.00
404.09
811.00
3,920.00
225.00
274.00
415.46
3,246.00
390.00
413.64
433.55
19,114.17
11, 904.60
Page:12
apChkLst Final Check List
11/15/2018 11:55:19AM CITY OF TEMECULA
Page: 13
Bank : union UNION BANK (Continued)
Check # Date Vendor
192495 11/15/2018 008402 WESTERN RIVERSIDE CO
REG, CONSERVATION
AUTHORITY
Description
Amount Paid Check Total
OCT'18 MSHCP PAYMENT
192496 11/15/2018 000341 WILLDAN ASSOCIATES INC SEPT ON-CALL TRAFFIC ENG SRVCS:
PW TRAFF
192497 11/15/2018 002993 WSP USA, INC. MAY LAND SURVEY
SRVCS:F.V.PKWY/I-15 0704
192498 11/15/2018 010060 WYTRYKUS, LESLIE REIMB: MILEAGE: CABLO CONF:
10/18/18
2,104.00 2,104.00
326.00 326.00
879.79 879.79
59.51 59.51
Grand total for UNION BANK:
1,632, 268.04
Page:13
apChkLst Final Check List
11/15/2018 11:55:19AM CITY OF TEMECULA
Page: 14
144 checks in this report. Grand Total All Checks.
1,632, 268.04
Page:14
apChkLst Final Check List
11/20/2018 9:31:39AM CITY OF TEMECULA
Page: 1
Bank : union UNION BANK
Check # Date Vendor
Description
Amount Paid Check Total
5227 11/13/2018 010276 TIME WARNER CABLE NOV INTERNET SVCS- 30600 PAUBA
RD
5228 11/07/2018 001212 SO CALIF GAS COMPANY OCT 125-244-2108-3 30600 PAUBA RD
5229 11/02/2018 000537 SO CALIF EDISON OCT 2-31-419-2873 43000 HWY 395
5230 11/07/2018 006887 UNION BANK OF CALIFORNIA
020987 HOST COMPLIANCE
020370 BEENVERIFIED.COM
006714 SHERATON HOTEL
LW SHORT TERM TREND MONITORING
SFTWR:
LW MONTHLY DUES: CODE
ENFORCEMENT
LW LODGING: APA CONF: PETERS, M.
5231 11/19/2018 007282 AMAZON COM INC, MISC SUPPLIES:HUMAN SVCS PGRMS
SYN C B/AMAZON
5232 11/06/2018 000537 SO CALIF EDISON
5233 11/06/2018 000537 SO CALIF EDISON
5234 11/06/2018 000537 SO CALIF EDISON
5235 11/06/2018 000537 SO CALIF EDISON
594.83 594.83
67.56 67.56
29,813.11 29,813.11
380.00
52.45
363.02
574.12
795.47
2018 evacuation equipment 515.42
BOOKS/COLLECTIONS:LIBRARY 346.50
SUPPLIES:TVM AND ACE 169.98
SUPPLIES:TVM AND ACE 152.29
RECREATION SUPPLIES:CRC 121.90
BOOKS/COLLECTIONS:LIBRARY 14.44
BOOKS/COLLECTIONS:LIBRARY 13.87
BOOKS/COLLECTIONS:LIBRARY 13.85
BOO KS/COLL ECTION S: L I B RARY -37.58
BOOKS/COLLECTIONS:LIBRARY 100.65
MISC SUPPLIES:HUMAN SVCS PGRMS 95.60
BOOKS/COLLECTIONS:LIBRARY 42.60
BOOKS/COLLECTIONS:LIBRARY 37.58
BOOKS/COLLECTIONS:LIBRARY 28.06
BOOKS/COLLECTIONS:LIBRARY 15.65 2,204.93
OCT 2-29-953-8447 31738 WOLF 24.22 24.22
VALLEY RD
OCT 2-29-657-2332 45538 REDWOOD 24.35 24.35
RD
OCT 2-02-502-8077 43210 BUS PARK 336.93 336.93
DR
OCT 2-30-220-8749 45850 WOLF 375.76 375.76
CREEK DR
5236 11/06/2018 000537 SO CALIF EDISON OCT 2-28-629-0507 30600 PAUBA RD
8,455.07 8,455.07
Page:1
apChkLst Final Check List
11/20/2018 9:31:39AM CITY OF TEMECULA
Page: 2
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
5237 11/07/2018 014486 VERIZON WIRELESS 9/11 - 10/10 TASK FORCE TABLETS:
POLICE
5238 11/07/2018 014486 VERIZON WIRELESS 9/16-10/15
CELLULAR/BROADBAND:CITYWIDE
443.84 443.84
7,846.72 7,846.72
5241 11/05/2018 000537 SO CALIF EDISON OCT 2-39-732-3171 41997 MARGARITA 24.06 24.06
RD
5242 11/05/2018 000537 SO CALIF EDISON OCT 2-29-953-8249 46497 WOLF 26.51 26.51
CREEK DR
5243 11/05/2018 000537 SO CALIF EDISON OCT 2-29-953-8082 31523 WOLF 27.19 27.19
VALLEY RD
5244 11/05/2018 000537 SO CALIF EDISON OCT 2-35-707-0010 33451 S HWY 79 50.96 50.96
5245 11/05/2018 000537 SO CALIF EDISON OCT 2-29-223-8607 42035 2ND ST 486.86 486.86
5246 11/05/2018 000537 SO CALIF EDISON OCT 2-31-404-6020 28771 OT FRONT ST 612.19 612.19
5247 11/05/2018 000537 SO CALIF EDISON OCT 2-25-393-4681 41951 MORAGA RD 667.37 667.37
5248 11/05/2018 000537 SO CALIF EDISON 2-35-403-6337 41375 MCCABE CT 809.75 809.75
5249 11/05/2018 000537 SO CALIF EDISON OCT 2-35-664-9053 29119 MARGARITA 825.97 825.97
RD
5250 11/05/2018 000537 SO CALIF EDISON 2-31-536-3226 28690 MERCEDES ST 1,388.68 1,388.68
5251 11/05/2018 000537 SO CALIF EDISON OCT 2-00-397-5042 43200 BUS PARK 3,750.76 3,750.76
DR
192499 11/20/2018 019307 ADVANCED AUTOMOTIVE SMOG CHECK & CERTIFICATES:INFO
SMOG TECH
192500 11/20/2018 009374 ALLEGRO MUSICAL
VENTURES, DBA ALLEGRO
PIANO SERVIC
PIANO TUNING/MAINT: THEATER
192501 11/20/2018 009787 ALTEC INDUSTRIES INC VEHICLE REPAIR & MAINT: PW -
TRAFFIC
45.00 45.00
185.00 185.00
893.20 893.20
Paget
apChkLst Final Check List
11/20/2018 9:31:39AM CITY OF TEMECULA
Page: 3
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
192502 11/20/2018 013015 ALWAYS RELIABLE BACKFLOW REPAIRS:VAR. PARK 2,632.00
BACKFLOW, AKA NANETTE LOCATIONS
SEMAN
ANNUAL BACKFLOW TESTING: FACILITIE
192503 11/20/2018 004240 AMERICAN FORENSIC NURSES DEC '18 STAND BY FEE: POLICE
AFN
192504 11/20/2018 004623 AQUA SOURCE INC POOL SUPPLIES: TES POOL
192505 11/20/2018 012583 BLANCA Y PRICE
JUL LDSCP INSPECTION SVCS: BLDG
& SAFETY
SEP LDSCP INSPECTION SVCS: BLDG &
AUG LDSCP INSPECTION SVCS: BLDG &
192506 11/20/2018 020995 CALAHAN, RICHARD REIMB: UNIFORM SHIRTS: BLDG &
SAFETY
212.00 2,844.00
1,300.00 1,300.00
2,500.71 2,500.71
6,645.00
4,400.00
3,025.00 14,070.00
36.22 36.22
192507 11/20/2018 004566 CALIF DEPT -TOXIC SUB PMT OF FEES- HAZARDOUS WASTE 1,015.00 1,015.00
CONTROL MANIFEST
192508 11/20/2018 000131 CARL WARREN AND COMPANY OCT CLAIM ADJUSTER SVCS 1,231.80 1,231.80
INC
192509 11/20/2018 020989 CASEY GERRY SCHENK REFUND: DOUBLE PAYMENT POLICE 20.00 20.00
192510 11/20/2018 020996 CASILLAS, SHERYLA REFUND: PARKING CITATION 324808 330.00 330.00
192511 11/20/2018 018956 CHANNING BETE COMPANY CPR/AED SUPPLIES: MEDIC 57.00 57.00
INC
192512 11/20/2018 020201 CIRCLE OF SAFE -T INC SART EXAMS:TEMECULA POLICE 800.00 800.00
192513 11/20/2018 005447 CLEMENTS, BRIAN REIMB: UNIFORM SHIRTS: BLDG & 163.01 163.01
SAFETY
192514 11/20/2018 017429 COBRA ADVANTAGE INC, DBA OCT COBRA& FSAADMIN: HR 560.00 560.00
THE ADVANTAGE GROUP
192515 11/20/2018 004329 COSTCO TEMECULA 491
192516 11/20/2018 016724 CRAFT, CHARLENE
192517 11/20/2018 020436 CRONBERG, RICHARD N
SUPPLIES:INCLUSIVE SVCS 389.31
SUPPLIES:VARIOUS SPECIAL EVENTS
REIMB: TEAM PACE SUPPLIES
122.41 511.72
160.63 160.63
TCSD INSTRUCTOR EARNINGS 308.00
TCSD INSTRUCTOR EARNINGS
308.00 616.00
Page:3
apChkLst Final Check List
11/20/2018 9:31:39AM CITY OF TEMECULA
Page: 4
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
192518 11/20/2018 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARKS 1,571.88
MAINT
FUEL FOR CITY VEHICLES: TCSD 690.94
FUEL FOR CITY VEHICLES:STREETS MA 655.23
FUEL FOR CITY VEHICLES: PW TRAFFIC 300.17
FUEL FOR CITY VEHICLES: PUBLIC WOF 76.54 3,294.76
192519 11/20/2018 013367 ELECTRO INDUSTRIAL SUPPLY MISC SMALL TOOLS & EQUIP: PW 2,508.16 2,508.16
TRAFFIC
192520 11/20/2018 017736 FEAST CALIFORNIA CAFE, LLC, RFRSHMNTS:ACE/ART OFF THE 552.02 552.02
DBA CORNER BAKERY CAFE WALLS 11/27/18
192521 11/20/2018 019710 FU, JIMMY PHOTOGRAPHY SRVCS:ECO DEV
192522 11/20/2018 013076 GAUDET YVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS
YOU CAN DRAW
192523 11/20/2018 000186 HANKS HARDWARE INC
192524 11/20/2018 020628 HASA INC
192525 11/20/2018 000520 HDL COREN & CONE
200.00 200.00
302.40 302.40
MAINT SUPPLIES: VARIOUS PARKS 326.25
MAINT SUPPLIES: VARIOUS PARKS 281.87
MISC SUPPLIES: PW STREET MAINT 99.83
MAINT SUPPLIES: VARIOUS PARKS 81.51
MAINT SUPPLIES: CIVIC CTR 71.06
SMALL TOOLS:VAR PARKS 47.83
MAINT SUPPLIES: MPSC 4.11
SMALL TOOLS:VAR PARKS 32.46
MAINT SUPPLIES: VARIOUS PARKS 31.54
MAINT SUPPLIES: VARIOUS PARKS 28.49
MAINT SUPPLIES: VARIOUS PARKS 22.82
MAINT SUPPLIES: THEATER 20.40
MAINT SUPPLIES: CIVIC CTR 15.80 1,063.97
Pool Sanitizing Chemicals:various pools 626.40 626.40
OCT -DEC PROPERTY TAX 5,596.50 5,596.50
ANALYSIS:FINANCE
192526 11/20/2018 005449 I EF EA POST 860 FIRE EXPLORER ACADEMY: FIRE 1,590.00 1,590.00
DEPT
192527 11/20/2018 000863 I P MA (INT'L PUBLIC MGMT, AGENCY MEMBERSHIP FEE: HR 397.00 397.00
ASSOC FOR HR)
192528 11/20/2018 014378 IMAGE DISTRIBUTION
SERVICES, DBA FONTIS
SOLUTIONS
printing:parking cites:police
1,073.19 1,073.19
Page:4
apChkLst
11/20/2018 9:31:39AM
Final Check List
CITY OF TEMECULA
Page: 5
Bank : union UNION BANK (Continued)
Check # Date
Vendor
192529 11/20/2018 020993 KLIPPEL, SHAUNA MAUREEN
192530 11/20/2018 020340 LARUE, JESSE
192531 11/20/2018 004905 LIEBERT, CASSIDYAND
WHITMORE
192532 11/20/2018 020978 LISAABMA-KAMMERT, DBA
THE BATTER UP BAKERY
192533 11/20/2018 003782 MAIN STREET SIGNS, DBA
ATHACO INC
192534 11/20/2018 004141 MAINTEX INC
192535 11/20/2018 000217 MARGARITA OFFICIALS ASSN
192536 11/20/2018 013443 MIDWEST TAPE LLC
192537 11/20/2018 013827 MIKO MOUNTAINLION INC
192538 11/20/2018 012264 MIRANDA, JULIO C
192539 11/20/2018 019243 MONTGOMERY, EDWARD
192540 11/20/2018 018099 NATIONAL SAFETY
COMPLIANCE, INC
192541 11/20/2018 020355 OAKHILL ACADEMY
192542 11/20/2018 017148 OAKLEY SALES CORP
192543 11/20/2018 003964 OFFICE DEPOT BUSINESS SVS
DIV
192544 11/20/2018 002105 OLD TOWN TIRE AND SERVICE
Description
Amount Paid
Check Total
REFUND -LIBRARY SMARTPAY
REIMB: UNIFORM SHIRTS: BLDG &
SAFETY
REGISTR: ADAMS/OBMANN/GARIBAY
1/23-25/19
REGISTR: HENNESSY, J. 1/23-25/19
RFRSHMNTS: INTERCHANGE
DEDICATION 11/27
MISC SIGNAGE: PARK & RIDE FACILITY
CLEANING SUPPLIES: VARI FACILITIES
CREDIT: ITEMS RETURNED
OCT OFFICIATING SVCS:SPORTS
BOOKS/COLLECTIONS:LIBRARY
BOOKS/COLLECTIONS:LIBRARY
BOOKS/COLLECTIONS:LIBRARY
BOOKS/COLLECTIONS:LI BRARY
SANTIAGO LOT: SAND/DEBRIS
REMOVAL
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
REFUND- ROD RUN OVERPAYMENT
DOT TESTING: HR
CREDIT: DOT TESTING: HR
REFUND: CHRISTMAS PARADE 2018
MOTOR GEAR AND ACCESSORIES:
TEM POLICE
OFFICE SUPPLIES:HR
CITY VEHICLE MAINT SVCS:PW
TRAFFIC
9.99
127.20
1,575.00
525.00
1,050.00
118.53
1,702.31
-58.55
3,686.00
125.37
78.50
57.59
44.67
8,370.00
842.10
436.80
302.40
15.00
276.69
-10.08
25.00
74.70
36.63
9.99
127.20
2,100.00
1,050.00
118.53
1,643.76
3,686.00
306.13
8,37000
1,581.30
15.00
266.61
25.00
74.70
36.63
1,800.00 1,800.00
Page:5
apChkLst
11/20/2018 9:31:39AM
Final Check List
CITY OF TEMECULA
Page: 6
Bank : union UNION BANK (Continued)
Check # Date
Vendor
192545 11/20/2018 002105 OLD TOWN TIRE AND SERVICE
192546 11/20/2018 000249 PETTY CASH
192547 11/20/2018 014379 PROFESSIONAL IMAGE
ADVERTISING, DBA EXTREME
SIGNSGRAPHICS
192548 11/20/2018 020553 PTM GENERAL ENGINEERING
SRVCS
192549 11/20/2018 003591 RENES COMMERCIAL
MANAGEMENT
192550 11/20/2018 000353 RIVERSIDE CO AUDITOR,
CONTROLLER
192551 11/20/2018 000406 RIVERSIDE CO SHERIFFS
DEPT
192552 11/20/2018 020981 ROBYN KING, DBA KRE8TIVE
BITES
192553 11/20/2018 017549 ROSEN AND ROSEN
INDUSTRIES INC, DBA R & R
INDUSTRIES INC
192554 11/20/2018 019223 ROZENKO, PATRICIA
192555 11/20/2018 017699 SARNOWSKI SHAWNA M
PRESTON
192556 11/20/2018 020992 SCHARPEN FOUNDATION INC,
THE
192557 11/20/2018 000645 SMART AND FINAL INC
192558 11/20/2018 000519 SOUTH COUNTY PEST
CONTROL INC
Description
Amount Paid
Check Total
CITY VEHICLE MAINT SVCS:PARK
RANGER
PETTY CASH:DAISEN SISTER CITIES
VISIT
SIGN DISPAY CONVERSION TO 50 YR
ANNIV.
BANNERS FOR PECHANGA PUESKA MTP
TRAFF SGNL INSTALL:EL
CHIMISAL/TEHACHAPI
HOMELESS ENCAMPMENT CLEAN-UP
11/7-8
HOMELESS ENCAMPMENT CLEAN-UP 11
HOMELESS ENCAMPMENT CLEAN-UP 1(
OCT '18 PRKG CITATION
ASSESSMENTS
9/13/18-10/10/18 LAW ENFORCEMENT
REFRESHMENTS:SCMCLUNCHEON
11/13
SAFETY SUPPLIES:PW STREET MAINT
REFUND: SEC DEPOSIT 11/3 -TCC
PHOTOGRAPHY:VETERANS DAY 11/11
PHOTOGRAPHY:AOTW 11/2
PHOTOGRAPHY:CITY QTRLY LUNCHEOI+
PHOTOGRAPHY:PARK & RIDE RIBBON C
PHOTOGRAPHY:FALLEN HEROES 11/8
RELEASE SETTLEMENT AGRMNT
PAYMENT
SUPPLIES:HIGH HOPES, SKIP, & MPSC
PEST CONTROL SRVCS: HARV
COMMUNITY PARK
PEST CONTROL SRVCS: STA 84
PEST CONTROL SRVCS: STA 73
PEST CONTROL SRVCS: WOLF CREEK F
378.08
1,198.00
1,479.00
413.25
104,950.82
3,260.00
1,920.00
795.00
3,192.50
2,252,329.34
30.00
642.01
200.00
175.00
150.00
150.00
150.00
150.00
2,557.17
148.70
94.00
80.00
68.00
49.00
378.08
1,198.00
1,892.25
104, 950.82
5,975.00
3,192.50
2,252,329.34
30.00
642.01
200.00
775.00
2,557.17
148.70
291.00
Page6
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Page: 7
Bank : union UNION BANK (Continued)
Check # Date Vendor
192559 11/20/2018 004282 SOUTHWEST TRAFFIC
SYSTEMS
192560 11/20/2018 016262 STEVE ADAMIAK GOLF
INSTRUCTION, AKA STEVEN L
ADAMIAK
Description
Amount Paid Check Total
PW VEHICLES LIGHTBARS & SAFETY
EQUIP
PW VEHICLE LIGHTBARS & SAFETY EQL
TCSD INSTRUCTOR EARNINGS
11,164.50
2,895.18
166.60
14,059.68
166.60
192561 11/20/2018 000306 TEMECULA VALLEY PIPE & IRRIG & PLUMBING 20.76 20.76
SUPPLY SUPPLIES:VARIOUS PARKS
192562 11/20/2018 019473 TEMECULA VALLEY WOMAN'S REFUND: SEC DEPOSIT CRC 10/27/18 200.00 200.00
CLUB
192563 11/20/2018 003941 TEMECULA WINNELSON PLUMBING SUPPILES: VARIOUS 713.45 713.45
COMPANY PARKS
192564 11/20/2018 020967 TESLA ENERGY OPERATIONS REFUND: 916-551-006 40147 93.60 93.60
INC ANNAPOLIS DR
192565 11/20/2018 019100 TNT ENTERTAINMENT GROUP DJ/ANNOUNCER SRVCS:VETERANS 5,065.00 5,065.00
LLC DAY 11/11
192566 11/20/2018 010046 TV CONVENTION &VISITORS SEPT '18 BUS. IMPRV DISTRICT 133,126.84 133,126.84
BUREAU, DBA VISIT TEMECULA ASMNTS
VALLEY
192567 11/20/2018 020994 TVHS GIRLS VOLLEYBALL REFUND:SEC DEPOSIT CRC 11/5/18 150.00 150.00
BOOSTER
192568 11/20/2018 008977 VALLEY EVENTS INC RENTALS:FALLEN HEROES MEMORIAL 291.00
11/8/18
RENTALS:VETERANS DAY 11/11/18 225.00 516.00
192569 11/20/2018 014848 VALUTEC CARD SOLUTIONS OCT TICKETING SRVCS: THEATER 101.96 101.96
LLC
192570 11/20/2018 004861 VON RICHTER, POLLY REIMS: LCW WORKSHOP: 11/8/18 74.50 74.50
192571 11/20/2018 013010 WALKER, CHARLES REIMB:TEEN MUSIC FESTIVAL 72.81 72.81
SUPPLIES
192572 11/20/2018 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: VAR CITY 1,453.49 1,453.49
FACILITIES
192573 11/20/2018 015199 W1NTERADVERTISING 1-15 DEDICATION BANNER:ULT 786.19 786.19
AGENCY, AKA: MARY LARUE INTRCHG PRJT
WINTER
Page:7
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Page: 8
Bank : union UNION BANK (Continued)
Check # Date Vendor
Description
Amount Paid Check Total
192574 11/20/2018 020986 WOODSON, CHRISTOPHER REFUND: COLOR RUN 9/16/18
192575 11/20/2018 016305 YONKER, JOHN REIMB:UNIFORM SHIRTS
70.00 70.00
173.97 173.97
Grand total for UNION BANK:
2,656,812.35
Page:8
apChkLst Final Check List
11/20/2018 9:31:39AM CITY OF TEMECULA
Page: 9
100 checks in this report. Grand Total All Checks.
2,656,812.35
Page
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: December 11, 2018
SUBJECT: Approve an Agreement with Questica LTD for a New Budgeting Software
System
PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the City Council:
1. Approve the Software Subscription and Professional Services Agreement with
Questica LTD in the amount of $102,571, for a New Budgeting Software System;
2. Authorize the City Manager to approve up to $12,000 in additional system/report
customization;
3. Authorize the City Manager to approve contract change orders not to exceed
$10,257, which is equal to 10% of the total contract amount.
BACKGROUND: The City of Temecula Finance Office is responsible for the
preparation and production of the Annual Operating Budget (AOB), Capital Improvement
Program (CIP) Budget and Departmental Line Item Budget documents. Finance staff works
collaboratively with all departments and City management to develop the annual budget
recommendations presented to the City Council each year. The majority of this work is currently
completed using a variety of software packages including Microsoft Excel, Microsoft Word, Visio
and Adobe Acrobat. The assembly of the three budget documents is a very manual process
and prone to input errors, thus requiring extensive quality control and review of all data
contained within the documents.
Over the past two years, Finance staff has evaluated several alternatives to our existing budget
process and found that the most cost effective solution would be to invest in budgeting software
that is capable of handling the City's Operating, Capital and Personnel budget projections. The
use of a single database, as opposed to multiple Excel spreadsheets, ensures data integrity
throughout the budget documents, reduces the amount of staff time necessary to conduct
quality control reviews and allows Finance staff to focus more time on the analytical
responsibilities of the budget process.
The preferred software staff is recommending is Questica LTD's Budget Software Subscription.
Questica has offered their capital and operating budget software since 1998 and has over 675
clients across local governments, universities, K-12 schools, healthcare facilities and non-
profits. Questica's budget solution will assist the City in its development of the AOB, CIP
Budget, Departmental Line Item Budget and the ongoing analysis of expenditures throughout
the fiscal year. The system will be utilized by all City departments and will ultimately streamline
the budgeting process.
The attached Software Subscription and Professional Services Agreement includes the
following budgetary modules:
• Operating Module — used to develop the AOB and Departmental Line Item Budget
• Salaries Module — used to project employee salary and benefit costs incorporated into
the AOB and Line Item Budget
• Capital Module — used to project the 5 -year CIP Budget
• Open Book Module — used to provide for increased data transparency through
available reporting and analysis tools
The contract estimate of $102,571 includes the implementation of the aforementioned modules
and the standard reports available within the Questica system. It is anticipated that the City will
require some level of report customization to ensure the data is displayed consistently with
previous budget documents. Staff will assess the need for customization after the
implementation of the software is complete, and a full inventory of standard reports has been
evaluated.
The timeline for implementation of these modules is to first implement the Salaries and
Operating Modules, to be used in the development of the FY2019-20 AOB and Line Item
Budgets. This implementation would occur between December 2018 — February 2019. Due to
staffing constraints, the Capital Module would be implemented starting in June 2019, to be used
in the development of the following year's CIP. Also in the June timeframe, the integration of
the City's financial system with the Questica system will be developed, so that staff can utilize
Questica to analyze "budget versus actual" data beginning in July 2019. The Open Book Module
will be developed along with the integration with the City's financial system.
To expedite the purchase of the software in order to utilize it before the next budget cycle, the
City is "piggybacking" on the City of Escondido's contract with Questica, as Escondido recently
conducted a Request for Proposal process and found Questica to be the most qualified
responsible bidder.
FISCAL IMPACT: Adequate funds are available within the Fiscal Year 2018-19
Technology Replacement Fund.
ATTACHMENTS: Agreement
ter' Questica
QUESTICA SOFTWARE SUBSCRIPTION AND PROFESSIONAL SERVICES AGREEMENT
This SOFTWARE SUBSCRIPTION AGREEMENT AND PROFESSIONAL SERVICES (the "Agreement") is made this December 11,
2018 ( the "Effective Date") by and between QUESTICA LTD., a corporation incorporated under the laws of the State of
Delaware ("Questica") and City of Temecula, a municipal corporation including, without limitation, all its subdivisions,
departments, and constituent entities within its legal scope and jurisdiction (collectively, the "Subscriber" or "Customer").
1. DEFINITIONS
' Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with
the subject entity. "Control," for the purposes of this definition, means direct or indirect ownership or control of
more than 50% of the voting interests of the subject entity.
"Malicious Code" means viruses, worms, time bombs, Trojan horses, and other harmful or malicious code, files,
scripts, agents or programs.
' Order Form" means the documents for placing orders hereunder, including addenda thereto, that are entered
into between You and Us from time to time, including addenda and supplements thereto.
'Services" means collectively the products and services that are ordered by You or Your Affiliates under an Order
Form and made available by Us online.
"User Guide" means the on-line users guide for the Services, made available on-line.
"Users" means individuals who are authorized by You to use the Services, for whom subscriptions to a Service
have been ordered, and who have been supplied user identifications and passwords by You, (or by Us at your
request). Users may include but are not limited to Your employees, consultants, contractors and agents, and third
parties with which You transact business.
'We," "Us", "Our", "Questica Inc." or "Questica" means the company or entity providing the Services in the
Agreement
"You', 'Your, 'Subscriber, 'Customer" means the City of Temecula
"Your Data", "Customer Data" means all electronic data or information submitted by You, or made accessible to
Questica by You, in connection with Your use of the Services, including, but not limited to, any data, content
(including User content), financial or other information and/or files.
2. PROVISION OF SERVICES
2.1 Terms of Service. Neither terms, provisions, or conditions on any purchase order, acknowledgement, or other
business form or writing that Customer may use in connection with the provision of Services (or software) by
Questica, nor any click -wrap acknowledgement, approval, acceptance, or disclaimer presented to Customer in order to
access any application or function of the Services, will have any effect on the rights, duties, or obligations of the
parties hereunder, regardless of any failure of Questica or Customer to object to such terms, provisions, or
conditions.
2.2 Provision of Services. We shall make the Services available to You pursuant to this Agreement and the relevant
Order Forms during a subscription term. By entering into an Order Form hereunder, an Affiliate agrees to be
bound by the terms of this Agreement as if it were an original party hereto. Order Forms shall be deemed
incorporated herein by reference. You agree that Your purchases hereunder are neither contingent on the
delivery of any future functionality or features nor dependent on any oral or written public comments made by Us
regarding future functionality or features.
2.3 User Subscriptions. Unless otherwise specified in the applicable Order Form, (i) Services are purchased as User
subscriptions and may be accessed by no more than the specified number of Users, (ii) additional User
subscriptions may be added during the applicable subscription term at the same price as that for the pre-existing
subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional
Questica Software Subscription and Professional Services Agreement Page 1 of 37
User subscriptions are added and (iii) the added User subscriptions shall terminate on the same day as the pre-
existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more
than one user but may be reassigned to new Users replacing former Users who no longer require ongoing use of
the Services.
2.4 Hosting, Product Maintenance and Support. For the first year of this Agreement, upon paying the Subscription
Fee and for each year thereafter, provided that Subscriber continues to pay the Subscription Fees in accordance
with the fees set out in Appendix A, Questica shall provide Hosting, Maintenance and Technical Support Services
(the "Services") for the software as outlined in Appendix B, if the Subscriber is not otherwise in breach of the
provisions of this Agreement.
2.4.1 The method and means of providing the Services shall be under the exclusive control, management. and
supervision of Questica, giving due consideration to the requests of Customer. Any and all permitted cloud
storage shall be in compliance with ISO/IEC 27001 - 27017, as applicable, or successor standards thereto.
Except as otherwise expressly set forth in Appendix C, the Services (including all data storage), shall be provided
solely from within the continental United States and on computing and data storage devices residing therein, and
all such locations shall be disclosed to Customer annually and within thirty (30) days of the effective date of this
Agreement.
2.4.2 Questica understands and agrees that Customer is a public entity, subject to records retention and
disclosure requirements imposed by State law and as required when litigation is pending. At no additional cost to
Customer, Customer shall have access to any and all Customer Data "24/7/365", except when the Services are
unavailable due to scheduled maintenance or force majeure events, in order for Customer to respond to Public
Records Act requests, subpoenas, and any other discovery requests. Furthermore, Questica agrees that upon
receipt of a "notice of litigation hold" from Customer, at no additional cost to Customer, provided an active
subscription agreement is in place and all associated subscription fees have been paid, Questica shall retain
and preserve the Customer Data identified in the notice, and make the same available upon Customer's request,
regardless of the physical location of Customer's Data.
2.4.3 No more than once per year during the term of this Agreement and any Extension Term, Customer may
request Questica, at its expense, to conduct a third party SSAE SOC 2 or 3 privacy control audit, and a copy of
the third party SSAE 16 audit report or summary shall be provided to Customer. Alternatively, Customer may, in
its discretion, agree to a third -party privacy audit that is substantially similar in scope to an SSAE audit.
2.5 Implementation Services. Questica shall provide the professional service as described in the Scope of Work
("SOW"), Appendix C, in a professional manner, consistent with industry standards. Unless otherwise agreed upon
by both parties, or as the result of an unauthorized delay on the part of Questica, the obligation to provide
professional services to the Subscriber expires the earlier of:
1) completion of the services described in the SOW
2) 12 months from the effective date of the relevant Order Form.
2.6 Acceptance of Custom Work. Within fifteen (15) business days from the delivery of each individual Custom Work
identified in the Scope of Work ("SOW") or subsequently contracted via a Change Order, the Customer/Subscriber
shall, in its sole discretion, review the Product Customization and notify Questica whether it finds the
Customizations satisfactory or unsatisfactory. If its determined that the Customizations are unsatisfactory, then it
shall state in writing the reasons for its determination, including identifying any nonconformance with the
Subscriber's specifications or expectations. Questica will promptly correct the deficiencies and reinstall the
Customizations, and the approval procedure shall be reapplied until Subscriber finally declares the
Customizations satisfactory. In the absence of a written response within 15 Business Days after the delivery of
the Customizations or once the Subscriber has declared the Customizations satisfactory, the Customizations shall
be considered 'Accepted'.
3. USE OF THE SERVICES
3.1 Our Responsibilities. We shall: (i) provide Our basic support for the Services to You at no additional charge, and/or
upgraded support if purchased separately, (ii) make the Services available 24 hours a day, 7 days a week, as set forth in
Section 3.1.1, below. Authorized unavailability of SaaS services and/or Customer Data includes: (a) planned downtime
(of which We shall give at least 8 hours' notice via the Services and which We shall schedule to the extent practicable
during the weekend hours from 9:00 pm Friday to 6:00 am Monday Eastern Time), or (b) any unavailability caused by
circumstances beyond Our reasonable control and not due to our fault or failure to comply with recognized industry
standards, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of
terror, strikes or other labor problems (other than those involving Our employees), Internet services provider failure or
delays, or denial of service attacks ("force majeure" events). We further guarantee to provide the Services only in
accordance with applicable laws and government regulations.
Questica Software Subscription and Professional Services Agreement Page 2 of 37
3.1.1 Service Levels and Credits. Prior to commencing the Services, Questica shall provide Customer with, and
make as part of this Agreement, a satisfactory form of "service level agreement" guaranteeing SaaS and
Customer Data availability equal to or better than as described below in this Section. If no service level
agreement is provided and accepted by Customer, then Questica agrees as follows: (i) SaaS services and
Customer Data shall be available to Customer "24/7/365", excluding agreed upon maintenance downtime or
force majeure; and (ii) if monthly availability averages less than 99% (excluding agreed upon maintenance
downtime or force majeure), then Customer shall receive a credit towards the next years SaaS renewal fee equal
to $500/month that the average monthly availability is less than 99%; and (iii) if monthly availability averages
less than 99% (excluding agreed upon maintenance downtime or force majeure) for a total of three or more
months during any twelve month period, then Customer may terminate this Agreement for cause and receive a
refund of any prepaid subscription fees for the current term or Extended Term. No later than the end of the
current Term of Extended Term of this Agreement, Questica shall provide Customer with a detailed service level
performance report which shall clearly demonstrate that Questica met or exceed the required service levels for
the preceding twelve months. If the report indicates a failure to achieve all required service levels, then
Customer shall be entitled to the appropriate service credits for each affected month of service.
3.2 Our Protection of Your Data. As more fully set forth below, We shall maintain reasonable administrative, physical
and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a)
modify Your Data, (b) disclose Your Data except as compelled by law in accordance with Section 6.3 (Compelled
Disclosure) or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services and
prevent or address service or technical problems, or at Your request in connection with customer support
matters.
Without limiting Questica's obligation of confidentiality as further described herein, Questica shall be responsible
for establishing, maintaining, and providing a written description to Customer of, a data privacy and information
security program, including physical, technical, administrative, and organizational safeguards, that is designed
to: (a) ensure the security and confidentiality of the Customer Data; (b) protect against any anticipated threats or
hazards to the security or integrity of the Customer Data; (c) protect against unauthorized disclosure, access to,
or use of the Customer Data; (d) ensure the proper disposal of Customer Data; and, (e) ensure that all
employees, agents, and subcontractors of Questica, if any, comply with all of the foregoing. In no case shall the
safeguards of Questica's data privacy and information security program used to protect Customer Data be less
stringent than the safeguards used by Questica for its own data.
At all times herein, Questica's hosting services to Customer shall be compliant with ISO/IEC 27001- 27018, as
applicable, and shall remain compliant with any successor ISO or IEC certification standards throughout the term
of this Agreement.
At all times herein, Questica shall maintain, handle, transmit, and store Customer Data in encrypted form
meeting the requirements of Federal Information Processing Standard (FIPS) 140-2, or otherwise as required by
or agreed upon by Customer.
In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized
access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of
Customer Data or the physical, technical, administrative, or organizational safeguards put in place by Questica
that relate to the protection of the security, confidentiality, or integrity of Customer Data, Questica shall, as
applicable: (a) notify Customer as soon as practicable but no later than twenty-four (24) hours of becoming aware
of such occurrence; (b) cooperate with Customer in investigating the occurrence, including making available all
relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as
otherwise required by Customer; (c) perform or take any other actions required to comply with applicable law as a
result of the occurrence; (d) without limiting Customer's obligations of indemnification as further described in this
Agreement, indemnify, defend, and hold harmless Customer for any and all Claims (as defined herein), including
reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against,
charged to, or recoverable from Customer in connection with the occurrence; (e) be responsible for recreating lost
Customer Data in the manner and on the schedule set by Customer without charge to Customer; and, (h) provide
to Customer a detailed plan within ten (10) calendar days of the occurrence describing the measures Questica
will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall
comply with applicable law, be written in plain language, and contain, at a minimum: name and contact
information of Questica's representative; a description of the nature of the loss; a list of the types of data
involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps
Questica has taken to protect the affected individual; what steps the affected individual can take to protect
himself or herself; This Section shall survive the termination of this Agreement.
Questica Software Subscription and Professional Services Agreement Page 3 of 37
3.3 Your Responsibilities. You shall (i) be responsible for Users' compliance with this Agreement, (ii) be responsible
for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use
commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly
of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and
applicable laws and government regulations. You shall not (a) make the Services available to anyone other than
Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit material in violation of
third -party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the
integrity or performance of the Service or third -party data contained therein, or (f) attempt to gain unauthorized
access to the Services or their related systems or networks.
4. FEES AND PAYMENTS FOR SERVICES
4.1 Fees. You shall pay all fees specified in all Order Forms as set out in Appendix A. Except as otherwise specified
herein or in an Order Form, (i) fees are based on services purchased and actual usage, (ii) payment obligations
are non -cancelable and fees paid are non-refundable, except as otherwise provided herein, and (iii) the number of
User subscriptions purchased cannot be decreased during the relevant subscription term stated on the Order
Form. User subscription fees are based on monthly periods that begin on the subscription start date and each
monthly anniversary thereof; therefore, fees for User subscriptions added in the middle of a monthly period will be
charged for the full monthly period and the monthly periods remaining in the subscription term.
4.2 Invoicing and Payment. You will provide Us with valid and updated credit card information, or with a valid
purchase order or alternative document reasonably acceptable to Us. If you provide credit card information to Us,
You authorize Us to charge such credit card for all Services listed in the Order Form for the initial subscription
term and any renewal subscription term(s) as set forth in Section 10.2 (Term of Purchased User Subscriptions).
Such charges shall be made in advance, either annually or in accordance with any different billing frequency
stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a
credit card, We will invoice You in advance and otherwise in accordance with the relevant Order Form. Unless
otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. You are
responsible for providing complete and accurate billing and contact information to Us and notifying Us of any
changes to such information.
4.3 Overdue Charges. If any changes are not received from You by the due date, then at Our discretion, (a) such
charges may accrue late interest at a rate of 1.5% of the outstanding balance per month, or the maximum rate
permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may
condition future subscription renewals and Order Forms on payment terms shorter than those specified in Section
4.2 (Invoicing and Payment)
4.4 Suspension of Service and Acceleration. If any amount owing by You under this or any other agreement for Our
services is 30 or more days overdue (or 10 or more days in cases where You authorized us to charge Your credit
card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such
agreements applicable to the current Term or Extended Term, so that all such obligations become immediately
due and payable, and suspend Our services to You until such amounts are paid in full. We will give You at least 7
days prior notice that Your account is overdue, in accordance with Section 11.1 (Manner of Giving Notice), before
suspending services to You.
4.5 Payments and Disputes. We shall not exercise Our rights under Section 4.3 (Overdue Charges) or 4.4 (Suspension
of Service and Acceleration) if You are disputing the applicable charges reasonably and in good faith and are
cooperating diligently to resolve the dispute.
4.6 Taxes. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental
assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable
by any local, state, provincial, federal, or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying
all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for
which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You,
unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For
clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.
4.7 Travel Costs. Unless noted otherwise, this quotation does not include any travel, lodging, or on-site expenses. If
such travel is required and subsequently authorized, Questica's standard travel and per diem rates shall apply.
Air Travel, Rental Car (with associated fuel and parking costs), and Lodging costs shall reimbursed at cost.
Questica is not responsible for unpredictable (including Commercial Airline Travel) delays which may increase
travel cost.
5. PROPRIETARY RIGHTS
Questica Software Subscription and Professional Services Agreement Page 4 of 37
5.1 Reservation of Rights in Services. Subject to the limited rights expressly granted hereunder, We reserve all rights,
title and interest in and to the Services, including all related intellectual property rights. No rights are granted to
You hereunder other than as expressly set forth herein.
5.2 Restrictions. You shall not (i) permit any third -party to access the Services except as permitted herein or in an
Order Form (ii) create derivative works based on the Services except as contained herein, (iii) copy, frame or
mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for
Your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a)
build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
5.3 Your Applications and Code. If You, a third party acting on Your behalf, or a User creates applications or program
code using the Services, You authorize Us to host, copy, transmit, display and adapt such applications and
program code, solely as necessary for Us to provide the Services in accordance with this Agreement. Subject to
the above, We acquire no right, title or interest from You or Your licensors under this Agreement in or to such
applications or program code, including any intellectual property rights therein.
5.4 Your Data. Subject to the limited rights granted to You hereunder, We acquire no right, title or interest from You or
Your licensors under this Agreement in or to Your Data, including any intellectual property rights therein.
Customer Data, which shall also be known and treated by Questica as Confidential Information) shall include: (a)
Customer's data collected, used, processed, stored, or generated as the result of the use of the Services; and, (b)
personally identifiable information ("PII") collected, used, processed, stored, or generated as the result of the use
of the Services, including, without limitation, any information that identifies an individual, such as an individual's
social security number or other government -issued identification number, date of birth, address, telephone
number, biometric data, mother's maiden name, email address, credit card information, or an individual's name
in combination with any other of the elements listed herein. Except where subject to a third party's intellectual
property rights, all Customer Data is and shall remain the sole and exclusive property of Customer and all right,
title, and interest in the same belongs to Customer. This Section shall survive the termination of this Agreement.
5.5 Suggestions. We shall have a royalty -free, worldwide, irrevocable, perpetual license to use and incorporate into
the Services any suggestions, enhancement requests, recommendations or other feedback provided by You,
including Users, relating to the operation of the Services. We may additionally develop, modify, improve, support,
and operate Our Services based on Your use, as applicable, of any Services.
6. CONFIDENTIALITY
6.1 Definition of Confidential Information. As used herein, "Confidential Information" means all confidential
information disclosed by a party ("Disclosing Party"), whether orally or in writing, that is designated as confidential
or that reasonably should be understood to be confidential given the nature of the information and the
circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information
shall include the Services; and Confidential Information of each party shall include business and marketing plans,
technology and technical information, product plans and designs, and business processes disclosed by such
party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or
becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was
known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed
to the Disclosing Party (iii) is received from a third party without breach of any obligation owed to the Disclosing
Party, or (iv) was independently developed by the Receiving Party.
6.2 Protection of Confidential Information. The Receiving party shall use the same degree of care that it uses to
protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable
care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this
Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to
Confidential Information of the Disclosing Party to those of its and its Affiliates' employees, and authorized
contractors and agents who need such access in order to perform the Services consistent with this Agreement
and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent
than those herein. Neither party shall disclose the terms of this Agreement or any Order Form to any third party
other than its Affiliates and their legal counsel and accountants without the other party's prior written consent,
unless required to do so to comply with the California Public Records Act.
Notwithstanding the foregoing, the parties agree to hold all Confidential Information in strict confidence and not
to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third
parties other than employees, and authorized agents or subcontractors of a party, who have a need to know in
connection with this Agreement, or to use such Confidential Information for any purpose whatsoever other than
the performance of this Agreement, or as required by law. The parties agree to advise and require their
respective employees, agents, and subcontractors of their obligations to keep all Confidential Information
Questica Software Subscription and Professional Services Agreement Page 5 of 37
confidential.
Notwithstanding any other provision herein, Questica is provided a limited license to access Customer Data for
the sole and exclusive purpose of providing the Services, including a license to collect, process, store, generate,
and display Customer Data only to the extent necessary to provide the Services. Questica shall: (a) keep and
maintain Customer Data in strict confidence, using such degree of care as is appropriate and consistent with its
obligations as further described in this Agreement and applicable law to avoid unauthorized access, use,
disclosure, or loss; (b) use and disclose Customer Data solely and exclusively for the purpose of providing the
Services, such use and disclosure being in accordance with this Agreement, and applicable law; (c) allow access
to Customer Data only to those employees of Questica who are directly involved with and responsible for
providing the Services; and, (d) not use, sell, rent, transfer, distribute, or otherwise disclose or make available
Customer Data for Questica's own purposes or for the benefit of anyone other than Customer, without
Customer's prior written consent. This Section shall survive the termination of this Agreement.
6.3 Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is
compelled by law to do so, including disclosure as necessary to comply with the California Public Records Act,
subpoena, discovery request, and/or court order, provided the Receiving Party gives the Disclosing Party prior
notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing
Party's cost, if the Disclosing Party wishes to contest such disclosure. If the Receiving Party is compelled by law to
disclose the Disclosing Party's Confidential Information as part of a civil proceeding or otherwise to which the
Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will
reimburse the Receiving Party for its reasonable costs of compiling and providing secure access to such
Confidential Information.
7. REPRESENTATIONS, WARRANTIES AND DISCLAIMERS
Our Warranties. We represent and warrant that (i) We have validly entered into this Agreement and have the
legal authority to do so, (ii) the Services shall perform materially in accordance with the User Guide and
Customer's use of the Service shall not infringe any third party's intellectual property rights, (iii) the functionality
of the Services will not be materially decreased during a subscription term, and (iv) We will not transmit
Malicious Code to You, provided it is not in breach of this subsection (iv) if You or a User uploads a file containing
Malicious Code into the Services and later downloads that file containing the same Malicious Code. For any
breach of a warranty above, Your exclusive remedy shall be as provided in Section 8 (Indemnity Insurance),
Section 10.3 (Termination for Cause) and Section 10.4 (Refund or Payment upon Termination) below.
Notwithstanding the foregoing, should Questica permit, allow or otherwise cause any Malicious Code to infect Customer's
IT systems as a result of the Customer's use of the Questica solution in the hosted environment, Questica agrees to take
any and all necessary, remedial actions, at its sole expense, to remove such Malicious Code from Customer's IT systems
and restore all of the system's functionality damaged or impaired by such Malicious Code.
7.1
7.2 Your Warranties. You represent and warrant that (i) You have validly entered into this Agreement and have the
legal authority to do so; (ii) You will use the Services in accordance with applicable laws; and (ii) You have all
necessary rights to use and upload any Data for use with the Services.
7.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS,
WARRANTIES OF KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY
SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. MUTUAL INDEMNIFICATION AND INSURANCE
8.1 Indemnification by Us.
8.1.1 Infringement. We shall defend You against any claim, demand, suit, or proceeding made or brought against You
by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates any
Canadian or United States' registered patents, copyrights or trade -mark rights or any other proprietary or
intellectual property rights of a third party (a "Claim Against You"), and shall indemnify You for any damages, legal
fees and costs finally awarded against You as a result of, and for amounts paid by You under a court -approved
settlement of, a Claim Against You; or any judgement; provided that You (a) promptly give Us written notice of the
Claim Against You; (b) Give Us sole control of the defense and settlement of the Claim Against You or any
judgement (provided that We may not settle any Claim Against You unless the settlement unconditionally releases
You of all liability); and (c) provide to Us all reasonable assistance, at Our expense. In the event of a Claim against
You, or if we reasonably believe the Services may infringe or misappropriate, We may in Our discretion and at no
Questica Software Subscription and Professional Services Agreement Page 6 of 37
cost to you (1) modify the Services so that they no longer infringe or misappropriate , without breaching Our
warranties under "Our Warranties" above, (II) obtain a license for Your continued use of the Services in
accordance with this Agreement, or (iii) terminate Your User subscriptions for such services upon 30 days' written
notice and refund to You any prepaid fees covering the remainder of the term of such User subscriptions after
the effective date of termination.
8.1.2 Personal Injury and Property Damage; Data Protection. We will defend and pay reasonable attorneys'
fees and costs, indemnify and hold You, your elected officials, officers, employees, volunteers, contractors, and
agents ("Indemnitees") harmless with respect to any and all claims, liabilities, and causes of action, arising out of
the acts or omissions, or willful misconduct of Questica, or any of Questica's owners, employees, agents, or
contractors in the performance of professional services pursuant to this Agreement, and resulting in personal
injury, death, and/or property damage, except to the extent caused or contributed to by any of the Indemnitees.
Questica's indemnification obligation, above, shall also apply to any and all losses incurred by Customer as a
result of any breach by Questica of its obligations set forth in Section 3.2 or 6.2 of this Agreement.
8.1.3 Insurance. Prior to commencing, and at all times while performing professional services
pursuant to this Agreement, Questica shall procure and maintain for the mutual benefit of Questica and
Customer, commercial general and automobile (any auto) liability insurance with such limits and in such form as
set forth in Appendix "E" hereto. The foregoing policies of insurance shall name the Indemnitees as additional
insureds, shall waive the right of subrogation, and shall require not less than thirty (30) days prior, written notice
to Customer of any cancellation or reduction in coverage or limits. Questica shall also provide workers
compensation insurance as required by State law, for all of its workers performing professional services as
required herein.
Prior to commencing hosting, storage, or any other online services pursuant to this Agreement, Questica shall
procure and maintain throughout the term hereof, cyber liability insurance with such limits and in such form as
also set forth in Appendix "E" hereto. and providing protection against claims and liabilities arising out of the
unauthorized access to and/or theft of Questica and/or Customer Data, and including coverage for identity theft and
related bank charges, unauthorized use of PII, and restoration of lost or stolen Customer Data.
8.2 Indemnification by You. You shall defend Us against any claim, demand, suit or proceeding made or brought
against Us by a third party alleging that Your Data, or Your use of the Services in breach of this Agreement,
infringes or misappropriates the intellectual property rights of a third party or violates applicable law (a "Claim
Against Us"), and shall indemnify Us for any damages, legal fees and costs finally awarded against us as a result
of, or for any amounts paid by Us under a court -approved settlement of, a Claim Against Us; provided that We (a)
promptly give You written notice of the Claim Against Us; (b) give You sole control of the defense and settlement
of the Claim Against Us (provided that You not settle any Claim Against Us unless the settlement unconditionally
releases Us of all liability); and (c) provide to You all reasonable assistance, at Your expense.
8.3 Exclusive Remedy. This Section 8 (Mutual Indemnification and Insurance ) states the indemnifying party's sole
liability to, and the indemnified party's exclusive remedy against, the other party for any type of claim described in
this Section.
9. LIMITATION OF LIABILITY
9.1 Limitation of Liability. NEITHER PARTY'S CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL EXCEED
THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO
EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT
(WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT
PAID BY YOU HEREUNDER. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 4
(FEES AND PAYMENT FOR SERVICES).
9.2 Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO
THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR ANY
OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
9.3 NOTHING IN THIS SECTION 9 SHALL APPLY TO OR LIMIT LIABILITY IMPOSED BY ANY INDEMNITY OBLIGATION SET
FORTH IN SECTION 8.
Questica Software Subscription and Professional Services Agreement Page 7 of 37
10. TERM AND TERMINATION
10.1 Term of Agreement. This Agreement commences on the date You accept it and continues until terminated, or until
all User subscriptions granted in accordance with this Agreement have expired or been terminated, whichever
comes first.
10.2 Term of Purchased User Subscriptions. User subscriptions purchased by You commence an the start date
specified in the specific Order Form and continue for the subscription term specified therein. Except as otherwise
specified in the applicable Order Form, all user subscriptions shall automatically renew for up to three (3)
additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party
gives the other notice of non -renewal at least 30 days before the end of the relevant subscription term. The per-
unit pricing during any such renewal term shall be the same as that during the prior term unless We have given
You written notice of a pricing increase at least 60 days before the end of such prior term, in which case the
pricing increase shall be effective upon renewal and thereafter. Any such pricing increase shall not exceed 7% of
the pricing for the relevant Services in the immediately prior subscription term, unless the pricing in such prior
term was designated in the relevant Order Form as promotional or one-time.
10.3 Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the
other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other
party becomes the subject of a petition in bankruptcy or any other proceedings relating to insolvency,
receivership, liquidation or assignment for the benefit of creditors.
10.4 Refund or Payment upon Termination. Upon any termination for cause by You, We shall refund You any prepaid
fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any
termination for cause by Us, You shall pay any unpaid fees covering the remainder of the term of all Order Forms
after the effective date of termination. In no event shall any termination relieve You of the obligation to pay any
fees payable to Us for the period prior to the effective date of termination.
10.5 Termination for Non -Appropriation. Notwithstanding any other provision herein, Customer may terminate this
Agreement and/or any subscription, by providing not less than sixty (60) days' prior, written notice that sufficient
funds were not appropriated and budgeted by Customer's governing body or will not otherwise be available, to
continue paying recurring fees beyond Customer's current fiscal year. Questica and Customer intend that the
obligation of Customer to pay recurring fees pursuant to this Agreement constitutes a current expense of
Customer and is not to be construed to be a debt in contravention of the State of California constitutional
limitation on the creation of indebtedness.
Return of Your Data. Upon request made by You within 60 days after termination of a Services subscription, We
will make available to You, at no cost, for download a complete file of Your Data in comma separated value (.csv)
format along with attachments in their native format. After such 60 -day period, We shall have no obligation to
maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our
systems or otherwise in Our possession or under Our control. Such deletion of Customer Data shall be
accomplished by purging or physical destruction, in accordance with National Institute of Standards and
Technology Special Publication 800-88, or successor standard thereto.
10.6
10.7 Surviving Provisions. Section 4 (Fees and Payment for Services), 5 (Proprietary Rights), 6 (Confidentiality), 7.3
(Disclaimer), 8 (Mutual Indemnification and Insurance), 9 (Limitation of Liability), 10.4 (Refund or Payment upon
Termination), 10.6 (Return of Your Data), 10.7 (Surviving Provisions), 11 (Notices, Governing Law, Jurisdiction)
and 12 (General Provisions) shall survive any termination or expiration of the Agreement.
11. NOTICES, GOVERNING LAW AND JURISDICTION
11.1 Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals
hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, or (ii) the third
business day after mailing by registered or certified mail, (iii) the first business day after sending by email
(provided that email shall not be sufficient for notices of termination or an indemnifiable claim) Billing- related
notices to You shall be addressed to the relevant billing contact designated by You. All other notices to You shall
be addressed to the relevant Services system administrator designated by You.
11.2 Dispute Resolution/Arbitration. In the event of any dispute arising out of or relating to and/or in connection with
this Agreement, the parties' project managers shall use every reasonable effort to resolve such dispute in good
faith within 10 Business Days. If the project managers have failed to resolve the dispute within such time frame,
then the dispute shall be escalated to the next escalation level. At each escalation level, the designated
executives shall negotiate in good faith in an effort to resolve the dispute. For the purposes of this Agreement, a
"Business Day" means a day other than a Saturday, Sunday, or statutory holiday in Ontario.
Questica Software Subscription and Professional Services Agreement Page 8 of 37
Escalation Level
Questica
Management Level
Subscriber
Management Level
Period of
Resolution Efforts
First Level
Project Manager
Project Manager
10 Business Days
Second Level
President
Finance Department
Manager
10 Business Days
Third Level
Chairman
City Manager or Treasurer
10 Business Days
If the above escalation periods have elapsed and there continues to be a dispute as to any matter herein, the
matter in dispute may be referred to non-binding arbitration or mediation, at the written request of either party. In
the event non-binding arbitration or mediation fails to resolve the dispute within sixty (60) days, or within such
period otherwise agreed upon, or if the dispute otherwise remains unresolved after sixty (60) days following the
expiration of the third level resolution effort, then either party may initiate an action against the other in a court of
competent jurisdiction.
11.3 (a) Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Delaware
and the federal laws of the United States of America without regard to the conflict of law provisions thereof. The
United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement
Subject to Section 11.2 above, the parties attorn to the exclusive jurisdiction of the courts of Delaware in respect
of this Agreement.
12. GENERAL PROVISIONS
12.1 Anti -Corruption. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or
thing of value from any of Our employees or agents in connection with this Agreement. Reasonable gifts and
entertainment provided in the ordinary course of business do not violate the above restriction.
12.2 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a
partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
12.3 No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement.
12.4 Export Compliance. The Services, other technology We make available, and derivatives thereof may be subject to
export laws and regulations of the United States, Canada and other jurisdictions. Each party represents that it is
not named on any US or Canadian government denied -party list You shall not permit Users to access or use
Services in a US or Canada embargoed country or in violation of any US or Canadian export law or regulation.
12.5 Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of
that right.
12.6 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law,
the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the
original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall
remain in effect.
12.7 Legal Fees. The prevailing party in any legal action arising out of this Agreement shall be authorized to recover its
reasonable attorneys' fees and costs.
12.8 Assignment and Subcontracting. Neither party may assign or subcontract any of its rights or obligations
hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be
unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety
(including all Order Forms), without consent of the other party, to its Affiliate or in connection with a merger,
acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct
competitor of the other party. A party's sole remedy for any purported assignment or subcontracting by the other
party in breach of this paragraph shall be, at the non -breaching party's election, termination of this Agreement
upon written notice to the breaching party. In the event of such a termination, We shall refund to You any prepaid
fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the
foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and
permitted assigns.
12.9 Entire Agreement. This Agreement, including all Appendices, exhibits and addenda hereto and all Order Forms,
constitutes the entire agreement between the parties and supersedes all prior and contemporaneous
agreements, proposals or representations, written or oral, concerning its subject matter. No modification,
amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or
Questica Software Subscription and Professional Services Agreement Page 9 of 37
accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.
However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and
any exhibit or addendum hereto or any Order Form, the terms of this Agreement, then Appendix E, then Appendix
A,B,C and D, and such exhibit, addendum or Order Form shall prevail. Notwithstanding any language to the
contrary therein, no terms or conditions stated in Your purchase order or other order documentation (excluding
Order Forms), nor any click -wrap acknowledgement, approval, acceptance, or disclaimer presented to Customer in
order to access any application or function of the Service, shall be incorporated into or form any part of this
Agreement, and all such terms or conditions, acknowledgements, acceptances or disclaimers shall be null and
void.
12.10 COOPERATIVE STATEMENT. Other government organizations and educational or health care institutions may elect
to participate in this Agreement (piggyback) at their discretion, provided We also agrees to do so.
12.11 Media Releases. Neither party shall use the name, trademark or logo of the other party without the prior written
consent of the other party.
12.12 Authority. Each person executing this Agreement represents that he or she is fully authorized to do so and to bind
their respective Party hereto.
Questica Software Subscription and Professional Services Agreement Page 10 of 37
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
CITY OF TEMECULA QUESTICA LTD
By: By:
Matt Rahn, Mayor
ATTEST:
By:
By:
TJ Parass, President
Randi Johl, City Clerk Allan Booth, Treasurer
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney CONSULTANT
Questica LTD
Andre Aberdeen, Senior Account Executive
980 Fraser Drive, #105
Burlington, ON, Canada L7L 5P5
1-877-707-7755 x503
aaberdeen@questica.com
Questica Software Subscription and Professional Services Agreement Page 11 of 37
APPENDIX A - FEES
Software as a Service- The City would pay an annual subscription to use the software, and it would be hosted
by Questica.
Description Annual
Software as a Service
Questica Budget Software Subscription
(Questica provides server, database, operating
system, monthly management, Questica Budget,
software maintenance)
$23,596
License Count:
Questica Budget Framework- Includes 1 Seat
(Operating, Salaries, & Capital) -1
Additional Operating License Seats- 7
Additional Salaries License Seats- 2
Additional Capital License Seats- 2
Unlimited Read Only- Included
Opt. Feature: Allocations- Included
Opt. Feature: Statistical Ledger- Included
Opt. Feature: Performance- Not Included
Opt. Feature: Staff Planning- Not Included
Opt. Feature: Financial Statements- Not Included
* Read only applies to Operating, Salaries, and
Capital modules only
Total YR1 SaaS Subscription (Due Annually): $23,596
Professional Services (Per Statement of Work) One -Time
Design, Analysis & Configuration Included
Project Management Included
Training Included
Integrations Included
Customizations Not Included
Custom Reports Not Included
IT Services Included
Total Professional Services (One -Time Cost): $78,975
Travel expenses, if applicable Included - see notes
Total Travel Expenses: $
Grand Total Year 1 $102,571
Questica Software Subscription and Professional Services Agreement Page 12 of 37
Pricing Notes
Pricing valid though: December 31, 2018
• Above pricing in US dollars
• Applicable Taxes Extra
• Terms of Payment:
o Software Subscription (including annual maintenance, support, and hosting services):
§ Due 100% upon Contract Effective Date (Net 30) and annually in advance for future years
o Professional Services:
§ 25% upon Contract Effective Date
§ 25% due the earlier of historical operating data import or 90 days from Contract Effective
Date
§ 25% due the earlier of commencement of user acceptance testing or 120 days from
Contract Effective Date
§ 25% due 30 after the completion of training or 180 days from Contract Effective Date
• Travel includes up to 2 onsite visits at 3 days/visit
Questica Software Subscription and Professional Services Agreement Page 13 of 37
APPENDIX B - Hosting. Maintenance and Technical Su000rt Services
(A) Hosting Services. At Questica's sole expense, Questica shall provide technical support and the associated
hardware infrastructure to maintain the various Questica databases in a hosted environment. This includes
performance tuning. database backups. disaster recovery availability. applying software upgrades and
patches at the direction of the Subscriber, performing 24X7 server monitoring. Hosting Services do not
include:
I. Testing customizations during an upgrade
II. Restoring a database backup required because of a Subscriber error
III. Migrating data or reports among instances (example: from training or testing to production)
Questica may at its sole discretion, periodically make reasonable modifications or changes to the Hosting
Services provided.
Subscriber is responsible for ensuring that its personnel have sufficient training to attain and maintain
competence in the operation of the Software.
Technical support relating to the Hosting Services is available through Questica's normal business hours.
Monday through Friday. 8:OOam through 8:OOpm, Eastern Standard Time on Business Days. Extended
coverage is available for an additional fee. Questica will provide an initial response to all properly submitted
support requests within two (2) business hours of initial submission.
(B) Product Maintenance. On an as -available basis, and at Questica's sole expense, Questica will provide
enhancements, modifications or upgrades to the Software as Questica may from time to time make available
to its Subscribers generally ("Updates") but excluding any New Product (a "New Product" being a solution
which, in Questica's determination and subject to general industry standards, does not replace the Software
licensed hereunder.) Updates do not include:
I. Platform extensions including product extensions to (i) different hardware platforms; (ii) different
windowing system platforms: (iii) different operating system platforms
II. New applications
III. Services associated with the application or installation of Updates
If requested. Questica will provide assistance in the testing of any site specific customizations. Questica will
provide a quote for any required rework associated with customizations resulting from the upgrade.
(C) Technical Support Services. At Questica's sole expense, Questica will provide phone and e-mail based
technical support of a reasonable nature as described herein. A technical support incident or problem is a
single user defined problem seeking resolution. It must be related to the original intent and design of the
software. Technical Support Services include the support of Questica supplied integrations that have not
been modified by the Subscriber. Each Technical Support Service incident is deemed closed when a
remedy, workaround, or recommendation for the installation of a current maintenance release has been
offered, and a commercially reasonable effort has been made to restore operation to the original intent and
design of the Software. Unless made necessary due to the fault of Questica, or the failure of the Services.
Technical Support Service does not include:
I. Custom programming services:
II. On-site support;
III. Software installation or re -installation;
IV. Update Installation, or data and report updates required to support Updates:
V. Subscriber developed interfaces, API interactions, or customizations;
VI. Subscriber developed reports;
VII. End -User training or re-training;
VIII. Subscriber hardware issues;
IX. Correction of data issues derived from user error or Software misuse:
X. Changes to Questica developed custom reports or Permitted Customizations (including Questica
supplied custom business rules or customized user screens) that are outside the scope of the
accepted specification, scope of work, or authorized change requests:
Questica Software Subscription and Professional Services Agreement Page 14 of 37
XI. Corrections to Questica developed custom reports or Permitted Customizations beyond six (6)
months from the date of delivery (the upgrade protection period); and
XII. Changes to integration functionality made necessary due to Subscriber server
modifications/replacement, or changes by upgrades or changes to the integrated financial system
software or hardware.
Questica may at its sole discretion, and following not less than thirty (30) days prior written notice to Customer, periodically
make reasonable modifications or changes to the Technical Support Services and/or Product Maintenance Services
provided.
Subscriber is responsible for all hardware, operating systems, network setup, network maintenance and setup, SSRS
maintenance, SQL -Server database maintenance, IIS maintenance and setup, backup strategy, disaster recovery strategy
and the use of any file access control systems required in the support of the Software. Subscriber may be required to grant
Questica certain limited access rights to Subscriber's computer systems in order to render Technical Support Services.
Subscriber is responsible for ensuring that its personnel have sufficient training to attain and maintain competence in the
operation of the Software.
Technical Support Service is available through Questica's normal business hours, Monday through Friday, 8:OOam through
8:OOpm, Eastern Standard Time on Business Days. Extended coverage is available for an additional fee.
Questica Software Subscription and Professional Services Agreement Page 15 of 37
APPENDIX C - SCOPE OF WORK (SOWI
Scope of Work
Questica Budget Implementation for
City of Temecula
1. Revision History
Rev. Date
Authors Notes/Changes
1
2. Scope of Work
In the Scope of Work tables, entries in the column headed "Scope of Work" are defined as follows:
Entry Meaning
In scope
The task or function is within the scope of work to be undertaken by Questica
professional services.
Customer The task or function is not within the scope of work to be undertaken by Questica
task professional services, but will be undertaken by The Customer, with such help from
Questica as is detailed in the item description.
Not in scope The task or function is not within the scope of work to be undertaken by Questica
professional services, nor will it be undertaken by The Customer.
Questica and The Customer agree that the implementation of Questica Budget is a shared responsibility
and that neither party is in total command of all the resources necessary to achieve objectives within
mutually agreed timeframes. However, both Questica and The Customer agree that they will employ
their best efforts to complete their agreed tasks on a timely basis. Neither Questica nor The Customer is
expected to have resources available to mitigate timeframe slippage caused by the other party, and
neither shall have an obligation to do so. Delays on the part of The Customer, including putting the
project on temporary hold or switching out project team members, may result in a project Change Order
to cover restart, rework, rescheduling and retraining. This fixed price implementation includes project
management for the duration of the 16 week implementation contiguous from kick-off (see "Project
Management" below).
Initial Data Load
"Data import", "import workbooks", "import configuration", and "initial data load" are synonymous
terms referring to the initial migration of data from The Customer's existing systems into Questica.
Where this initial data load is to be performed by Questica, the data shall be returned to Questica in
Excel workbooks. Questica will supply The Customer with blank workbooks which must be completed
according to the defined format and structure.
Questica Software Subscription and Professional Services Agreement Page 16 of 37
For the purpose of this Scope of Work, the definition of Division, Department, Costing Centers, Project,
Fund, GL Account, and Asset Type shall be that found in the Questica Budget Operating & Capital
manuals. The mathematical relationships between these entities shall be those currently supported by
Questica Budget and described in the Questica Budget Operating & Capital manuals. The GL
Account/Account Category, Division/Department, Fund Category/Fund, and Asset Category/Asset Type
structures must be consistent across all years and across the modules (Operating, Salaries, Capital and
Performance) where each of these modules is in use. GL Accounts must be categorized as either a
revenue or expenditure account. The inclusion of chart of account segments ("chart fields"), other than
those mentioned above, will be accommodated where possible but is not guaranteed, and can extend
the import timeframe.
The Customer will resolve any inconsistencies in the structures prior to providing them to Questica for
import to Questica Budget. Where import data meets these requirements, Questica will populate the
Questica Budget database within 10 business days of receiving the import workbooks. Data returned to
Questica which violates Questica Budget's data integrity rules will extend this timeframe.
Integrations
"Integration" as used in this Scope of Work refers to the copying of data to and from systems external
to Questica Budget.
Questica shall be responsible for providing the software interface into Questica Budget (including data
transformations as described by The Customer) and the operational infrastructure required to manage
the integration.
The customer agrees to provide Questica with assistance in understanding the nature and location of
the data to be integrated and, where required, create or cause to be created all necessary sources of
data including database queries, delimited files, and/or web services.
The Customer is advised that Questica running as a SaaS/hosted system is unlikely to be granted the
local network access to The Customer's other enterprise systems for a direct database -to -database
integration. The most likely mode of data exchange will be via formatted text (.CSV) files transmitted
using FTP or secure FTP. Integration via web services may be possible where the 3rd party system
provides a web services interface supported by Questica. It will be The Customer's responsibility to
create or cause to be created the necessary file transfer mechanism on their side of the transfer; and to
ensure that the 3rd party system's integration components are available, including web services where
used.
Data elements being copied into Questica will be imported provided that the element can be
unambiguously matched to a pre-existing record (for example costing center, fund and GL account). An
exception report is provided for data elements which cannot be thus matched. Integrations will not
create accounts, or segments of the account, where no such account exists in Questica.
While it is likely that Questica can accommodate additional chart of account segments ("chart fields"),
and will try to do so, the general ledger integrations are designed to be at the division, department, cost
center/project, fund and GL object level. Unless explicitly stated in this Scope of Work, Questica is not
obligated to support the integration of additional chart of account segments. Questica shall
accommodate reasonable requests for mapping chart fields, to accommodate situations such as legacy
account structures, however such mappings are not guaranteed, and complex and arbitrary mappings
are not in -scope.
Unless specifically listed as a customization, Questica integrations do not include the synchronization of
chart of account strings, segments, or combinations; which is to say that the list of funds, GL accounts,
costing centers, and projects, etc. is not automatically updated from the general ledger or other
external system.
Customizations
Customizations include custom business rules, modifiers, user interface (grids, forms, etc.), non-
standard integrations, hand-crafted reports, and ad hoc entities. They are all detailed in section "2.9.
Customizations" of this Scope of Work document. Sections prior to "2.9. Customizations" detail the
Questica Software Subscription and Professional Services Agreement Page 17 of 37
delivery of standard product functionality and services.
2.1. Questica Budget Configuration & Shared Components
Functional Area Description Scope of
Work
Implementation
Hosting
Production Hosting
Questica Access To
Production Server
Questica will configure production and test versions of Questica
Budget during the implementation period. These will be hosted by
Questica for a period not to exceed 4 months from the signing
hereof.
Questica will provide the hosted operating server environment, as
per the signed hosting agreement.The server will be configured
with a single production instance of the Questica Budget system
and a single 'sandbox' available for The Customer's
development/test/QA/training needs. Questica will refresh the
sandbox system by making a copy of the production database
upon request and with reasonable notice given.The Customer will
provide user workstation environments as follows: • A web
browser: supported browsers - Internet Explorer 10 or newer,
Microsoft Edge, Safari latest release (on Mac only), Firefox latest
release, Chrome latest release; • Microsoft .NET Framework 4.6
installed; • Microsoft Excel® 2007 or newer (if spreadsheet
export/import feature is required; and/or saving reports as Excel
is required); • A ClickOnce browser extension (if self -serve report
authoring is required from browsers other than Internet Explorer
or Edge).
Questica implementation & technical staff have full access to the
production system for the purpose of system implementation.
(Note: if not then Questica staff will play an advisory role in
implementation).
Project Questica will assign a project manager to lead this
Management implementation on Questica's behalf. The role and responsibility
of the project manager is to ensure that the product is
implemented according to this Scope of Work and to carry out the
tasks detailed in sub -section "2.10.1. Questica Project
Management Responsibilities" of this Scope of Work.
The project manager will hold no more than 1 standing weekly
status meeting, but is available via email and telephone for ad-
hoc contact as needed.
In scope
In scope
Not in scope
In scope
Questica Software Subscription and Professional Services Agreement Page 18 of 37
On -Site PM Visits
Application Level
Security
Single Sign -On
Import
Configuration ...
Import Master
Configuration Data
Analytics ...
Standard Reports
Administrator
Authored Reporting
Provision is made for up to 2 on-site visits by the Questica project
lead(s). Meeting premises, facilities (including external Internet
access) and equipment are to be provided by The Customer. The
on-site visits will be spread over no more than 2 visits, each of
which shall be a minimum of one day and no more than five
consecutive business days within the same working week. All
other work by the Questica lead(s) will be carried out off-site and
contact will be via normal telecommunication channels.
In scope
Determine how and when to use the various security levels Customer
available within Questica Budget, enter users and assign them to task
groups and roles. Questica will assist with this task until such
time as administrators have received training in the security
component of Questica Budget.
Configure Questica Budget to use The Customer's existing
Windows, Google, SAML or CAS Authentication, for user logon.
Configuration and data import of the following Questica standard
data structures, using data supplied by The Customer in Excel®
workbooks provided by Questica: • Division/Department
hierarchy; • Fund Categories and Funds; • Account Categories
and Expense and Revenue GL Accounts; • Statistical Account
Categories and Statistical Accounts; • Measure Units.
Not in scope
In scope
Provision of Questica Budgets standard reports. These reports In scope
are provided as -is and may not fully address The Customer's
specific reporting requirements.
Questica's reporting infrastructure allows users to create ad hoc In scope
views which can be used as datasets when using Report Builder
3.0 for administrator authored reporting; as the data source for
dashboard widgets; and as part of the ad-hoc analytics interface.
Each ad hoc view requires a base "entity" (database table), which
can be one of Questica's native data entities; a user configured
entity; or a custom built "report entity" which consolidates the
data from multiple entities and presents it to the ad hoc view as a
single entity ready to report on. Questica will be provisioned with
a set of useful report entities and sample ad hoc views.
2.2. Operating Module
The Questica Budget Operating module is included in this installation.
Functional Area
Description
Scope of
Work
Questica Software Subscription and Professional Services Agreement
Page 19 of 37
Optional Features ... The following optional add -ins offer functionality necessary for very specific
budgeting activities, as described. An additional license cost is associated with
each add-in.
Allocations Add-in
Statistical Ledger
Add-in
Staff Planning Add-
in
Configuration ...
The Questica Budget Allocations add-in, to allocate specific In scope
budget lines to multiple costing centers. If the Capital module is
active then budget lines can also be allocated to projects.
The Questica Budget Statistical Leger add-in, to budget for non- In scope
general ledger and non -monetary values, rates and quantities
within costing centers.
The Questica Budget Staff Planning add-in, to create a staffing
budget which accounts for non-productive time and full shift
coverage, within costing Centers. This add-in requires the Salaries
module as well as the Operating module.
Import Costing Configuration and data import of standard Questica Operating
Centers data structures, using data supplied by The Customer in Excel®
workbooks provided by Questica. At a minimum, the files will
contain the data necessary to:
• Create Costing Centers (for each historical and current/future
budget year to be loaded);
• Add Costing Centers to Departments consistent with, and
shared by, the Capital budget module;
• Associate Costing Centers with Funds;
• Define Budget Promotion Stages.
Initial Data Load ...
Import Initial Import the current/future budget, with 1 years of future forecast
Budget data from data import workbooks:
• Create dollar budget line items with GL Accounts
... at the Costing Center level.
Questica will carry out a second import of the current/future
budget if required. This accommodates an initial data load at the
start of the implementation and a refresh prior to going live.
Import Historic Import 2 prior years' Operating budgets from data import
Budgets workbooks. All prior years must have a chart of account structure
that is the same, or a subset of, the initial budget. Only the
amended OR the approved budget will be imported in each of
these prior years, but not both.
Not in scope
In scope
In scope
In scope
Import Actuals Import Operating actuals transactions from data import Customer
Transactions workbooks. If not in scope then The Customer can add their task
historical data manually, or using Questica Budgets spreadsheet
import feature, or use the automated integration once that has
been configured.
Import Initial Import the current/future Operating budget from data import Customer
Statistical Budget workbooks: task
• Create statistical budget lines items with Statistical Accounts
... at the Costing Center level. If not in scope then The Customer
will add their budget data manually or using Questica Budgets
spreadsheet import feature.
Questica Software Subscription and Professional Services Agreement Page 20 of 37
Import Historic
Statistical Budgets
Import Statistical
Actuals
Transactions
Import Initial Staff
Plan
Integration ...
Budget Export
Amended Budget
Export
Import prior years' statistical budgets from data import
workbooks. If not in scope then The Customer can add their
historical data manually or using Questica Budget's spreadsheet
import feature.
Import statistical actuals translations from data import
workbooks. If not in scope then The Customer can add their
historical data manually, or using Questica Budget's spreadsheet
import feature.
Import current staff plan as start point for next budget year from
data import workbooks. If not in scope then The Customer can
add their staff plans manually.
Note that staff plans are not simple 2 dimensional data that can
be represented in a spreadsheet. It is not possible to load staff
plans in bulk from Excel® workbooks.
Automated facility to transfer the Operating module budget data
from Questica Budget to The Customer's Tyler Eden general
ledger at the approved budget object/costing center level on an
annual or other basis when invoked by a user.
Note that this scope item is in addition to the built-in budget
export, which will create a CSV file using the configured account
structure suitable for import into most general ledger systems.
In addition to the limitations noted in the general Integrations
section of this Scope of Work; and notwithstanding items
expressly referenced in the "Customizations" section of this
Scope of Work; and/or other communications between Questica
and The Customer to the contrary, standard limitations of this
integration include, but are not limited to, the following points:
• Questica will create no more than 1 custom export
configuration of the approved budget;
• No custom user interface will be created for the selective
export of sections of the budget;
• Exports the entire budget (does not support the export of
changes since the last export, such as amendments, which is a
separate integration, see "Amended Budget Export" below).
Customer
task
Customer
task
Not in scope
In scope
Automated facility to transfer individual approved amendments to In scope
the Operating module budget data, from Questica Budget to The
Customer's Tyler Eden general ledger, or the other direction as
required. This interface is required only in the case where The
Customer requires the amended budget to be synchronized
between the two systems and where the Other general ledger
cannot be updated by re -running the full export provided in the
item in the "Budget Export" item above.
Notwithstanding items expressly referenced in the
"Customizations" section of this Scope of Work; and/or other
communications between Questica and The Customer to the
contrary, standard limitations of this integration include, but are
not limited to, the following points:
• Questica will create no more than 1 custom export
configuration of the budget amendments;
• No custom user interface will be created for the selective
export amendments;
• Will be written to export either individual amendments as
Questica Software Subscription and Professional Services Agreement Page 21 of 37
Actuals Import
created or all amendments since the last export, as determined
to be the best use -case, but not both options.
Automated facility to transfer actual data from The Customer's
Other general ledger to the Questica Budget Operating module at
a transaction level on a daily basis when automatically
scheduled; and/or on demand.
Note that this scope item is in addition to the built-in actuals
import which is able to read a CSV file, provided it conforms to
some simple formatting requirements and the configured account
structure.
Notwithstanding items expressly referenced in the
"Customizations" section of this Scope of Work; and/or other
communications between Questica and The Customer to the
contrary, standard limitations of this integration include, but are
not limited to, the following points:
• Questica will create no more than 1 import configuration of the
actual costs transactions;
• A user interface will be created for the selective import of
sections of the budget within two date ranges, no other criteria
will be available;
• Imports only actuals transactions, which is to say that it cannot
be used to amend the budget.
In scope
Questica Software Subscription and Professional Services Agreement Page 22 of 37
2.3. Salaries Module
The Questica Budget Salaries module is included in this installation.
Functional Area
Description
Scope of
Work
Initial Data Load ...
Import Positions &
Employees
Import Grades &
Scales
Create Benefits
(Modifiers)
Import
Position/Costing
Center Allocations
Integration ...
Payroll Actuals
Import
Configuration and data import of standard Questica Salaries data structures,
using data supplied by The Customer in Excel® workbooks provided by Questica.
At a minimum, the files will contain the data necessary to:
• Create positions;
• Create salary grades;
• Create salary grade steps;
• Create modifiers (benefits);
• Create employees;
• Allocate employees to positions;
• Allocate positions to costing centers.
For the purpose of the above, the definitions of positions, Salary grades, Salary
grade steps, employees and modifiers shall be those found in the Questica
Budget Salaries manual. The relationships between them shall be those
currently supported by Questica Budget and described in the Questica Budget
Operating Manual.
Questica will carry out a second import of the Salaries module data if required.
This accommodates an initial data load at the start of the implementation and a
refresh prior to going live with the Salaries module.
Import from data import workbooks.
Import from data import workbooks.
Create "modifiers" to generate supplementary personnel costs
such as benefits, allowances, and insurance. If not in scope then
The Customer can enter modifiers manually.Note that modifiers
are not simple 2 dimensional data that can be represented in a
spreadsheet. It is not possible to load modifiers in bulk from
Excel® workbooks.
Import from data import workbooks.
Automated facility to transfer actual payroll transactions at the
employee/position detail level from The Customer's payroll
system to the Questica Budget Operating module; automatically
scheduled, and/or on demand.
In scope
In scope
Customer
task
In scope
Not in scope
Questica Software Subscription and Professional Services Agreement Page 23 of 37
HR Data Sync.
Automated facility to synchronize Salaries data between Questica
Budget and The Customer's Tyler Eden HR system. Questica shall
be responsible for providing the software interface into Questica
Budget and the operational infrastructure required to manage the
integration. The Customer shall be responsible for making
available the data to be exported from the Tyler Eden system,
either in CSV formatted files or by ensuring that the standard
Tyler Eden to Questica Budget integration component is available
for extracting data from and updating data within that system.
This will be through the export and import of structured files or by
providing database interfaces (stored procedures and queries).
This integration synchronizes:
• New, deleted and updated employees;
• New, deleted and updated positions;
• Changes in employee -position relationships;
• Changes in position -costing center relationships.
The integration of profiles (bargaining units), grades, steps, pay
scales and benefits shall not be included unless expressly
referred to in the "Customizations" section of this Scope of Work.
Notwithstanding responses to Requests for Proposals or other
communications between Questica and The Customer, the
integration of custom chart field items is not included unless
expressly set out in the "Customizations" section of this Scope of
Work.
2.4. Capital Module
The Questica Budget Capital module is included in this installation.
Not in scope
Functional Area Description Scope of
Work
Configuration ...
Import Projects
Configuration and data import of standard Questica Capital data
structures, using data supplied by The Customer in Excel®
workbooks provided by Questica. At a minimum, the files will
contain the data necessary to: • Create Projects (including closed
projects where historical budget is to be loaded); • Add Projects
to Departments consistent with, and shared by, the Operating
budget module; • Define Project Promotion Stages. The
configuration data may optionally contain data necessary to: •
Define Asset Categories & Asset Types; • Define Project
Regions; • Define a Single Set of Project Ranking Metrics.
In scope
Questica Software Subscription and Professional Services Agreement Page 24 of 37
Initial Data Load ... 0
Import Initial Import the current/future Capital budget, with 5 years of future
Budget forecast data from data import workbooks:
• Create dollar budget line items with GL Accounts and Funds
... at the Project level.
Questica will carry out a second import of the current/future
budget if required. This accommodates an initial data load at the
start of the implementation and a refresh prior to going live.
In scope
Import Historic Import 2 prior years' Capital budgets from data import workbooks. In scope
Budgets All prior years must have a chart of account structure that is the
same, or a subset of, the initial budget. Only the amended OR the
approved budget will be imported in each of these prior years, but
not both.
Import Actuals Import Capital actuals transactions from data import workbooks. Customer
Transactions If not in scope then The Customer can add their historical data task
manually, or using Questica Budgets spreadsheet import feature,
or use the automated integration once that has been configured.
Integration ...
Budget Export Automated facility to transfer the Capital module budget data In scope
from Questica Budget to The Customer's Tyler Eden general
ledger or project ledger the approved budget object/costing
Summarized level on an annual or other basis when invoked by a
user.
Amended Budget
Export
Note that this scope item is in addition to the built-in budget
export, which will create a CSV file using the configured account
structure suitable for import into most general ledger systems.
In addition to the limitations noted in the general Integrations
section of this Scope of Work; and notwithstanding items
expressly referenced in the "Customizations" section of this
Scope of Work; and/or other communications between Questica
and The Customer to the contrary, standard limitations of this
integration include, but are not limited to, the following points:
• Questica will create no more than 1 custom export
configuration of the approved budget;
• No custom user interface will be created for the selective
export of sections of the budget;
• Exports the entire budget (does not support the export of
changes since the last export, such as amendments, which is a
separate integration, see "Amended Budget Export" below).
Automated facility to transfer individual approved amendments to
the Capital module budget data, from Questica Budget to The
Customer's Tyler Eden general ledger (or project ledger), or the
other direction as required. This interface is required only in the
case where The Customer requires the amended budget to be
synchronized between the two systems and where the Other
target system cannot be updated by re -running the full export
provided in the item in the "Budget Export" item above.
Notwithstanding items expressly referenced in the
"Customizations" section of this Scope of Work; and/or other
In scope
Questica Software Subscription and Professional Services Agreement Page 25 of 37
Actuals Import
communications between Questica and The Customer to the
contrary, standard limitations of this integration include, but are
not limited to, the following points:
• Questica will create no more than 1 custom export
configuration of the budget amendments;
• No custom user interface will be created for the selective
export amendments;
• Will be written to export either individual amendments as
created or all amendments since the last export, as determined
to be the best use -case, but not both options.
Automated facility to transfer actual data from The Customer's
Tyler Eden general ledger or project ledger to the Questica Budget
Capital module at a transaction level on a daily basis when
automatically scheduled; and/or on demand.
Note that this scope item is in addition to the built-in actuals
import which is able to read a CSV file, provided it conforms to
some simple formatting requirements and the configured account
structure.
Notwithstanding items expressly referenced in the
"Customizations" section of this Scope of Work; and/or other
communications between Questica and The Customer to the
contrary, standard limitations of this integration include, but are
not limited to, the following points:
• Questica will create no more than 1 import configuration of the
actual costs transactions;
• A user interface will be created for the selective import of
sections of the budget within two date ranges, no other criteria
will be available;
• Imports only actuals transactions, which is to say that it cannot
be used to amend the budget.
2.5. Financial Statements
In scope
The Questica Budget Financial Statements optional feature is not included in this implementation.
Functional Area
Description
Scope of
Work
Configuration ...
Balance Accounts &
Cash Flow Lines
Import Data ...
Configuration and data import of standard Questica financial
statement data structures, using data supplied by The Customer
in Excel® workbooks provided by Questica:
• Balance Sheet Categories and Accounts;
• Balance Sheet Actual Costs Types;
• Cash Flow Categories;
• Lines of Cash Flow Reporting.
If not in scope then The Customer can add their budget data
manually or using Questica Budget's spreadsheet import feature.
Not in scope
Initial Financial Statements data imported into Questica Budget from Excel®
Questica Software Subscription and Professional Services Agreement Page 26 of 37
Import Balance
Forecasts
Import Balance
Actuals
Integration ...
Balance Actuals
Import
files ("workbooks")
Import 2 prior years' balance sheet forecasts from data import
workbooks. All prior years must have a chart of account structure
that is the same, or a subset of, the initial budget. If not in scope
then The Customer can add their balance sheet forecasts data
manually or using Questica Budgets spreadsheet import feature.
Import balance sheet actuals transactions from data import
workbooks. If not in scope then The Customer can add their data
manually, or using Questica Budgets spreadsheet import feature.
Automated facility to transfer actual data from The Customer's
general ledger to the Questica Budget financial statements at a
transaction level on a daily basis when automatically scheduled;
and/or on demand.
2.6. Performance Measures
Not in scope
Not in scope
Not in scope
The Questica Budget Performance Measures module is not included in this implementation.
Functional Area
Description
Scope of
Work
Configuration ...
Measure Categories
and Units
Import Data ...
Measures
Scorecards
Integration ...
Configuration of Performance Measures Categories and Units,
establishing those lookup values within the system. If not in
scope then The Customer will leverage Questica provided training
to determine how to configure these.
Not in scope
Initial Performance Measures imported into Questica Budget from Excel® files
("workbooks")
If not in scope then The Customer will leverage Questica provided
training to determine how to enter Performance Measures into
the system. Note that Measures are not simple 2 dimensional
data that can be represented in a spreadsheet. It is not possible
to create Measures in bulk from Excel® workbooks."
If not in scope then The Customer will leverage Questica provided
training to determine how to configure Performance Measure
Scorecards within the system.
Not in scope
Not in scope
If automated import of Measure Actuals is required then a custom interface can
be specified in the "Customizations" section of this Scope of Work.
Questica Software Subscription and Professional Services Agreement Page 27 of 37
2.7. OpenBook
Questica's "OpenBook" cloud service for data transparency.
Functional Area Description Scope of
Work
Configuration ...
System
Administration
General configuration of OpenBook to set the look -and -feel, Customer
captions, and add users. As a customer task, The Customer will task
leverage Questica's training material to understand the
administration options.
Configuration of The Customer is able to add multiple "visualizations" of their data Customer
Visualizations to their OpenBook site. Each dataset is displayed according to a task
template selected from a library of visualization styles. As a
customer task, The Customer will leverage Questica's training
material to understand the administration options.
Configuration of
Questica Budget
Integration ...
Import from
Questica Budget
Questica will, with the help of The Customer, configure up to 3 ad
hoc views as a convenient source of source of OpenBook data.
The Customer is able to configure as many additional ad hoc
views as required.
In scope
Connection of OpenBook to Questica Budget, through a shared Customer
API key, and the publication of ad hoc views for seamless import task
of data into OpenBook from Questica Budget. The Customer can
leverage Questica's training material to learn how to connect
Questica Budget to OpenBook.
Import from CSV Population of datasets through the import of .CSV files. The Customer
Files Customer can leverage Questica's training material to learn how task
load and configure datasets from CSV files.
Questica Software Subscription and Professional Services Agreement Page 28 of 37
2.8. Training
Functional Area Description Scope of
Work
Questica maintains a substantial set of training courseware online in the Questica Academy. All
relevant material on the Academy is available to all users during and after the implementation.
Questica's standard training model is to train the trainers and/or advanced users within the Customer's
organization in all aspects of the application related to the system delivered. Training is a blend of
online courseware and "live" training, either in a classroom or via a web conference. In the case of
video training the project manager will field any outstanding questions. Where a specialist trainer is "In
Scope" below this might be as a follow-up to a video or presentation of the entire course. Questica's
project manager will help determine at which point in the implementation the delivery of training is
most appropriate. The Customer may prefer to receive some or all of their training in the early stages of
the implementation, in the knowledge that such training will need to be carried out using a generic
training database. Alternatively the Customer may choose to wait until the implementation is
substantially complete in order to be trained on their own instance of Questica. Having received train -
the -trainer training, the Customer is responsible for training the "end users", except where explicitly
included in scope (below).Note that Questica offers, as a service, the creation of online courseware for
end users that is tailored to the Customer's system and processes. The following sections detail the
proposed training. The project manager and the Customer will determine the final training plan and
topics may be swapped to receive more of one and less of another, provided that the total amount of
training does not exceed the proposed plan.
Training:
Administration
Training:
Administrator
Authored Reporting
Train -the -Trainer:
Allocations
Train -the -Trainer:
Change Requests
Train -the -Trainer:
Statistical Ledger
Train -the -Trainer:
Operating
Training in Questica Budget administration is delivered via a
series of training courseware, such as pre-recorded videos. This
will be delivered in one training session.
Training in the use of ad hoc views and dashboards is delivered
via pre-recorded training videos. Questica also provides
instructional videos on the use of the Report Builder 3.0 report
authoring tool but recommend that users make use of the many
online resources to gain expertise in this tool. This will be
delivered in one training session.
In scope
In scope
"Train the trainer" training in Questica Budgets Allocations Customer
feature is delivered via a pre-recorded training video. task
"Train the trainer" training in Questica Budgets Change Requests Customer
feature is delivered via a pre-recorded training video. task
Not in scope
"Train the trainer" training in Questica Budgets Statistical Ledger
budgeting feature is part of the Operating training where this
optional feature is in scope.
"Train the trainer" training in the use of Questica Budget's In scope
Operating module. This will be delivered in one training session.
Questica Software Subscription and Professional Services Agreement Page 29 of 37
Train -the -User:
Operating
Train -the -Trainer:
Staff Planning
Train -the -User: Staff
Planning
Train -the -Trainer:
Salaries
Train -the -User:
Salaries
Train -the -Trainer:
Capital
Train -the -User:
Capital
Train -the -Trainer:
Financial
Statements
Train -the -Trainer:
Performance
Measures
Train -the -User:
Performance
Measures
On Site ...
On -Site Training
Visits
"Train the user" training in the use of Questica Budget's
Operating module.
Customer
task
"Train the trainer" training in the use of Questica Budget's Staff Not in scope
Planning feature.
"Train the user" training in the use of Questica Budgets Staff Not in scope
Planning feature.
"Train the trainer" training in the use of Questica Budget's In scope
Salaries module. This will be delivered in one training session.
"Train the user" training in the use of Questica Budgets Salaries Customer
module. task
"Train the trainer" training in the use of Questica Budgets Capital In scope
module. This will be delivered in one training session.
"Train the user" training in the use of Questica Budgets Capital Customer
module. task
"Train the trainer" training in Questica Budget's Financial
Statements feature is delivered via a pre-recorded training video.
"Train the trainer" training in the use of Questica Budgets
Performance module is via pre-recorded training video.
"Train the user" training in the use of Questica Budgets
Performance module.
All in -scope training provided by Questica will be delivered using
web conferencing tools. Attendees are able to participate in the
training from multiple locations, using their own computer or a
shared system (their own computer is recommended). Audio is
provided by telephone or the computer's own audio facilities.
Not in scope
Not in scope
Not in scope
Not in scope
Questica Software Subscription and Professional Services Agreement Page 30 of 37
2.9. Customizations
2.9.1. Custom Business Rules (CBRs), Modifiers, User Interface
This Scope of Work does not include the development of customizations.
Customizations not listed here can be accommodated upon receipt and acceptance of a change order,
which will include a specification and may include an estimate for the work to be charged on a time &
materials basis at the applicable rate.
2.9.2. Custom Reports, Custom Ad Hoc Entities and Custom Dashboards
This Scope of Work does not include the development of custom reports or ad hoc entities.
Custom reporting and dashboard requirements not listed here can be accommodated upon receipt and
acceptance of a change order, which will include a specification and may include an estimate for the
work to be charged on a time & materials basis at the applicable rate.
2.9.3. Specifications
Before Questica undertakes any customizations described herein, as well as integrations with other
systems, and data imports, The Customer and Questica shall prepare and sign -off on the detailed
specifications ("Specifications") for the work to be performed.
1.9.4. Change Orders
Any changes to the agreed specifications, including changes requested by The Customer within the
warranty period, shall be the subject of a new change order and the work to be carried out thereunder
shall be separately quoted, agreed, and billed and shall not be included as part of this Scope of Work.
2.9.5. Warranty
Once completed the custom work shall be warranted by Questica in accordance with the "Technical
Support Services" section of the Questica Software License Agreement.
2.10. Project Management
2.10.1. Questica Project Management Responsibilities
1. Coordinating the development of the project plan in consultation with The Customer project
manager and team members.
2. The timely delivery of items identified as "In scope" within this SoW.
3. Ensuring that members of The Customer staff are sufficiently educated in the Questica Budget
application to understand the implications of initial design decisions.
4. Providing The Customer with timely and detailed descriptions of the items identified as
"Customer task" within this SoW.
5. Advising The Customer of expected completion dates for items identified as "Customer task"
within this SoW.
Questica Software Subscription and Professional Services Agreement Page 31 of 37
6. Advising The Customer of the impact on the expected delivery dates of "Customer task" items
when prerequisite customer tasks, such as the completion of data import templates or approval
of report specifications, are advanced or delayed.
7. Monitoring the progress of the project and advising The Customer of risks to its on-time
completion.
8. Coordinating the completion and approval of change orders.
2.10.2. The Customer Project Management Responsibilities
1. The timely delivery of items identified as "Customer task" within this SoW.
2. Advising The Customer of expected delivery dates for items identified as "Customer task" within
this SoW.
3. Ensuring that change orders contain a full specification of the changes required.
4. Ensuring that customizations are fully specified and documented.
5. Ensuring that all Customer team members have a clear understanding of their responsibilities
to the project.
2.10.3. Project Planning
1. The project plan will be prepared by the Questica project manager in consultation with The
Customer's project manager and team members.
2. The project planning phase will determine whether Questica Budget modules are to be
implemented serially or in parallel and, if serially, the order of module implementation.
3. The implementation of each Questica Budget module will involve the following stages:
a. An overview of, and training in, the module and the ways in which the module can be
extended by configuration and customizations.
b. A determination of how best to configure and, if necessary, customize the module to
meet the objectives of The Customer.
c. An overview of the advantages and, if present, disadvantages of the proposed
configuration and customizations.
d. Documentation of the agreed configuration and customizations.
e. The preparation of data import templates consistent with the agreed configuration and
customizations.
f. The completion by The Customer of the data import templates.
g. The import by Questica of the data import templates.
h. Customer approval of the imported Questica Budget structures and data.
i. The creation by The Customer of a technical environment in which Questica Budget can
operate.
j•
The deployment of the Questica Budget application and database on The Customer
servers.
k. The creation of custom ad hoc models to support the reporting of custom fields.
Questica Software Subscription and Professional Services Agreement Page 32 of 37
I. Training in the use of ad hoc modeling for 1
m. Determination of custom reporting requirements that cannot be met by the standard
reports and the use of Report Builder 3.0.
n. The preparation of change orders and specification for any custom reports not detailed
in this Scope of Work.
o. The development by Questica of any required custom reports detailed in this Scope of
Work.
p. The testing and acceptances of custom reports and report views.
q. The deployment of custom reports and report views.
r. The development of an integration strategy for updating the Questica Budget database
with actual result data from the financial system and the passing of budget data into the
financial system.
s. The development by The Customer of the integration components (queries, intermediate
tables, file output/input etc.) which are required to access actual data from the financial
system/HR System and update the financial system with budget data.
t. The development by Questica of:
integration components which transform budget data prior to updating the
financial system;
ii. integration components which transform actual result data prior to updating the
Questica Budget database;
integration components required to initiate the execution of integrations.
u. The deployment of all integration components.
v. The testing and acceptance by The Customer of the integration components.
2.11. Customer Resources
1. The requirement for Customer resources is variable with:
a. The duration of the project.
b. The degree of internal Customer consultation.
c. The level of internal Customer agreement.
d. The number of customizations.
e. The familiarity of Customer staff with the SQL Server environment.
Questica Software Subscription and Professional Services Agreement Page 33 of 37
APPENDIX D - Contract Exceptions
This Appendix D is reserved for agreed upon changes or exceptions to the Software Subscription Agreement. Changes in
this Appendix D supersede and replace the identified language or section from the Software Subscription Agreement.
Questica Software Subscription and Professional Services Agreement Page 34 of 37
APPENDIX E - INSURANCE
1. INSURANCE REOUIREMENTS
Questica shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property, which may arise from or in connection with the performance of the work hereunder by
Questica, its agents, representatives, or employees. Questica shall procure and maintain for the duration of the contract
insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data,
infringement of intellectual property, invasion of privacy and breach of data.
1) Minimum Scooe of Insurance. Coverage shall be at least as broad as: Insurance Services
Office Commercial General Liability form No. CG 00 01 1185 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering
Automobile Liability, code 1 (any auto). If Questica owns no automobiles, a non -owned auto endorsement to the General
Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's
Liability Insurance. If Questica has no employees while performing under this Agreement, worker's compensation
insurance is not required, but Questica shall execute a declaration that it has no employees.
4) Cyber Liability coverage shall be sufficiently broad to respond to the duties and obligations
as is undertaken by Questica in this agreement and shall include, but not limited to, claims involving infringement of
intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy
violations, information theft, damage to or destruction of electronic information, release of private information, alteration of
electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well
as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations.
a. Minimum Limits of Insurance. Questica shall maintain limits no less than:
1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property
damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One
Million Dollars ($1,000,000) per accident for bodily injury or disease.
4) Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
b. Deductibles and Self -Insured Retentions. Any deductibles or self-insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
c. 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 Questica; products and completed
operations of Questica; premises owned, occupied or used by Questica; or automobiles owned, leased, hired or borrowed
by Questica. 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, Questica'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 Questica's insurance and shall not
contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services
Questica Software Subscription and Professional Services Agreement Page 35 of 37
District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees or volunteers.
4) Questica's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state in
substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in
writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date.
6) If insurance coverage is canceled or, reduced in coverage or in limits Questica 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.
d. 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.
e. Verification of Coverage. Questica 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, Questica's
insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
Questica Software Subscription and Professional Services Agreement Page 36 of 37
END OF SOFTWARE SUBSCRIPTION AND PROFESSIONAL SERVICES AGREEMENT DOCUMENT
Questica Software Subscription and Professional Services Agreement Page 37 of 37
Item No. 5
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Greg Butler, Assistant City Manager
DATE: December 11, 2018
SUBJECT: Adopt the 2019 City of Temecula Emergency Operations Plan
PREPARED BY: Robert Cardenas. Risk Manager
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE 2019 CITY OF TEMECULA
EMERGENCY OPERATIONS PLAN
BACKGROUND: The preservation of life, property and the environment is an
inherent function of local, state, and federal government. The City of Temecula has prepared
the 2019 Emergency Operations Plan (EOP) to ensure the most effective allocation of
resources for protection of people and property in time of an emergency.
While no plan can completely prevent death and destruction, good plans carried out by
knowledgeable and well-trained personnel can and will minimize losses. This plan establishes
the emergency organization, assigns tasks, specifies policies and general procedures, and
provides for coordination of planning efforts of the various emergency staff and service
elements utilizing Standardized Emergency Management System (SEMS) and, by extension,
National Incident Management System (NIMS), which is currently being integrated into SEMS in
California by the Governor's Executive Order S-2-05).
The objective of this plan is to incorporate and coordinate all the facilities and personnel of the
City into an efficient organization capable of responding effectively to any emergency.
This EOP is an extension of the State Emergency Plan. It will be reviewed and exercised
periodically and revised annually to meet changing conditions. State Law requires that the City
Council formally adopt an Emergency Operations Plan at a regular meeting. The subject plan
has been prepared with guidance from the County of Riverside Emergency Management
Department and will be effective upon approval by the City Council.
FISCAL IMPACT: There is no fiscal impact.
ATTACHMENTS: 1. Resolution
2. The 2019 City of Temecula Emergency Operations Plan
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE 2019 CITY OF TEMECULA
EMERGENCY OPERATIONS PLAN
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, the City of Temecula may be subjected to emergencies and disasters
of all types; and
WHEREAS, the City of Temecula will continue to be prepared to respond during
emergencies and disasters to protect public peace, health and safety and to preserve
lives and property of the people; and
WHEREAS, the City of Temecula will plan and prepare in order to implement
efficient emergency operations and to mitigate the effects of emergencies and
disasters; and
WHEREAS, such planning and operations have been a coordinated effort of
local departments and agencies; and
WHEREAS, the City of Temecula will coordinate emergency prevention,
mitigation, preparedness, response and recovery activities in a manner consistent with
the Standardized Emergency Management System (SEMS) and, by extension, National
Incident Management System (NIMS); and
WHEREAS, City of Temecula has developed a comprehensive Emergency
Operations Plan in compliance with the requirements of the California Governor's
Office of Emergency Services (Cal OES).
WHEREAS, The City of Temecula has determined that it would be in the best
interest of the City of Temecula to adopt the 2019 City of Temecula Emergency
Operations Plan.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council adopts the 2019 City of Temecula Emergency
Operations Plan, which is on file with the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 11th day of December, 2018.
ATTEST:
Randi Joh!, 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 11th day of December, 2018, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
G�f�OFTEATRC�C
9
% 1 989
2019
CITY OF TEMECULA
EMERGENCY OPERATIONS PLAN
City of Temecula Emergency Operations Plan
2019
CITY OF TEMECULA EMERGENCY OPERATIONS PLAN
LETTER OF APPROVAL
To: Officials, Employees, and Citizens of the City of Temecula
The preservation of life, property and the environment is an inherent function of local,
state, and federal government. The City of Temecula, California has prepared this
Emergency Operations Plan (EOP) to ensure the most effective allocation of resources
for protection of people and property in time of an emergency.
While no plan can completely prevent death and destruction, good plans carried out by
knowledgeable and well-trained personnel can and will minimize losses. This plan
establishes the emergency organization, assigns tasks, specifies policies and general
procedures, and provides for coordination of planning efforts of the various emergency
staff and service elements utilizing Standardized Emergency Management System
(SEMS) and, by extension, National Incident Management System (NIMS), which is
currently being integrated into SEMS in California by the Governor's Executive Order S-
2-05).
The objective of this plan is to incorporate and coordinate all the facilities and personnel
of the City into an efficient organization capable of responding effectively to any
emergency.
This EOP is an extension of the State Emergency Plan. It will be reviewed and exercised
periodically and revised as necessary to meet changing conditions.
The City of Temecula gives its full support to this plan and urges all officials, employees,
and the citizens, individually and collectively, to do their share in the total emergency
effort of the City.
This EOP has been revised by the City of Temecula, consistent with SEMS/NIMS. The
EOP becomes effective on approval by the Temecula City Council.
Matt Rahn
Mayor, City of Temecula
Signed:
(Mayor, City of Temecula)
Date:
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Plan Development and Maintenance
The City of Temecula is responsible for writing, reviewing, and updating of the EOP. The
updates will include new information such as changing of phone numbers and revisions
of relevant standard operational procedures or organizational structure. A record of
changes and revisions will be maintained. All changes to the plan will be distributed as
shown on the plan distribution list. Revisions to the plan will be approved by the City of
Temecula.
Please note that the blue highlighted sections is Riverside County's excerpt relate to the
City of Temecula's EOP. It is pertinent information as the City of Temecula falls within
Riverside County.
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Distribution List
This distribution list names the departments or agencies receiving electronic copies of the
City of Temecula EOP. The plan will be available online (temculaca.gov).
Organization
City Council
Riverside County Fire
Department
Riverside County Sheriff's
Department
Riverside County EMD
Cal OES, Southern Region
FEMA
Record of Revisions
The City of Temecula will maintain the official copy of the EOP and use the record of
revisions table below to track changes to the EOP.
Change No. Description Change Date Approved By
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Table of Contents
Plan Development and Maintenance 2
Distribution List 3
Record of Revisions 3
Base Plan 9
Section 1.0 Administrative Features 9
1.1 Plan Format 9
1.2 Purpose and Scope 9
1.3 Riverside County/OA Implementation 10
1.4 Authorities and References 11
Federal 11
State 11
County 12
1.5 Relationship to Other Plans and References 12
1.6 Standard Operating Procedures/Guidelines (SOPs/SOGs) 13
Section 2.0 Situation and Assumption 14
2.1 General Description 14
2.2 Geography 15
2.3 Hazard Analysis 16
Severity Rating Table 17
2.4 Hazard Situation and Summaries 18
2.4.1 Earthquake Hazards 18
2.4.2 Public Health Emergencies 24
2.4.3 Wildland Fires 25
2.4.4 Electrical Failure and Utility Outages 26
2.4.5 Flooding 27
2.4.6 Transportation Hazards 32
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2.4.7 Extreme Weather and Drought 33
2.4.8 Hazardous Materials Incident 34
2.4.9 Insect Infestation 36
2.4.10 Domestic Security Threats 36
2.4.11 Nuclear Incidents 39
2.4.12 Toxic Pollution 40
2.4.13 Pipeline and Aqueduct Incidents 40
2.5 Planning Assumptions 41
Section 3.0 Concepts of Operations 42
3.1 Phases of Emergency Management 42
3.1.1 Mitigation Phase 42
3.1.2 Preparedness Phase 42
3.1.2.1 Management Watch 44
3.1.2.2 Universal Press Release Template 45
3.1.3 Response Phase 45
3.1.4 Recovery Phase 47
3.2 Presidential Policy Directive 8 - The National Preparedness Goal 48
3.3 National Incident Management (NIMS) 48
3.4 Standardized Emergency Management System (SEMS) 49
3.5 Incident Command System (ICS) 49
3.6 SEMS Organizational Levels 49
3.6.1 Field Response Level 49
3.6.2 Local Government Level 50
3.6.3 Operational Area Level 51
3.6.4 Regional Level 52
Figure Cal EOS mutual Aid Administrative Regions 53
3.6.5 State Level 53
3.6.6 Federal Level 53
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3.7 SEMS Organization 54
3.7.1 EOC Activation levels 55
3.8 Field Level Interface with the EOC 56
3.8.1 Field/EOC Communications and Coordination 56
3.8.2 Field/EOC Direction and Control Interface 56
3.8.3 Field/EOC Coordination with Department Operations Centers (DOCs) 56
3.9 EOC Action Plans 57
3.10 After Action/Corrective Actions Reports 57
3.11 Coordination with Emergency Response Levels 57
3.11.1 Coordination with Filed Response Level 57
3.11.2 Coordination within Riverside Operational Area 58
3.11.3 Coordination with Special Districts 58
3.11.4 Coordination with Volunteer and Private Sector Agencies 58
3.12 Statewide Emergency Management ................................. 58
3.12.1 California Master Mutual Aid Agreement.. 59
3.12.2 Emergency Management Assistance Compact (EMAC) 59
3.12.3 Mutual Aid System ...60
3.12.4 Mutual Aid Coordinators... 60
3.12.5 Mutual Aid Agreements...... 61
3.12.6 Riverside County/OA Mutual Aid Requests........................................61
3.13 Riverside County Emergency Organization 62
3.13.1 Emergency Proclamations...... 63
3.13.2 State of Emergency.... .63
3.13.3 State of War Emergency... 64
3.14 Continuity of Government.......... 64
3.14.1 Alternate Seat of Government ...... . 64
3.14.2 Lines of Succession... ................................... 65
3.14.3 Departmental Lines of Succession... ............... .............. 66
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3.14.4 Vital Records Retention... 67
3.15 Training, Documentation and Exercises 67
3.16 Requirements of the ADA and CA Access and Functional Needs Legislation 69
3.16.1 Individuals Requiring Whole Community Support Services 73
3.17 Animal Care Considerations 74
3.18 Communications and Warning ....................................... .................75
3.18.1 Emergency Alert System (EAS) 75
3.18.1.1 Integrated Public Alert and Warning System 78
3.18.2 National Warning System (NAWAS) 78
3.18.3 California State Warning Center (CSWC) 79
3.18.4 Operational Area Satellite Information System (OASIS) 79
3.18.5 Emergency Digital Information System (EDIS) 80
3.18.6 Public Safety Enterprise Communication (PSEC) 80
3.18.7 County Disaster Net . . . . . . 80
3.18.8 ReddiNet.................... .80
3.18.9 Satellite Telephones 80
3.18.10 Radio Amateur Civil Emergency Services (RACES)... ... 81
3.18.11 Riverside County Alert System (AlertRivCo)... 81
3.18.12 Social Media . 81
3.18.13 Relay Services .81
4.0 Riverside County Recovery Operations 82
4.0.1 Short Term Recovery .82
4.0.2 Long Term Recovery .. 82
4.1 SEMS Recovery Organization 83
4.2 Damage Assessment........ 83
4.2.1 Structural Damage ................................................... 83
4.3 Recovery Activities.. ........ ..................83
4.3.1 List of Damages. .....84
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4.4 Recovery Reporting and Documentation .84
4.4.1 After -Action Reporting...... .84
4.4.2 Recovery Documentation 84
4.5 Disaster Assistance.... ............ . ...... 85
4.5.1 Government Assistance to Individuals 85
4.5.2 Federal Programs............. ........... . ...... ........ ................. ............. 85
4.6 Non -Profit Volunteer Charitable Organizations ... 86
4.7 Public Assistance. 86
4.7.1 Federal — Robert T. Stafford Disaster Relief Act of 1974 86
4.7.2 Joint Field Office 87
4.7.3 State — California Disaster Assistance Act(CDAA).......................... 87
4.8 Hazard Mitigation Grant Programs.... ...................... .......... ........ ..... ......88
APPENDIX A — Glossary of Terms 90
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II 1),
s
BASE PLAN
Section 1.0 Administrative Features
1.1 Plan Format
The EOP consists of the Base Plan, Appendices, and Emergency Support Function
Annexes.
• Base Plan:
o Introduction and administrative features; concept of operations including the
principles and methods used to carry out emergency operations; hazards
and threats to the City of Temecula to provide a rationale for prioritizing
emergency preparedness actions for specific hazards; and recovery and
mitigation operations.
• Appendices:
o Glossary of Terms; resources; contact lists; supporting documentation;
EOC Operations; Department Emergency Operations
• Emergency Support Function Annexes:
o The annexes represent a set of specific protocols that are complementary
to the EOP and will be used during specific, significant emergency situations
that require unique planning and coordination beyond the all hazards
approach within the Basic Plan (example, floods).
1.2 Purpose and Scope
This EOP applies to the City of Temecula. The EOP addresses the planned response to
extraordinary situations associated with natural disasters and/or human caused incidents
including both peacetime and national security operations. The plan focuses on
coordinating mutual aid and also provides an overview of the operational concepts
relating to various emergency situations, identifies components of the emergency
response, and describes the overall responsibilities of the Riverside County Operational
Area (OA) for supporting OA Members in protecting life and property.
The Riverside County OA EOP provides a consistent framework for emergency
management and includes County management staff and employees, federal, state and
city governments, tribal governments, partner agencies, special districts, and school
districts that serve Riverside County residents, and private and volunteer organizations
involved in emergencies. This plan provides the structure for activation of the OA EOC
during incidents that require the activation and use of the OA EOC by OA Members.
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1.3 Riverside County/City of Temecula EOP Implementation
Activation of the City of Temecula EOP occurs as a result of one of the following
conditions:
• Local emergency;
• Issuance of a credible long-term earthquake prediction;
• Receipt of a flood advisory or other special weather statement;
• Receipt of a potential dam failure advisory;
• Initiation of rolling blackout or other power failures;
• An unusual pattern of disease reporting;
• Notification of actual or threatened cyber events;
• Conditions conducive to wild land fires, such as the combination of high heat,
strong winds, and low humidity;
• A potential major hazardous materials incident;
• A rapidly deteriorating international situation that could lead to an attack upon the
United States; and
• Information or circumstances indicating the potential for acts of terrorism, violence,
or civil disturbance.
Activation of the Riverside County OA EOP occurs as a result of one of the following
conditions:
• Upon the declaration of a Local Emergency by the Board of Supervisors of
Riverside County, or by persons herein authorized to act in its stead; (Ordinance
No. 533, as amended through 533.5, Article III, Section 3.2)
• When the Governor has proclaimed a State of Emergency affecting and including
Riverside County
• Upon the existence of a State of War Emergency as defined in California
Emergency Services Act (Chapter 7, Division 1, Title 2, California Government
Code)
• When two or more cities within the Operational Area have declared a local
emergency
• When the Operational Area is requesting resources from outside its boundaries,
except those resources used for day-to-day operations through existing
agreements or as provided for under the Master Mutual Aid Agreement
• When the Operational Area has received resource requests from outside its
boundaries, except those resources used for day-to-day operations through
existing agreements or as provided for under the Master Mutual Aid Agreement
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1.4 Authorities and References
The following documents provide emergency authorities for conducting and/or supporting
emergency operations:
Federal
• Homeland Security Presidential Directive (HSPD) 5, Management of Domestic
Incidents issued February 28, 2003;
• Presidential Policy Directive (PPD) 8, National Preparedness issued March 30,
2011;
• U.S. Department of Homeland Security, National Incident Management System
(NIMS)
• U.S. Department of Homeland Security, National Response Framework (NRF)
• Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §§
5121, et seq.);
• National Fire Protection Association, Safer Act Grant; National Fire Protection
Association Standard No. 1710, 2010
• Americans With Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (ADA)
• Post -Katrina Emergency Management Reform Act of 2006 (6 U.S.C. §§ 701, et
seq.)
• The Pets Evacuation and Transportation Standards Act of 2006
• Flood Control and Coastal Emergency Act (33 U.S.C. § 701 n);
• NRT-1, Hazardous Materials Emergency Planning Guide and NRT-1A Plan
Review Guide (Environmental Protection Agency's National Response Team)
• National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321, et seq.)
State
• California Constitution;
• California Emergency Services Act (Government Code §§ 8550, et seq.);
• Standardized Emergency Management System (SEMS) Regulations (19 Cal.
Code of Regulations §§ 2400, et seq. and Government Code § 8607);
• California State Emergency Plan
• California Natural Disaster Assistance Act (Government Code §§ 8680, et
• seq.);
• California State Private Nonprofit (PNP) Organizations Assistance Program, 2011
• California Hazardous Materials Incident Contingency Plan
• California Oil Spill Contingency Plan (Government Code §§ 8670.1, et seq.)
• California Health and Safety Code §§ 25115 and 25117; §§ 2550, et seq.; and §§
25600 through 25610, dealing with hazardous materials
• Orders and Regulations selectively promulgated by the Governor during a State of
Emergency
• Orders and Regulations promulgated by the Governor to take effect during a State
of War
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• California Master Mutual Aid Agreement
• Emergency Management Assistance Compact (Government Code §§ 179, et seq.)
County
• Riverside County, California, Code of Ordinances; Title 2 — Administration: Chapter
2.100 — Emergency Services
• Riverside County Emergency Services Ordinance 533.5; item 3.52 of 08/23/2005
(effective 9/22/2005)
• Resolution, adopting the California Master Mutual Aid Agreement, July 1958
• Resolution SLR -28, adopting Workmen's Compensation Benefits for Disaster
Service Workers, June 8, 1988
• Resolution SLR -55, adopting the Emergency Operations Plan, November 15, 1988
• Resolution 95-205, adopting the Standardized Emergency Management System
(SEMS), August 15, 1995
• Resolution 95-206, adopting the Operational Area Agreement, August 15, 1995
• Resolution 2006-051 adopting the National Incidental Management System
(NIMS) within Riverside County on February 28, 2006.
• Resolution adopting the County of Riverside Multi -Jurisdictional Local Hazard
Mitigation Plan, 2017
• Resolution 2006-052 adopting the revised Riverside County Emergency
Operations Plan on February 28, 2006
1.5 Relationship to Other Plans and References
The Riverside County EOP is the primary document used by the County and the OA to
describe the conduct of emergency management activities from the OA perspective. The
EOP provides a conceptual framework for all other emergency management planning of
the OA, but not necessarily of OA Members.
The Riverside County EOP contributes to the emergency management by describing how
activities will be conducted within OA limits, and how support will be requested and
coordinated - in the form of mutual aid and other resources. When emergencies or
disasters necessitate resource support from regional, State, Federal, international,
private or non-profit sources outside the immediate control of OA Members, then this EOP
will serve as the primary guide to coordinating those resources.
The Riverside County EOP is not a stand-alone document. Its purpose is to support the
emergency plans and procedures of OA Members. This plan is designed to be flexible
enough that that it can adapt to a changing response environment and to the needs of
supporting and requesting organizations. Some of the plans and guidelines that this EOP
will frequently support include:
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• Federal Disaster Relief Act of 1974 (PL 93-288) Section 406 Minimum Standards
for Public and Private Structures
• California State Emergency Plan
• California Coroner's Mutual Aid Plan
• Disaster Assistance Procedure Manual (Cal OES)
• California Law Enforcement Mutual Aid Plan
• California Fire and Rescue Operations Plan
• County of Riverside General Plan
• Disaster Service Workers regulations, adopted by the California Emergency
Council, amended January 9, 1979
• Local City Emergency Operations Plans and Procedures
1.6 Standard Operating Procedures/Guidelines (SOPs/SOGs)
Departments that have responsibilities in this plan shall prepare and maintain
organizational and/or position -specific Standard Operating Procedures (SOPs), Standard
Operating Guidelines (SOGs), or plans detailing personnel assignments, policies,
notification rosters, resource lists, and specific steps for accomplishing the functions
assigned in this EOP. Staff emergency response personnel should be acquainted with
these SOPs/SOGs, and receive periodic training on the policies and procedures
contained within the SOPs/SOGs in support of this EOP.
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Section 2.0 Situation and Assumptions
2.1 General Description
City of Temecula
In 1989, Temecula incorporated as a General Law City. The City of today encompasses
both Old Town Temecula and a portion of the planned community of Rancho California.
Since incorporation, the City has improved upon the good parts of this original blueprint
to create a desirable community with exceptional public safety, community services,
recreational amenities, and a robust commerce.
The City's development is a mixed combination of residential, commercial and industrial.
It is a moderately densely populated community with 3.24 people per occupied dwelling
unit. Here, it ranks in the lower half of the inland region's major cities. Temecula's rapid
retail sales growth has given it the fifth highest volume of the 48 Inland Empire cities.
Numerous large and highly technical operations have already chosen to locate in the City.
They are in sectors like medical instruments, semiconductors, measuring and control
devices, communications equipment, specialty machining and programming.
County of Riverside
Riverside County was officially formed on May 9, 1893 by a measure approved by voters.
The county seat is in the City of Riverside. According to the January, 2011 estimates from
the State of California, Department of Finance, the county has a total population of
2,217,778, and is the fourth most populous county in California. There are 28 incorporated
cities and many unincorporated communities and neighborhoods within Riverside
County. Riverside County is located inland from Los Angeles County and is bordered by
Orange County on the west; by La Paz County, Arizona on the east; by San Diego County
on the southwest; by Imperial County on the southeast; and by San Bernardino County
on the north.
The only commercial airport is Palm Springs International Airport, and there is a military
airport at March Air Reserve Base. The general aviation airports are Banning Municipal
Airport, Bermuda Dunes Airport, Blythe Airport, Corona Municipal Airport, Flabob Airport,
Riverside, French Valley Airport, Murrieta, Hemet -Ryan Airport, San Jacinto Valley,
Jacqueline Cochran Regional Airport, Thermal, Perris Valley Airport, and Riverside
Municipal Airport.
There are also 12 federally recognized Tribal Governments and Reservations in Riverside
County, which is tied for second in the nation as a county with the highest number of
tribes. The tribes in Riverside County are:
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• Agua Caliente Band of Cahuilla Indians
• Augustine Band of Cahuilla Indians
• Cabazon Band of Mission Indians
• Cahuilla Band of Mission Indians
• Colorado River Indian Tribe (partly in La Paz County, AZ and San Bernardino
County, CA)
• Morongo Band of Serrano Mission Indians
• Pechanga Band of Luiseno Mission Indians
• Ramona Band of Cahuilla Mission Indians
• Santa Rosa Reservation
• Soboba Band of Luiseno Indians
• Torres -Martinez Desert Cahuilla Indians (partly in Imperial County, California)
• Twenty-nine Palms Band of Mission Indians (partly in San Bernardino County)
The critical facilities identified throughout Riverside County include schools, hospitals, fire
and police stations, emergency operation centers, communication centers, dams, and
industrial sites that use or store explosives, toxic materials or petroleum products.
Critical facilities are parts of infrastructure that must remain operational after an incident
or facilities that pose unacceptable risks to public safety if severely damaged. Critical
infrastructure includes dams, highways, waste management and water treatment sites,
reservoirs, transportation providers and routes, and public utilities.
2.2 Geography
City of Temecula
The hazards in Temecula include the same as much of Riverside County, including,
earthquake, flooding and fires. Additionally, Temecula has more transportation related
hazards and incidents because of the highways (Interstate Highway 15 and Highway 79
within the city sphere).
The City of Temecula is an incorporated city in Riverside County in the Southwestern
portion of the County. It is 30.15 square miles and is 30 miles south of the County seat,
the City of Riverside. Temecula sits north of and adjacent to San Diego County to its
south. The City's eastern and western boundaries are with Riverside County Jurisdictions
and to the north is the City of Murrieta. Interstate Highway 15 travels north and south
through the western portion of the City. State Highway 79 travels east from the City on
both the southern and northern portions of the city. Murrieta Creek which is a pathway
from Lake Skinner Reservoir is on the western portion of the City and Temecula Creek
which is a pathway from the Vail Lake Reservoir is on the southern portion of the City.
They combine to form the Santa Margarita River in the extreme southwest portion of the
jurisdiction. The Santa Margareta Mountains run along the western portion of the
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jurisdiction. The City of Temecula's mean yearly temperature is 64 degrees with an
average high temperature of 81 degrees and an average low temperature of 47 degrees.
The average annual rainfall is 11.4 inches per year
County of Riverside
Geographically, the county is roughly 180 miles wide from east to west. The county
elevation ranges from 60 feet in the city center of Riverside to 9561 feet at San Jacinto
Peak. The total area of the county is 7,303.13 square miles, of which land is 7207.37
square miles, and water is 95.76 square miles. The county has a Mediterranean climate
in the western portion of the county, and is mostly desert in the central and eastern
portions of the county. Riverside County experiences hot summers with average highs at
95 degrees, and cold winters with lows averaging at 42 degrees. The county is home to
the Coachella Valley National Wildlife Refuge, the Santa Rosa and San Jacinto
Mountains National Monument, and parts of the Joshua Tree National Park, Cleveland
National Forest, and the San Bernardino National Forest. There are 19 official wilderness
areas in Riverside County that are part of the National Wilderness Preservation System.
Some are integral parts of the protected areas listed above. Most (11 of the 19) of these
areas are managed solely by the Bureau of Land Management (BLM), and some share
management between the BLM and relevant other agencies
The major transportation routes through the county are Interstate 10, 15, and the 215
which run east -west across the county. U.S. Highway 99, 95, and 395 are prominent
historical highways running through the county. There are also numerous state routes
through all parts of the county.
2.3 Hazard Analysis
A hazard represents an event or physical condition that has the potential to cause
fatalities, injuries, property damage, infrastructure damage, agricultural losses, damage
to the environment, interruption of business, or other types of harm or loss.
A Hazard Analysis was created using a hazard questionnaire. The purpose of the
questionnaire is to help identify the hazards within the service area. A list was developed
in the County of Riverside Local Hazard Mitigation plan from the first round of meetings
with various working groups in the 2005 plan creation and from the hazards listed in the
County's General Plan.
A detailed analysis of the hazards facing Riverside County are identified in the Multi -
Jurisdictional Local Hazard Mitigation Plan, prepared by the County of Riverside in 2017.
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The natural hazards included in this EOP were agreed upon by the Riverside County
Hazard Mitigation Steering Committee. The hazards selected were ranked on potential
effect using key criteria such as frequency, deaths, injuries, property damage, and
economic effect. The natural hazards evaluated as part of this plan include those that
have occurred historically or have the potential to cause significant human and/or
monetary losses in the future. The following hazards were ranked by the Steering
Committee for the 2017 plan:
Hazard
2017 Ranking for
Potential Impact in
Riverside County
Earthquake
1
Pandemic Flu
2
Wildland Fire
3
Electrical Failure
4
Emergent Disease/Contamination
5
Cyber Attack
6
Terrorist Event
7
Communications Failure
8
Flood
9
Civil Disorder
10
Drought
11
Nuclear/Radiological Incident
12
Extreme Weather
13
Transportation Failure
14
Dam Failure
15
Aqueduct
16
Tornado
17
Insect Infestation
18
Jail/Prison Event
19
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Pipeline Disruption
20
Landslide
21
HazMat Incident
22
Water Supply Disruption/Contamination
23
2.4 Hazard Situation and Summaries
Similar to the County of Riverside, the City of Temecula's main hazards are Earthquakes,
wildland fire, and flooding, though a ranking including loss of life and money gives hazards
a different priority ranking in table above with Pandemic Flu coming in second ranked
between earthquake and wildland fires.
2.4.1 Earthquake Hazards
City of Temecula
Earthquakes in southern California are most often the sudden slip on a fault resulting in
ground shaking. They can also be caused by volcanic activity or sudden stress changes
in the earth's crust. Earthquakes occur Tess frequently than other hazards but account for
the most deaths, injuries, and damage in the county as the greatest catastrophic disaster
threat.
The City is located in Seismic Hazard Zone. The nearest active earthquake faults are
listed below. Jurisdiction has experienced several noticeable ground movement incidents,
but no local damage was sustained.
Elsinore Fault Zone
The fault zone is in the Interstate 15 corridor on the western portion the city running
parallel with the Interstate in a north and south direction.
County of Riverside
The earthquake hazard for Riverside County comes primarily from three major faults that
traverse the county: the San Andreas Fault, the Elsinore Fault, and the San Jacinto Fault.
Proximity of earthquakes to populated areas and the time of day factor in to the number
of deaths and property damage.
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The San Andreas Fault passes 11 miles from the downtown area of the City of Riverside.
The fault stretches from Northern California to the Mexican border, and is over 600 miles
long. It has the potential for an 8.3 Moment Magnitude Scale (MMS) earthquake.
The San Jacinto Fault extends 125 miles from near El Centro to near San Bernardino
intersecting freeways 10, 215, and 60. This fault has the potential for a 7.0 MMS
earthquake.
The Elsinore Fault, though smaller than the San Jacinto Fault runs near the cities of
Corona, Eastvale, Norco, Jurupa Valley, and south into Lake Elsinore. This fault has the
potential for producing a 6.0 MMS earthquake.
The western portion of the county can expect strong to severe ground shaking generated
by movement along these active faults. The cities most at risk for damage from close
proximity to faults include Banning, Calimesa, Cathedral City, Coachella, Corona, Desert
Hot Springs, Hemet, Indio, Lake Elsinore, Moreno Valley, Murrieta, Palm Springs, San
Jacinto, and Temecula.
A moderate earthquake occurring in or near Riverside County could result in deaths,
casualties, property damage, environmental damage, and disruption of normal
government and community services and activities. The effects could be aggravated by
collateral emergencies such as fires, flooding, hazardous material spills, utility
disruptions, landslides, transportation emergencies, or dam failure. Aftershocks to major
earthquakes could also be large enough to cause damage, and must be part of planning.
Community needs would likely require emergency management mutual aid from other
counties, states, or federal agencies plus coordinating support from volunteer and private
agencies. Individuals should also plan to provide for themselves and their families in the
aftermath of an earthquake.
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*Picture taken from City of Temecula Hazard Mitigation Plan
The Alquist-Priolo Earthquake Fault Zoning Act (1972) and the Seismic Hazards Mapping
Act (1990) create "Zones of Required Investigation" to minimize the loss of life and
property posed by earthquake -triggered ground failures. Cities and counties affected by
the zones regulate development "projects". Sellers of real property within a mapped
hazard zone must disclose at the time of sale that the property lies within such a zone.
Alquist-Priolo Earthquake Fault Zones have been designated by the California Division of
Mines and Geology for the Elsinore, San Jacinto, and San Andreas fault zones in
Riverside County.
September 21, 2012 maps were released under the authority of the Alquist-Priolo
Earthquake Fault Zoning (AP) Act state law designed to reduce the hazard from surface
fault rupture during an earthquake. These maps include the Mecca, Mortmar, Orocopia
Canyon, Salton, and Durmid Quandrangles. Earthquake Fault Zones are regulatory
zones that encompass surface traces of active faults that have a potential for future
surface fault rupture. There are publications related to geologic seismic hazards located
at the following website:
https://www.usgs.gov/centers/geohazards
The County of Riverside has zoned fault systems and required similar special studies
prior to development. These are referred to as County Fault Zones on Figure S-2 and in
the Technical Background Report. Within A -P and County Fault Zones, proposed tracts
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of four or more dwelling units must investigate the potential for and setback from ground
rupture hazards. As there are many active faults in Riverside County, with new fault
strands being continually discovered, all proposed structures designed for human
occupancy should be required to investigate the potential for and setback from ground
rupture. Also of concern are structures that can cause harm if damaged by an earthquake,
such as utility, communications, and transportation lifelines. The County regulates most
development projects within earthquake fault zones. Before a project can be permitted
within an A -P Earthquake Fault Zone, County Fault Zone, or within 150 feet of any other
potentially active or active fault mapped in published United States Geological Survey
(USGS) or California Division of Mining and Geology (CDMG) reports, a geologic
investigation must demonstrate that proposed buildings will not be constructed across
active faults.
Earthquake Mitigation
Comprehensive hazard mitigation programs that include the identification and mapping
of hazards, prudent planning and enforcement of building codes, and expedient
retrofitting and rehabilitation of weak structures can significantly reduce the scope of an
earthquake disaster. Senate Bill 547 addresses the identification and seismic upgrade of
potentially hazardous buildings, including: unreinforced masonry, pre -1971 concrete tilt -
ups, soft -stories, mobile homes, and pre -1940 homes.
Ground Failure
Ground failure induced by earthquake includes liquefaction, lurching, and differential
settlement (sinkholes). Liquefaction occurs during earthquakes when water -saturated
soils transform into a liquefied state in areas where the water table is less than 50 feet
underground. Portions of Riverside County are susceptible to liquefaction during seismic
activity as shown in the figure below.
(source: http://planning.rctlma.orq/Portals/0/genplan/content/gp/chapter06.html)
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Landslides/Debris Flows
Landslides, or debris flows, are gravity -driven movement of hill slope materials, which can
travel at speeds ranging from fractions of an inch per year to tens of miles per hour
depending on the slope steepness and water content of the rock/soil mass. Earthquakes
can lead to slope failures in mountainous areas throughout the county, especially when
the slopes have been denuded from fires in the past. The map below shows landslide
susceptibility occurs throughout Riverside County and which areas are less susceptible.
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2.4.2 Public Health Emergencies
Public health emergencies include communicable disease outbreaks, such as
tuberculosis, hepatitis, and meningitis, as well as public health emergencies resulting
from terrorism or natural disasters. The County Health Officer has the authority to
proclaim a public health emergency and would lead the efforts throughout the Operational
Area to eradicate a public health emergency.
The 20th century saw three global pandemic influenza outbreaks, the most notable of
which was the 1918 Spanish influenza pandemic that was responsible for 20-40 million
deaths throughout the world. The most recent pandemic, the 2009 H1 N1 flu, first identified
in Imperial and San Diego counties, killed more than 550 Californians, sent thousands
more to hospitals, caused widespread fear and anxiety and the declaration of a public
health emergency.
Riverside County EMD may establish Point of Dispensing sites in conjunction with the
Riverside University Health System - Public Health, as part of the Strategic National
Stockpile (SNS) plan and preparedness. The sites would be established at large
gathering facilities such as a community center or public school gym. These sites would
allow for the dispensing of medications to a large number of people for prophylaxis of
asymptomatic individuals as well as treatment of symptomatic persons. Public health
experts are always concerned about the risk of another pandemic where a disease
spreads between and amongst species. Depending on the nature of such a disease, if
25% to 35% of the population became ill this would disrupt all aspects of society and
severely affect the economy. EMD and RUHS-PH will work closely with local jurisdictions
to ensure that:
• Planning efforts are consistent throughout the county;
• Official information will be provided to the jurisdictions in a timely manner;
• Pharmaceutical distribution planning, training and exercising is conducted;
• The organization is SEMS/NIMS compliant.
In Riverside County, both medical (medications, vaccines) and non-medical (school
dismissal, isolation and/or quarantine) countermeasures will be implemented as deemed
appropriate to mitigate the impact of the emergency on the public's health and safety.
The County, at the direction of the Public Health Officer for Riverside County, will
implement the procedures and protocols as recommended. To ensure consistent
planning efforts, federal, state, and county public health agencies use the World Health
Organization (WHO) pandemic phases to guide their planning efforts. These phases may
be changed depending on the incident.
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Pandemic Phases
Figure 1. The continuum of pandemic phases'
Pandemic phase
Alert phase
lnterpandemk phase
Transition phase
interpandemk phase
1 ►
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Preparedness
Response
Recovery
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Sources: CDC, https://www.cdc.gov/flu/pandemic-resources/planning-
preparedness/global-planning-508.html
2.4.3 Wildland Fires
Fire is a continuous threat in Riverside County. Wildland fire (wildfire) spreads through
vegetative fuels resulting in destruction to property. Wildfires can occur in undeveloped
areas and spread to urban areas. The western end of the County is more urban, densely
populated, and covered with vegetation that is susceptible to wildfires. The eastern end
of the County is primarily desert, with far less population and far less vegetation than the
western end of the County. People living near the borders of major forests and brush
areas increases the probability of human -caused fires is growing. Other factors related to
fire spreading include lightning strikes, Santa Ana winds, homes with a shake roof, and
poor control of flammable growth around structures.
In Riverside County, the cities and special districts that are most vulnerable to wildland
fires are the cities of Banning, Beaumont, Canyon Lake, Corona, Desert Hot Springs,
Eastvale, Hemet, Jurupa Valley, Lake Elsinore, Murrieta, Norco, Perris, Wildomar, and
the Fern Valley Water District, Idyllwild Fire Protection District, Idyllwild Water District,
Menifee Union School District, Riverside County Office of Education, Riverside Unified
School District, and San Jacinto Unified School District.
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Effects of Wildland Fires
Riverside County
Wildland Fire Threat
Fires result in death, injury, economic loss, environmental loss, and significant public
investment in firefighting efforts. Woodlands and other natural vegetation can be
destroyed resulting in a Toss of wildlife habitat, scenic quality and recreational resources.
Soil erosion, sedimentation of fisheries and reservoirs, and downstream flooding can also
result.
Wildfires often result in power outages. These outages can affect an extensive
geographic area. Critical facilities in the line of fire are of particular concern.
Wildfires lead to flooding and erosion. If heavy rains follow a major fire, flash floods,
erosion, landslides and mudflows can occur.
2.4.4 Electrical Failure and Utility Outages
A utility failure of extended duration may become a major emergency. Such might be the
case in an extended power outage, a disruption in natural gas delivery, or a loss of water
supply. A short duration event involving a widespread loss of telephone service may also
rise to the level of a major emergency if it involves the public's ability to access the 9-1-1
system. Depending on the type and extent of disruption and other conditions, such as
weather, a utility failure can have a broad range of impacts. Persons with access and
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functional needs are at highest risk from utility disruptions, the whole community in the
county would be significantly impacted by a widespread interruption of government,
business, and private services.
It is important to recognize that different types of outages are possible so that plans may
be made to handle them effectively. Electric power disruptions can be generally grouped
into two categories: intentional and unintentional. Intentional disruptions include planned
service for maintenance or upgrading. Unintentional disruptions can be caused by an
accident; malfunction or equipment failure and/or equipment overload or reduced
capability; storms or weather related causes; wildfire that damages transmission lines; or
intentional damage, including terrorism.
Utility failures of significant proportion typically arise from other hazard events such as
floods or earthquakes, but may occur as standalone events. Immediate objectives would
focus on repairs necessary to restore power to areas of greatest need. All critical facilities
would require standby generating equipment and emergency fuel supplies.
2.4.5 Flooding
City of Temecula
The City of Temecula has had a long history with heavy rains. It is not the drainage from
the city itself that has had flooding in the past; the city's intrigued drainage system has
been more than adequate for the seasonal rains. The possibility of flood for the City of
Temecula stems from its location between two major drainages, Murrieta Creek to the
north and west of the city and Temecula Creek on the south. Both come together to form
the Santa Margareta River in the southwest corner of the city. The last major flood
experienced from these two Creeks was in 1993. The city has taken steps to control
flooding through vegetation reduction, creek maintenance, and bridge upkeep. With the
continued practice, flooding within the city should be prevented. The City of Temecula
participates in the National Flood Insurance Program (NFIP). The City joined the program
in 1989 and is in good standing.
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County of Riverside
Flooding is a frequent natural hazard impacting Riverside County. Floods are generally
classed as either slow -rise or flash floods. Slow -rise floods may be preceded by a warning
time lasting from hours to days, or possibly weeks. Evacuation and sandbagging for a
slow rise flood may lessen flood -related damage. Flash floods are characterized by
extremely short warning times. Regardless of the type of flood, the cause is often the
result of excessive rainfall either in the flood area or upstream reach. Floods may also
occur from a dam failure.
Flood effects on agriculture can be devastating, damaging crops, livestock, and dairy
stock. In addition to the obvious impacts on animals and crops, flooding can have
deleterious effects on soil and the ability to resume the agricultural activities affected once
the flood waters recede.
Landslides caused by heavy precipitation send mudslides gushing down rain -sodden
slopes. Most mudslides are localized in small gullies, threatening only those buildings in
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their direct path. They can burst out of the soil on almost any rain -saturated hill when
rainfall is heavy enough.
Riverside County has several major river systems, dams, and reservoirs. Excessive
rainfall can also stress these systems causing serious damage to property and potential
loss of life. Rivers can overflow their banks, destroying bridges and washing out roads
and highways during major flood events.
All cities, communities, unincorporated areas, Tribal lands, and special districts within the
OA are at risk for flooding. When Riverside County experiences heavy rain or rain over a
period of days or weeks, many areas of the County experience flooding.
The western portion of Riverside County contains portions of the Santa Ana River, San
Jacinto River and Santa Margarita River watersheds near urban centers. The eastern
portion of the county is generally a sparsely populated agricultural region that experiences
sporadic flooding. Both common winter storm events and summertime monsoonal flows
from Mexico's Pacific Coast can spawn massive rainstorms, general flooding, and flash
floods. The Eastern portion of Riverside County contains portions of the Whitewater River
and Colorado River watersheds.
FEMA, has identified 100 -year flood hazard areas across Riverside County as shown in
the map below.
Many essential public facilities and hazardous materials sites are located within the 100
year flood zones of Riverside County County's General Plan, these included 14 of the
County's 39 airports; 4 of 18 hospitals; 47 of 109 police stations, fire stations, and
emergency operation centers; 92 of 380 schools; 446 of 1,306 highway bridges; and 695
of 1,978 hazardous materials sites.
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Riverside County
100 Year Flood Plain Risks
Potential Flooding
Dam Failure
The term "dam failure" encompasses a wide variety of circumstances. Situations that
would constitute a dam failure vary widely, from developing problems to a partial or
catastrophic collapse of the entire dam. Potential causes of a dam failure are numerous
and can be attributed to deficiencies in the original design of the dam, the quality of
construction, the maintenance of the dam and operation of the appurtenances while the
dam is in operation, and acts of nature including precipitation in excess of the design,
flood, and damage from earthquakes. Water over -topping the dam crest is a common
cause of failure in earth dams.
The Riverside County Dam Inundation Risk map is shown below in Figure 4. The
California Department of Water Resources lists 45 dams, reservoirs, run-off storage
reservoirs, canals, or levees in Riverside County. The dams are listed in the Local Hazard
Mitigation Plan. Descriptions of the dams and their inundation impact on the County are
outlined in the Dam Inundation Impact Plan, maintained by the County of Riverside
Emergency Management Department.
Riverside County is a participant in the National Flood Insurance Program (NFIP) which
enables property owners to purchase insurance protection against losses from flooding.
Participation in the NFIP required that Riverside County adopt and enforce a floodplain
management ordinance to reduce flood risks to new construction in Special Flood Hazard
Areas (SFHA). New construction located within a SFHA typically includes minimum
elevation requirements, flood resistant construction below the base flood elevation,
venting of storage areas or under -floor spaces, and protection of utilities.
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Western Riverside County
Dam Inundation Risks
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ARkStorm
The U.S. Geological Survey, Multi Hazards Demonstration Project scientists designed a
hypothetical winter storm scenario called ARkStorm (AR for Atmospheric River and k for
1,000 years) that would strike the U.S. West Coast and be similar to the intense California
winter storms of 1861 and 1862 that left the central valley of California impassible. The
storm would produce precipitation that exceeds levels only experienced once every 500
to 1,000 years.
The scenario predicts extensive flooding, hurricane force winds, landslides, and damage
to roads, highways, and homes would occur. Property damage would exceed $300 billion,
mostly from flooding. Agricultural losses and other costs to repair lifelines, and repair
damage from landslides, would cost another $100 billion. Lifelines refers to power, water,
sewer, and natural gas infrastructure damage that may take weeks or months to restore.
Flooding evacuation causing business interruption could cause $325 billion in lost
revenue in addition to the $400 billion property repair costs, meaning that an ARkStorm
could cost up to $725 billion.
The scenario determined the worst flooding would occur along the coastal areas of
Orange County, Los Angeles County, San Diego, and the San Francisco Bay area. The
Central Valley would experience hypothetical flooding 300 miles long and 20 or more
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miles wide. The scenario showed Riverside County to be in a high -wind region (75 mph
and higher) with potential loss of transmission lines. Property losses in Riverside County
are projected from flooding and wind, and also agricultural and livestock damages up to
$22 million. The ARkStorm has public policy implications raising serious questions about
the ability of existing federal, state, and local disaster planning to handle a disaster of this
magnitude.
2.4.6 Transportation Hazards
City of Temecula
There is the potential for death and injury from large-scale motor vehicle accidents. There
is the potential for hazards material spills or fires as numerous commercial transportation
vehicles travel Interstatel5 through the city limits with various quantities and types of
hazardous materials.
There is also the potential for death and injury from large-scale industrial accidents with
the City of Temecula. There are numerous large industrial facilities storing a wide variety
of hazardous chemicals in large quantities. Many of the facilities store enough material to
require their own hazardous materials teams on site. The City of Temecula has large
volume gas pipe lines through its jurisdiction increasing the chance of a hazardous
materials incident. (See Riverside County OA MJHMP Section 5.4 Pages 271-294)
A mass casualty transportation incident is defined as an incident of air, highway, or rail
passenger travel that results in multiple deaths or injuries that require emergency
management organization involvement. Transportation incidents can be caused by
transportation of hazardous materials, earthquake, hazardous weather, or other
hazardous conditions interrupting the flow of transportation and/or public safety.
County of Riverside
Traffic density on Interstate 10, 15, and 215, and State Routes (SR) 91 and 60, freeways
in the western part of the County is of particular concern. The population and economic
growth in this area has caused increased demand on these networks.
Major rail transport lines through Riverside County include Union Pacific and the
Burlington Northern Santa Fe (BNSF) Railway Companies. Rails, cars, supporting
bridges, overpasses, and electrically -operated switching mechanisms are susceptible to
damage. Union Pacific and the BNSF Railway Companies lines enter the Coachella
Valley from Imperial County along the eastern shore of the Salton Sea.
There are two major airports in Riverside County: March Air Reserve Base and Palm
Springs International Airport. There are also numerous smaller municipal and commercial
airports, and private air strips throughout the county.
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Major Transportation Routes
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Depending on the location of the incident, the cascading effects of transportation
emergencies are generally limited to those of Hazmat incidents as described above. If
the incident occurs in the desert when the temperatures are very high life and health may
be threatened for citizens in vehicles stopped for several hours. At a minimum there are
a lack of conveniences (bathrooms, water, cooling areas).
2.4.7 Extreme Weather and Drought
Riverside County experiences extreme weather and storm conditions regularly, be it
extreme heat or cold, high winds, lightning storms, and drought. There have been
occasional tornados in Riverside County. Riverside County has a wide range of
temperatures, from freezing in some areas during the winter months, to extremely hot
temperatures for long periods of time during the summer in the deserts. Extreme weather
may cause a variety of damages with most frequent past effects being power and utility
outages.
Extreme Heat & Cold
Extreme heat can cause heat illness and death. Temperatures are regularly 110 degrees
and as high as 122 degrees during the summer months in Riverside County. Freezing
temperatures in the mid-20s' degrees occasionally occur during winter and can cause
extensive crop damage.
Riverside County will activate warming or cooling centers as needed during times of
excessive weather conditions. The center sites will be designated throughout Riverside
County and the cities within the county.
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Droughts
Droughts differ from typical emergency events such as floods or forest fires, in that they
occur slowly over a multiyear period. Drought impacts increase with the length of a
drought, as carry-over supplies in reservoirs are depleted and water levels in groundwater
basins decline. Droughts can have long-term economic repercussions. Riverside County
chronically experiences drought cycles. Drought causes stress on the County's ability to
provide water to the community. In addition, drought conditions cause extensive
weakening of trees in forested areas causing them to become highly vulnerable to
disease and insect infestation which kills trees creating a severe fire hazard. Drought
impact on the County's agricultural industry and home development can be monumental.
This is a chronic problem for Riverside County and accounts for significant indirect costs
and loss of property.
Windstorms
Extreme wind, such as the Santa Ana winds, may cause damage and increased fire
activity. Riverside County is in the direct path of the ocean -bound Santa Ana winds.
These winds primarily occur between October and February with December having the
highest frequency of events. Wind speeds are typically north to east at 35 knots through
and below passes and canyons with gusts to 50 knots.
Tornadoes & Micro -bursts
Tornadoes are a rare phenomenon in most of California, with most tornado-like activity
coming from micro -bursts. In Riverside County both tornadoes and micro -bursts have
occurred in the past 10 years in the desert areas causing flooding and power outages.
2.4.8 Hazardous Materials Incident
A hazardous material is any substance that is flammable, combustible, corrosive,
poisonous, toxic, explosive or radioactive. Hazardous materials require special care in
handling and storage due to the harm they pose to public health, safety and the
environment. Many government agencies inspect facilities that use or store hazardous
materials to ensure they are in compliance with State and Federal regulations.
City of Temecula
There is the potential for death and injury from large-scale motor vehicle accidents. There
is the potential for hazards material spills or fires as numerous commercial transportation
vehicles travel Interstate 15 through the city limits with various quantities and types of
hazardous materials.
There is also the potential for death and injury from large-scale industrial accidents with
the City of Temecula. There are numerous large industrial facilities storing a wide variety
of hazardous chemicals in large quantities. Many of the facilities store enough material to
require their own hazardous materials teams on site. The City of Temecula has large
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volume gas pipe lines through its jurisdiction increasing the chance of a hazardous
materials incident.
County of Riverside
Riverside County is susceptible to a hazardous materials release from transportation
accidents or spills of stored materials. Additional potential hazardous materials spills are
clandestine dumping of toxic or hazardous waste on public or private property. The
significance of the problems to the environment, property, or human health is dependent
on the type, location and quantity of the material released. Storage facilities are less of
a threat than transported materials due to current laws and regulations requiring them to
have contingency and evacuation plans. The fire agency having jurisdiction is
responsible for ensuring compliance of these facilities and maintaining records of stored
quantities of hazardous materials. Additionally, an Emergency Response Plan and
Inventory Program is administered by the Riverside County Department of
Environmental Health. The County's Hazardous Materials Response Release Plan
describes this program in more detail.
The County's location, with its rail and highway transportation routes, and various
industries, has a growing potential for serious hazardous materials incidents. Interstates
10, 15, and 215, and State Routes 60 and 91, are all heavily traveled by trucks. Those
trucks carry a wide variety of hazardous materials including, but not limited to, gasoline,
rocket fuels, pesticides, and radioactive materials. The railroad lines traveling throughout
the County also carry some extremely hazardous cargo. Fortunately, the railroads have
a good safety record with regard to the transportation of hazardous materials. Traffic on
railroads is not as prevalent as on truck routes in Riverside County, but poses a much
greater problem when an accident is involved due to the volumes of hazardous materials
being transported.
Besides the immediate effect of hazardous materials incidents on scene, there are also
ancillary effects such as the impact on waterways and the evacuation of schools,
business districts, and residential areas. All the HazMat response agencies in the county
conduct HazMat exercises through the CHOG group (County Hazardous Operations
Group).
The Environmental Protection and Oversight Division of the Department of Environmental
Health has regulatory control over a number of hazardous materials, land use, and water
systems. The County of Riverside, as well as the Cities of Corona and Riverside have
been certified by the California Environmental Protection Agency as the Certified Unified
Program Agency (CUPA) for implementing a hazardous materials program. The haulers
and users of hazardous materials are listed with the County of Riverside Department of
Environmental Health and are regulated and monitored under the auspices of the County
of Riverside.
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2.4.9 Insect Infestation
Insect infestation occurs when an undesirable type of insect inhabits an area in a manner
that causes serious harm to crops, livestock, poultry, wild land trees, plants, animals, or
humans. Example insects include the Africanized Honey Bee, Bark Beetle, Gold -Spotted
Oak Bore Beetle, Citrus Leafminer, Glassy -winged Sharpshooter, Gypsy Moth, Japanese
Beetle, various Fruit Flies, Red Imported Fire Ant, Nemotode, Tropical Palm Scale, Asian
Citrus Psyllid and Silverleaf Whitefly.
Riverside County has been a part of State disaster proclamation for an insect infestation
in the past 20 years with thousands of trees on hundreds of thousands of acres were
dying after being weakened by drought and attacked by an infestation of insects. Dead
trees over large areas of land can threaten human lives by aiding catastrophic wildfires,
and may cause injury and property damage from falling trees.
Insect infestation can also cause the quarantine of agricultural stock, such as grapes and
citrus to limit the movement of these crops, which requires inspection and certification of
these commodities by the local Agricultural Commissioner prior to movement from the
infested area. Riverside County climate is favorable to agriculture all year also makes it
possible for insects to reproduce with little natural hindrance to their proliferation.
2.4.10 Domestic Security Threats
Domestic security threats encompass terrorism, civil unrest, and correctional facility
incidents. Temecula is home to business and government agencies, transportation
infrastructure, tourist attractions, natural parks/historic sites, and cultural facilities which
are vulnerable to terrorist attack. Terrorism is a continuing threat throughout the world. A
variety of political, social, religious, cultural, and economic factors underlie terrorist
activities. Terrorists typically target civilians to advance their agenda. The media interest
generated by terrorist attacks makes this a high visibility threat.
Domestic Security Threats may cause mass casualties, extensive property damage, fires,
flooding, and other ensuing hazards. Domestic Security Threats takes many forms,
including:
• Active Shooter Event
• Chemical
• Cyber -terrorism
• Biological
• Radiological
• Nuclear
• Explosive
An Active Shooter is an individual actively engaged in killing or attempting to kill people
in a confined and populated area; in most cases, active shooters use firearms(s) and
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there is no pattern or method to their selection of victims. Active shooter situations are
unpredictable and evolve quickly. Typically, the immediate deployment of law
enforcement is required to stop the shooting and mitigate harm to victims.
A chemical attack would appear far more likely than either the use of nuclear or biological
materials, largely due to the availability of many of the necessary precursor substances
needed to construct chemical weapons.
Cyber -terrorism is the use of computer network tools to shut down critical government
infrastructures such as energy, transportation, and government operations, or to coerce
or intimidate a government or civilian population. The premise of cyber terrorism is that
as nations and critical infrastructure became more dependent on computer networks for
their operation, new vulnerabilities are created. A form of cyber -terrorism can be carried
out by computer viruses and worms.
Biological agents are infectious agent such as a bacteria or virus used to produce illness
or death in people, animals, or plants and are extremely difficult to detect.
Radioactive materials could be put in a bomb to spread radiation to cause long lasting
health issues and contaminate the target for a long period of time. Although the explosive
device is easily recognized, radiation cannot be detected by human senses. There is the
possibility that a terrorist organization may acquire the capability to create and detonate
a nuclear bomb which would produce fallout affecting an area many times greater than
that of the blast itself. This act would cause extreme devastation, long term health effects,
and contamination of the blast area, as well as potential radiation in the water and food
sources.
Explosive devices account for 86% of Domestic Terrorist incidents and 50% of worldwide
terrorist attacks. Most conventional explosives are in the form of package bombs, car or
truck bombs, suicide bombers, and backpack type bombs with electronic detonators,
which are placed within the public setting to ensure mass casualties. Use of explosive
devices remains the weapon of choice for terrorist activity. Incidents generating significant
mass casualties make preparedness and the mechanisms for effective response
essential.
Related activities include bomb threats which disrupt the normal operations of transit
systems, government or corporate facilities. Primary locations likely to be targets include
airports, mass transit targets, government facilities, and high population density locations,
although so-called soft targets such as schools, local entertainment facilities, sporting
events, and concerts are also targets.
These types of emergencies would necessitate detailed contingency planning and
preparation of emergency responders to protect their communities. The California State
Terrorism Response Plan outlines the authorities and procedures for dealing with a
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terrorist incident in California. The Federal Bureau of Investigation is designated as the
lead federal agency for all terrorist activities within the United States. The FBI coordinates
this activity with local law enforcement within the Riverside County OA through the Joint
Regional Intelligence Center. The Riverside County Terrorism Response Plan aligns with
and supports the State Terrorism Plan. The Riverside County Sheriff's Department
supports the prevention and detection of terrorist activities through the Criminal
Intelligence Unit. The Criminal Intelligence Unit has members assigned to the Riverside
County Joint Terrorism Task Force.
Civil Unrest
Civil Unrest disrupts community affairs and threaten the public safety. Civil Unrest
includes riots, mob violence, and any unlawful demonstration resulting in police
intervention and arrests. Civil Unrest is generally associated with controversial political,
judicial, and/or economic issues and events.
During a Civil Unrest incident that affects Riverside County, there are certain critical
facilities within the County that may be more at risk than others. These critical facilities
include venues for musical concerts and sporting events, facilities where legal and illegal
demonstrations are held, and any other facilities with events that attract large numbers of
people. All of these situations create significant traffic congestion and the potential for
disruptive behavior. The overall risk of civil unrest in Riverside County may lead to fire,
destruction of property, disruption of utilities power, injury to persons, and even loss of
life.
Jails and Prison Incidents
There are numerous State of California Correctional Institutions and County correctional
facilities in Riverside County. Law enforcement is tasked with maintaining order in the
facilities and preventing inmates from escaping into the community.
There are numerous jail, detention, incarceration (adult & juvenile), and holding cell
facilities in Riverside County. Some of the larger facilities include:
• Bautista Conservation Camp, Hemet
• California Rehabilitation Center, Norco
• Chuckawalla Valley State Prison, Blythe
• East County Detention Center, Indio
• Indio Juvenile Hall
• Ironwood State Prison, Blythe
• Larry D. Smith Correctional Facility, Banning
• Riverside Juvenile Hall
• Robert Presley Detention Center, Riverside
• Southwest Detention Center, Murrieta
• Southwest Juvenile Hall, Murrieta
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Even though the following facilities are located in the County of San Bernardino, their
proximity to Riverside County may impact the Riverside OA:
• California Institution for Men, Chino
• California Institution for Women, Chino
• Heman J. Stark Youth Correctional Facility, Chino
• Oak Glen Conservation Camp, Yucaipa
Assembly Bill 109 (2011) has shifted state prison populations back into the county jail
populations as a way to stop state prison overcrowding.
2.4.11 Nuclear Incidents
Radioactive materials are routinely transported in California, whether the materials are
for medical or industrial use, as well as wastes that have radioactive components. Many
of the radioactive waste shipments come from research and cleanup efforts at national
laboratories. Due to strict regulation of nuclear power plants in the United States,
significant nuclear power incidents that can cause harm to the public have a low
probability of occurrence, and none have occurred in California.
Planning includes an incident involving the San Onofre Nuclear Generating Station
(SONGS), which has been shut down since January 2012, after a small radiation leak led
to the discovery of unusual damage to hundreds of tubes that carry radioactive water. The
plant is shutting down permanently due to problems with steam generators that were
installed during an overhaul in 2010, after tests found some generator tubes were badly
eroded and could possibly fail and release radiation into the air. Even though the plant
may not be operating there may still be a threat due to the presence of the nuclear
material in the decommissioning process, which will take up to 60 years to complete.
The possibility exists that a terrorist organization could acquire the capability of creating
a small nuclear weapon. A single nuclear detonation in the United States would likely
produce fallout affecting an area many times greater than that of the blast itself. A more
likely scenario is the possibility that a terrorist will construct a dirty bomb to distribute
radiological contaminated materials, which would have less of an effect than a nuclear
bomb, but create a great terror effect on the population. A nuclear incident could also be
initiated by a transportation emergency, either accidentally or intentionally.
Effects of a nuclear incident could include contaminated water, air, and soil. In the event
of a release of radiological materials, whether accidental or intentional, a comprehensive
health risk assessment will be conducted and a report of the conclusions for the risk to
the general population inside and outside of the affected area. The health risks will be
related to an increase in risk for specific cancers for certain subsets of the population and
for the people in the most contaminated locations.
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Preliminary dose -estimation reports will be developed, typically by the World Health
Organization and the United Nations Scientific Committee on the Effects of Atomic
Radiation, to indicate whether future health effects due to the radiological exposure may
be statistically detectable. Future studies would be conducted to determine if radioactive
iodine-131, exceeding safety limits, was detected at key infrastructure providers, such as
water plants, to determine the ability to control the spread of radioactive material into the
nation's food sources.
2.4.12 Toxic Pollution
Exposure to toxic pollution can occur by breathing contaminated air, eating contaminated
food products, drinking water contaminated by toxic pollutants, or touching and ingesting
contaminated soil. Young children are especially vulnerable because they often ingest
objects they place in their mouths or residue from items they have touched.
The County of Riverside General Plan, Air Quality Element addresses toxic pollution. The
South Coast Air Quality Management District (AQMD) is the air pollution control agency
for all of Orange County and the urban portions of Los Angeles, Riverside and San
Bernardino counties, which is the region in the U.S. with the most smog. AQMD is
committed to protecting the health of residents, while remaining sensitive to the needs of
businesses within the region.
2.4.13 Pipeline and Aqueduct Incidents
Pipeline distribution systems transverse Riverside County including water, natural gas,
and petroleum products which is common throughout the United States. Increased
urbanization is resulting in more people living and working closer to existing gas
transmission pipelines that were placed prior to current land use and modern pipeline
safety regulations.
Pipe failure can result in loss of life, injury, property damage, and environmental impacts.
Causes of and contributors to pipeline failures include construction errors, material
defects, internal and external corrosion, operational errors, control system malfunctions,
outside force damage, subsidence, and seismic activity. While the degree of damage
county -wide for a given rupture may be minimal, there may be significant loss of life and
property in the immediate area of the incident, depending on what kind of pipe ruptures
and where the rupture occurs.
A major pipeline carrying natural gas parallels Interstate 10 and Highway 60 throughout
the County. This pipeline brings gas into Southern California. Petroleum products are
stored and distributed at many major areas throughout the County.
Major water conveyance systems consist of the Colorado River Aqueduct operated by
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Metropolitan Water District (MWD) of Southern California, the California Aqueduct
operated by the State Department of Water Resources (DWR), and water distribution
pipelines operated by MWD.
2.5 Planning Assumptions
This plan has been developed on the basis of several general assumptions as follows:
• SEMS requires the County Board of Supervisors to establish an OA to include
all political subdivisions in the geographic area of the county which consists of
the County, Cities, Special Districts, and School Districts. The OA is an
intermediate level of the State emergency organization and provides
coordination between and communication with the political subdivisions and
the State;
• Riverside County government is an OA Member and a separate entity from the
Operational Area. Although Riverside County personnel conduct the operations
of the Operational Area, the roles and responsibilities of those individuals may
be different whether they are acting under the auspices of the OA or Riverside
County. For the sake of emergency planning and coordination at the OA
Member -level, OA Members may consider the OA and County/OA EOCs as
one in the same;
• All OA agencies have developed their emergency plans and/or operating
procedures in accordance with this plan and have trained appropriate staff in
their contents and use;
• All OA Members and political subdivisions of Riverside County will utilize SEMS
and NIMS, as identified in this plan, during response and recovery operations;
• The resources of OA members within Riverside County will be made available
to all OA Members to help mitigate the effects of disasters and emergencies in
the area;
• Mutual Aid Agreements and Systems exist to support emergency response
agencies of the OA. OA Members must exhaust their capabilities before
requesting mutual aid assistance;
• The OA will commit the resources of OA Members to a reasonable degree
before requesting mutual aid assistance from the regional or state levels.
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Section 3.0 Concept of Operations
3.1 Phases of Emergency Management
Emergency management activities during peacetime and national security emergencies
are often associated with the four federal
emergency management phases indicated
below, however, not every disaster
necessarily includes all indicated phases. All
departments of the City of Temecula have
responsibilities in all of the emergency
phases.
3.1.1 Mitigation Phase
Mitigation efforts occur both before and
following disaster events. Post -disaster
mitigation is part of the recovery process.
Eliminating or reducing the impact of hazards
which exist within the county and are a threat
to life and property are part of the mitigation efforts. Hazard mitigation includes:
Mitigation
Phase
Response
Phase
Recovery
Phase
Local
ordinances
and statutes
Structural Tax levies or
measures abatements
Public
information
and
community
relations
Land use Professional
planning training
3.1.2 Preparedness Phase
The preparedness phase involves activities that are undertaken in advance of an
emergency or disaster to develop operational capabilities and effective responses to a
disaster including:
• Mitigation activities
• Emergency/disaster planning
• Training and exercises
• Public education on preparedness
For disasters with some warning INCREASED READINESS actions to be accomplished
include, but are not necessarily limited to the activities listed below:
Increased Readiness between Warning and Disaster
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Review and
update
emergency
plans,
SOPs/EDPs
and
resources
lists
Public
awareness
outreach
and
education
programs
Inspect
critical
facilities
Recruit
additional
staff
Mobilize
resources
Test
alert and
warning
systems
Disaster plans are reviewed to guide disaster response and increase available resources.
Planning activities include developing hazard analyses, training response personnel, and
improving public information and communications systems. Public awareness and
education create resiliency from the bottom up so our communities are less likely to need
help if they can sustain themselves. Critical facilities undergo last minute preparations,
additional staff and resources are brought in, and warning systems are utilized both to
test and to let staff know what efforts are occurring.
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3.1.2.1 Management Watch
Management Watch
• Severe Weather Watches & Warnings
❖ Flood Watches & Warnings
❖ Red flag Events
• Unusual events or Incidents that exhibit the potential escalate
During an incident that could adversely impact Riverside County and require a level of
response not normally associated with day-to-day operations, a Management Watch may
be implemented. The Management Watch requires pre -designated officials to be
notified, who will collect and analyze situation information, and refer other matters to the
appropriate level for executive decision. County of Riverside Emergency Management
Department will monitor current events and notify the CEO that Management Watch is
being initiated. At the discretion of the EOC Director, or designee, the following activities
may be taken:
• Recall County/OA EOC staff to the office as necessary for the situation
• Make necessary preparations to activate the County/OA EOC
• Establish communications with key County officials to assess the situation
• Establish communications with appropriate Riverside County OA partners, such as
cities, Special Districts, schools, and/or Tribal Governments
• Coordinate emergency public information with the appropriate PIO
• Anticipate EOC logistical needs, e.g., food, lodging, supplies, etc.
Management Watch Activation Triggers
When intense
natural
phenomenon
exists or is
forecasted and
precautions or
protective
measures are
needed
When an
incident is
causing distress
or serious
damage but
not to the level
of emergency
proclamation
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3.1.2.2 Universal Press Release Template
The following template can be used in the event of a major disaster or incident. With fires
and flooding being the main concern in the City of Temecula, this template will favor these
sorts of events.
City of Temecula Press Release/Public Notification Template
"Temecula, CA (date) - Officials from (Origin Location) are investigating an
incident that occurred at approximately (Time, day). As of now, the details regarding the
incident are unclear. However, what we do know is... (Two to Three Sentences describing
what happened, the current steps being taken to handle the incident, and any long term
notifications the public may need to know.) The situation is currently (under or not under)
control but all authorities and agencies are working together to (contain the incident,
determine how the incident happened, what steps can be taken to prevent the incident
from happening again.) The City of Temecula, (official's name), expressed his/her
concern in saying, `(fill area with concerns made by the official)'.
Actions being taken to control the scene and maintain the protection of life and
perseverance of property include: (List steps being taken actively).
After a moment of (shock/grief/sadness), the local community has already demonstrated
its willingness to help in any way possible. Authorities would like to thank the local
community for coming together in this time of crisis and encourage those who want to
show their support by contacting (TBD).
(Optional) (Provide a statement from an official directly involved with the decision making
process of the incident)
(Name of PIO or spokesperson) has been assigned to work with the news media to inform
the public with any new verified information as soon as possible. Information will also be
posted at (enter website here if any). Anyone with concerns related to this incident is
encouraged to consult (website listed above if applicable)."
3.1.3 Response Phase
The emergency response phase can be further broken down into:
• Pre -Emergency
• Emergency
• Sustained Emergency
Pre -Emergency Response — When a disaster is inevitable, actions are precautionary
and emphasize protection of life. Typical responses might be:
• Evacuation of threatened populations to safe areas
• Alerting populations and apprising them of safety measures to be implemented
• Notifying your organization leadership and partners
• Identifying and requesting mutual aid
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• Requesting an emergency proclamation by local authorities
Emergency Response — During this phase, emphasis is placed on saving lives and
property, controlling the situation, and minimizing the effects of the disaster. Immediate
response is accomplished by the City of Temecula through timely and effective
deployment. One of the following conditions will apply during this phase:
• Situation can be controlled by our staff
• Actions to minimize threats (evacuation for example)
• Outside help is required
• The City of Temecula can provide aid locally or throughout the Operational Area
The City of Temecula will give priority to the following operations:
• Dissemination of accurate and timely emergency alert and warning to the public
• Situation analysis
• Resource allocation and control
• Evacuation and rescue operations
• Medical care operations
• Mass Care: reception, feeding, and shelter operations
• Access and perimeter control
• Public health operations
• Restoration of vital services and utilities
• Multi -agency coordination
• Prioritization of resource allocations
When local resources are overwhelmed and additional resources are required, requests
for mutual aid will be initiated through the County of Riverside Emergency Management
Department Duty Officer OR the Riverside OA EOC (if activated). Fire and law
enforcement agencies will request mutual aid directly through established mutual aid
agreements. If required, the State of California, Governor's Office of Emergency Services
(Cal OES) may be requested by Riverside County to coordinate where resources and
supplies can be received, stockpiled, allocated, and dispatched to support operations in
affected areas.
Depending on the severity of the emergency, the Riverside OA EOC may be activated to
coordinate emergency activities for jurisdictions within the Riverside OA. An emergency
may be proclaimed at city and/or county levels. Cal OES may request a gubernatorial
proclamation of a State of Emergency. Should a State of Emergency be proclaimed, state
agencies will, to the extent possible, respond to requests for assistance. These activities
will be coordinated with Cal OES, who may also activate the State Operations Center
(SOC) in Sacramento to support regions within the state, state agencies, and other
entities in the affected areas, and to ensure the effectiveness of the state's emergency
response. The State Southern Regional EOC (REOC) in Los Alamitos will support the
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Riverside OA EOC. If the Governor requests and receives a Presidential Declaration of
an Emergency, or a Major Disaster under Public Law 93-288, he will appoint a State
Coordinating Officer (SCO). Federal and State coordinating officers use the options in the
strategic plan to make decisions regarding priorities and resources for recovery
operations and to coordinate with other State and Federal agencies to leverage available
resources and funding.
In the event the Southern REOC is overwhelmed or inoperable, the State and Federal
governments form a Unified Coordination Group to consolidate incident -related
operational elements of the REOC, SOC, and Incident Management Assistance Team
(IMAT) at the Joint Field Office (JFO). Forming the Unified Coordination Group is a
decisive concept of operations task that is aimed at achieving effective incident
management. The Unified Coordination Group does not assume responsibility for field -
level Incident Command activities but provides a structure for the command, control, and
coordination of State and Federal resources not yet delivered to the Operational Areas,
field -level Incident Command, or end users.
Sustained Emergency— In addition to continuing life and property protection operations,
mass care, relocation, registration of displaced persons, and damage assessment
operations will be initiated.
3.1.4 Recovery Phase
Recovery operations address
the procedures for accessing
Federal and state programs
available for individual,
business, and public
assistance following a
disaster. This phase also
continues long after the
disaster is over with the
purpose of getting the
community back to normal,
recovering disaster response
funding, and learning from the
response to prepare and
mitigate for future responses.
After
Action
Reporting
Demobilize
Operations
Restore
Utilities
Recovery
Determine
Costs for
Response /
Recovery
Apply for
Assistance
Programs
Identify
Residual
Hazards
Conduct
Hazard
Mitigation
Analyses
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3.2 Presidential Policy Directive 8 - the National Preparedness Goal
The Presidential Policy Directive 8 (September 2011) directed creation of the National
Preparedness Goal by stating:
"I hereby direct the development of a national preparedness goal that
identifies the core capabilities necessary for preparedness and a national
preparedness system to guide activities that will enable the Nation to
achieve the goal. The system will allow the Nation to track the progress of
our ability to build and improve the capabilities necessary to prevent, protect
against, mitigate the effects of, respond to, and recover from those threats
that pose the greatest risk to the security of the Nation."
The National Preparedness Goal which was published in 2011 and again in 2015 is:
"A secure and resilient nation with the capabilities required across the whole
community to prevent, protect against, mitigate, respond to, and recover
from the threats and hazards that pose the greatest risk."
The National Preparedness Goal is meant to strengthen the security and resilience of the
United States preparing for threats with the greatest risk to the Nation such as terrorism,
cyber -attacks, pandemics, and catastrophic natural disasters. National preparedness is a
shared responsibility between governments, the private and nonprofit sectors, and
individual citizens. Key elements of the National Preparedness Goal include:
• 5 Mission Areas (prevention, protection, mitigation, response, recovery)
• 32 Core Capabilities
• Strategic National Risk Assessment Scenarios
• Concept of the "whole community"
3.3 National Incident Management System (NIMS)
Homeland Security Presidential Directive -5 (HSPD-5) established the National Incident
Management System (NIMS), integrating best practices into a consistent, flexible and
adjustable nationwide approach for emergency management. Using NIMS, Federal,
State, local and tribal governments, and private sector and non-governmental
organizations work together to prepare for, respond to, and recover from domestic
incidents, regardless of cause, size or complexity. Federal and State government
agencies are required to use NIMS, while local government agencies and special districts
must use NIMS in order to be eligible for federal funding for emergency and disaster
preparedness activities.
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3.4 Standardized Emergency Management System (SEMS)
SEMS is required by the California Emergency Services Act (Government Code Section
8607(a)) for managing multiagency and multijurisdictional responses to emergencies in
California. The system unifies all elements of California's emergency management
community into a single integrated system and standardizes key elements. SEMS
incorporates the use of the Incident Command System, California Disaster and Civil
Defense Master Mutual Aid Agreement, the Operational Area concept and multiagency
or inter -agency coordination. State agencies are required to use SEMS and local
government entities must use SEMS in order to be eligible for any reimbursement of
response -related costs under the state's disaster assistance programs.
What sets SEMS apart from ICS is that ICS applies to field operations and SEMS
originated at the state level where coordinating multi -agency resources and working
together in a coordinated effort for sharing of critical resources and the prioritization of
incidents. Unified command is what allows multiple agencies with responsibility for an
incident, either geographical or functional, to manage an incident by establishing a
common set of incident objectives and strategies. This is accomplished without losing or
abdicating agency authority, autonomy, responsibility, or accountability.
3.5 Incident Command System (ICS)
The Incident Command System (ICS) is a standardized, on -scene, all -hazards incident
management approach that:
• Allows for the integration of facilities, equipment, personnel, procedures, and
communications operating within a common organizational structure
• Enables a coordinated response among various jurisdictions and functional
agencies, both public and private
• Establishes common processes for planning and managing resources
ICS is used by all levels of government—Federal, State, tribal, and local—as well as by
many nongovernmental organizations and the private sector. ICS is also applicable
across disciplines. It is structured to facilitate activities in five major functional areas:
Command, Operations, Planning/Intelligence, Logistics, and Finance/Administration. All
of the functional areas may or may not be used depending on the needs of the incident.
3.6 SEMS Organizational Levels
Fully activated, SEMS consists of five organizational levels: field response, local
government, operational areas, Cal OES Mutual Aid Regions, and State government.
3.6.1 Field Response Level
The field response level is where emergency response personnel and resources, under
the command of an appropriate authority, carry out tactical decisions and activities in
direct response to an incident or threat. The County of Riverside Sheriff's Department,
County of Riverside Emergency Management Department, and police and fire
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departments of the incorporated cities within the OA, serve at the field response level.
SEMS regulations require the use of ICS at the field level of a multi -agency or multi -
jurisdictional incident. There are five major management functions in ICS:
Command
Operations
r
Planning /
Intelligence
Logistics
Finance /
Administration
Requests for any resources or support that cannot be filled at the field level are requested
through a Department Operations Center (DOC) or the City EOC and/or the County/OA
EOC.
3.6.2 Local Government Level
A local government is one of the five levels of SEMS. The basic role of a local government
is to manage and coordinate the overall emergency response and recovery activities
within its jurisdiction. A local government under SEMS is defined as a city, county, city
and county, school district, or special district.
The County of Riverside Emergency Management Department, has the lead
responsibility for SEMS planning within the County of Riverside organization. This
involves:
• Communicating information within Riverside County on SEMS requirements and
guidelines
• Coordinating SEMS development among departments and agencies
• Identification of all departments and agencies involved in field level response
• Identification of departments and agencies with DOCs
• Coordinating with other local governments, the operational area and volunteer and private
agencies on development of SEMS
• Ensuring SEMS is incorporated into Riverside County Emergency Operations Plan and
procedures
• Ensuring SEMS is incorporated into Riverside County emergency ordinances,
agreements, memorandum of understandings, etc.
• Identification of special districts that operate or provide services within the boundaries of
Riverside County. The emergency role of these special districts should be determined
and provisions made for coordination during emergencies
• Identification of local volunteer and private agencies that have an emergency response
role. Contacts should be made to develop arrangements for coordination in emergencies
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3.6.3 Operational Area Level
The operational area is defined in the Emergency Services Act as an intermediate level
of the state's emergency services organization consisting of a county and all political
subdivisions within the county area. Political subdivisions include cities and special
districts. There are 58 Operational Areas within the State representing each geographic
county. The Riverside Operational Area has an agreement in place that defines roles and
responsibilities, as well as jurisdictional authority in an emergency. The Riverside OA is
comprised of all local government agencies within the boundaries of Riverside County,
which includes all County of Riverside departments and agencies, all incorporated cities,
Tribal Governments, and numerous school districts and special districts.
The operational area is responsible for:
• Managing and coordinating information, resources and priorities among local
governments within the Riverside OA
• Serving as the coordination and communication link between the local
governments within the operational area and the regional level
• Using multi -agency or inter -agency coordination to facilitate decisions for overall
operational area level emergency response activities
The County of Riverside Emergency Management Department is the lead agency for the
Riverside OA. All local, state and federal governments should cooperate in organizing an
effective operational area, but the operational area authority and responsibility is not
affected by the nonparticipation of any local government.
Activation of the OA EOC during a State of Emergency or a Local Emergency is required
by SEMS regulations under the following conditions:
• A local government within the operational area has activated its EOC and
requested activation of the OA EOC to support their emergency operations
• Two or more cities within the operational area have proclaimed a local emergency
• The county and one or more cities have proclaimed a local emergency
• A city, city and county, or county has requested a governor's proclamation of a
state of emergency, as defined in the Government Code Section 8558(b)
• A state of emergency is proclaimed by the governor for the county or two or more
cities within the operational area
• The OA is requesting resources from outside its boundaries. This does not include
resources used in normal day-to-day operations that are obtained through existing
mutual aid agreements
• The OA has received resource requests from outside its boundaries. This does not
include resources used in normal day-to-day operations which are obtained
through existing mutual aid agreements.
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Riverside County Operational Area is responsible for coordinating with local governments
and the field response level, and for providing mutual aid within their capabilities.
Riverside County will comply with SEMS regulations in order to be eligible for state
funding of response -related personnel costs and will:
• Use SEMS when a local emergency is declared or proclaimed, or the local
government EOC is activated
• Establish coordination and communications with Incident Commander(s) either
through DOCs to the EOC or directly to the EOC
• Use existing mutual aid systems for coordinating fire and law enforcement
resources;
• Establish coordination and communications between City and Special District
EOCs when activated, the Riverside OA EOC, and any state or local emergency
response agency having jurisdiction at an incident within the county's boundaries
• Use multi -agency or inter -agency coordination to facilitate decisions for overall
local government level emergency response activities
Operational Area Planning Committee
The County of Riverside Emergency Services Ordinance 533, Section 2.1, establishes
the Operational Area Planning Committee (OAPC) by the Board of Supervisors. The
OAPC has the responsibility to oversee the emergency management activities of the
Riverside OA. Membership in the committee consists of representatives from certain
designated county departments, all cities within Riverside County, and all special districts
who have signed the OA Agreement. The OAPC has a set of by-laws governing
membership, voting, and grant review and funding policies.
3.6.4 Regional Level
The regional level manages and coordinates information and resources among
operational areas. Cal OES has divided California into three Administrative Regions —
Inland, Coastal and Southern — which are further divided into six mutual aid regions.
Riverside County is in the Southern Administrative Region, and in Mutual Aid Region VI,
which includes the counties of San Diego, Imperial, Riverside, San Bernardino, Inyo and
Riverside. Region VI is managed through the Regional Emergency Operations Center
(REOC) at the Cal OES Southern Region Office, 4671 Liberty Avenue, Building 283, Los
Alamitos, CA. The REOC is managed and staffed by Cal OES personnel.
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Cal OES Mutual Aid and Administrative Regions
Mutual Aid
Regions
Administrative
Regions
. Inland
Coastal
Southern
•
f t
3.6.5 State Level
In response to the emergency needs and requests from local governments and
operational areas, the state level manages state resources and coordinates mutual aid
among the mutual aid regions and between the regional and state levels. The state level
also serves as the coordination and communication link between the state and the federal
disaster response system. The State Cal OES office is located at 3650 Schriever Avenue,
Mather, CA 95655.
3.6.6 Federal Level
The Department of Homeland Security has designated the Federal Emergency
Management Agency (FEMA) to serve as the main federal government contact during
disasters and national security emergencies. In a disaster, different federal agencies may
be involved in the response and recovery operations. Federal disaster assistance is
organized under the concept of Emergency Support Functions as defined in the National
Response Framework. All contact with FEMA and other federal agencies is made
through the Operational Areas to the State during the response phase. During the
recovery phase, cities, or special district may have direct contact with FEMA and other
federal agencies. The FEMA Region IX Office is located at 1111 Broadway, Suite 1200
Oakland, CA 94607.
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3.7 SEMS Organization
SEMS regulations require local governments to provide for the five management
functions as the basis for structuring the EOC organization:
Management: Responsible for overall emergency policy and coordination through the
joint efforts of governmental agencies and private organizations.
Operations: Responsible for coordinating all jurisdictional operations in support of the
emergency response through implementation of the local government's EOC Action Plan.
Planning/Intelligence: Responsible for collecting, evaluating, and disseminating
information; developing the EOC Action Plan and After -Action Report; and maintaining
documentation.
Logistics: Responsible for providing facilities, services, personnel, equipment, and
materials.
Finance/Administration: Responsible for financial activities and other administrative
aspects.
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3.7.1 EOC Activation Levels
The following tables represent example incidents of increasing severity that may lead to
an OA EOC activation. There are many other types of incidents that could also require
activation of the EOC.
Activation Level
Conditions/Definitions
Level 1
Catastrophic disaster, which requires
comprehensive state -level response and
assistance
• Major event
• Multiple sites
• Regional disaster
• Multiple agencies involved
• Extensive evacuations
• Resource support required
Level 2
Large-scale disaster, requiring a high amount of
state involvement
• Moderate event
• Two or more sites
• Several agencies involved
• Major scheduled event (e.g.,
conference or sporting
event)
• Limited evacuations
• Resource support required
Level 3
Small to Moderate Disaster/Pre-Planned Event
• Small incident or event
• One site
• Two or more agencies involved
• Potential threat of flood, severe
storm, interface fire, Escalating
incident
Normal
Operations/Monitoring
• Duty Officer Status
• Steady-state operations
• Warning Center maintains situational
awareness
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3.8 Field Level Interface with the EOC
The concepts, principles and organizational structure of the ICS will be used in managing
field operations. The size, complexity, hazard environment, and objectives of the situation
will determine the ICS organizational size and the support that will be required to support
field activities. The incident will be managed by objectives and those objectives are
developed through the use of the action planning process.
Typically, an Incident Commander (IC) will communicate with the City EOC, either via the
DOC or directly, as to the situation and resource status. Members of the IC Command
and General Staff will communicate with their counterparts in the EOC using the same
communications methods. Some members of the EOC Command or General Staff may
be asked to attend briefings or planning meetings at an Incident Command Post.
3.8.1 Field/EOC Communications and Coordination
Typically, field to EOC communications will occur at the Command and General Staff
levels or, if they are established, field units will communicate with a Department
Operations Center (DOC) who will, in turn, relay the information to the appropriate
section/function in the Riverside OA EOC.
The County/OA EOC will communicate situation and resource status information to the
Southern REOC via appropriate means.
3.8.2 Field/EOC Direction and Control Interface
The Director of Emergency Services, or designee, will establish jurisdictional objectives
and priorities and communicate those to everyone in the organization through the EOC
Action Plan. The EOC Action Plan does not direct or control field units but supports their
activities. Incident Commander(s) will ensure incident objectives and priorities are
consistent with those policies and guidelines established at the county level by the
Director of Emergency Services, or designee.
It is the responsibility of Incident Commanders to communicate critical information to the
Director of Emergency Services, or designee, in a timely manner.
3.8.3 Field/EOC Coordination with Department Operations Centers (DOCS)
If a department within the County establishes a DOC to coordinate and support their
departmental field activities, its location, time of establishment and staffing information
will be communicated to the Riverside OA EOC. All communications with the field units
of that department will be directed to the DOC who will then relay situation and resource
information to the Riverside OA EOC. DOCs act as an intermediate communications and
coordination link between field units and the Riverside OA EOC.
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3.9 EOC Action Plans
At local, operational area, regional and state levels, the use of EOC action plans provide
designated personnel with knowledge of the objectives to be achieved and the steps
required for achievement. Action plans not only provide direction, but they also serve to
provide a basis for measuring achievement of objectives and overall system performance.
Action planning is an important management tool that involves:
• A process for identifying priorities and objectives for response or recovery efforts
Documentation of the priorities, objectives, tasks, and personnel assignments
The action planning process should involve the Management Staff and General Staff
along with other EOC elements, special district representatives, and other agency
representatives as appropriate. The Planning/Intelligence Section is normally responsible
for development of the action plan and for facilitation of action planning meetings.
Action plans are developed for a specified operational period that may range from a few
hours to 24 hours. The operational period is determined by first establishing a set of
priority actions that need to be performed. A reasonable time frame is then established
for accomplishing those actions. The action plans need not be complex, but should be
sufficiently detailed to guide EOC elements in implementing the priority actions.
3.10 After Action/Corrective Action Reports
SEMS makes it a requirement to complete and transmit an after action report to Cal OES
within 90 days of the close of the incident period.
The Emergency Services Act, Section 8607 (f) mandates that the County in cooperation
with involved state and local agencies complete an after action report within 120 days
after each declared disaster.
An After Action/Corrective Action Report serves the following important functions:
• Provides a source for documenting response and early recovery activities
• Identifies problems and successes during emergency operations
• Analyzes the effectiveness of the different components of SEMS
• Plans corrective action for implementing recommended improvements to existing
emergency response efforts
If the incident effects the region, The County of Riverside Emergency Management
Department will be responsible for the development of the After Action Report(AAR) with
input from other departments as needed. If the Incident is local and stays within the City's
capacities, The City of Temecula Emergency Management Department will develop an
AAR to meet the requirements under CaIOES and FEMA
3.11 Coordination with Emergency Response Levels
3.11.1 Coordination with Field Response Level
Coordination among SEMS levels is clearly necessary for effective emergency response.
In a major emergency, Riverside OA EOC may be activated to coordinate the overall
response while the ICS is used by field responders. Incident Commanders may report
pertinent information to DOCs, which in turn will report and coordinate with the EOC.
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When the Riverside OA EOC is directly supporting Incident Command teams, the EOC is
operating in a centralized coordination and support mode.
3.11.2 Coordination within the Riverside Operational Area
Coordination and communications should be established between activated local
government EOCs and the OA. The communications link may be through the radio
system, telephone, fax, email, or amateur radio to ensure notifications, information
sharing, and reporting are completed.
3.11.3 Coordination with Special Districts
A special district may serve several communities and county unincorporated areas. Some
special districts serve multiple jurisdictions. In an emergency situation, the special district
may wish to provide a liaison representative to the Riverside OA EOC to facilitate
coordination and communication with the various entities it serves, through appropriate
mode of communications.
3.11.4 Coordination with Volunteer and Private Sector Agencies
Riverside OA EOC will establish communication with private and volunteer agencies that
assist the county during emergencies, e.g., American Red Cross, Volunteers Active in
Disasters (VOAD), faith based organizations, and community-based organizations.
These agencies may assign a representative to the Riverside OA EOC as an Agency
Representative. Some agencies may have several personnel participating in functional
elements in the Riverside OA EOC, e.g., Red Cross personnel may be part of the staffing
for the Care and Shelter Unit of the Riverside OA EOC.
Agencies that have countywide response roles and cannot respond to numerous city
EOC's should be represented within the Riverside OA EOC. Coordination with volunteer
and private agencies that do not have representatives at an EOC may be accomplished
through telecommunications, liaison with community councils that represent several
agencies, or involvement of agencies in special multi -agency groups on specific issues.
3.12 Statewide Emergency Management
Governments at all levels must work together effectively, along with the private sector,
business and industry, community based organizations and volunteers, to meet the
challenges posed by a disaster.
All resources available within the State that may be applied in disaster response and
recovery phases, together with the private sector, are collectively referred to as the
California Emergency Organization. During a state of war emergency, a state of
emergency, or a local emergency, Cal OES will coordinate the emergency activities of all
State agencies (California Emergency Services Act, §8587).
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of 1E4,
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Emergency mutual aid response and recovery activities are generally conducted at the
request and under the direction of the affected local government. Some emergency
responses are led by designated State agencies that will be assigned authority at those
emergencies or disasters.
Resource requests for response and recovery originate
at the lowest level of government and are progressively
forwarded to the next level until filled. When support
requirements cannot be met with State resources, the
State may request assistance from federal agencies
having statutory authority to provide assistance in the
absence of presidential declarations. The State may also
request a Presidential Declaration of an Emergency or
Major Disaster under the provisions of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,
Public Law 93288 as amended.
3.12.1 California Master Mutual Aid Agreement
California's emergency assistance is based on a
statewide mutual aid system designed to ensure that
additional resources are provided to the state's political
subdivisions whenever their own resources are
overwhelmed or inadequate. The basis for this system is
the California Disaster and Civil Defense Master Mutual
Aid Agreement, which is entered into by local
governments and the State of California. The various
departments and agencies within the political
subdivisions, municipal corporations, and public
agencies agree to assist each other by providing
resources during an emergency. The agreement
obligates each signatory entity to provide aid to each
other during an emergency without expectation of
reimbursement. Under specific conditions, federal, and state monies may be appropriated
to reimburse public agencies who aid other jurisdictions. If other agreements,
memoranda, and contracts are used to provide assistance for consideration, the terms of
those documents may affect disaster assistance eligibility and local entities may only be
reimbursed if funds are available. This plan promotes the establishment of emergency
assistance agreements between public and private sector agencies at all levels.
Regional EOC
OA EOC
Local EOC's
3.12.2 Emergency Management Assistance Compact (EMAC)
California is a signatory to the interstate EMAC; a congressionally ratified organization
that provides form, structure, and procedures for rendering emergency assistance
between states. Once the governor has declared a state of emergency, Cal OES will
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assess the needs for the emergency incident. California can then request resources
through the EMAC network for assistance provided by other states in the nation. The use
of EMAC resolves two of the key issues regarding mutual aid, liability and reimbursement,
so that a disaster impacted state can request and receive assistance from other member
states quickly and efficiently.
3.12.3 Mutual Aid System
The statewide mutual aid system, operating within the framework of the Master Mutual
Aid Agreement, allows for the progressive mobilization of resources to and from
emergency response agencies, local governments, operational areas, regions, and state
with the intent to provide requesting agencies with adequate resources.
The statewide mutual aid system includes several discipline -specific mutual aid systems,
such as fire and rescue, law, medical, and public works. The adoption of SEMS and NIMS
does not alter these existing systems, but enhances the facilitation of mutual aid through
the local government, operational area, regional, and state levels.
Within California, there are several discipline specific mutual aid plans that work in
conjunction with the Master Mutual Aid Agreement. These plans derive their authority
from the California Emergency Services Act and from the California Disaster and Civil
Defense Master Mutual Aid Agreement.
3.12.4 Mutual Aid Coordinators
To facilitate mutual aid, discipline -specific mutual aid systems work through designated
mutual aid coordinators at the operational area, regional and state levels. The basic role
of a mutual aid coordinator is to receive mutual aid requests, coordinate the provision of
resources from within the coordinator's geographic area of responsibility and pass on
unfilled requests to the next level. Law Enforcement, Fire and Rescue Services, and the
Medical Health Operational Coordinator work within existing state mutual aid systems for
requests and assignments of mutual aid.
Mutual aid requests that do not fall into one of the discipline -specific mutual aid systems
are handled through the emergency services mutual aid system by emergency
management staff at the local government, operational area, regional, and state levels.
When EOC's are activated, all discipline -specific mutual aid systems should establish
coordination and communications within the respective local, operational area, regional,
or state EOC's.
Mutual aid system representatives at an EOC may be located in various functional
elements (sections, branches, groups, or units) or serve as an agency representative,
depending on how the EOC is organized and the extent to which it is activated.
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Figure: Discipline Specific Mutual Aid System
Sot°
REOC
Operational Area EOC
110011111Mm•••#
Affected Local
Junsde tsons
Emergency Management Assistance Compact
Othiw Mutual Aid
Regiontsj within
Administrative Region
Operational Areas. State
Agencies and Total
Noir-Governmental and
Private Sector fntihes
within Mutua, Aid Region
Unaffected local
governments. State
Agencies. Tribal Entities,
Non -Governmental, and
Private Sector entities
within the OA
Other Cal OES
Adrnr 4strat,ve
Regions
Operational Areas State
Awwnaes and Tribal
Non Governmentai,and
Private Sector Entities
3.12.5 Mutual Aid Agreements
Riverside County is a participant in the following mutual aid agreements:
• California Master Mutual Aid Agreement
• California Medical Mutual Aid Agreement
• Region VI Fire and Rescue Operations Plan
• Region VI Law Enforcement Mutual Aid Agreement
• Region VI Public Works Mutual Aid Agreement
• Region VI Medical Services Mutual Aid Agreement
• Emergency Managers Mutual Aid Agreement
• Volunteer and Private Agencies Mutual Aid Agreement
• Riverside Operational Area Agreement
3.12.6 Riverside County/OA Mutual Aid Requests
Cities within Riverside County will make mutual aid requests through the Riverside OA
EOC. Riverside County will make mutual aid requests through the Cal OES Southern
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REOC. Requests for Fire and Law Enforcement mutual aid will be made through existing
Regional Mutual Aid Coordinators that may be present at the Riverside OA EOC.
3.13 Riverside County Emergency Organization
The California Emergency Services Act requires Riverside County to manage and
coordinate the overall emergency response and recovery activities within its jurisdiction.
The County Director of Emergency Services, per Riverside County Municipal Code 5204,
is responsible to impress into service all officers and employees of Riverside County,
together with volunteers, groups, and organizations enrolled to aid them during an
emergency, to constitute the emergency organization of Riverside County. All
departments and agencies will use the ICS for emergency response and provide
emergency related information to the Riverside OA EOC. The Emergency Organization
chart shows the City departments within the SEMS/NIMS concept.
March 5. 2018
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3.13.1 Emergency Proclamations
A Local Emergency may be proclaimed by the Board of Supervisors or by the County
Director of Emergency Services (Chief Executive Officer) as specified by Riverside
County Ordinance 533 or by the County Health Officer, per Health and Safety Code
101080. A Local Emergency proclaimed by the Chief Executive Officer or Health Officer
must be ratified by the Board of Supervisors within seven days. The governing body must
review the need to continue the proclamation at least every thirty days until the Local
Emergency is terminated or may expire. The Local Emergency may be terminated by
resolution when conditions warrant. Proclamations are normally made when there is an
actual incident, threat of disaster, or extreme peril to the safety of persons and property
within the county caused by natural or man-made situations. The proclamation of a Local
Emergency provides the governing body with the legal authority to:
• Request that the Governor proclaim a State of Emergency
• Promulgate or suspend orders and regulations necessary to provide for the
protection of life and property, including issuing orders or regulations imposing a
curfew within designated boundaries
• Exercise full power to provide mutual aid to any affected area in accordance with
local ordinances, resolutions, emergency plans, or agreements
• Request state agencies and other jurisdictions to provide mutual aid
• Require the emergency services of any local official or employee
• Requisition necessary personnel and materials from any local department or
agency
• Obtain vital supplies and equipment and, if required, immediately commandeer the
same for public use
• Impose penalties for violation of lawful orders
• Conduct emergency operations without incurring legal liability for performance or
failure of performance (see Article 17 of the Emergency Services Act for
privileges/immunities)
3.13.2 State of Emergency
A State of Emergency may be proclaimed by the Governor when:
• Conditions of disaster or extreme peril exist which threaten the safety of persons
and property within the state caused by natural or man-made incidents
• The Governor is requested to do so by local authorities
• The Governor finds that local authority is inadequate to cope with the emergency
• Mutual aid shall be rendered in accordance with approved emergency plans when
the need arises in any county, city and county, or city for outside assistance
When a State of Emergency has been proclaimed:
• The Governor shall, to the extent deemed necessary, have the right to exercise all
police power vested in the state by the Constitution and the laws of the State of
California within the designated area;
• Jurisdictions may command the aid of citizens as deemed necessary to cope with
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an emergency
• The Governor may suspend the provisions of orders, rules or regulations of any
state agency and any regulatory statute or statute prescribing the procedure for
conducting state business
• The Governor may commandeer or make use of any private property or personnel
(other than the media) in carrying out the responsibilities of their office
• The Governor may promulgate, issue, and enforce orders and regulations deemed
necessary
3.13.3 State of War Emergency
Whenever the Governor proclaims a State of War Emergency, or if a State of War
Emergency exists, all provisions associated with a State of Emergency apply, additionally:
• All state agencies and political subdivisions are required to comply with the lawful
orders and regulations of the Governor which are made or given within the limits
of his authority as provided for in the Emergency Services Act.
3.14 Continuity of Government
Continuity of Government (COG) is the principle of establishing defined procedures that
allow a government to continue its essential operations in case of a catastrophic event
and ensure an enduring constitutional government. The essential functions are normal
operations not disaster response functions. Continuity of Government is operationalized
through the Continuity of Operations Plan which specifies essential functions, alternate
facilities, and lines of succession.
3.14.1 Alternate Seat of Government
Section 23600 of the California Government Code provides alternate seats of
government:
• The Board of Supervisors shall designate alternative county seats, which may be
located outside county boundaries
• Real property cannot be purchased for this purpose
• A resolution designating the alternate county seats must be filed with the Secretary
of State
• Additional sites may be designated subsequent to the original site designations if
circumstances warrant
In the event the primary location is not usable because of emergency conditions, the city
of Indio is designated as the alternate seat of government for the county.
• The alternate seat shall be used at the determination of the Board of Supervisors
or the County Director of Emergency Services, or designee, when there is no ability
to continue with county business from a location within the general jurisdiction of
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the city due to war or peacetime emergencies.
• If the alternate seat for the county is activated, all business of the county transacted
there shall be legal and binding as if transacted at the county seat.
• Two emergency operating centers shall be maintained to meet emergency
contingencies, and shall be maintained in accordance with Board Policy H-14.
3.14.2 Lines of Succession
The first step in assuring continuity of government is to have personnel who are
authorized and prepared to carry out emergency actions for government in the event of a
natural, technological, or national security disaster. Article 15, Section 8638 of the
Emergency Services Act authorizes governing bodies to designate and appoint three
standby officers for each member of the governing body and for the chief executive, if not
a member of the governing body. Standby officers may be residents or officers of a
political subdivision other than that to which they are appointed.
Notification of any successor changes shall be made through the established chain of
command. Article 15, Section 8637 of the Emergency Services Act authorizes political
subdivisions to provide for the succession of officers (department heads) having duties
related to law and order and/or health and safety.
Article 15, Section 8633 of the Emergency Services Act establishes a method for
reconstituting the governing body. It authorizes that should all members, including all
standbys, be unavailable, temporary officers shall be appointed as follows:
• By the chairman of the board of the county in which the political subdivision is
locate,
• By the chairman of the board of any other county within 150 miles (nearest and
most populated down to farthest and least populated)
• By the mayor of any city within 150 miles (nearest and most populated down to
farthest and least populated)
Article 15, Section 8642 of the Emergency Services Act authorizes local governing bodies
to convene as soon as possible whenever a State of War Emergency, State of
Emergency, or Local Emergency exists, and at a place not necessarily within the political
subdivision. Article 15, Section 8643 of the Emergency Services Act describes the duties
of a governing body during emergencies as follows:
• Ascertain the damage to the jurisdiction and its personnel and property
• Reconstitute itself and any subdivisions
• Perform function in preserving law and order and furnishing local services
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3.14.3 Departmental Lines of Succession
Organrtatwn Chart 1st aro 2nd EOC Asacnrnent Shrhs
DISASTER DIRECTOR
Position Shift
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Should the County Chief Executive Officer be unavailable or unable to serve, the
positions listed below, in order, shall act as the County Director of Emergency Services.
The individual who serves as acting director shall have the authority and powers of the
Director, and will serve until the Director is again able to serve, or until a successor has
been appointed by the Board of Supervisors.
1St Alternate:
2nd Alternate:
3rd Alternate:
4th Alternate:
5th Alternate:
6th Alternate:
Assistant Chief Executive Officer
County Sheriff
County Fire Chief
County Public Health Officer
Director Transportation and Land Management Agency
Director Public Social Services
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3.14.4 Vital Record Retention
Vital records include those records that are essential to the rights and interests of
individuals, governments, corporations, and other entities such as vital statistics, land and
tax records, license registers, articles of incorporation, and historical information. Vital
records also include those records essential for emergency response and recovery
operations, including utility system maps, emergency supple and equipment locations,
emergency operations plan and procedures, and personnel rosters.
The preservation of vital records is critical to the County's recovery from a catastrophic
event. In addition to the information retrieval requirements of response, each response
function has a record-keeping component. Although the principal focus of vital records
preservation is to support recovery through reimbursement of disaster -related costs, vital
records also have a broader and more important function in that they help to describe a
reasonably complete compilation of damage, death, physical and mental trauma, and
allocation of public and private resources, making it possible to learn from the disaster
experience. Vital records for the County are maintained by the County Assessor -Clerk -
Recorder's Office.
These vital records are essential to the re-establishment of normal government functions
for Riverside County, serving to protect the rights and interests of government which are
encapsulated in the constitutions, charters, statues, ordinances, court records, official
proceedings, and financial records of Riverside County. Vital records of Riverside County
are routinely stored in the County -Assessor -Clerk -Recorder's Office.
3.15 Training, Documentation and Exercises
The appropriate SEMS/NIMS/ICS training will be provided to all public safety, EOC, and
first responder personnel. Each city department is responsible to schedule and document
emergency management training for their employees that have been designated with an
emergency role.
The core ICS training courses have been revised to reflect lessons learned since their
release in 2006. The courses of training will be selected from the following list,
commensurate with individual and supervisory responsibilities:
• Introduction to SEMS
• IS -700.a: NIMS An Introduction
• IS -800.b: National Response Framework, An Introduction
• IS -100.b: Introduction to Incident Command System, ICS 100
• IS -200.b: ICS for Single Resources and Initial Action Incidents, ICS 200
• ICS -300: Intermediate ICS for Expanding Incidents
• ICS -400: Advanced ICS Command and General Staff—Complex Incidents
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The County of Riverside Emergency Management Department is responsible for
coordination and scheduling of regular exercises of this plan to train all necessary County
staff in the EOC and proper response to disaster situations.
There are additional courses designed to enhance skills development and are geared
towards fulfilling SEMS/NIMS credentialing tracks. County departments should
document the training provided to emergency response personnel. Copies of
SEMS/NIMS training records are maintained by the department as follows:
• An individual training record for each person, kept in their personnel file, or in a
separate training record file. The name of the course, instructor, location, and date
of the course should be included in the training record.
• Maintenance of the individual training record for as long as the person is employed
in a position that involves an emergency response role. Records of personnel
involved in an actual emergency are archived for five years after the close of a
disaster or indefinitely.
• Documentation of the agency's SEMS/NIMS training program including copies of
the training materials used, such as instructor syllabus, lesson plans, student
notebook, exercises and tests.
Exercises, drills, and actual incidents are a means for improving plans and systems
through evaluation of the response activities. Exercises also encourage participation from
Operational Area jurisdictions for effective coordination of disaster response capabilities.
An After Action Report (AAR) will be developed for exercises and actual incidents. In
addition, a Corrective Action Plan process will be completed for implementing
improvements outlined in AARs. This system is in accordance with the guidance on
SEMS/NIMS implementation.
An exercise is a simulation of a series of emergencies for identified hazards affecting the
County. During these exercises, emergency response organizations are required to
respond as though a real emergency had occurred. If necessary, the public will be made
aware of these exercises through normal media communications. Tabletop, Functional,
and Full Scale exercises will be conducted utilizing the concepts and principles of the
SEMS/NIMS.
County of Riverside Emergency Management Department will inform County
departments and Operational Area partners of training and exercise opportunities
associated with emergency management. Those with responsibilities under this plan must
ensure their personnel partake in training and exercises in order to effectively carry out
their disaster responsibilities. An actual EOC activation may take the place of a scheduled
exercise.
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3.16 Requirements of the Americans with Disabilities Act and California Access
and Functional Needs Legislation
Access to emergency services shall not be denied on the grounds of race, color, national
origin, sex, age, or handicap. To ensure that this goal is met, Title II of the ADA requires
State and local governments to make their programs and services accessible to persons
with disabilities. This requirement extends not only to physical access at government
facilities, programs, and events -- but also to policy changes that governmental entities
must make to ensure that all people with disabilities and others with access and functional
needs can take part in, and benefit from, the programs and services of State and local
governments. In addition, governmental entities must ensure effective communication --
including the provision of necessary auxiliary aids and services -- so that people with
disabilities and others with access and functional needs can participate in civic life.
The Americans with Disabilities Act of 1990 (ADA) signed into law on July 26, 1990, by
President George H. W. Bush, is a broad civil rights law that prohibits discrimination
against people with disabilities and others with access and functional needs, including but
not limited to mobility, vision, hearing, cognitive disorders, mental illnesses, and language
barriers. In 2008, President George W. Bush signed an updated version of the ADA, which
is known as the ADA Amendments Act (ADAAA). The revised law broadens the scope of
the definition of what it means to have a disability. These changes went into effect January
1, 2009. These amendments make it easier for individuals whole require whole
community support services to seek protection under the law.
Riverside County will make every effort to address the needs of individuals who require
whole community support services. Initially, priorities are focused on lifesaving
operations, evacuations and stabilization of the incident. Riverside County will take into
consideration the needs of individuals such as issues with communications, mobility, and
accessibility. Included in the County's planning efforts for individuals who require whole
community support services are:
• TTD/TTY contact and captioned cable alert for the hearing-impaired
• Spanish/English outreach programs, identified language skills of County
employees for interpretation
• ADA compliant access to County facilities and Red Cross shelter facilities
• Identified transportation assistance for those requiring physical assistance
• Reverse 911 telephone system for specific geographic areas
• Notification and warning procedures
• Evacuation considerations
• Emergency transportation issues
• Sheltering requirements
• Accessibility to medications, refrigeration and back-up power
• Accessibility for mobility devices or service animals while in transit or at shelters
• Accessibility to emergency information
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Access and Functional Needs Planning Guidance
Riverside County Operational Area received the following guidance from the California
Governor's Office of Emergency Services (Cal OES), Office of Access and Functional
Needs. Assembly Bill 2311 (Brown, Chapter 520, Statutes of 2016), which added
California Government Code section 8593.3, requires each county and city to integrate
access and functional needs upon the next update to its emergency response plan.
Specifically, jurisdictions must address how it will serve the access and functional needs
community in:
• Emergency communications;
• Emergency evacuations; and
• Emergency sheltering.
Part of any successful planning effort is to understand the impacted population(s). The
legal requirements are set forth in Government Code section 8593.3, and define access
and functional needs as individuals who have:
• Developmental, intellectual or physical disabilities;
• Chronic conditions or injuries;
• Limited English proficiency or non-English speaking;
Or, individuals who are:
• Older adults, children, or pregnant;
• Living in institutional settings;
• Low-income, homeless, and/or transportation disadvantaged; or
• From diverse cultures.
Lessons documented from years of assisting individuals with access and functional needs
in disasters show three areas repeatedly identified as needing improvement:
communications, evacuation, and sheltering.
Emergency communications
During a disaster, effective communication becomes especially critical. As such,
information delivered at press conferences by public officials and broadcasted on
television during a disaster needs to be effective, understood, consumable, and
actionable by the whole community. Effective communication considerations include:
• Sign Language interpreters for individuals who are deaf or hard of hearing;
• Alternative formats for individuals who are blind/low vision; and
• Translation services for persons with limited English proficiency or for non-English
speaking individuals.
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Emergency Evacuation
When local evacuations become necessary, considerations for the whole community
include:
• Accessible transportation options;
• Medical needs; and
• Keeping individuals connected with their families, personal care providers,
essential equipment and technologies, and service animals.
Proper planning is essential to a successful evacuation and includes having agreements
and partnerships in place with local public and private accessible transportation providers
in order to ensure individuals with disabilities and persons with access and functional
needs can evacuate safely during emergencies.
Emergency evacuation plans should be viewed as living documents because
communities change and integrating the needs of individuals with access and functional
needs is a dynamic process. Emergency managers should work and partner with their
local disability and whole community stakeholders to regularly practice, review, revise,
and update their plans to reflect changes in technology, personnel, and procedures.
Sheltering
Shelters can be stressful environments and may, without proper planning, exacerbate the
physical and emotional impacts that survivors with access and functional needs
experience during disasters.
Sheltering needs to be inclusive and integrated, not segregated. General population
shelters need to be in physically accessible locations and equipped with accessible
resources (e.g. bathrooms, cots, showers, etc.) to meet the needs of individuals with
access and functional needs in a manner that ensures they can remain with their support
systems (e.g. personal care provider, service animal, etc.). Assessing potential sheltering
facilities before disasters occur is essential as designated shelters should comply with the
requirements of the Americans with Disabilities Act (ADA).
Additional Resources
The Cal OES Office of Access and Functional Needs has made resources available to
assist communities as they integrate access and functional needs within their emergency
planning. Two such tools are:
The Cal OES Access and Functional Needs Web Map
To empower emergency managers to identify the access and functional needs -related
assets and resources needed to support the health and independence of survivors, the
Cal OES Office of Access and Functional Needs partnered with the Cal OES' GIS Division
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to create the California AFN Web Map — the first-ever searchable, comprehensive,
statewide resource for locating AFN-related assets and resources in California.
Using data from the U.S. Census, the web map contains the following information for
every county in the State of California:
• Disability - Total number of individuals in each county with a disability, listed into
four categories: hearing difficulty; vision difficulty; cognitive difficulty; and
ambulatory difficulty.
• Culture - The ethnicity and primary language(s) spoken at home within each
county.
• Age - The age (across the life spectrum) of individuals in every county.
The web map outlines where each of the following resources are located:
• Accessible Hygiene Resources - Showers, toileting, and hand washing stations
that meet Americans with Disabilities Act (ADA) standards.
• Accessible Transportation - Organizations providing public transportation services
to seniors and individuals with disabilities that meet Americans with Disabilities Act
(ADA) standards.
• American Sign Language Interpreting Services - Organizations providing
interpretation services for individuals who are deaf or hard of hearing.
• Assistive Technology - Organizations providing devices, equipment or technology
systems, and services for individuals with disabilities.
• Community Emergency Response Teams (CERT) Programs - Local programs that
educate individuals about disaster preparedness and train them in basic disaster
response skills.
• Independent Living Centers - Community-based, non-profit organizations
designed and operated by individuals with disabilities.
• Lanquage Translation Services - Organizations providing written text or
interpretation services in a language other than English.
• Regional Centers - Non-profit private corporations that contract with the
Department of Developmental Services to provide or coordinate services and
support for individuals with developmental disabilities.
The Cal OES Office of Access and Functional Needs Library
In order to ensure that community leaders, state agencies, advocacy organizations,
emergency managers and others have the best and most current access and functional
needs -related planning resources available in an easy to access, one -stop -shop central
repository, we created the OAFN Library. The OAFN Library is a comprehensive
clearinghouse for access and functional needs -specific best practices, guidance
documents, videos, and more. For additional questions regarding access and functional
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needs contact the Cal OES Office of Access and Functional needs at:
OAFN(a�caloes.ca.gov
The new Government Code reads:
8593.3. (a) A county, including a city and county, shall, upon the next update to its
emergency plan, integrate access and functional needs into its emergency plan by
addressing, at a minimum, how the access and functional needs population is
served by the following:
(1) Emergency communications, including the integration of interpreters,
translators, and assistive technology.
(2) Emergency evacuation, including the identification of transportation resources
and resources that are compliant with the federal Americans with Disabilities Act
of 1990 (42 U.S.C. Sec. 12101 et seq.) for individuals who are dependent on public
transportation.
(3) Emergency sheltering, including ensuring that designated shelters are
compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.) or can be made compliant through modification and that showers
and bathrooms are fully accessible to all occupants.
(b) For purposes of this section, the "access and functional needs population"
consists of individuals who have developmental or intellectual disabilities, physical
disabilities, chronic conditions, injuries, limited English proficiency or who are non-
English speaking, older adults, children, people living in institutionalized settings,
or those who are low income, homeless, or transportation disadvantaged,
including, but not limited to, those who are dependent on public transit or those
who are pregnant.
3.16.1 Individuals Requiring Whole Community Support Services
Individuals in need of Whole Community Support Services may include those who have
disabilities; who live in institutionalized settings; who are older adults; who are children;
who are from diverse cultures; who have limited English proficiency or are non-English
speaking; or who are transportation disadvantaged. According to a 2010 study, there are
almost 11 million people who require access to Whole Community Support Services in
California. The lessons documented from the years of assisting individuals who require
whole community support services in disasters show three areas that are repeatedly
identified as most important to these individuals: communications (alert, warning,
notification), evacuation (transportation), and sheltering.
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3.17 Animal Care Considerations
The PETS Act (Pets Evacuation and Transportation Standards Act of 2006) directs that
state and local emergency preparedness plans address the needs of people with pets
and service animals after a major disaster, including the rescue, care and sheltering of
animals. The PETS Act amends the Stafford Act, and requires evacuation plans to take
into account the needs of individuals with household pets and service animals, prior to,
during, and after a major disaster or emergency. Riverside County has an Animal Control
department that will lead the effort to comply with the PETS Act.
In conjunction with the Department of Animal Services, Animal Control officers and shelter
attendants will provide for the coordination of evacuation and sheltering of household and
service pets in the event of a disaster.
Shelter Name
Areas Served
Animal Friends of the Valleys
Canyon Lake, City of Lake Elsinore, City of
Temecula, City of Murrieta
Beaumont Animal Control
City of Beaumont, Banning, Calimesa
Corona Animal Shelter
City of Corona
Moreno Valley Animal Shelter
City of Moreno Valley
Norco Animal Shelter
City of Norco
Palm Springs Animal Shelter
City of Palm Springs
Perris Animal Control
City of Perris (Animals go to Moreno Valley
shelter)
Ramona Humane Society
Hemet, Homeland, Nuevo, Romoland, San
Jacinto, Sun City, Winchester
Rancho Cucamonga Animal Shelter
City of Rancho Cucamonga
Rancho Mirage Animal Control
City of Rancho Mirage (Animals go to the
Coachella Valley Animal Campus)
Riverside County Animal Shelter
Blythe
Riverside County Animal Shelter
Coachella Valley
Riverside County Animal Shelter
Western Riverside
Riverside County Animal Shelter
San Jacinto
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These shelters also provide animal control services, shelter and rescue services in the
event of animal evacuations. An annex addressing these needs and requirements is
attached to this plan.
3.18 Communications and Warning
Warning is the process of alerting governmental forces and the general public to the threat
of imminent danger. Dependent upon the nature of the threat and the population group
at risk, warning can originate at any level of government. Success in saving lives and
property is dependent upon timely dissemination of warning and emergency information
to persons in threatened areas. Local governments are responsible for warning the
populations within their jurisdiction. Government officials accomplish this using various
warning systems and devices that can originate or disseminate information from a central
location that is staffed 24 hours a day, typically a communications center.
Riverside County has several systems available for providing disaster information to the
public to alert and warn them of impending danger.
3.18.1 Emergency Alert System (EAS)
The Emergency Alert System is designed for the broadcast media to disseminate
emergency public information. This system enables the President, as well as federal,
state, and local governments to communicate with the general public through commercial
broadcast stations.
EAS is operated by the broadcast industry on a volunteer basis according to established
and approved EAS plans, standard operating procedures, and within the rules and
regulations of the Federal Communications Commission (FCC). EAS can be accessed at
federal, state, and local levels to transmit essential information to the public. Message
priorities under Part 73.922(a) of the FCC's rules are as follows:
• Priority One - Presidential Messages (carried live)
• Priority Two - EAS Operational (Local) Area Programming
• Priority Three - State Programming
• Priority Four - National Programming and News
State programming originates from the state operations center and is transmitted through
the state using the state's CLERS VHF/UHF radio relay stations. California has 30 EAS
Operational Areas within radio reception range of EAS stations serving the area. The
State message priorities are as follows:
• Priority One - Immediate and positive action without delay is required to save lives
• Priority Two - Actions required for the protection of property and instructions to the
public requiring expedient dissemination
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1,1X,1
• Priority Three - Information to the public and all others
Emergency information is broadcast directly through the transmitters to all broadcasters
in Riverside County simultaneously and to special districts and businesses with more than
100 employees, who by law must monitor this frequency. Emergencies that may warrant
an alert include an avalanche, child abduction emergency, civil danger or emergencies,
evacuations, law enforcement or fire warning, radiological or hazardous materials
warnings, flash flooding, and severe weather warnings.
In Riverside County, the EAS is administered under the authority of the Sheriff of
Riverside County. Any official requesting an EAS warning or message will request such
through the Sheriff's Office Watch Commander or County Fire Department. Messages in
Riverside County will be disseminated through the Sheriff's Communications Center. The
message must be a voice message that can be prerecorded. All OA partners are
authorized to request an EAS activation.
If the Local Programming (LP) 1 EAS station receives an EAS message request, the
station will call-back the requesting communication center using the phone number
provided on the separate list to verify authenticity of request. A list of phone numbers for
communications centers is provided separately for authentication. It is not for public
release, but only for those with a need to know.
Monitor Assignments
This FCC Local Area is divided into five (5) Zones comprising two of the largest counties
in the United States. No one broadcast station covers one entire county. There are a few
locations without adequate California coverage due to terrain and distances. Stations
monitor each other for redundancy.
Station/Facility Monitors:
Zone1: INLAND EMPIRE EAS ZONE
LP1 KFRG 95.1 MHz KFI 640, KGGI (FM) 99.1, CLERS 158.790,
Simulcast KXFG 92.9 MHz KNWS 162.450 Santa Ana for San Diego NWS
LP2 KGGI 99.1 MHz KFRG 95.1, NWS 162.45, CLERS 158.790, KFI
640
Zone 2. COACHELLA VALLEY EAS ZONE
LP1 KDES 104.7 MHz KFRG 95.1, NWS 162.400, CLERS 158.790,
KCLB 93.7, KFI 640
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LP2 KCLB 93.7 MHz KDES 104.7, NWS 162.400, CLERS 158.790,
KFRG 95.1
Zone 3. VICTOR VALLEY EAS ZONE
LP1 KZXY 102.3 MHz KGGI 99.1, KFI 640, CLERS 155.910, NWS
San Diego 162.550 (No LP2)
Zone 4. MOJAVE DESERT EAS ZONE
LP1 KHWY 98.9 MHz* KFI 640, KJAT 105.3
KRXV 98.1 MHz* NWS Las Vegas or San Diego to telephone
when alert imminent *
KHYZ 99.7 MHz* CLERS 155.910 Government Peak
(*Trimulcast) (No LP2)
Zone 5. SOUTH WEST (SW) RIVERSIDE EAS ZONE
LP1 KATY 101.3 MHz KXFG 92.9 MHz, KFI 640 KHz
(No LP2)
NWS Las Vegas or San Diego to telephone
when alert imminent *
LP2 KXFG 92.9 MHz KATY 101.3, KFI 640, KWRP
* Area of incomplete or no NWR coverage, telephone alert arranged with appropriate
NWS facility
All stations and CATV control points must monitor two of the following:
• LP1 Station for their area
• LP2 Station for their area
• Out -of -area LP1 (such as KFI, Los Angeles)
• NWR, CLERS or EDIS if capable of being received
Stations unable to reliably receive the LP -1, LP1 S, or an LP -1 alternate, must monitor the
LP -2 station and one other assignment from paragraph 1.2 above.
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In addition, but not in lieu of, any other station listed in 1.1 and 1.2 above are
recommended monitoring.
3.18.1.1 Integrated Public Alert and Warning System
Mass media used to alert and warn the American public must now incorporate the use of
technologies needed to reach people with disabilities and others with access and
functional needs. Executive Order 13407 requires FEMA to "include in the public alert
and warning system the capability to alert and warn all Americans, including those with
disabilities." In response, FEMA established the Integrated Public Alert and Warning
System (IPAWS).
FEMA's IPAWS allows authorities to send Wireless Emergency Alerts (WEAs), which are
geographically targeted, text -like alerts to the public via their wireless handsets. WEAs
use a unique signal and vibration to attract attention, which may be helpful to individuals
with hearing or vision loss. Industry partners develop content and/or devices that can be
used by individuals with disabilities and others with access and functional needs to
receive emergency alerts. The public doesn't need to sign up to receive WEAs and
wireless customers are not charged for the delivery of WEA messages. Wireless carriers
sell WEA capable phones with the service already included.
Local alerting authorities must complete the necessary authentication steps to use the
Integrated Public Alert and Warning System (IPAWS). Riverside and San Bernardino
Counties, as a Local Emergency Communications Committee (LECC), are authorized to
use (PAWS.
3.18.2 National Warning System (NAWAS)
NAWAS is a dedicated wire -line system that provides two-way voice communications
between the federal warning center, state warning points and local warning points. If the
situation ever presents itself, NAWAS is a nationwide system developed to send warnings
of impending attack throughout the nation. The system may be activated from two federal
facilities that are staffed 24 hours daily: the National Warning Center (North American Air
Defense Command, Colorado Springs) and the Alternate National Warning Center
(Olney, Maryland).
CALWAS is the State portion of NAWAS that extends to communications and dispatch
centers throughout the state. Both state and federal circuits are monitored 24 hours a day
at the Warning Center, the alternate point, and each of the local warning points. Circuits
then extend to county warning points. Counties not on this system will receive warning
through other means (normally over the California Law Enforcement Telecommunications
System (CLETS).
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NAWAS is tested three times daily at unscheduled times. Immediately following the
NAWAS test through the Warning Center, the state conducts the CALWAS test through
Cal OES. On alternate Wednesdays, the CHP conducts a test at 10:00 a.m. local time.
Backup communications systems for CALWAS alerts include:
• CESFRS - California Emergency Services Fire Radio System
• CESRS - California Emergency Services Radio System
• CLEMARS - California Law Enforcement Mutual Aid Radio System
• CLERS - California Law Enforcement Radio System
• CLETS - California Law Enforcement Telecommunications System
3.18.3 California State Warning Center (CSWC)
The CSWC is a signal and information conduit for Cal OES and a central information hub
for statewide emergency communications. The CSWC is under the command and
direction of the CHP, and staffed by sworn officers and civilian emergency services
communications personnel. The CSWC provides service to all California law enforcement
agencies and their officers 24 hours a day, 365 days a year. Additionally, the CSWC will
provide the means by which fire service agencies can communicate intelligence
information to the FBI.
The following is a list of current functions and responsibilities of the CSWC:
• Facilitates multi-regional and statewide AMBER Alerts
• Carries out critical incident notifications, warnings, and tactical alerts to all involved
agencies and organizations
• Conducts computer crime incident notifications
• Conducts homeland security incident notifications
• Conducts hazardous material notifications
• Monitors natural disasters and coordinates emergency response
• Monitors and maintains state and national emergency response communications
• Conducts Governor and executive staff notifications
• Facilitates toxic call -outs (drug labs)
3.18.4 Operational Area Satellite Information System (OASIS)
OASIS is a system that consists of a communications satellite, multiple remote sites, and
a hub that allows virtually uninterruptable communication between state, regional, and
operational area level EOC's. The system, which uses technology similar to cellular
telephones, has 60 channels. When a user picks up the line, the system automatically
searches for the best available channel and is capable of conducting six simultaneous
voice conversations and one data channel at a rate of 9600 baud.
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3.18.5 Emergency Digital Information System (EDIS)
The Emergency Digital Information Service (EDIS) delivers official information about
emergencies and disasters to the public and the news media in California. California
emergency bulletins posted to EDIS are available by email and pager from various
providers. EDIS has been in operation since 1990, and was upgraded to add image and
sound capabilities and to use an advanced satellite data -cast technology for reliable
statewide service in 1999. People and businesses can receive EDIS messages via their
e-mail, wireless cell phone, or pager by registering on the EDIS webpage at
http://edis.oes.ca.cgov/ .
3.18.6 Public Safety Enterprise Communication (PSEC)
PSEC is the County's standards-based P25 Phase II system, encrypted, digital radio
system that provides communications and greater geographic coverage, reliability,
access to data, and enhanced interoperability for Riverside County Fire, Riverside County
Sheriffs Department, and non-public safety county departments.
3.18.7 County Disaster Net
The Riverside OA EOC staff uses a low -band radio to communicate countywide with other
staff members as well as with City EOCs located in Western Riverside County. The
capability exists to link the Western County Disaster Net with the Coachella Valley
Disaster Net.
The County Alternate EOC in the Coachella Valley uses a VHF radio system to
communicate internally and with City EOCs located in the Coachella Valley.
3.18.8 ReddiNet
ReddiNet is a dedicated emergency medical communications network providing
interoperability communications among hospitals, EMS agencies, paramedics, dispatch
centers, law enforcement, homeland security, public health officials and other health care
system professionals in local and regional communities. ReddiNet is used to multi-
casualty incidents, tracking dispatched ambulances and patient locations, verifying
hospital Emergency Department status, and communicate bed availability and patient
evacuation needs.
3.18.9 Satellite Telephones
The County EOC uses permanent and portable satellite phones to communicate with
various cities, such as the City of Temecula and agencies that belong to the emergency
managers talk group. Satellite phones utilize a high-powered satellite positioned in
geostationary orbit, 22,300 miles in the sky, as a repeater. Satellite phones are also an
alternate means of communications in the event communications systems are degraded.
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3.18.10 Radio Amateur Civil Emergency Services (RACES)
The County utilizes the services of volunteer HAM radio operators to provide an alternate
means of communications when primary systems are non -operational for
communications where systems do not normally exist. Amateur radio operations are
under the leadership of the County of Riverside Emergency Management Department.
Riverside County RACES members are registered disaster service workers licensed by
the Federal Communications Commission (FCC) for amateur radio service.
3.18.11 Riverside County Alert System (AlertRivCo)
The County of Riverside has instituted a system that uses telephones to alert residents
and businesses in Riverside County who are affected, threatened, or might be
endangered by an emergency event or a disaster. The system uses phone numbers in
the region's 9-1-1 database to contact listed and unlisted land -line telephones. It is
TTY/TDD capable. If the call is picked up by an answering machine, the system will leave
a voice message. Because the 9-1-1 database includes only land -line numbers, other
phone numbers must be registered. Voice over Internet protocol (VoIP) or cellular
telephones must be registered on the system to be included in the notification system.
3.18.12 Social Media
The County of Riverside utilizes several forms of social media to reach the public including
Twitter, Facebook, and YouTube. The county also has a website
(www.countyofriverside.us or www.rivcoready.org) that can be used to communicate
information to the public. In an emergency or disaster, County of Riverside Emergency
Management Department or the EOC will post information on these accounts and monitor
these accounts for messages and information from the public.
3.18.13 Relay Services
Free relay services are available within the State of California and anywhere in the United
States by dialing 711. This service allows individuals with hearing or speech disorders to
communicate with all telephone users.
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4.0 Riverside County Recovery Operations
Recovery refers to the measures taken by the County of Riverside following a disaster
that will return existence back to normal, or at least as normal as possible. Effective
recovery consists of a complex array of interdependent and coordinated actions.
Recovery operations are divided into two phases; short term and long term.
4.0.1 Short Term Recovery
The first phase of recovery operations is short term. The goal of short-term recovery is to
restore local government services to at least minimal capacity operations. Short-term
recovery includes:
• Assessment of the extent and severity of damages to homes and other property
• Restoration of services generally available in communities - water, food, and
medical assistance
• Repair of damaged homes and property
• Professional counseling when the sudden changes resulting from the emergency
have resulted in mental anguish and inability to cope
• Utility and infrastructure restoration
• Expanded social, medical and mental health services
• Re-establishment of County government operations
• Transportation route restoration
• Debris removal and clean-up operation
• Abatement and demolition of hazardous structures
4.0.2 Long Term Recovery
Long-term recovery consists of actions that will return the county back to normal pre -
disaster levels of service. The County will coordinate with special districts and private
utility companies on all efforts to restore utility systems and services during recovery
operations. Mental Health services will be coordinated such as Critical Stress Debriefings
for emergency response personnel, disaster service workers, and victims of the
disaster/event. Oklahoma City Bombing still provides recovery mental health services
over 20 years after the incident.
It is critical that the documentation functions during response continue and expand into
long term recovery. The major objectives of Tong -term recovery operations include:
• Coordinated delivery of long-term social and health services
• Improved land use planning
• Re-establishing the local economy to pre -disaster levels
• Recovery of disaster response costs
• Effective integration of hazard mitigation strategies into recovery planning and
operations
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Failure to strictly account for damage documentation and personnel costs can result in
loss of reimbursement.
4.1 SEMS Recovery Organization
The Operational Area plays a different role in recovery than in response. The Operational
Area may act as an information and coordination point for its constituent jurisdiction.
However, each local jurisdiction, rather than the Operational Area, works directly with
state and federal recovery programs.
4.2 Damage Assessment
During the early phase of a disaster, the initial damage from the disaster is estimated due
to time constraints related to the response. Plans should include procedures for
conducting more detailed surveys to be used in disaster project applications once the
recovery process begins.
4.2.1 Structural Damage
Checklists and procedures for survey teams should include the following terms when
describing damages, which are limited to the structure and not contents:
• Destroyed - Cost of repair is more than 75% of value
• Major Damage - Cost of repair is greater than 10% of value
• Minor Damage - Cost of repair is less than 10% of value.
4.3 Recovery Activities
Common terms for recovery activities are listed below:
• Category A: Debris Clearance - Clearance of debris, wreckage, demolition, and
removal of buildings damaged beyond repair.
• Category B: Protective Measures - Measures to eliminate or lessen immediate
threats to life, public health, and safety.
• Category C: Roads & Bridges - All non -emergency work and any that may require
more time for decision-making, preparation of detailed design, construction plans,
cost estimates, and schedules.
• Category D: Water Control Facilities - Includes flood control, drainage, levees,
dams, dikes, irrigation works, and bulkheads.
• Category E: Public Buildings and Equipment - Buildings, vehicles or other
equipment, transportation systems, fire stations, supplies or inventory, higher
education facilities, libraries, and schools.
• Category F: Utilities - Water supply systems, sanitary sewerage treatment plants,
storm drainage, and light/power.
• Category G: Other - Park facilities, public and private non-profit facilities,
recreational facilities, and playground equipment.
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4.3.1 List of Damages
Once a Presidential Disaster Declaration has been made a complete and comprehensive
list of all the damage that has occurred needs to be completed by each jurisdiction and
transmitted to the Operational Area. The Operational Area will transmit the damage
information to the Cal OES Region, who will in turn send it to the State and FEMA. It
should include:
• Location of Action/Damage - Geographical location of damaged facility or
emergency work
• Description of Action/Damages - Narrative description explaining the nature of the
disaster related problem (engineering details are not needed)
• Estimates of Cost - A separate estimate for each facility or system affected
4.4 Recovery Reporting and Documentation
Recovery documentation and reporting is the key to recovering eligible emergency
response and recovery costs.
4.4.1 After -Action Reporting
SEMS regulations require that jurisdictions complete an After Action Report (AAR) within
120 days after each emergency proclamation. Furthermore, the SEMS regulations under
Title IX, Division 2, Chapter 1, Section 2450(a) requires any federal, state, or local
jurisdiction proclaiming or responding to a Local Emergency for which the governor has
declared a State of Emergency or State of War Emergency shall complete and transmit
an AAR to Cal OES within 90 days of the close of the emergency period. Upon completion
of the AAR, corrective actions are identified to make recommendations for correcting
problems noted in the response/recovery effort, or during exercises and training.
Depending on the level of the AAR, corrective action may encompass anything from
detailed recommendations for improving individual agency plans and procedures to
broader system -wide improvements. Priority corrective actions are assigned to relevant
stakeholders and tracked to ensure the identified problem has been addressed.
4.4.2 Recovery Documentation
The recovery documentation information should include the location and extent of
damage, and estimates of costs for debris removal, emergency work, and repairing or
replacing damaged facilities to a non -vulnerable and mitigated condition. The cost of
compliance with building codes for new construction, repair, and restoration will also be
documented. The cost of improving facilities may be provided under federal hazard
mitigation grant programs. Documentation is the key to recovering expenditures related
to emergency response and recovery operations. Documentation must begin at the field
response level and continue as the disaster unfolds. Included in the Riverside OA EOC
Planning/Intelligence Section is a Documentation Branch that will coordinate the
collection of all incident documentation for dissemination and filing.
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Ivry
4.5 Disaster Assistance
Disaster assistance is divided into two forms: Individual and Public Assistance. Recovery
plans should address both types of assistance, methods of acquiring help, restrictions,
and other pertinent information.
4.5.1 Government Assistance to Individuals
Individual assistance consists of services provided to individuals and private sector
businesses.
• Disaster Housing Assistance Program - This is a federal program administered by
FEMA that provides temporary housing to disaster victims during presidentially
declared disasters.
• Disaster Mortgage and Rental Assistance Program - This program provides grants
for home related mortgage or rent payments to disaster victims, who as a result of
a disaster have lost their job or business and face foreclosure or eviction from their
homes. It is a federal program available under a presidentially declared disaster.
• Housing and Urban Development (HUD) Program - This program is offered to
families that meet certain income guidelines and may provide a percentage of the
rental cost for a limited period of time to disaster victims. It is also available under
a presidentially declared disaster.
• Small Business Administration (SBA) - This program is automatically implemented
following a presidential disaster declaration for Individual Assistance, or may be
implemented at the request of the governor. It provides low interest loans to
businesses and individuals who have suffered disaster losses.
• Individual and Family Grant Program (IFGP) - This is authorized only by a federal
disaster declaration. It provides grants to disaster victims who are not eligible for
SBA loans.
• Cora Brown Fund - This is authorized only by a federal disaster declaration. The
fund provides disaster victims with assistance provided they are not eligible for any
other disaster assistance award from the government or other organizations.
4.5.2 Federal Programs
Under federal disaster assistance programs, documentation must be obtained regarding
damage sustained to:
• Roads
• Water control facilities
• Public buildings and related equipment
• Public utilities
• Facilities under construction
• Recreational and parks facilities
• Educational institutions
• Certain private non-profit facilities
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The documentation information should include the location and extent of damage and
estimates of costs for debris removal, emergency work, and repairing or replacing
damaged facilities to pre -disaster conditions. The cost of compliance with building codes
for new construction, repair, and restoration will also be documented.
These are only a few federal programs that can be activated under a presidentially
declared disaster. Disaster assistance may also be altered by legislation passed at the
time of the event. Other types of assistance may also be made available depending on
the disaster.
4.6 Non -Profit Volunteer Charitable Organizations
Volunteer charitable organizations, including VOAD members and other Non -
Governmental Organizations, may provide assistance to individuals outside the scope of
the Riverside County Recovery Organization.
4.7 Public Assistance
Public assistance consists of various programs of disaster relief to the public and private
non-profit sectors:
• Debris Management
• Individual Assistance (IA)
• Public Assistance (PA)
• Private Nonprofit Program (PNP)
• Safety Assessment Program (SAP)
• Technical Assistance Programs (TAP)
• Laws and Regulations
Public sector includes state and local government (city, county, special district). Private
non-profit includes certain eligible Private Nonprofits (PNP) or an Intermediary PNP
applicant to receive state assistance for extraordinary costs incurred while providing
assistance at the request of local agencies during a state disaster event.
4.7.1 Federal — Robert T. Stafford Disaster Relief Act of 1974
The following is a brief overview of this program:
A Presidential Declaration of Major Disaster or Emergency is required to activate the
provisions of this law. Eligible applicants include the following:
• State agencies
• Counties
• Cities
• Special districts
• Schools K-12
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• Colleges and institutions of higher education
• Tribal Governments
• Private non-profit organizations organized under § 501(c) 3 of the Internal
Revenue Code
• Utilities
• Emergency agencies
• Medical agencies
• Custodial care organizations
• Government services such as: community centers, libraries, homeless shelters,
senior citizen centers, and similar facilities open to the general public
4.7.2 Joint Field Office
Following a Presidential Declaration of a Major Disaster or Emergency, a Joint Field
Office (JFO) will be established in the proximity of the disaster area. The JFO provides
the direction and coordination point for federal assistance. Typical functions of the JFO
include:
• Management - Coordination of the overall federal assistance programs for
Individual and Public Assistance, as well as any existing emergency work
• Public Information - Overall direction of public news releases on the progress of
the emergency recovery actions, public notices on obtaining assistance, problems,
and other pertinent information
• Liaison - Provides coordination and cooperation with other federal and state
agencies
• Operations - Responsible for damage survey teams, outreach activities, and
program implementation (i.e., Public Assistance, Individual Assistance, Hazard
Mitigation, etc.)
• Planning/Intelligence - Develops action plans, identifies priorities, potential
problems, documents the overall recovery actions
• Logistics - Provides materials and resources to perform the tasks associated with
recovery
• Finance/Administration - Tracks and monitors costs, approves purchases, audits
activities as needed
4.7.3 State — California Disaster Assistance Act (CDAA)
The California Disaster Assistance Act provides state financial assistance for recovery
efforts to counties, cities, special districts, and certain eligible private non-profit
agencies after a Cal OES Director's Concurrence or the Governor's
Proclamation. CDAA may be implemented as a "stand alone" funding source following a
state disaster.
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CDAA is available to counties, cities, and special districts to repair disaster -related
damages to public buildings, levees, flood control works, channels, irrigation works, city
streets, county roads, bridges, and other public works except those facilities used solely
for recreational purposes. This program offers a percentage of the eligible cost to: repair,
restore, reconstruct or replace public property or facilities; to cover direct and indirect
costs of grant administration with the Cal OES Director's concurrence; and to cover the
cost of overtime and supplies used for response. The conditions for implementation of the
CDAA are as follows:
• The Cal OES Director must concur with local emergency declaration for permanent
restoration assistance;
• The Governor must proclaim a state of emergency for disaster response and
permanent restoration assistance; or
• The President must declare a major disaster or emergency for matching fund
assistance for cost sharing required under federal public assistance programs
4.8 Hazard Mitigation Grant Programs
The Hazard Mitigation Grant Program (HMGP) activities are aimed at reducing or
eliminating future damages. Activities include hazard mitigation plans approvable by
FEMA and cost-effective hazard mitigation projects. HMGP grants are provided on a cost -
share of 75% federal share and 25% non-federal share.
Disaster Mitigation Act of 2000 (DMA2000)(Public Law 106-390) provides the legal basis
for FEMA mitigation planning requirements for State, local and Indian Tribal governments
as a condition of mitigation grant assistance. DMA 2000 amended the Robert T. Stafford
Disaster Relief and Emergency Assistance Act by repealing the previous mitigation
planning provisions and replacing them with a new set of requirements that emphasize
the need for State, local, and Indian Tribal entities to closely coordinate mitigation
planning and implementation efforts. The requirement for a State mitigation plan is
continued as a condition of disaster assistance, adding incentives for increased
coordination and integration of mitigation activities at the State level through the
establishment of requirements for two different levels of state plans.
The Pre -disaster Hazard Mitigation Act of 2010 (H.R. 1746 111th) amended the Robert T.
Stafford Relief and Emergency Assistance Act to reauthorize the pre -disaster mitigation
program of the Federal Emergency Management System (Disaster Mitigation Act of
2000). This bill was enacted after being signed by the President on January 4, 2011. The
Act states that each jurisdiction (counties, cities, towns, and special districts) must have
a Local Hazard Mitigation Plan (LHMP) approved by Cal OES in order to be eligible for
FEMA pre and post disaster mitigation funds. The objective of the LHMP is to save lives,
preserve property, and protect the environment during times of disaster. Riverside County
participated in the DMA2000 program and adopted the Riverside County Hazard
Mitigation Plan on May 2012.
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Federal funding is provided under the Robert T. Stafford Emergency Assistance and
Disaster relief Act (The Stafford Act) through FEMA and Cal OES. Cal OES is responsible
for identifying program priorities, reviewing applications and forwarding recommendations
for funding to FEMA. FEMA has final approval for activity eligibility and funding. The cost
of improving facilities may be included. The federal regulations governing the HMGP are
found in Title 44 of Code of Federal Regulations (44CFR) Part 206 and Part 13.
Mitigation is critical in reducing or eliminating disaster -related property damage and loss
of lives. The immediate post -disaster period presents a rare opportunity for mitigation.
During this time officials and citizens are more responsive to mitigation recommendations
and unique opportunities to rebuild or redirect development may be available. Recovery
plans benefit from addressing mitigation planning as part of the recovery process. The
following issues represent some information that would be useful in recovery sections of
emergency plans:
• Changes in building codes
• Variances or set -backs in construction
• Zoning, to reduce types of construction in high hazard areas
• Relocation or removal of structures from high hazard zones
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Appendix A — Glossary of Terms
This list contains definitions of terms commonly used in Emergency Management, the
Standardized Emergency Management System (SEMS), the National Incident
Management System (NIMS) and the Incident Command System (ICS)
Action Plan: The plan prepared in the EOC containing objectives for the emergency
response SEMS level reflecting overall priorities and supporting activities for a designated
period. See also Incident Action Plan.
Activate: At a minimum, a designated official of the emergency response agency that
implements SEMS as appropriate to the scope of the emergency and the agency's role
in response to the emergency.
After Action Report: A report covering response actions, application of SEMS,
modifications to plans and procedures, training needs, and recovery activities. After action
reports are required under SEMS after any emergency which requires a declaration of an
emergency. Reports are required within 90 days.
Agency: An agency is a division of government with a specific function, or a non-
governmental organization (e.g., private contractor, business, etc.) that offers a particular
kind of assistance. In ICS, agencies are defined as jurisdictional (having statutory
responsibility for incident mitigation), or assisting and/or cooperating (providing resources
and/or assistance). (See Assisting Agency, Cooperating Agency and Multi -agency.)
Agency Dispatch: The agency or jurisdictional facility from which resources are assigned
to incidents.
Agency Executive or Administrator: Chief executive officer (or designee) of the agency
or jurisdiction that has responsibility for the incident.
Agency Representative: An individual assigned to an incident or to an EOC from an
assisting or cooperating agency that has been delegated authority to make decisions on
matters affecting that agency's participation at the incident or at the EOC. Agency
Representatives report to the Liaison Officer at the incident, or to the Liaison Coordinator
at SEMS EOC levels.
Air Operations Branch Director: The person primarily responsible for preparing and
implementing the air operations portion of the Incident Action Plan. Also responsible for
providing logistical support to helicopters operating on the incident.
Allocated Resources: Resources dispatched to an incident.
Area Command: An organization established to: 1) oversee the management of multiple
incidents that are each being handled by an Incident Command System organization; or
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2) to oversee the management of a very large incident that has multiple Incident
Management Teams assigned to it. Area Command has the responsibility to set overall
strategy and priorities, allocate critical resources based on priorities, ensure that incidents
are properly managed, and ensure that objectives are met and strategies followed.
Assigned Resources: Resources checked in and assigned work tasks on an incident.
Assignments: Tasks given to resources to perform within a given operational period,
based upon tactical objectives in the Incident or EOC Action Plan.
Assistant: Title for subordinates of the Command Staff positions at the Field SEMS level.
The title indicates a level of technical capability, qualifications, and responsibility
subordinate to the primary positions. Assistants may also be used to supervise unit
activities at camps.
Assisting Agency: An agency directly contributing tactical or service resources to
another agency.
Available Resources: Incident -based resources which are available for immediate
assignment.
Base: The location at an incident at which primary logistics functions for an incident are
coordinated and administered. There is only one Base per incident. (Incident name or
other designator will be added to the term "Base.") The Incident Command Post may be
collocated with the Base.
Branch: The organizational level at the SEMS Field Level having functional or geographic
responsibility for major parts of incident operations. The Branch level is organizationally
between Section and Division/Group in the Operations Section, and between Section and
Units in the Logistics Section. Branches are identified by the use of Roman Numerals or
by functional name (e.g., medical, security, etc.).
Branch Director: The ICS title for individuals responsible for supervision of a Branch at
the Field Level. At SEMS EOC levels, the title Branch Coordinator is preferred.
Cache: A pre -determined complement of tools, equipment and/or supplies stored in a
designated location, available for incident use.
Camp: A geographical site, within the general incident area, separate from the Incident
Base, equipped and staffed to provide sleeping, food, water, and sanitary services to
incident personnel.
Chain of Command: A series of management positions in order of authority.
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Check-in: The process whereby resources first report to an incident or into an EOC.
Check-in locations at the SEMS Field level include: Incident Command Post (Resources
Unit), Incident Base, Camps, Staging Areas, Helibases, Helispots, and Division
Supervisors (for direct line assignments).
Clear Text: The use of plain English in radio communications transmissions. No Ten
Codes or agency specific codes are used when utilizing Clear Text.
Command: The act of directing, and/or controlling resources at an incident by virtue of
explicit legal, agency, or delegated authority. May also refer to the Incident Commander.
Command Post: (See Incident Command Post)
Command Staff: The Command Staff at the SEMS Field level consists of the Information
Officer, Safety Officer, and Liaison Officer. They report directly to the Incident
Commander. They may have an assistant or assistants, as needed. These functions may
also be found at the EOC levels in SEMS. At the EOC, they would report to the EOC
Director but may be designated as Coordinators. At EOCs, the functions may also be
established as Sections, or Branches to accommodate subsequent expansion.
Communications Unit: An organizational unit in the Logistics Section responsible for
providing communication services at an incident or an EOC. A Communications Unit may
also be a facility (e.g., a trailer or mobile van) used to provide the major part of an Incident
Communications Center.
Compacts: Formal working agreements among agencies to obtain mutual aid.
Compensation/Claims Unit: Functional unit within the Finance/Administration Section
responsible for financial concerns resulting from property damage, injuries or fatalities at
the incident or within an EOC.
Complex: Two or more individual incidents located in the same general area that are
assigned to a single Incident Commander or to a Unified Command.
Cooperating Agency: An agency supplying assistance other than direct tactical or
support functions or resources to the incident control effort (e.g., American Red Cross,
Telephone Company, etc.).
Coordination: The process of systematically analyzing a situation, developing relevant
information, and informing appropriate command authority of viable alternatives for
selection of the most effective combination of available resources to meet specific
objectives. The coordination process (which can be either intra- or inter -agency) does not
involve dispatch actions. However, personnel responsible for coordination may perform
command or dispatch functions within the limits established by specific agency
delegations, procedures, legal authority, etc. Multi -agency or Inter -agency coordination is
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found at all SEMS levels.
Coordination Center: Term used to describe any facility that is used for the coordination
of agency or jurisdictional resources in support of one or more incidents.
Cost Sharing Agreements: Agreements between agencies or jurisdictions to share
designated costs related to incidents. Cost sharing agreements are normally written but
may also be verbal between authorized agency or jurisdictional representatives at the
incident.
Cost Unit: Functional unit within the Finance/Administration Section responsible for
tracking costs, analyzing cost data, making cost estimates, and recommending cost-
saving measures.
Delegation of Authority: A statement provided to the Incident Commander by the
Agency Executive delegating authority and assigning responsibility. The Delegation of
Authority can include objectives, priorities, expectations, constraints and other
considerations or guidelines as needed. Many agencies require written Delegation of
Authority to be given to Incident Commanders prior to their assuming command on larger
incidents.
Demobilization Unit: Functional unit within the Planning Section responsible for assuring
orderly, safe and efficient demobilization of incident or EOC assigned resources.
Department Operations Center (DOC): A facility used by a distinct discipline, such as
flood operations, fire, medical, hazardous material, or a unit, such as Department of
Public Works, or Department of Health. Department Operations enters may be used at
all SEMS levels above the field response level depending upon the needs of the
emergency.
Deputy Incident Commander: A fully qualified individual who, in the absence of a
superior, could be delegated the authority to manage a functional operation or perform a
specific task. In some cases, a Deputy could act as relief for a superior and therefore
must be fully qualified in the position. Deputies may also be found as necessary at all
SEMS EOC levels.
Disaster: A sudden calamitous emergency event bringing great damage loss or
destruction.
Dispatch: The implementation of a command decision to move a resource or resources
from one place to another.
Dispatch Center: A facility from which resources are assigned to an incident.
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Division: Divisions are used to divide an incident into geographical areas of operation.
Divisions are identified by alphabetic characters for horizontal applications and, often, by
numbers when used in buildings. Divisions are also used at SEMS EOC levels and are
found organizationally between Branches and Units.
Division or Group Supervisor: The position title for individuals responsible for command
of a Division or Group at an Incident. At the EOC level, the title is Division Coordinator.
Documentation Unit: Functional unit within the Planning Section responsible for
collecting, recording and safeguarding all documents relevant to an incident or within an
EOC.
Emergency: A condition of disaster or of extreme peril to the safety of persons and
property caused by such conditions as air pollution, fire, flood, hazardous material
incident, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or
animal infestations or disease, the Governor's warning of an earthquake or volcanic
prediction, or an earthquake or other conditions, other than conditions resulting from a
labor controversy.
Emergency Management Coordinator: The individual within each jurisdiction that is
delegated the day to day responsibility for the development and maintenance of all
emergency management coordination efforts.
Emergency Medical Technician (EMT): A health-care specialist with particular skills and
knowledge in pre -hospital emergency medicine.
Emergency Operations Center (EOC): A location from which centralized emergency
management can be performed. EOC facilities are established by an agency or
jurisdiction to coordinate the overall agency or jurisdictional response and support to an
emergency.
Emergency Operations Plan: The plan that each jurisdiction has and maintains for
responding to appropriate hazards.
Emergency Response Agency: Any organization responding to an emergency, or
providing mutual aid support to such an organization, whether in the field, at the scene of
an incident, or to an operations center.
Emergency Response Personnel: Personnel involved with an agency's response to an
emergency.
Emergency Services Director: The individual within each political subdivision that has
overall responsibility for jurisdiction emergency management. For cities and counties, this
responsibility is commonly assigned by local ordinance.
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,,1 1 f lf/
EOC Action Plan: The plan developed at SEMS EOC levels which contains objectives,
actions to be taken, assignments and supporting information for the next operational
period.
Event: A planned, non -emergency activity. ICS can be used as the management system
for a wide range of events, e.g., parades, concerts or sporting events.
Facilities Unit: Functional unit within the Support Branch of the Logistics Section at the
SEMS Field Response Level that provides fixed facilities for the incident. These facilities
may include the Incident Base, feeding areas, sleeping areas, sanitary facilities, etc.
Field Operations Guide: A pocket-size manual of instructions on the application of the
Incident Command System.
Finance/Administration Section: One of the five primary functions found at all SEMS
levels which is responsible for all costs and financial considerations. At the incident the
Section can include the Time Unit, Procurement Unit, Compensation/Claims Unit and
Cost Unit.
Food Unit: Functional unit within the Service Branch of the Logistics Section responsible
for providing meals for incident and or EOC personnel.
Function: In ICS, function refers to the five major activities in the ICS, i.e., Command,
Operations, Planning, Logistics and Finance/Administration. The same five functions also
are found at all SEMS EOC levels. At the EOC, the term Management replaces
Command. The term function is also used when describing the activity involved, e.g., "the
planning function."
Functional Element: Refers to a part of the incident, EOC or DOC organization such as
section, branch, group or unit.
General Staff: The group of management personnel reporting to the Incident
Commander or to the EOC Director. They may each have a deputy, as needed. At the
Field SEMS level, the General Staff consists of the Operations Section Chief,
Planning/Intelligence Section Chief, Logistics Section Chief, and Finance/Administration
Section Chief. At the EOC levels, the position titles are Section Coordinators.
Ground Support Unit: Functional unit within the Support Branch of the Logistics Section
at the SEMS Field Response level that is responsible for the fueling, maintaining and
repairing of vehicles, and the transportation of personnel and supplies.
Group: Groups are established to divide the incident into functional areas of operation.
Groups are composed of resources assembled to perform a special function not
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necessarily within a single geographic division. (See Division.) Groups are located
between Branches (when activated) and Resources in the Operations Section.
Helibase: The main location for parking, fueling, maintenance, and loading of helicopters
operating in support of an incident. It is usually located at or near the incident base.
Helispot: Any designated location where a helicopter can safely take off and land. Some
helispots may be used for loading of supplies, equipment, or personnel.
Incident: An occurrence or event, either human -caused or by natural phenomena, that
requires action by emergency response personnel to prevent or minimize loss of life or
damage to property and/or natural resources.
Incident Action Plan: The plan developed at the field response level which contains
objectives reflecting the overall incident strategy and specific tactical actions and
supporting information for the next operational period. The plan may be oral or written.
Incident Base: Location at the incident where the primary logistics functions are
coordinated and administered. The Incident Command Post may be collocated with the
Base. There is only one Base per incident.
Incident Commander: The individual responsible for the command of all functions at the
field response level.
Incident Command Post (ICP): The location at which the primary command functions
are executed. The ICP may be collocated with the incident base or other incident facilities.
Incident Command System (ICS): The nationally used standardized on -scene
emergency management concept specifically designed to allow its user(s) to adopt an
integrated organizational structure equal to the complexity and demands of single or
multiple incidents without being hindered by jurisdictional boundaries. ICS is the
combination of facilities, equipment, personnel, procedures, and communications
operating within a common organizational structure, with responsibility for the
management of resources to effectively accomplish stated objectives pertinent to an
incident.
Incident Communications Center: The ICS facility designated for use by the
Communications Unit and the Message Center.
Incident Management Team: The Incident Commander and appropriate General and
Command Staff personnel assigned to an incident.
Incident Objectives: Statements of guidance and direction necessary for the selection
of appropriate strategy(s), and the tactical direction of resources. Incident objectives are
based on realistic expectations of what can be accomplished when all allocated resources
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have been effectively deployed. Incident objectives must be achievable and measurable,
yet flexible enough to allow for strategic and tactical alternatives.
Initial Action or Response: The actions taken by resources which are the first to arrive
at an incident or the resources initially committed to an incident.
Jurisdiction: The range or sphere of authority. Public agencies have jurisdiction at an
incident related to their legal responsibilities and authority for incident mitigation.
Jurisdictional authority at an incident can be political/geographical (e.g., special district
city, county, state or federal boundary lines), or functional (e.g., Sheriff's Office, health
department, etc.). (See Multi -jurisdiction.)
Jurisdictional Agency: The agency having jurisdiction and responsibility for a specific
geographical area, or a mandated function.
Landing Zone: (See Helispot.)
Leader: The ICS title for an individual responsible for a functional unit, task forces, or
teams.
Liaison Officer: A member of the Command Staff at the Field SEMS level responsible
for coordinating with representatives from cooperating and assisting agencies. At SEMS
EOC levels, the function may be done by a Coordinator and/or within a Section or Branch
reporting directly to the EOC Director.
Life -Safety: Refers to the joint consideration of both the life and physical well-being of
individuals.
Local Government: Means local agencies per Article 3 of the SEMS regulations. The
Government Code 8680.2 defines local agencies as any city, city and county, county,
school district or special district.
Logistics Section: One of the five primary functions found at all SEMS levels. The
Section responsible for providing facilities, services and materials for the incident or at an
EOC.
Management by Objectives: In SEMS field and EOC levels, this is a top-down
management activity which involves a three-step process to achieve the desired goal.
The steps are: establishing the objectives, selection of appropriate strategy(s) to achieve
the objectives; and the direction or assignments associated with the selected strategy.
Master Mutual Aid Agreement: An agreement entered into by and between the State of
California, its various departments and agencies, and the various political subdivision,
municipal corporations, and other public agencies of the State of California to assist each
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other by providing resource during an emergency Mutual aid occurs when two or more
parties agree to furnish resources and facilities and to render services to each other to
prevent and combat any type of disaster or emergency.
Medical Unit: Functional unit within the Service Branch of the Logistics Section at SEMS
Field levels responsible for the development of the Medical Emergency Plan, and for
providing emergency medical treatment of incident personnel.
Message Center: The Message Center is part of the Incident or EOC Communications
Center and is collocated or placed adjacent to it. It receives, records, and routes
information to appropriate locations at an incident or within an EOC.
MHOAC: Medical Health Operational Area Coordinator; a functional position established
by Health and Safety Code &1979.153. In the event of a local, State, or federal declaration
of emergency, the MHOAC provides a 24 hour, seven day a week capability to staff public
health and medical emergency operations.
Mobilization: The process and procedures used by all organizations federal, state and
local for activating, assembling, and transporting all resources that have been requested
to respond to or support an incident.
Multi -Agency or Inter -Agency Coordination: The participation of agencies and
disciplines involved at any level of the SEMS organization working together in a
coordinated effort to facilitate decisions for overall emergency response activities,
including the sharing of critical resources and the prioritization of incidents.
Multi -Agency Coordination System (MACS): The combination of personnel, facilities,
equipment, procedures and communications integrated into a common system. When
activated, MACS has the responsibility for coordination of assisting agency resources and
support in a multi -agency or multijurisdictional environment. A MAC Group functions
within the MACS. MACS organizations are used within the California Fire Services.
Multi -Agency Incident: An incident where one or more agencies assist a jurisdictional
agency or agencies. The incident may be managed under single or unified command.
Multi -jurisdiction Incident: An incident requiring action from multiple agencies that have
a statutory responsibility for incident mitigation. In ICS these incidents will be managed
under Unified Command.
Mutual Aid Agreement: Written agreement between agencies and/or jurisdictions in
which they agree to assist one another upon request, by furnishing personnel and
equipment.
Mutual Aid Coordinator: An individual at local government, operational area, region or
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state level that is responsible to coordinate the process of requesting, obtaining,
processing and using mutual aid resources. Mutual Aid Coordinator duties will vary
depending upon the mutual aid system.
Mutual Aid Region: A mutual aid region is a subdivision of state OES established to
assist in the coordination of mutual aid and other emergency operations within a
geographical area of the state, consisting of two or more county (operational) areas.
Operational Area: An intermediate level of the state emergency organization, consisting
of a county and all political subdivisions within the county area.
Operational Period: The period of time scheduled for execution of a given set of
operation actions as specified in the Incident or EOC Action Plan. Operational Periods
can be of various lengths, although usually not over 24 hours.
Operations Section: One of the five primary functions found at all SEMS levels. The
Section responsible for all tactical operations at the incident, or for the coordination of
operational activities at an EOC. The Operations Section at the SEMS Field Response
Level can include Branches, Divisions and/or Groups, Task Forces, Teams, Single
Resources and Staging Areas. At the EOC levels, the Operations Section would contain
Branches or Divisions as necessary because of span of control considerations.
Out -of -Service Resources: Resources assigned to an incident but unable to respond
for mechanical, rest, or personnel reasons.
Planning Meeting: A meeting held as needed throughout the duration of an incident to
select specific strategies and tactics for incident control operations and for service and
support planning. On larger incidents, the planning meeting is a major element in the
development of the Incident Action Plan. Planning meetings are also an essential activity
at all SEMS EOC levels.
Planning/Intelligence Section: One of the five primary functions found at all SEMS
levels. Responsible for the collection, evaluation, and dissemination of information related
to the incident or an emergency, and for the preparation and documentation of Incident
or EOC Action Plans. The section also maintains information on the current and
forecasted situation, and on the status of resources assigned to the incident. At the SEMS
Field Response level, the Section will include the Situation, Resource, Documentation,
and Demobilization Units, as well as Technical Specialists.
Procurement Unit: Functional unit within the Finance/Administration Section responsible
for financial matters involving vendor contracts.
Public Information Officer (P10): A member of the Command Staff responsible for
interfacing with the public and media or with other agencies requiring information directly
from the incident. There is only one PIO per incident. The PIO may have assistants. At
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SEMS EOC levels, the information function may be established as a Coordinator or as a
section or branch reporting directly to the EOC Director.
Recorders: Individuals within ICS or EOC organizational units who are responsible for
recording information. Recorders may be found in Planning, Logistics and
Finance/Administration Units.
Regional Emergency Operations Center (REOC): Facilities found at State OES
Administrative Regions. REOCS are used to coordinate information and resources
among operational areas and between the operational areas and the state level.
RDMHS: Regional Disaster Medical Health Specialist - performs the Medical and Health
Branch functions in the REOC, providing support and coordination to the MHOAC
Reporting Locations: Specific locations or facilities where incoming resources can
check-in at the incident. (See Check-in.)
Resources: Personnel and equipment available, or potentially available, for assignment
to incidents or to EOCs. Resources are described by kind and type, and may be used in
tactical support or supervisory capacities at an incident or at EOCs.
Resources Unit: Functional unit within the Planning Section at the SEMS Field
Response level responsible for recording the status of resources committed to the
incident. The Unit also evaluates resources currently committed to the incident, the impact
that additional responding resources will have on the incident, and anticipated resource
needs.
Safety Officer: A member of the Command Staff at the incident or within an EOC
responsible for monitoring and assessing safety hazards or unsafe situations, and for
developing measures for ensuring personnel safety. The Safety Officer may have
assistants.
Section: That organization level with responsibility for a major functional area of the
incident or at an EOC, e.g., Operations, Planning, Logistics, Administration/Finance.
Section Chief: The ICS title for individuals responsible for command of functional
sections: Operations, Planning/Intelligence, Logistics and Administration/Finance. At the
EOC level, the position title will be Section Coordinator.
Service Branch: A Branch within the Logistics Section responsible for service activities
at the incident. Includes the Communications, Medical and Food Units.
Single Resource: An individual, a piece of equipment and its personnel complement, or
a crew or team of individuals with an identified work supervisor that can be used on an
incident.
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Situation Unit: Functional unit within the Planning Section responsible for the collection,
organization and analysis of incident status information, and for analysis of the situation
as it progresses. Reports to the Planning Section Chief.
Span of control: The supervisory ratio maintained within an ICS or EOC organization.
A span of control of five -positions reporting to one supervisor is considered optimum.
Special District: A unit of local government (other than a city, county, or city and county)
with authority or responsibility to own, operate or maintain a project (as defined in
California Code of Regulations 2900(s) for purposes of natural disaster assistance. This
may include a joint powers authority established under section 6500 et seq. of the Code.
Staging Area: Staging Areas are locations set up at an incident where resources can be
placed while awaiting a tactical assignment. Staging Areas are managed by the
Operations Section.
Staging Area Managers: Individuals within ICS organizational units that are assigned
specific managerial responsibilities at Staging Areas.
Standardized Emergency Management System (SEMS): A system required by
California Government Code for managing response to multi -agency and multi -
jurisdiction emergencies in California. SEMS consists of five organizational levels which
are activated as necessary: Field Response, Local Government, Operational Area,
Region, and State.
State Operations Center (SOC): An EOC facility operated by the California Office of
Emergency Services at the state level in SEMS.
Strategy: The general plan or direction selected to accomplish incident or EOC
objectives.
Supply Unit: Functional unit within the Support Branch of the Logistics Section
responsible for ordering equipment and supplies required for incident operations.
Support Branch: A Branch within the Logistics Section responsible for providing
personnel, equipment and supplies to support incident operations. Includes the Supply,
Facilities and Ground Support Units.
Support Resources: Non -tactical resources under the supervision of the Logistics,
Planning, Finance/Administration Sections or the Command Staff.
Supporting Materials: Refers to the several attachments that may be included with an
Incident Action Plan, e.g., communications plan, map, safety plan, traffic plan, and
City of Temecula EOP 101
VO TEMfC
C Y.
City of Temecula Emergency Operations Plan
2019
medical plan.
Tactical Direction: Direction given by the Operations Section Chief at the SEMS Field
level which includes the tactics appropriate for the selected strategy, the selection and
assignment of resources, tactics implementation, and performance monitoring for each
operational period.
Task Force: A combination of single resources assembled for a particular tactical need,
with common communications and a leader.
Technical Specialists: Personnel with special skills that can be used anywhere within
the ICS or EOC organization.
Time Unit: Functional unit within the Finance/Administration Section responsible for
recording time for incident or EOC personnel and hired equipment.
Type: Refers to resource capability. A Type 1 resource provides a greater overall
capability due to power, size, capacity, etc., than would be found in a Type 2 resource.
Resource typing provides managers with additional information in selecting the best
resource for the task.
Unified Area Command: A Unified Area Command is established when incidents under
an Area Command are multijurisdictional. (See Area Command and Unified Command.)
Unified Command: In ICS, Unified Command is a unified team effort which allows all
agencies with responsibility for the incident, either geographical or functional, to manage
an incident by establishing a common set of incident objectives and strategies. This is
accomplished without losing or abdicating agency authority, responsibility or
accountability.
Unit: An organizational element having functional responsibility. Units are commonly
used in incident Planning, Logistics, or Finance/administration sections and can be used
in operations for some applications. Units are also found in EOC organizations.
Unity of Command: The concept by which each person within an organization reports
to one and only one designated person.
City of Temecula EOP 102
Item No. 6
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: December 11, 2018
SUBJECT: Approve the Fourth Amendment to Agreement with the Temecula Valley Unified
School District for Joint Use of a Portion of Temecula Elementary School
PREPARED BY: Erica Russo, Community Services Superintendent
RECOMMENDATION: That the City Council approve the Fourth Amendment to the
Agreement with the Temecula Valley Unified School District for Joint Use of a Portion of
Temecula Elementary School.
BACKGROUND: Since 1996, the City of Temecula has maintained a Joint Use
Agreement with the Temecula Valley Unified School District in order to utilize the pool and
athletic fields at Temecula Elementary School for providing the community with access to
aquatics and sports lessons and activities. Over 330 people participate in City Aquatics
programs each summer at the TES pool, and over 650 in City youth and adult Sports programs
on the fields. Counting spectators and non -unique participants, the combined facilities see foot -
traffic of over 32,000 visitors per year.
In 1997, the parties executed a First Amendment to the Agreement to define the improvement
and maintenance obligations of the City. In 2003, the parties entered into a Second
Amendment which expanded the City's access to the facilities as well as its maintenance
obligations. In April of 2018, the parties entered into a Third Amendment to extend the term of
the existing Agreement through December 31, 2018. The proposed amendment would extend
the term until December 31, 2019. This extension will provide continued legal protection for
both parties as well as an opportunity to negotiate a new agreement governing the facilities.
FISCAL IMPACT: This Amendment will continue the existing expenditure and
revenue impacts, which have been budgeted accordingly as part of the Annual Operating
Budget and Capital Improvement Project process.
ATTACHMENTS: Fourth Amendment
FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND
THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR JOINT USE
OF A PORTION OF TEMECULA ELEMENTARY SCHOOL
This FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA
AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR JOINT USE OF A
PORTION OF TEMECULA ELEMENTARY SCHOOL ("Fourth Amendment") is made and
entered into as of December 11, 2018 by and between the City of Temecula, a municipal
corporation ("City") and the Temecula Valley Unified School District ("District"). The City and
District are referred to below collectively as the "parties". In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1. RECITALS TO FOURTH AMENDMENT. This Fourth Amendment is made
with respect to the following facts and for the following purposes, each of which is acknowledged
as true and correct by the parties:
a. On December 10, 1996, the City and the District entered into that certain
agreement entitled "Agreement between the City of Temecula and Temecula Valley Unified
School District for the Joint Use of a Portion of Temecula Elementary School ("1996
Agreement").
b. On August 26, 1997, the City and the District entered into that certain
First Amendment to the 1996 Agreement ("First Amendment"). Pursuant to said First
Amendment, the parties set forth certain improvement and maintenance obligations of the City
with respect to the City's joint use of a portion of Temecula Elementary School.
c. On October 21, 2003, the City and the District entered into that certain
Second Amendment to the 1996 Agreement ("Second Amendment"). Pursuant to the Second
Amendment, the City and District amended Section 4, titled "Apportionment of Use of Property
by City and District", to provide for greater use of the pool by the City, and to set forth the
obligations of the parties regarding apportionment of the use of a portion of the Temecula
Elementary School. The Second Amendment also set forth the respective maintenance
obligations of the parties regarding said portion of the Temecula Elementary School.
d. On April 24, 2018, the City and the District entered into that certain Third
Amendment to the 1996 Agreement ("Third Amendment") extending the term to December
31, 2018.
e. The 1996 Agreement, as amended by the First, Second, and Third
Amendments, is referred to below as the "Agreement".
f. The City and the District wish to enter into this Fourth Amendment to
extend the term of the Agreement to December 31, 2019.
2. Section 3, titled "Term of the Agreement", is amended to read as follows:
3. Term of Agreement. The term of this Agreement is from
December 1, 1996 through December 31, 2019; provided, however, that
this Agreement may be amended by a writing executed by both parties.
-1-
11086-0007\2173429v1.doc
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement, as amended by the First Amendment, Second Amendment, and Third
Amendment, shall remain in full force and effect.
11086-0007\2173429v1.doc
IN WITNESS WHEREOF, the parties hereto have entered into this Fourth Amendment as of
the date set forth above.
CITY OF TEMECULA, a California TEMECULA VALLEY UNIFIED SCHOOL
municipal corporation DISTRICT
By: By:
Matt Rahn, Mayor Kristi Rutz -Robbins, President
ATTEST: ATTEST:
By: By:
Randi Johl, City Clerk Sandy Hinkson, Board Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
-3-
11086-000712173429v1.doc
Item No. 7
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Michael Heslin, Director of Information Technology and Support Services
DATE: December 11, 2018
SUBJECT: Approve the Purchase of 50 Hewlett Packard (HP) Desktop Computers from
Newport West Computers, Inc. for Lifecycle Replacement
PREPARED BY: Jayme Fox, Administrative Assistant
RECOMMENDATION: That the City Council authorize the purchase of 50 HP desktop
computers from Newport West Computers, Inc., in the amount of $39,452.33, including sales
tax and shipping.
BACKGROUND: The City adheres to a five-year lifecycle for all City computers.
This allows the City to meet security requirements and ensure staff productivity and customer
service. It also allows the City to budget for and schedule replacements accordingly.
The City has standardized on HP equipment for all desktop computers. These computers are
also Energy Star Certified and designed to consume a minimal amount of electricity for a
reduced impact on the environment.
On October 30, 2018, the City solicited a Request for Quotes (RFQ) via the City's online bidding
system, PlanetBids. A total of 289 vendors were notified of the RFQ. On November 14, 2018, a
total of 13 vendors submitted a responsive quote, none of which were local vendors. The low
qualified bidder was Newport West Computers, Inc., from Irvine, California, in the amount of
$39,452.33. The solicitation did include the Local Vendor Preference Ordinance language as
adopted in July 2012.
FISCAL IMPACT: Adequate funds have been appropriated in the Fiscal Year 2018-
19 Information Technology Budget.
ATTACHMENT: Quote
NEWPORT WEST
COMPUTERS INC
15615 ALTON PKWY STE #450
I RV INE, CA 92618
888.979.5678
Customer
CITY OF TEMECULA
41000 MAIN ST
TEMECULA, CA 92590
ATTN: JAYME FOX
PRICE QUOTATION
Date
RFQ #
11/21/2018
57280
Ship To
CITY OF TEMECULA
41000 MAIN ST
TEMECULA, CA 92590
Ref No.
Terms
Rep
Valid Till
Ship Via
FOB
RFQ #18-01
Net 30
GHl 10
12/20/2018
FEDEX-G
DEST
Item
Description
Qty
Unit Cost
Amount
4DP54UT#ABA
HP EliteDesk 800 G4 - SFF - 1 x Core i5 8500 / 3 GHz - RAM
8 GB - SSD 256 GB - NVMe - DVD -Writer - UHD Graphics
630 - GigE - Win 10 Pro 64-bit - vPro
Note: Pricing Good Till Dec 20th unless HP increases the
MSRP due to Tamils.
50
725.56
36,278.00
Thank you for the opporunity
o bid on this, we appreciate it very much.
Signature
Subtotal $36,278.00
Sales Tax (8.75%) $3,174.33
Total $39,452.33
Item No. 8
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: December 11, 2018
SUBJECT: Approve the Second Amendment to the Disposition and Development
Agreement between the City of Temecula, Successor Agency to the
Temecula Redevelopment Agency, and Town Square Marketplace Old Town,
LLC
PREPARED BY: Lynn Kelly -Lehner, Principal 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 APPROVING THE SECOND AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO
THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN
SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING
APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON
MAIN STREET WEST OF MERCEDES STREET
BACKGROUND: The Subject Property, also known as the Town Square
Marketplace (TSMP), is considered the third and final phase of the overall Civic Center
development. The Subject Property consists of the vacant pads flanking the Town Square Park
to the north and south. Town Square Marketplace is envisioned as a commercial mixed-use
development that will complement the Civic Center and Town Square Park.
In March 2014, staff met the Civic Center Subcommittee (Subcommittee), then consisting of
Council Members Comerchero and Roberts, to receive direction on the future development of
the TSMP. On March 11, 2014, the City issued a Request for Interest to solicit interest from
qualified firms for the development of the TSMP, at the direction of the Subcommittee.
On August 14, 2014, the Subcommittee, along with staff, conducted interviews of the three
applicants. The Subcommittee unanimously chose Town Square Marketplace Old Town. LLC
(also known as Truax Development) as the preferred candidate to enter into an Exclusive
Negotiating Agreement and Disposition and Development Agreement.
On December 13, 2016, the City Council and the Successor Agency approved a Disposition and
Development Agreement (DDA) with Truax Development outlining the terms of the purchase
and sale of the property, due diligence period, schedule of performance, deposit, scope of
development, and close of escrow.
On June 12, 2018, the City Council and Successor Agency approved the First Amendment to
the DDA amending the term involving the close of escrow by extending the term by an
additional six (6) from the approval of the amendment to allow for the proper analysis of a
current appraisal of the property. The amendment also required that the Developer bear the
cost of all future appraisals.
The developer is requesting approval of the Second Amendment to the DDA to extend the close
of escrow to June 13, 2019. Neither the City nor the Successor Agency have an obligation to
extend the term beyond this date. This amendment includes a provision stipulating that if the
Developer does not complete all foundation work within 18 calendar months after the close of
escrow, the City may elect to purchase back the property at the purchase price the developer
paid, minus fees.
FISCAL IMPACT: The TSMP site is a former Redevelopment Agency owned
property. Due to the dissolution of the Redevelopment Agency in 2012, the site was
transferred to the Successor Agency to the Temecula Redevelopment Agency. Legislation
pertaining to the dissolution of Redevelopment required the Successor Agency to produce a
Long Range Property Management Plan (LRPMP), in which the Successor Agency was
required to identify any former non -housing properties that owned by the Successor Agency,
and the intention of development and or disposition of the properties. The LRPMP identified the
TSMP site as "retained for future development." While the site was purchased with funds
sourced solely from the former Temecula Redevelopment Agency, Redevelopment dissolution
law requires that when former Redevelopment Agency properties are sold, the proceeds of the
sale must be divided up amongst the taxing entities that received property tax, based on their
proportionate share of each property tax dollar collected. Based on the proportionate share of
each property tax dollar collected by the County of Riverside, the proceeds of the sale of the
TSMP site that would be disbursed back to the City is estimated to be approximately $150,000
(approximately 5%). Section 3.8 of the DDA stipulates that the City's portion of the sales
proceeds are to reimburse the Developer for actual costs incurred in the construction of the
public restrooms and electrical infrastructure for the Town Square Park.
Further, the Redevelopment dissolution law requires that the site be sold at fair market value. If
the site is not sold at fair market value, then the Successor Agency must negotiate
Compensation Agreements with each individual taxing entity receiving property tax and the
developer would be subject to prevailing wage requirements. The Successor Agency is
proposing to sell the property at fair market value, and will not be required to enter into
Compensation Agreements with the taxing entities.
ATTACHMENTS:
1. DDA Extension Request Letter
2. Second Amendment to the Disposition and Development
Agreement
3. Resolution
TRUAX DEVELOPMENT, INC.
41923 Second Street, Suite 401
Temecula, CA 92590
November 14, 2018
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: Mr. Aaron Adams, City Manager
RE: City Marketplace DDA Extension Request to June 13, 2019
Dear Mr. Adams,
951-693-2008 Main
951-693-2007 Fax
Truax Development would like the City to consider our request for a DDA extension. As you are aware
our current DDA is scheduled to have us close on the Marketplace project on or about December 13,
2018. We have submitted Construction Documents for Plan Check review and we are working on the city
comments from that plan check. At the same time, we are incorporating tenant requirements into the
plans for second submittal. We met with Luke Watson last month to final the electrical requirements on
the park and this required we change the service to the building and have SCE revise their power
drawings. The final item to be corrected was the clarification on the public restrooms which is now
resolved. The funding on the Marketplace cannot be completed until we have obtained building permits
and enter into a contract with our General Contractor.
Therefore, Truax Development is requesting a delay of Six (6) months on the DDA.
Truax Development is committed to funding and completing the Marketplace project. It is our sincere
hope and desire that the City will grant us an extension on the DDA.
We look forward to hearing from you and thank you for your consideration. Please confirm this meets the
Cities approval.
Sincerel
Ross Jackson
Director of Development and Construction
Truax Development
cc: Mr. Greg Butler, Assistant City Manager
Mr. Luke Watson, Director of Community Development
SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
by and among the
SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY,
the CITY OF TEMECULA,
a municipal corporation
and
TOWN SQUARE MARKETPLACE OLD TOWN, LLC,
a California limited liability company
SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is dated as of December 11, 2018, and is entered into by and
among the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY
(the "Successor Agency"), the CITY OF TEMECULA, a municipal corporation ("City") and
TOWN SQUARE MARKETPLACE OLD TOWN, LLC, a California limited liability company
("Developer").
RECITALS
A. The City and the Successor Agency entered into a Disposition and Development
Agreement dated December 13, 2016 and amended it by a First Amendment to Disposition and
Development Agreement dated June 12, 2018 (as so amended, the "DDA") which provided for,
among other things, the sale of certain land and improvements by the Successor Agency to the
City, and then by the City to the Developer for the purpose of developing a commercial project
with assorted retail and restaurants.
B. The City, the Successor Agency, and the Developer have agreed to modify the
DDA as herein after set forth in order to allow for extensions by the City Manager of the
deadline for the Close of Escrow and appraisal updates so that the purchase price, as of the Close
of Escrow, is at fair market value.
NOW, THEREFORE, in consideration of the foregoing recitals and other considerations,
the adequacy of which is hereby acknowledged, the City, the Successor Agency, and the
Developer hereby agree as follows:
1. DDA Modifications. The DDA is hereby modified as follows:
i. Section 2.3 of the DDA is hereby amended to read as follows:
"2.3 Opening and Closing of Escrow. Within three (3) business days after the
date this Agreement is fully executed and delivered to Developer, the Parties shall deposit
with Escrow Holder a fully executed duplicate original of this Agreement as the initial
escrow instructions for the Escrow, and shall cause an escrow (the "Escrow") to be
opened with Escrow Holder for the sale of the Property by the City to Developer. The
City and Developer shall provide such additional instructions as shall be necessary and
consistent with this Agreement. The Close of Escrow is conditioned upon the satisfaction
(or written waiver) of the conditions set forth in Sections 2.5 and 2.6. Escrow must close
(the "Close of Escrow") on or before June 13, 2019 and neither the Successor Agency nor
the City shall have any obligation whatsoever, express or implied, to extend such date for
any reason. If the Close of Escrow does not occur by such date (as it may have been so
extended), then any party not then in default may terminate this Agreement by written
notice to the other and all the funds and documents deposited with Escrow Agent shall be
promptly refunded or returned, as the case may be, by Escrow Agent to the depositing
party, except that all escrow and title cancellation fees shall be paid by Developer."
-1-
ii. Section 2.1 is hereby amended to read as follows:
"2.1 Purchase and Sale; Purchase Price. In accordance with and subject to
the terms and conditions hereinafter set forth, the Successor Agency agrees to convey and
sell the Land to the City, which in turn agrees to substantially concurrently convey and
sell the Land to Developer, and Developer agrees to purchase the Land from the City.
The purchase price for the Land to be paid by the City to the City as Successor Agency,
and to be paid by Developer to City (the "Purchase Price") shall be the fair market value
of the Land based on an appraisal ("Appraisal") (or appraisal update, hereinafter referred
to as "Appraisal Update") obtained by City as Successor Agency from a reputable MAI
appraiser at Developer's cost that is dated no earlier than six (6) months prior to the Close
of Escrow. Developer shall reimburse City (or Successor Agency, as applicable) for the
costs of such appraisal within ten (10) days after written demand, and such
reimbursement shall be an additional condition to the City's obligation to close.
Notwithstanding anything to the contrary contained herein, the Close of Escrow shall not
occur until such time as the Closing Conditions, as defined in Sections 2.5 and 2.6 hereof,
have been satisfied or expressly waived in writing."
iii Section 3.1 is hereby amended to read as follows:
"3.1 Development of the Project; City Option to Purchase. Developer shall
develop and construct the Improvements on the Land in accordance with the
Development Plan, approved by the City Council on February 27, 2018 (Planning
Application No. PA -17-0324), and any amendments to this Development Plan as may be
approved by the City Council in its sole discretion, all requirements of any and all
applicable federal, state and local laws, rules and regulations (including any conditions of
approval required by the City in its governmental capacity), the Plans and Specifications,
all applicable permits, and all other terms, conditions and requirements of this
Agreement. Developer shall provide the City with written, detailed progress reports, as
reasonably requested by the City, regarding the status of the construction of the
Improvements.
If Developer does not complete all foundation work by the date that is
eighteen (18) calendar months after the close of Escrow, City may elect by written notice
to Developer to purchase the Land and Improvements by paying to Developer a sum
equal to the Purchase Price less the costs of a CLTA title policy in favor of City from
Title Company and escrow fees for the repurchase escrow at the Title Company. The
City Manager shall execute and authorize a reasonable subordination agreement with
respect to such option if required by Developer's construction lender in order to close its
construction loan for the Improvements and confirm that the construction loan deed of
trust is senior to the City's option and the City Manager shall deliver it to the escrow for
the loan closing, in which case all sale proceeds shall first be used to pay any sums
outstanding under said construction loan (and the title policy costs and escrow fees)
before being paid to Developer.
-2-
Developer and City shall reasonably and diligently cooperate in opening escrow
and closing the repurchase transaction. The closing of the repurchase transaction shall
occur not later than thirty (30) days after the date of City's notice of election to repurchase.
iv. Exhibit "D" (the form of Grant Deed) shall be replaced with the revised
form of Grant Deed attached hereto as Attachment No. 1.
2. Condition Precedent. The effectiveness of this Amendment is conditioned upon
the approval of this Amendment by the Oversight Board of the Successor Agency, and the approval
of the Successor Agency's approval by the California Department of Finance ("DOF") or the
DOF's failure to timely respond within the time permitted by law.
IN WITNESS WHEREOF, the Parties hereto have entered into this Amendment as
of the day and year first above written.
DEVELOPER: CITY:
TOWN SQUARE MARKETPLACE OLD CITY OF TEMECULA
TOWN LLC,
a California limited liability company
By: BIIAJ, LLC,
a California limited liability company
Managing Member
By:
Bernard L. Truax II,
Manager
By:
Matt Rahn
Mayor
ATTEST:
Randi Johl
City Clerk
APPROVED AS TO FORM:
By:
-3-
Peter Thorson
City Attorney
SUCCESSOR AGENCY:
SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT
AGENCY
By:
-4-
Matt Rahn
Chair
ATTACHMENT NO. 1
REVISED FORM OF GRANT DEED
(Attached.)
-1-
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO,
AND MAIL TAX STATEMENTS TO:
Town Square Marketplace Old Town LLC
c/o Truax Developments
41923 Second Street
Temecula, CA 92590
Attn; Bernard L. Truax, II
APN(s): 922-360-004-6, 005-7, 006-8 and
007-9
Space above for Recorder's Use) Exempt From Recording Fee Per Government Code Section 27383
Documentary transfer tax is $ based on the full value of the property conveyed.
GRANT DEED AND COVENANTS/RESTRICTIONS
The undersigned grantor(s) declare(s):
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY
OF TEMECULA "Grantor") hereby GRANTS to TOWN SQUARE MARKETPLACE OLD
TOWN LLC, a California limited liability company ("Grantee") the land (the "Land") located in
the City of Temecula, County of Riverside, State of California described on Exhibit "A".
SUBJECT TO, all matters of record.
1. This grant of the Land is subject to (i) the terms of a Disposition and
Development Agreement entered into by and between Grantor and Grantee dated as of
December 13, 2016, as amended by amendments dated June 12, 2018 and December 11, 2018
(the "Agreement") the terms of which are incorporated herein by reference (and which include
maintenance covenants, as well as the matters described in Section 2, 3 and 4 below, and a right
to repurchase in favor of the Grantor); and (ii) the restriction that the Land be used solely to
develop and construct the Improvements as defined and described in the Agreement. A copy of
the Agreement is available for public inspection at the offices of the Grantor at 41000 Main
Street, Temecula, California 92590.
2. The public bathrooms described in the Agreement (to be constructed by Grantee)
shall remain open and available to the public. Grantor shall, at Grantor's cost, clean the
bathrooms once a day, subject to delays beyond the control of Grantor, and shall maintain and
repair the inside of the bathrooms.
The Grantee covenants, for itself and its successors and assigns, that there shall be no sale,
transfer, assignment, conveyance, lease, pledge or encumbrance of the DDA, or the Land and the
Improvements thereon or any part thereof, or of ownership interests in the Grantee in violation of
the DDA, which contains restrictions on the assignment of the DDA, the transfer of interests in
D-1
the Land, and any such sale, transfer, assignment, conveyance, lease. pledge or encumbrance that
violates the DDA shall be ineffective and void.
3. Grantee agrees as follows:
(a) The Grantee covenants and agrees that Grantee shall not discriminate against or
segregate any person or group of persons on account of any basis listed in subdivision (a) and
(d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section
12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall the Grantee establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The
foregoing covenant shall run with the land.
(b) Notwithstanding paragraph (a), with respect to familial status, paragraph (a) shall
not be construed to apply to housing for older persons, as defined in Section 12955.9 of the
Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for
senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph
(a).
(c) All deeds, leases or contracts made or entered into by the Grantee, its successors
or assigns, as to any portion of the Property shall contain therein the following language:
(1) In deeds:
"(A) Grantee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on account of any basis listed in
subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955
and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee or any
person claiming under or through the grantee, establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The
foregoing covenant shall run with the land.
(B) Notwithstanding paragraph (A), with respect to familial status,
paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall
be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code,
relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall
apply to paragraph (A)."
(2) In leases:
"(A) Lessee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or through them, that there shall be no discrimination
D-2
against or segregation of, any person or group of persons on account of any basis listed in
subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955
and Section 12955.2 of the Government Code in the leasing, subleasing, transferring, use,
occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee or any person
claiming under or through the lessee, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.
(B) Notwithstanding paragraph (A), with respect to familial status,
paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall
be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code,
relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall
apply to paragraph (A)."
(3) In contracts with respect to the sale, lease, sublease, transfer, use, or
occupancy, of the Property:
"(A) There shall be no discrimination against or segregation of, any
person or group of persons on account of any basis listed in subdivision (a) and (d) of Section
12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of
the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment
of the property nor shall the transferee or any person claiming under or through the transferee
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees of the land.
(B) Notwithstanding paragraph (A), with respect to familial status,
paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall
be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code,
relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall
apply to paragraph (A)."
4. All covenants contained in this Grant Deed shall run with the land and shall be
binding for the benefit of Grantor and its successors and assigns and such covenants shall run in
favor of the Grantor and for the entire period during which the covenants shall be in force and
effect, without regard to whether the Grantor is or remains an owner of any land adjacent to the
Land or interest in such adjacent land or any other land. The Grantor, in the event of any breach
of any such covenants, shall have the right to exercise all of the rights and remedies available
under the Agreement or at law or in equity. The covenants contained in this Grant Deed shall be
for the benefit of and shall be enforceable only by the Grantor and its successors and assigns.
D-3
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth
below.
Dated: , 2018
CITY OF TEMECULA
By:
Print Name:
Title:
ATTEST:
Randi Johl, City Clerk
D-4
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
, 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)
D-5
EXHIBIT "A" TO GRANT DEED
AND COVENANTS/RESTRICTIONS
Real property in the City of Temecula, County of Riverside, State of California, described as
follows:
THOSE CERTAIN PARCELS OF LAND SITUATED IN THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PARCELS 4, 5, 6 AND 7, OF
OFFICIAL MAP, AS FILED IN BOOK 1, AT PAGES 20 THROUGH 22, INCLUSIVE, OF
OFFICIAL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
RIVERSIDE, AS FILED MAY 20, 2008, AS INSTRUMENT NO. 2008-270686 OF OFFICIAL
RECORDS.
D-6
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE SECOND
AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND AMONG THE
CITY OF TEMECULA, SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY, AND TOWN
SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING
APPROXIMATELY ONE ACRE OF PROPERTY LOCATED
ON MAIN STREET WEST OF MERCEDES STREET
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Recitals
(a) The City of Temecula, Successor Agency to the Temecula
Redevelopment Agency, and Town Square Marketplace Old Town, LLC entered into a
Disposition and Development Agreement dated as of December 13, 2016 ("DDA")
providing for the Successor Agency's conveyance to the City of four parcels of real
property composed of approximately one acre and located at the intersection of Main
Street and Mercedes Street across from City Hall and the City's conveyance of such
parcels to the Town Square Market Place Old Town, LLC for development as specified
in the DDA.
(b) On June 12, 2018, entered into the First Amendment of the
Disposition and Development Agreement, thereby extending the date for the close of
escrow to December 12, 2018.
(c) The parties now wish to extend the date for the close of escrow to
June 13, 2019 for the transactions described in the DDA by approving the Second
Amendment to the DDA.
Section 2. Approval of First Amendment. The City Council hereby
approves the "SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY
TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE
MARKETPLACE OLD TOWN, LLC" and authorizes the Mayor to execute said Second
Amendment on behalf of the City in substantially the form presented to the City Council.
Section 3. Certification. The City Clerk shall certify the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of December, 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 11th day of December, 2018, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Item No. 9
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: December 11, 2018
SUBJECT: Approve a Modification to the Truax Hotel Project and Adopt Addendum to the
Originally Prepared Subsequent Environmental Impact Report (SEIR) (Planning
Application No. PA18-1463)
PREPARED BY: Eric Jones, Associate Planner
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING AN ADDENDUM TO A
PREVIOUSLY CERTIFIED SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT FOR THE PREVIOUSLY APPROVED TRUAX
HOTEL PROJECT AND APPROVING A MODIFICATION
APPLICATION FOR THE TRUAX HOTEL CONSISTING OF THE
ADDITION OF THIRTY-FOUR GUEST ROOMS, VARIOUS
EXTERIOR ELEVATION REVISIONS, AND THE ADDITION OF
THREE -HUNDRED PARKING SPACES VIA AN AUTOMATED
PARKING SYSTEM GENERALLY LOCATED ON THE NORTH
AND SOUTH SIDES OF 3RD STREET BETWEEN OLD TOWN
FRONT STREET AND MERCEDES STREET (APNS 922-043-
002, 922-043-004, 922-043-018, 922-043-024, 922-043-003,
922-043-015,
922-043-023, 922-043-025, 922-044-017, AND 922-044-
020)
BACKGROUND: On October 24, 2018, staff received a Modification application for
the Truax Hotel. The proposed modification will allow for revisions to the previously approved
hotel and corresponding parking garage located on a 1.81 acre site within Old Town Temecula.
The modifications will remain within the previously approved building footprint for both the hotel
and parking garage.
The originally approved hotel applications included a Specific Plan Amendment to relocate a
portion of the Hotel Overlay within the Old Town Specific Plan to the hotel site, a Development
Plan to allow for the construction of the 151 -room hotel and related parking garage, and a Minor
Exception to allow for increased building height for the parking garage. Staff presented the
Project to the Planning Commission on August 16, 2017 with a recommendation that the
Planning Commission recommend City Council approval of the Project subject to the Conditions
of Approval and mitigation measures contained within the Subsequent Environmental Impact
Report (SEIR). Staff presented the project to City Council on September 5, 2017 where the
project was conditionally approved.
Before and after exhibits illustrating the proposed revisions can be found in the reduced plans
section of this report. The project continues to be consistent with the full service hotel
requirements outlined in the OId Town Specific Plan. The energy conservation requirements of
the Plan have also been met. This was achieved by the inclusion of a Water Quality
Management Plan (WQMP) that is in excess of the minimum National Pollution Discharge
Elimination System (NDPES) requirements and the use of air conditioning equipment that
exceeds the minimum California Building Code SEER (Seasonal Energy Efficiency Ratio)
requirements. Below is a summary of the proposed revisions to the hotel:
• Hotel Room Count: The number of hotel rooms for the project has been increased from
151 to 185. The project does not require additional square footage to accommodate the
extra rooms. In fact, the overall square footage for the hotel has been decreased by
approximately 1,300 square feet.
• Parking Space Count: The number of parking spaces in the parking garage has been
increased from 213 to 513 via an automated parking system.
• Architecture: Rooms located along OId Town Front Street on floors 2 through 4 now
have balconies. In addition, doors, windows, and architectural elements throughout each
elevation for both the hotel and parking garage have been revised.
FINDINGS (Modifications, Development Code Section 17.05.030.E)
The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of State law and other Ordinances of the City.
The modification will allow for an increase in the number of hotel rooms and parking
spaces as well as architectural revisions to a previously approved Development Plan.
The use will remain as originally approved and therefore will still meet all applicable
requirements of the General Plan for Temecula, State law and other Ordinances of the
City.
The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The modification will allow for an addition of hotel rooms and parking spaces as well as
architectural revisions to a previously approved project. All requirements related to the
public health, safety, and general welfare that have been reviewed and conditionally
approved under the original approval remain valid with this modification.
FISCAL IMPACT: None
ENVIRONMENTAL: Pursuant to State CEQA Guidelines Section 15162 (Subsequent
EIRs and Negative Declarations), an Addendum to the Subsequent Environmental Impact
Report (SEIR) that was certified for the Truax Hotel Project has been prepared. The Addendum
concludes that the proposed project refinements and modifications do not result in any new or
greater environmental impacts than were previously analyzed, disclosed, and/or mitigated in the
Truax Hotel SEIR that was certified in September 2017 (SCH #2017011029), which in turn was
subsequent to the Program EIR for the Old Town Specific Plan that was certified in May 2010
(SCH #2009071049). None of the conditions in State CEQA Guidelines Section 15162 are
present and no additional environmental review is required.
ATTACHMENTS: 1. Vicinity Map
2. Plan Reductions
3. City Council Modification Resolution
4. EIR Addendum
5. Draft Conditions of Approval
6. City Council Staff Report September 5, 2017 can be referenced in the
September 5, 2017 City Council Agenda, Item #16
City of Temecula
TRUAX HOTEL
NORTH
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Thai map was made by the Cary of Temecula Geographic Information System
The map Is cleaved from basis data produced by the Riverside County Assessor's
aprtmenl and the Transportation and Land Management Agency of Riverside
County The Cay of Temecula swanss no waramy or legal ra.ponabiay for the
Information contained on this map Data and information repmeent.d on this map
are sublectto update and modllcabon The Geographic Information System and
other sources should be evened for he moat current inlornaeon
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TRUAX HOTEL
A TRUAX OLD TOWN DEVELOPMENT
zseeo ON Town Front Street
1...• nOrt
. • •
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING AN ADDENDUM TO A
PREVIOUSLY CERTIFIED SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT FOR THE PREVIOUSLY APPROVED TRUAX
HOTEL PROJECT AND APPROVING A MODIFICATION
APPLICATION FOR THE TRUAX HOTEL CONSISTING OF THE
ADDITION OF THIRTY-FOUR GUEST ROOMS, VARIOUS
EXTERIOR ELEVATION REVISIONS, AND THE ADDITION OF
THREE -HUNDRED PARKING SPACES VIA AN AUTOMATED
PARKING SYSTEM GENERALLY LOCATED ON THE NORTH
AND SOUTH SIDES OF 3RD STREET BETWEEN OLD TOWN
FRONT STREET AND MERCEDES STREET (APNS 922-043-
002, 922-043-004, 922-043-018, 922-043-024, 922-043-003,
922-043-015, 922-043-023, 922-043-025, 922-044-017,
AND 922-044-020)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On September 5, 2017, the City Council approved the following Planning
Applications for the Truax Hotel Project: PA17-0109, a Specific Plan Amendment with
Subsequent EIR, PA16-0270, a Development Plan, and PA17-1020, a Minor Exception
to allow for an increase in height.
B. On October 27, 2018, Ross Jackson with Temecula Hotel Partners, filed
Planning Application No. PA18-1463, a Major Modification Application in a manner in
accord with the City of Temecula General Plan and Development Code.
C. The City Council, at a regular meeting, considered the Application and
environmental review on December 11, 2018.
D. At the conclusion of the City Council hearing, the City Council approved
Planning Application No. PA18-1463 subject to and based upon the findings set forth
hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The City Council, in approving the Application
hereby finds, determines and declares that:
Modifications, Development Code Section 17.05.030.E
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City.
The modification will allow for an increase in the number of hotel rooms and
parking spaces as well as architectural revisions to a previously approved Development
Plan. The use will remain as originally approved and therefore will still meet all
applicable requirements of the General Plan for Temecula, State law and other
Ordinances of the City.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare.
The modification will allow for an addition of hotel rooms and parking
spaces as well as architectural revisions to a previously approved project. All
requirements related to the public health, safety, and general welfare that have been
reviewed and conditionally approved under the original approval remain valid with this
modification.
Section 3. Environmental Findings. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of
the Modification Application:
A. Pursuant to State CEQA Guidelines Section 15162 (Subsequent EIRs and
Negative Declarations), an Addendum to the Subsequent Environmental Impact Report
(SEIR) that was certified for the Truax Hotel Project has been prepared. The Addendum
which concludes that the proposed project refinements and modifications do not result
in any new or greater environmental impacts than were previously analyzed, disclosed,
and/or mitigated in the Truax Hotel SEIR that was certified in September 2017 (SCH
#2017011029), which in turn was subsequent to the Program EIR for the Old Town
Specific Plan that was certified in May 2010 (SCH #2009071049). None of the
conditions in State CEQA Guidelines Section 15162 are present and no additional
environmental review is required.
Section 4. Conditions. The City Council of the City of Temecula hereby
approves Planning Application No. PA18-1463, and adoption of an Addendum (Exhibit
A) to a previously certified Subsequent Environmental Impact Report for the Previously
approved Truax Hotel project and approving a Modification application for the Truax
Hotel consisting of the addition of thirty-four guest rooms. various exterior elevation
revisions, and the addition of three -hundred parking spaces via an automated parking
system generally located on the north and south side of 3rd Street between Old Town
Front Street and Mercedes Street, subject to the Conditions of Approval set forth on
Exhibit B, attached hereto, and incorporated herein by this reference.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of December, 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 11th day of December, 2018, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
EXHIBIT A
ADDENDUM TO SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT AS CERTIFIED BY THE CITY COUNCIL OF THE CITY OF TEMECULA
FOR THE TRUAX HOTEL PROJECT
SITE: 28696 Old Town Front Street
PROJECT TITLE: Truax Hotel
PROJECT APPLICANT: Joe Holasek
Project Description: The current project refinement is a proposal to add additional rooms and
parking spaces to a previously approved hotel and corresponding parking garage. The originally
approved project consisted of 151 hotel rooms and 213 parking spaces. The refinement proposal
will increase the number of hotel rooms to 185 and will increase the number of parking spaces to
513. This will be accomplished within the originally approved footprint. Project revisions also will
include exterior facade modifications and elevation revisions, and a reduction in the overall square
footage of the hotel by approximately 1,300 square feet. Collectively, these revisions are referred
to as the Project Refinements. The originally approved project has not been constructed.
Purpose: This Addendum is being prepared pursuant to the California Environmental Quality Act
(CEQA) (Pub. Resources Code § 21000, et seq.) and CEQA Guidelines (14 C.C.R. § 15000, et
seq). Specifically, this is an Addendum to a previously -certified Subsequent EIR (SEIR). The SEIR
was based on a previously certified Program Environmental Impact Report that was prepared for
the Old Town Specific Plan update. The Addendum has been prepared pursuant to CEQA
Guidelines Section 15164, which allows a lead agency to prepare an addendum to a previously
certified EIR if some changes or additions are necessary but none of the conditions described in
CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred.
Pursuant to CEQA Guidelines Section 15162, no subsequent EIR shall be prepared for a project
unless, on the basis of substantial evidence in the light of the whole record, on or more of the
following is determined:
a) Substantial changes are proposed in the project that will require major revisions of the
previous EIR due to the involvement of a new, significant environmental effects of a
substantial increase in the severity of previously identified significant effects;
b) Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR due to the involvement
of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
c) New information of substantial importance identifies one or more significant effects not
discussed in the previous EIR, significant effects previously examined will be substantially
more severe than shown in the previous EIR, mitigation measures or alternatives
previously found not to be feasible or not analyzed in the EIR would be feasible and would
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substantially reduce one or more significant effects but the project proponents decline to
adopt the measure or alternative.
FINDINGS CONCERNING ENVIRONMENTAL IMPACTS OF REVISIONS TO THE PROJECT:
1) On May 25, 2010, the City Council of the City of Temecula (City Council) certified a Program
Environmental Impact Report as part of the update to the Old Town Specific Plan (OTSP).
The OTSP contained a Hotel Overlay that allowed full service hotels to be constructed at eight
stories with a maximum height of one hundred feet. City Council Resolution No. 10-36
certified the Program EIR, adopted Findings of Fact, and adopted and imposed identified
mitigation measures. This Resolution, adopted on May 25, 2010, is final and beyond
challenge.
2) On September 5, 2017, the City Council reviewed and approved the Truax Hotel project (the
Original Project). The Original Project included construction of a hotel with 151 rooms and an
associated parking garage with 213 parking spaces. The Original Project included an
Amendment to the OTSP to relocate a portion of the Hotel Overlay to the Original Project site
for the hotel, which allowed for a greater building height than what is otherwise allowed in the
Downtown Core zone of the OTSP.
3) As part of the approvals for the Original Project, the City prepared and the City Council
certified a Subsequent Environmental Impact Report (SEIR), which was subsequent to the
Program EIR for the OTSP. Based on the information contained in the SEIR, the City
determined that the Original Project would result in significant and unavoidable impacts with
regard to the following:
• Greenhouse Gas Emissions
• Temporary Construction Noise and Vibration
Additionally, based on the information contained in the SEIR, the City determined that the
Original Project would result in significant, but mitigatable, impacts with regard to the following:
• Aesthetics
• Air Quality
• Cultural Resources
• Geology, Soils and Seismicity
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Cumulative Traffic and Transportation
City Council Resolution No. 17-55 certified the SEIR, adopted Findings of Fact, and adopted
and imposed identified mitigation measures. This Resolution, adopted on September 5, 2017,
is final and beyond challenge. A copy of this Resolution is attached as Attachment A to this
Addendum.
4) Thereafter, on October 24, 2018, pursuant to the Original Project, the applicant submitted a
Modification Application (PA18-1463) which proposed the Project Refinements. Specifically,
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the applicant proposes to increase the number of hotel rooms from 151 to 185 and to increase
the number of parking spaces from 213 to 513. The additional hotel rooms will be within the
footprint approved for the Original Project and the size of the structure will not be increased.
Similarly, the additional parking spaces will fit within the original footprint for the parking
structure. This is because the parking structure now will feature an automated parking system
that can park vehicles much closer together than if vehicles were parked by human drivers.
The applicant also proposes exterior facade modifications and elevation revisions, and a
reduction in the overall square footage of the hotel by approximately 1,300 square feet.
5) Staff has analyzed the Project Refinements to determine if any new impacts or substantial
increase in severity of previously identified impacts would result from the proposed
modifications. Pursuant to CEQA Guidelines Section 15162, neither a subsequent EIR nor a
supplemental EIR is required for the modifications contemplated by the Project Refinements
for the following reasons:
a. The Original Project consists of the development of a 151 -room hotel with a corresponding
parking garage containing 213 parking spaces. Under the OTSP, 499 hotel rooms would be
allowed to be developed. Thus, the modest increases in the number of hotel rooms proposed
in the Project Refinements are still well within the parameters of the OTSP. Because the
Program EIR evaluated the full environmental impacts of the OTSP, the modest increases in
the Project Refinements likewise are considered subsumed within the environmental analysis
in the Program EIR.
b. The Project Refinements do not result in any increase in the total floor area of the Original
Project. In fact, the overall square footage of the hotel has decreased by approximately 1,300
square feet. Thus, the footprint and appearance of the structures will be largely the same
(externally) as under the approved Original Project.
c. The Project Refinements will not result in new or greater environmental impacts than
previously analyzed in the Program EIR or the SEIR. Specifically:
• Air Quality and Greenhouse Gas (GHG) Emissions. The Project Refinements
do not create additional air quality or GHG emissions. The Project Refinements are still
within the eight -story (100 feet maximum height) threshold evaluated by the Program EIR.
Construction (short term) impacts will remain the same because the footprint of the
structures is not being enlarged or expanded. Operational (long term) impacts also are
within the parameters analyzed in the Program EIR. Because the Project Refinements
are within the envelope of what was analyzed in the Program EIR, no greater impacts are
expected and no additional or modified mitigation measures are necessary.
• Temporary Construction Noise and Vibration. The Project Refinements will
incorporate all feasible mitigation measures to reduce noise and vibration impacts to
sensitive receptors included in the Program EIR. These mitigation measures were
designed to accommodate a 100 -foot building comprised of eight stories. The Project
Refinements are below this threshold.
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• Aesthetics; Cultural Resources; Geology, Soils and Seismicity; Hazards and
Hazardous Materials; Hydrology and Water Quality. The Project Refinements will add
additional rooms and parking spaces. The building footprint and overall dimensions will
not be impacted. Consequently, aesthetics and view impacts will not change. Similarly,
because the structure footprints are not changing, impacts to cultural resources; geology,
soils, and seismicity; hazards and hazardous materials; and hydrology and water quality
(all of which are based on the footprint) will not change. No additional or modified
mitigation measures in these areas are required.
Cumulative Traffic and Transportation. The Project Revisions are within the
height and number of story thresholds evaluated as part of the Program EIR, and the
number of hotel rooms that will be constructed, even with the increase proposed in the
Project Revisions, is still well under the capacity analyzed in the Program EIR (which
assumed buildout of 499 hotel rooms). The Project Revisions do not result in greater
impacts and therefore do not result in the need for additional or modified mitigation
measures.
6) Therefore, the Project Revisions do not require major revisions to the Program EIR or the
SEIR, there are no new significant environmental effects or an increase in the severity of
previously identified significant effects, and no further environmental analysis under CEQA is
required.
a. There are no changes with respect to the circumstances under which the Project
Refinements are undertaken that will require major revisions to the Program EIR or the SEIR
due to significant new environmental effects or a substantial increase in the severity of a
previously identified impact. The circumstances under which the Project Refinements will
occur have not changed when compared to the circumstances in place during the approval of
the Original Project.
b. Staff has identified no new information of substantial importance that was not known and
could not have been known with the exercise of reasonable diligence at the time the Program
EIR or SEIR were adopted, identifying: a new or substantially more severe significant effect,
or new or previously infeasible mitigation measures or alternatives that would substantially
reduce one or more significant impacts of the project. All mitigation measures adopted in
conjunction with the Original Project continue to be imposed on the Project Refinements
Project and are provided for reference in Attachment B to this Addendum.
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Attachment A
RESOLUTION NO. 17-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CERTIFYING THE FINAL SUBSEQUENT
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 TRUAX HOTEL
PROJECT, CONSISTING OF APPROXIMATELY 2.46
ACRES, GENERALLY LOCATED ON THE NORTH AND
SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN
FRONT STREET AND MERCEDES STREET (APNS
922-043-002, 922-043-004, 922-043-018, 922-043-024,
922-043-003, 922-043-015, 922-043-023, 922-043-025,
922-044-017, AND 922-044-020)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect +
Associates filed Planning Application No. PA16-0270, a Development Plan. On January
23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application
No. PA17-0109, for a Specific Plan Amendment. On June 30, 2017, Ross Jackson, on
behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception.
These applications (collectively "Project") were filed in a manner in accord with the City
of Temecula General Plan and Development Code.
B. Collectively, the Project consists of a relocation of a portion of the existing
Hotel Overlay contained within the Old Town Specific Plan to allow for the development
of a full service hotel. The Project also includes a Minor Exception to increase allowable
building height for a parking garage that will be constructed across the street from the
hotel_
C. The Project was processed, including but not limited to all public notices, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act, Public Resources Code § 21000, et seq. (CEQA) and the
CEQA Guidelines, 14 Cal. Code Regs. § 15000 et seq.
D. Pursuant to CEQA, the City is the lead agency for the Project because it is
the public agency with the authority and principal responsibility for reviewing, considering,
and potentially approving the Project.
Resos 17-55
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E. On February 8, 1994, the City Council adopted the Old Town Specific Plan
(OTSP). In 2010, pursuant to CEQA and the CEQA Guidelines, the City Council amended
the OTSP to adopt a form -based code that established development regulations and
standards in the Old Town area. On May 25, 2010, the City Council certified the Program
Environmental Impact Report for the OTSP (SCH #2009071049).
F. CEQA encourages "tiering" EIRs for a sequence of actions so that later
EIRs build on information in previous EIRs (Public Resources Code sections 21068.5 and
21093; CEQA Guidelines section 15152(d)). The Project is located within the OTSP area
and, therefore, tiers off of the Program EIR for the OTSP.
G. Pursuant to CEQA, City staff determined that the Project could have a
significant effect on the environment and therefore a Subsequent Environmental Impact
Report (SEIR) was prepared for the Project.
H. On January 12, 2017, in accordance with CEQA Guideline Section 15082,
the City published and distributed a Notice of Preparation (NOP) to all agencies and
persons that might be interested in or affected by the Project. The NOP was also
distributed through the State Office of Planning and Research, State Clearinghouse (SCH
# 2017011029). The NOP was circulated from January 17, 2017 through February 15,
2017 to receive comments and input from interested public agencies and private parties
on issues to be addressed in the SEIR for the Project. On January 23, 2017, in
accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping
meeting to obtain comments from interested parties on the scope of the Draft SEIR.
I. In response to the NOP, eight written comments were received from various
individuals and organizations. These comment letters assisted the City in formulating the
analysis in the Draft SEIR.
J. Thereafter, the City contracted for the independent preparation of a Draft
SEIR for the Project, including all necessary technical studies and reports in support of
the Draft SEIR. In accordance with CEQA and the CEQA Guidelines, the City analyzed
the Project's potential impacts on the environment, potential mitigation, and potential
alternatives to the Project.
K. Upon completion of the Draft SEIR in May 2017. the City initiated a public
comment period by filing a Notice of Completion with the State Office of Planning and
Research on Thursday, April 27, 2017. The City also published a Notice of Availability
for the Draft SEIR in San Diego Union Tribune, a newspaper of general circulation within
the City.
L. The Draft SEIR was circulated for public review from May 2, 2017 through
June 15, 2017. Copies of the Draft SEIR were sent to various public agencies, as well
as to organizations and individuals requesting copies. In addition, 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,
Resos 17-55 2
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Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at
30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County
Center Drive; Chamber of Commerce located at 26790 Ynez Court, Ste. A, and the City
of Temecula website.
M. In response to the Draft SEIR, the City received eight (8) written comments
from various agencies, individuals, and organizations. In compliance with CEQA
Guidelines Section 15088, the City prepared written responses to all comments. None of
the comments presented any new significant environmental impacts or otherwise
constituted significant new information requiring recirculation of the Draft SEIR pursuant
to CEQA Guidelines Section 15088.5. Those comments and the Response to
Comments, together with the Draft SEIR, the Errata to the SEIR, and the Mitigation
Monitoring and Reporting Program, constitute the Final Subsequent Environmental
Impact Report (Final SEIR).
N. Pursuant to Public Resources Code Section 21092.5, at least 10 days prior
to certification, the City prepared and provided the Final SEIR, including responses to
comments, to the public and all commenting public agencies.
O. On August 16, 2017, the Planning Commission held a duly notice public
hearing to, consider the Project and the Final SEIR, at which time City staff presented its
report and interested persons had an opportunity to and did testify regarding this matter.
P. Following consideration of the entire record of information received at the
public hearing and due consideration of the Project, the Planning Commission adopted
Resolution No. 17-31 recommending that the City Council certify the Final SEIR prepared
for the Truax Hotel, adopt Findings pursuant to the CEQA, adopt a Statement of
Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for
the Project. The Planning Commission also adopted Resolution Nos. 17-32, 17-33, and
17-34, thereby recommending that the City Council take various actions, including
adoption of a Specific Plan Amendment, Minor Exception, and Development Plan related
to the approval of the Project.
Q. Section 15091 of the State CEQA Guidelines requires that the City, before
approving a project for which a SEIR is required, make one or more of the following written
finding(s) for each significant effect identified in the Final SEIR accompanied by a brief
explanation of the rationale for each finding:
1 Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects as identified in the Final SEIR; or,
Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency; or,
Resos 17-55 3
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Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in
the Final SEIR.
R. These required written findings are set forth in Exhibit A, attached hereto
and incorporated herein by reference as if set forth in full.
Environmental impacts identified in the Final SEIR as no impact or less
than significant and do not require mitigation are described in Sections IV
and V, respectively, of Exhibit A.
Environmental impacts, or certain aspects of impacts, identified in the Final
SEIR as potentially significant, but that can be reduced to less than
significant levels with mitigation, are described in Exhibit A, Section VI.
3. Environmental impacts identified in the Final SEIR as significant and
unavoidable despite the imposition of all feasible mitigation measures are
described in Exhibit A, Section VII.
Alternatives to the Project that might eliminate or reduce significant
environmental impacts are described in Section VIII of Exhibit A.
S. CEQA Section 21081.6 requires the City to prepare and adopt a Mitigation
Monitoring and Reporting Program for any project for which mitigation measures have
been imposed to ensure compliance with the adopted mitigation measures. The
Mitigation Monitoring and Reporting Program is attached to this Resolution as Exhibit B,
and is herein incorporated by reference as if set forth in full.
T. CEQA Guidelines Section 15093 requires that if a project will cause
significant unavoidable adverse impacts, the City must adopt a Statement of Overriding
Considerations prior to approving the project. A Statement of Overriding Considerations
states that any significant adverse project effects are acceptable if expected project
benefits outweigh unavoidable adverse environmental impacts. The Statement of
Overriding Considerations is attached hereto as Exhibit C, and is incorporated herein by
reference as if set forth in full.
U. Prior to taking action, the City Council has heard, been presented with,
reviewed, and considered the information and data in the administrative record, including
the Final SEIR, the written and oral comments on the Draft SEIR and Final SEIR,
responses to comments, staff reports and presentations, technical studies, appendices,
plans, and all oral and written testimony presented during the public hearings on the
Project.
Resos 17-55 4
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V. Custodian of Records. The City Clerk of the City of Temecula is the
custodian of records, and the documents and other materials that constitute the record of
proceedings upon which this decision is based are located at the Office of the City Clerk,
City of Temecula, 41000 Main Street, Temecula, California 92590.
Section 2. Substantive Findings. The City Council of the City of Temecula,
California does hereby:
A. Declare that the above Procedural Findings are true and correct, and
hereby incorporates them herein by this reference as though set forth in full.
B. Find that agencies and interested members of the public have been
afforded ample notice and opportunity to comment on,the Final SEIR and on the Project.
C. Find and declare that the City Council has independently considered the
administrative record before it, which is hereby incorporated by reference and which
includes the Final SEIR, the written and oral comments on the Draft SEIR, responses to
comments incorporated into the Final SEIR, staff reports and presentations, and all
testimony related to environmental issues regarding the Project.
D. Find and determine that the Final SEIR fully analyzes and discloses the
potential impacts of the Project, and that those impacts have been mitigated or avoided
to the extent feasible for the reasons set forth in the Findings attached as Exhibit A and
incorporated herein by reference, with the exception of those impacts found to be
significant and unmitigable as discussed therein.
E. Find and declare that the Final SEIR reflects the independent judgment of
the City Council. The City Council further finds that the additional information provided in
the staff reports, in comments on the Draft SEIR, the responses to comments on the Draft
EIR, and the evidence presented in written and oral testimony does not constitute new
information requiring recirculation of the SEIR under CEQA. None of the information
presented has deprived the public of a meaningful opportunity to comment upon a
substantial environmental impact of the Project or a feasible mitigation measure or
alternative that the City has declined to implement.
F. Certify the Final SEIR as being in compliance with CEQA. The City Council
further adopts the Findings pursuant to CEQA as set forth in Exhibit A; adopts the
Mitigation Monitoring and Reporting Program attached as Exhibit B; and adopts the
Statement of Overriding Considerations as set forth in Exhibit C. The City Council further
determines that all of the findings made in this Resolution (including Exhibit A) are based
upon the information and evidence set forth in the Final SEIR and upon other substantial
evidence that has been presented at the hearings before the Planning Commission and
the City Council, and in the record of the proceedings. The City Council further finds that
each of the overriding benefits stated in Exhibit C, by itself, would individually justify
proceeding with the Project despite any significant unavoidable impacts identified in the
Final SEIR or alleged in the record of proceedings.
Resos 17-55 5
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G. The City Council hereby imposes as a condition on the Truax Hotel Project
each mitigation measure specified in Exhibit B, and directs City staff to implement and to
monitor the mitigation measures as described in Exhibit B.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 5th day of September, 2017.
ATTEST:
Randi oity Clerk
[SEAL]
Resos 17-55 6
aryann Edwards, Mayor
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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. 17-55 was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 5"' day of September, 2017 by the
following vote:
AYES: 3 COUNCIL MEMBERS: Nagger, Rahn, Edwards
NOES: 1 COUNCIL MEMBERS: Stewart
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS Comerchero
Resos 17-55 7
Randi Johl, City Clerk
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Exhibit A
FINDINGS AND FACTS IN SUPPORT OF FINDINGS
I. Introduction.
The California Environmental Quality Act, Public Resources Code § 21000, et seq.
("CEQA") and the State CEQA Guidelines, 14 Cal. Code Regs. § 15000, et seq.
("Guidelines") provide that no public agency shall approve or carry out a Project for which
an Environmental Impact Report ("EIR") has been certified that identifies one or more
significant effects on the environment caused by the Project unless the public agency
makes one or more of the following findings:
1 Changes or alterations have been required in, or incorporated into, the
Project, which avoid or substantially lessen the significant environmental
effects identified in the EIR.
Such changes or alterations are within the responsibility of another public
agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other
agency.
3 Specific economic, social, or other considerations make infeasible the
mitigation measures or Project alternatives identified in the EIR.
Pursuant to the requirements of CEQA, the City Council of the City of Temecula
("Temecula" or "City") hereby makes the following environmental findings in connection
with the proposed Truax Hotel Project (the "Project"). These findings are based upon
written and oral evidence included in the record of these proceedings, comments on the
Draft Subsequent EIR (SEIR) and the written responses thereto, the Final SEIR, and
reports presented to the Planning Commission and the City Council by City staff and the
City's environmental consultants.
11. Project Objectives.
As set forth in the SEIR, the objectives of this Project (the "Project Objectives") are as
follows:
A. Provide an upscale lodging facility that will service both residents and tourists
visiting Old Town Temecula;
B. Provide additional conference room facilities within Old Town Temecula; and
C. Create an aesthetically compatible development and minimize impacts to
neighboring properties by designing with high quality architecture and signage.
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III. Background.
In 2010, the City of Temecula certified the Old Town Specific Plan (OTSP) Program EIR
("Program EIR") which evaluated an amendment of the original OTSP. The purpose of
the Amendment was to enhance design guidelines and encourage residential
development within the Old Town area. The 2010 document served as a Program EIR for
the OTSP that established development parameters, provided land use areas, but did not
propose or evaluate any specific project development, since the exact development
proposals for future projects, such as the proposed Project, were not yet known at the
time.
The Project proposes to develop a six -story boutique hotel, including 151 guest rooms
and a basement, and a six -story, 219 -stall parking garage in Old Town Temecula, on the
1.8 -acre Project site. The proposed Project site is located within the Old Town Specific
Plan (OTSP) area and is located in the Downtown Core District (DTC) along Third Street
between Mercedes Street and Old Town Front Street. A Development Plan Review would
be required for development of the Project.
The proposed Project would require approval of a Specific Plan Amendment (SPA) to the
OTSP in order to relocate a portion of the Hotel Overlay (HO) that is currently sited
approximately 200 feet southeast of the Project location. The SPA would relocate
approximately 61,569 SF of the DTC zoning district at the intersection at First Street and
Front Street. The SPA would then shift 61,569 SF of that zone to the proposed hotel site
and rezone the area as DTC/HO zoning district.
In addition, the proposed Project would require the approval of a Tentative Parcel Map in
order to: (1) merge the two existing parcels into one parcel on the north side of Third
Street for development of the parking structure and (2) merge the eight existing parcels
into one parcel on the south side of Third Street to allow development of the hotel.
Effects Determined to Be Less than Significant/No Impact in the Initial Study for the
Program EIR and in the SEIR.
The City of Temecula issued a Notice of Preparation ("NOP") and in the course of the
environmental review, the Project was found to have no impact in certain impact
categories because a Project of this type and scope or in this location would not create
such impacts or because of the absence of Project characteristics producing effects of
this type. The impact areas discussed below were found to be less than significant or
have no environmental impact in the Initial Study for the OTSP Amendment, and therefore
were not evaluated in the 2010 OTSP Program EIR or the Draft SEIR for the Project.
These impact areas include Agriculture and Forestry Resources, Biological Resources,
Mineral Resources, Population and Housing, Public Services and Recreation. A summary
of the impact discussions from the resource areas below can be found in Chapter 3.0 of
the Draft SEIR.
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IV. Effects Determined to Be Less than SignificantlNo Impact in the Initial
Study for the Program EIR and in the SEIR.
A. AGRICULTURE AND FORESTRY RESOURCES
1 The Project would not convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance to non-agricultural use. The
Project Site does not contain any Forest Land, Prime Farmland,
Unique Farmland, or Farmland of Statewide Importance.
2 The Project would not conflict with existing zoning for agricultural use
or a Williamson Act contract. The Project Site does not contain any
land subject to a Williamson Act contract.
3 The Project would not conflict with existing zoning for, or cause
rezoning of, forest land, timberland, or timberland zoned Timberland
Production. The Project Site does not contain any type of land zoned
for forest land or timberland.
The Project would not result in the loss of forest land or conversion
of forest land to non -forest use. The Project site does not contain any
type of forest land.
The Project would not involve any changes in the existing
environment which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use or conversion of
forest land to non -forest use.
6 The Project would not result in cumulative impacts related to
agriculture or forestry resources.
B. BIOLOGICAL RESOURCES
1 The Project would not have a substantial adverse effect on any
candidate, sensitive, or special status species, riparian habitat,
sensitive natural communities, or federally protected wetlands. The
Project site is located in a developed, urban area and would not
impact these biological resources.
2 The Project would not have interfere substantially with the movement
of any native resident, migratory fish or wildlife species, wildlife
corridors, or impede the use of native wildlife nursery sites. The
Project site is located in a developed, urban area and would not
impact these biological resources.
3 The Project would not conflict with any local policies or ordinances
protection biological resources, such as the City's Heritage Tree
Ordinance.
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The Project would not conflict with the provisions of an adopted
Habitat Conservation Plan or Natural Community Conservation Plan,
such as the Riverside County Multiple Species Habitat Conservation
Plan.
C. MINERAL RESOURCES
1 The Project would not result in the loss of availability of a known
mineral resource that would be of value to the region and the
residents of the state or a locally -important mineral resource
recovery site. The area is not considered to contain mineral
resources of significant economic value and the Project would not
result in cumulative impacts related to mineral resources.
D. POPULATION AND HOUSING
The Project would not induce substantial population growth in the
area, either directly or indirectly.
2 The Project would not displace substantial numbers of existing
housing or people, necessitating the construction of replacement
housing elsewhere. The Project would be developed on non-
operational commercial uses and vacant land.
E. PUBLIC SERVICES
1 The Project would not result in impacts associated with the need for
additional public services from fire protection, police protection,
schools, parks and other public facilities. Development of the OTSP
area was anticipated in the Final EIR that was prepared for the City
General Plan. Therefore, the need for public services was previously
analyzed and determined, and no additional facilities would be
required as a result of the Project.
F. RECREATION
1 The Project does not include or require construction of parks or
recreational facilities and would not increase the use of existing parks
or recreational facilities such that substantial physical deterioration
of the facility would occur.
V. Effects Determined to be Less Than Significant Without Mitigation in the
SEIR.
The SEIR found that the proposed Project will have a less than significant impact without
the imposition of mitigation on a number of environmental topic areas listed below. A less
than significant environmental impact determination was made for each of the following
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topic areas listed below, based on the more expansive discussions contained in the Final
SEIR.
A. AESTHETICS
The Project would not have a substantial adverse effect on a scenic
vista, scenic resources, or a State Scenic Highway. The proposed
six -story hotel and parking garage could potentially obstruct views of
the foothills and ridgeiines east of the Project, but the Project site has
not been identified as a designated viewshed, nor is it located in the
sightline of a nearby viewshed. Furthermore, the Project site is not
visible from any State Scenic Highways, and no State Scenic
Highways are visible from the Project site.
2. The Project would not substantially degrade the exiting visual
character or quality of the site and its surroundings. The hotel
development would be consistent with the Old Town Specific Plan
design guidelines, architectural character, and surrounding land
uses. The Project would likely enhance the visual character of the
area because of the high-quality architecture with visually appealing
elements, such as improved landscaping and new buildings.
3 The Project, in conjunction with other cumulative projects, would not
result in a cumulatively considerable contribution to aesthetic
impacts. Cumulative impacts would be less than significant.
B. AIR QUALITY
The Project would not conflict with or obstruct implementation of an
applicable air quality plan. The employment growth associated with
the proposed hotel would be within the anticipated growth accounted
for in the Southern California Association of Government (SCAG)
growth assumptions for the City, and therefore the Project would be
consistent with the regional Air Quality Management Plan.
2 The Project would not create objectionable odors affecting a
substantial number of people. As a hotel development, it does not
include any uses identified by the South Coast Air Quality
Management District (SCAQMD) as being associated with odors and
any potential sources of odors during construction would be
temporary and intermittent in nature.
C. GEOLOGY AND SOILS
1 The Project would not expose people or structures to potential
substantial adverse effects, including the risk of loss, injury, or death
involving rupture of a known earthquake fault. The Project area is
located outside of any Alquist-Priolo Fault Rupture Zone.
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2 The Project would not expose people or structures to potential
substantial adverse effects, including the risk of loss, injury, or death
involving seismic -related ground failure, including landslides and
liquefaction. The Project site is located on a relatively level area that
has a low likelihood of being susceptible to landslides or liquefaction.
3 The Project would not have soils incapable of inadequately
supporting the use of septic tanks or alternative wastewater systems.
The Project development would deliver wastewater to the
wastewater treatment plant in Temecula and would not have use for
any septic tanks or alternative wastewater systems.
4 The Project, in combination with existing, approved, proposed, and
reasonably foreseeable development in Temecula and nearby areas
of Riverside County, would not contribute to cumulative geologic and
soils impacts.
D. HAZARDS AND HAZARDOUS MATERIALS
1 The Project would not create significant hazard to the public or the
environment through the routine transport, use or disposal of
hazardous materials. Construction and operation of the Project
would comply with all required applicable regulations, such as the
Hazardous Materials and Waste Management Plan of Riverside
County, related to hazardous material handling, storage and
removal.
2 The Project would not emit hazardous emissions or handle
hazardous materials within one-quarter mile of an existing school.
There are no schools located within a quarter mile of the proposed
Project site, The closest school to the site is the Vail Elementary
School located approximately 0.75 miles to the northeast.
3. The Project would not be located on a site which is included on a list
of hazardous materials sites and would not create a significant
hazard to the public or the environment.
4 The Project would not result in a safety hazard for people residing or
working within an airport land use plan, two miles of a public airport,
or the vicinity of a private airstrip.
5 The Project would not impair implementation of or physically interfere
with an adopted emergency response plan or emergency evacuation
plan. Construction of the Project would comply with all emergency
vehicle access requirements. Operation of the Project would not
impede emergency access routes or result in permanent road
closures.
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The Project would not expose people or structures to a significant
risk of loss, injury or death involving wildland fires_ The Project is
located in an urbanized section of Temecula and would be required
to adhere to all fire suppression requirements and fire safety
measures in accordance with the most recent Uniform Fire Code.
The Project would result in Tess than significant cumulative impacts
related to hazards and hazardous materials.
E. HYDROLOGY AND WATER QUALITY
1 The Project would not substantially deplete groundwater supplies or
interfere substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the local
groundwater table level. The Rancho California Water District
(RCWD) would have sufficient water supplies to accommodate the
proposed Project as projected in its 2030 water demand forecast.
The Project site is currently developed and largely covered in
impermeable surfaces. After completion of construction, the Project
site would continue to be largely covered by impermeable surfaces
and thus would have no substantive change to the amount of
groundwater recharge that occurs at the site.
The Project would not substantially alter the drainage pattern of the
site such that it would result in substantial erosion or siltation on or
off the site. Construction of the Project would be required to comply
with the National Pollutant Discharge Elimination System (NPDES)
Construction General Permit and to develop a Stormwater Pollution
Prevention Plan (SWPPP), which would protect against substantial
erosion or siltation on and off the Project site. The impermeable
surfaces could result in changes in flows and drainages, but runoff
from the Project site would be treated by implementation of Best
Management Practices (BMPs), such as the proposed biotreatment
facilities.
3 The Project would not place housing within a 100 -year flood hazard
area as mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map, nor
structures which would impede or redirect any flood flows. The
Project area and structural development is not within the 100 -year
flood zone of Murrieta Creek.
4 The Project would not expose people or structures to a significant
risk of loss, injury or death involving flooding as a result of the failure
of a levee or dam. The Project site is located in the dam inundation
areas for Lake Skinner, Vail Lake, and Diamond Valley Lake.
However, compliance with applicable plans and programs, such as
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the City's Dam Inundation Evacuation Plan, would reduce risks
associated with flooding and darn failure to less than significant.
5 The Project would not expose people to a significant risk of Toss,
injury or death involving inundation by a seiche or tsunami because
the Project area is not located immediately near a coast or Targe body
of water. The Project area is located over 20 miles from the Pacific
Ocean, which is a large enough distance to avoid tsunami impacts
and has no body of water in close proximity to the Project site. The
site is relatively level and would not be subject to mudflow.
6 The Project's incremental contribution to hydrology and water quality
impacts would not be cumulatively considerable.
F. LAND USE AND PLANNING
1 The Project development would not physically divide an established
community. There are residential apartments located approximately
70 feet southwest of the Project boundary, but the development of
the Project would not divide this existing community. There are no
other residential communities in the immediate vicinity of the Project
site.
The Project would not conflict with any applicable land use pian,
policy, or regulation or adopted for the purpose of avoiding or
mitigating an environmental effect. The Project would be consistent
with all applicable policies from the SCAG 2016-2040 Regional
Transportation Plan/Sustainable Communities Strategy (RTP/SCS)
and the City's OTSP.
3 The Project would not conflict with any applicable habitat
conservation plan or natural community conservation plan. The
proposed Project is located within the Western Riverside County
Multiple Species Natural Community Conservation Plan (WRC
MSHCP); however, the Project site is located in a developed, urban
area, and is not located within a criteria area identified by the WRC
MSHCP A Habitat Evaluation and Acquisition Negotiation Strategy
or Joint Powers Review is not required for the Project.
4 The Project would have a less than cumulatively considerable impact
on land use and planning.
G. NOISE
1 The Project would not result in exposure of people within an airport
land use plan, two miles of a public airport, or the vicinity of a private
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airstrip to excessive noise levels. There are no airports or airstrips
located within two miles of the Project area. The closest airport to the
plan area is the Billy Joe Airport located approximately five miles
east.
H. TRANSPORTATION AND CIRCULATION
The Project would not conflict with an applicable congestion
management program, including, but not limited to level of service
standards and travel demand measures, or other standards
established by the county congestion management agency for
designated roads or highways. The Project would not conflict with
the City of Temecula policies, including, but not limited to travel
demand measures, or other standards established by the CMP for
designated roads or highways for the Existing (2016) Plus Project
and Opening Year (2018) Plus Project study scenarios.
2 The Project would not result in a change in air traffic patterns,
including either an increase in traffic levels or a change in location
that results in substantial safety risks. The Project area is not within
the French Valley Airport or Billy Joe Airport influence areas.
The Project would not substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment) or result in inadequate
emergency vehicle access. The final grading, landscaping, and
street improvement plans will demonstrate that design standards
related to traffic and emergency access are met.
4 The Project would not conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or pedestrian facilities, or
otherwise decrease the performance or safety of such facilities.
None of the Project's public right of way improvements would impede
existing bicycle facilities (i.e., the Class III facility on Old Town Front
Street) or transit facilities.
I. UTITILIES ANO SERVICE SYSTEMS
The Project would not exceed wastewater treatment requirements of
the applicable Regional Water Quality Control Board.
The Project would not require or result in the construction of new
water or wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects.
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3 The Project would have sufficient water supplies available to serve
the Project from existing entitlements and resources, and does not
need new expanded entitlements.
The Project would not result in a determination by the wastewater
treatment provider that it has inadequate capacity to serve the
Project's projected demand in addition to the provider's existing
commitments. The Temecula Valley Regional Water Reclamation
Facility would have sufficient capacity to process the additional
average wastewater flow that would be generated by the Project.
5 The Project would be served by a landfill with sufficient permitted
capacity to accommodate the Project's solid waste disposal needs
and would comply with federal, state, and local statutes and
regulations related to solid waste. The existing capacity of the El
Sobrante Sanitary Landfill would be sufficient to accommodate solid
waste generation by the Project during construction and at full build-
out.
The Project would result in less than significant cumulative impacts
related to utilities and service systems.
VI. Potentially Significant Environmental Impacts Determined to be Mitigated to
a Less Than Significant Level.
The SEIR identified the potential for the Project to cause significant environmental
impacts in the areas of Aesthetics, Air Quality, Cultural Resources, Geology and Soils,
Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and
Transportation and Circulation. Measures have been identified that would mitigate all of
the impacts in this section to a less than significant level.
The City Council finds that mitigation measures identified in the Final SEIR would reduce
the Project's impacts to a less than significant level, with the exception of the unmitigable
impacts discussed in Section VII. The City Council adopts all of the feasible mitigation
measures for the Project described in the Final SEIR as conditions of approval of the
Project and incorporates those into the Project, as discussed more fully in the Mitigation
Monitoring and Reporting Program.
A. AESTHETICS
1. Light and Glare
Impact AES -4: The Project would create a new source of light and glare
throughout the Project area.
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a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to light and
glare. Specifically, the following measure has been included to ensure that the Project's
potential light and glare impacts remain less than significant.
Mitigation Measure MM -AES -1: The Project applicant would be required
to implement the lighting reduction mitigation proposed in the OTSP
Program ER. The following light and glare standards shall be applied to the
proposed Project:
• The applicant shall ensure that all lighting fixtures shall contain
"sharp cut-off' fixtures, and shall be fitted with flat glass lenses and
internal and external shielding.
• The applicant shall ensure that all fixtures shall be parallel with the
finished grade of the Project site; no fixtures shall be tilted above a
90 -degree angle.
• The applicant shall ensure that site lighting systems shall be grouped
into control zones to allow for open, closing, and night light/security
lighting schemes. All control groups shall be controlled by an
automatic lighting system utilizing a time clock, photocell, and low
voltage relays.
• The applicant shall ensure that design and layout of the site shall
take advantage of landscaping, on-site architectural massing, and
off-site architectural massing to block light sources and reflection
from cars.
• The applicant shall submit a lighting plan and photometric plan to be
reviewed by the City of Temecula. The lighting plan shall include
design features (such as those mentioned above) to minimize
impacts of light and glare on the surrounding area.
• The City shall complete a post -installation inspection to ensure that
the site is not excessively illuminated (such that lighting is not
creating excessive glare, unreasonably competing for the public's
attention or creating any roadway safety hazard) and that lighting
sources are properly shielded.
• In order to mitigate potential impacts to the Mount Palomar
Observatory, all lighting plans shall be reviewed by the City to assure
utilization of low pressure sodium vapor lamps; step-down lighting
techniques; shielding to prevent upward and outward illumination;
and compliance with the County Ordinance No. 655.
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• The proposed Project shall prohibit the use of highly reflective
construction materials on exterior wall surfaces. The exterior of
permitted buildings shall be constructed of materials such as high
performance tinted non -mirrored glass, painted metal panels and
pre -cast concrete or fabricated wall surfaces.
b. Facts in Support of Findings
Currently, the Project Site includes onsite sources of light or glare from existing
commercial buildings and street lights. However, these existing buildings would be
demolished as part of the proposed Project and on-site existing light sources would be
removed. During construction of the Project, there is the possibility of limited, temporary
nighttime construction lighting for security. Once operational, the Project's hotel and
parking garage uses would introduce new sources of Tight and glare from lighting for the
buildings and streets, as well as from cars traveling through the Project site. The proposed
Project is located approximately 20 miles from the Palomar Observatory, which is in Zone
B (45 -mile Radius Lighting Impact Zone) according to the Palomar Observatory Light
Pollution Ordinance (Riverside County's Light Pollution Ordinance No. 655). The Project
would be required to comply with Ordinance No. 655, which lessens "sky glow" from
nighttime light sources by requiring a variety of measures. These measures, which are
included as part of Mitigation Measure MM -AES -1, include the preparation of an outdoor
lighting plan and photometric plan to reduce the effects of light pollution from nighttime
light sources.
Mitigation Measure MM -AES -1 imposes lighting design and placement requirements that
would further reduce "sky glow" and the spilling of Tight from on-site light sources. With
the imposition of MM -AES -1, impacts of the proposed Project related to light and glare
would be less than significant.
8. AIR QUALITY
1. Construction — Violate an Air Quality Standard
Impact AIR -4: The Project's construction emissions could exceed
SCAQMD's regional significance thresholds for NOX, and therefore could
would violate an air quality standard or contribute substantially to an existing
or projected air quality violation.
a. Finding
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to violation
of air quality standard. Specifically, the following measure has been included to ensure
that the Project's potential air quality impacts remain less than significant.
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Mitigation Measure MM -AIR -1: All off-road construction equipment with a
horsepower (HP) greater than 50 shall be required to have USEPA certified
Tier 4 interim engines or engines that are certified to meet or exceed the
emission ratings for USEPA Tier 4 engines. A copy of each unit's certified
tier specification or model year specification shall be available upon request
at the time of mobilization of each applicable unit of equipment.
b. Facts in Support of Findings
Construction of the Project would produce maximum daily air pollutant emissions during
the grading and excavation phase of construction. The maximum daily construction
emissions generated by the Project's worst-case construction scenario (i.e. days with the
most construction equipment operating) would produce approximately 105.56 pounds per
day of NOx. SCAQMD's daily significance threshold for NOx is 100 pounds per day.
Therefore, construction emissions would have a potentially significant regional air quality
impact regarding NOx emissions and would require mitigation.
Mitigation Measure MM -AIR -1 would require the use of EPA Rated Tier 4 (or equivalent)
engines on construction equipment. The use of Tier 4 (or equivalent) engines is applied
to all equipment greater than 50 horsepower in each phase in order to be reduced to
below a significant level. With implementation of this mitigation measures, maximum daily
emissions of NOx would be 50.39 pounds per day, which is below the significance
threshold of 100 pounds per day. Therefore, impacts related to violation of an air quality
standard are reduced to less than significant with mitigation.
2. Cumulative Net Increase of Any Nonattainment Pollutant
Impact AIR -3: The Project's construction emissions could result in a
cumulatively considerable net increase of any nonattainment pollutant.
a. Finding
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to the net
increase of any nonattainment pollutant. Specifically, the following measure has been
included to ensure that the Project's potential air quality impacts remain less than
significant
Mitigation Measure MM -AIR -1.
b. Facts in Support of Findings
According to the SCAQMD, if an individual project results in air emissions of criteria
pollutants (ROG, CO, NOx, SOx, PM10, and PM2.5) that exceed the SCAQMD's
recommended daily thresholds for project -specific impacts, then it would also result in a
cumulatively considerable net increase of these criteria pollutants for which the proposed
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Project region is in non -attainment under an applicable federal or state ambient air quality
standard. As discussed above, the Project's emissions during construction would exceed
SCAQMD's regional threshold of significance for NOx. Therefore, when considered in
addition to other projects in the cumulative scenario, the Project's incremental contribution
of NOx emissions to impacts on air quality would be cumulatively considerable. However,
with implementation of Mitigation Measure MM -AIR -1, the Project's NOx emissions would
not exceed the SCAQMD regional threshold and cumulative air quality impacts would be
reduced to a less than significant level.
3 Construction - Expose Sensitive Receptors to Substantial Pollutant
Concentrations
Impact AIR -3: The Project's construction emissions could expose sensitive
receptors to substantial pollutant concentrations.
a. Finding
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to exposing
sensitive receptors to substantial pollutant concentrations. Specifically, the following
measures have been included to ensure that the Project's potential air quality impacts
remain less than significant.
Mitigation Measure MM -AIR -1
Mitigation Measure MM-AfR-2: During earthmoving and construction
phases, use water trucks to spray unpaved roads and exposed soils on the
Project site at least four times per day to keep all areas where vehicles
move damp enough to prevent dust raised when leaving the site. In addition,
require all vehicles and off-road equipment to limit maximum speed on
unpaved roads within the Project site to 15 miles per hour.
b. Facts in Support of Findings
Residential apartment units located immediately adjacent to the southwest of the Project
site, approximately 65 feet (25 meters) from the Project boundary, are the nearest
sensitive receptors, which means that construction emissions were compared to the 1.9 -
acre site localized significance thresholds (LST) (listed in Table 3.2-5 of the Draft SEIR)
for a receptor distance of 82 feet (25 meters) from the site boundary. Based on SCAQMD
guidance (specifically, the Fact Sheet for Applying CaIEEMod to Localized Significance
Thresholds (Fact Sheet), found under the heading Appendix C- Mass Rate LST Look -up
Table under the guidance page located at
(http://www.agmd.gov/home/regulations/ceqa/air-quality-analysis-handbookllocalized-
significance-thresholds), the determination of significance based on 1.8 acres of
disturbance per day was interpolated for this analysis. For PM10, the LST is 6.4 pounds
per day: for PM2.5, the LST is 3.8 pounds per day. During grading and excavation phases
of construction, emissions would exceed LSTs for PM10 (10.4 pounds per day) and
PM2.5 (7.0 pounds per day).
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Mitigation Measure MM -AIR -1 requires all construction equipment to have EPA Rated
Tier 4 (or equivalent) engines during each phase. Mitigation Measure MM -AIR -2 requires
the Project site's unpaved roads used for any vehicular travel to be watered at least four
times per eight-hour workday to reduce fugitive dust emissions to below a significant level.
With implementation of these mitigation measures, maximum daily emissions of PM10
would be 5.6 pounds and maximum daily emissions of PM2.5 would be 3.1, which are
both below the LSTs for nearby sensitive receptors. Therefore, impacts related to
exposure of sensitive receptors to pollutants are reduced to less than significant with
mitigation.
C. CULTURAL RESOURCES
1. Historical and Archaeological Resources
Impact CUL -1: The results of archival research, geoarchaeological review,
Tribal correspondence, and field survey suggest the Project area is
sensitive for cultural resources. Although the lack of identified subsurface
archaeological materials greatly reduces the likelihood of encountering
buried archaeological resources as a result of Project implementation, it
does not preclude this possibility entirely. The possibility exists of
encountering buried archaeological resources that may be considered
historical resources or unique archaeological resources pursuant to CEQA.
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to historical
and archaeological resources. Specifically, the following measures have been included
to ensure that the Project's potential historical and archaeological resources impacts
remain less than significant.
Mitigation Measure MM -CUL -1: 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 archeologist meeting the Secretary
of the Interior's Professional Qualification Standards for archeology (U.S.
Department of Interior 2012) and as approved by the City of Temecula, to
provide archeological expertise in carrying out all mitigation measures
related to archeological resources (Mitigation Measures CUL -2 and -3).
Mitigation Measure MM -CUL -2: Prior to the start of ground -disturbing
activities, the qualified archaeologist shall designate an archaeological
monitor to observe ground -disturbing activities, including but not limited to
brush clearance and grubbing, grading, trenching, excavation, and the
construction of fencing and access roads, in consultation with the Pechanga
monitor. If ground -disturbing activities occur simultaneously in two or more
areas located more than 500 feet apart, additional archaeological monitors
may be required. The archaeological monitor shall keep daily logs. After
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monitoring has been completed, the qualified archaeologist shall prepare a
monitoring report that details the results of monitoring activities, which shall
be submitted to the City, Pechanga Tribe, and to the EIC at the University
California, Riverside.
Mitigation Measure MM -CUL -3: At least 30 days prior to issuance of a
grading permit and prior to the start of any ground -disturbing activity, the
Project Applicant shall contact the Pechanga Tribe to notify the Tribe of
grading, excavation and the monitoring program, and to coordinate with the
Tribe to develop and enter into a Cultural Resources Treatment and
Monitoring Agreement (Agreement). The Agreement will address the
treatment of known cultural resources; appropriate treatment and procedure
for inadvertent discoveries; the designation, responsibilities, and
participation of Native American Tribal monitors during grading, excavation
and ground disturbing activities; Project grading and development
scheduling; terms of compensation for the monitors; and treatment and final
disposition of any cultural resources, sacred sites, and human remains
discovered on the site.
The Pechanga Tribal monitor shall monitor all ground -disturbing activities
including, but not limited to, brush clearance and grubbing, grading.
trenching, excavation, and the construction of fencing, as specified in the
Agreement, and in consultation with the Project archeologist. If ground -
disturbing activities occur simultaneously in two or more locations,
additional Native American monitors may be required.
Mitigation Measure MM -CUL -4: If inadvertent discoveries of subsurface
cultural resources are discovered during ground -disturbing activities, the
Project Applicant, the Project qualified Archaeologist, and the Pechanga
Tribe shall assess the significance of such resources and shall meet and
confer regarding the mitigation for such resources. Pursuant to PRC Section
21083.2(b), avoidance is the preferred method of preservation for
archaeological resources. If the Project Applicant and the Pechanga Tribe
cannot agree on the significance or the mitigation for such resources, these
issues will be presented to the Planning Director for decision. The Planning
Director will make the determination based on the provisions of the
California Environmental Quality Act with respect to archaeological
resources and will take into account the religious beliefs, customs, and
practices of the Pechanga Tribe. Notwithstanding any other rights available
under the law, the decision of the Planning Director will be appealable to
the City Planning Commission and/or City of Temecula City Council.
Mitigation Measure MM -CUL -5: The landowner shall relinquish ownership
of all cultural resources, including sacred items. Burial goods and all
archaeological artifacts that are recovered as a result of Project
implementation to the Pechanga Tribe for proper treatment and disposition
as outlined in the Agreement (Mitigation Measure CUL -3).
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Mitigation Measure MM -CUL -6: M sacred sites, should they be
encountered within the Project area, shall be avoided and preserved as the
preferred mitigation, if feasible.
b. Facts in Support of Findings
There are no current, known archeological or built environment resources in the Project
Site that are listed in or eligible for listing in the California Register or local register, or that
may be considered unique archaeological resources. As such, there would be no impact
to known historical or unique archaeological resources. Nonetheless, archival research
indicates the Project Site lies within an area that is highly sensitive for cultural resources.
The lack of identified subsurface archaeological materials within or immediately adjacent
to the Project site greatly reduces the likelihood of encountering buried archaeological
resources, but it does not preclude this possibility entirely.
As such, there exists the possibility of encountering buried archaeological resources that
may be considered historical resources or unique archaeological resources pursuant to
CEQA. Mitigation Measures MM -CUL -1 through MM -CUL -6 require specific measures to
ensure that any such resources would be identified and any impacts to the resources
would be avoided. Therefore, these mitigation measures would ensure that impacts would
be reduced to less than significant.
2. Paleontological Resources
Impact CUL -2: The Project could not directly or indirectly destroy a unique
paleontological resource or site or unique geological feature.
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to
paleontological resources. Specifically, the following measure has been included to
ensure that the Project's potential paleontological resources impacts remain less than
significant.
Mitigation Measure MM -CUL -7: In the event paleontological resources are
discovered during Project implementation, the Project Applicant will notify
the City's Planning Director and a qualified paleontologist, defined as one
meeting the Society of Vertebrate Paleontology standards (Society of
Vertebrate Paleontology, 1995). The paleontologist shall document the
discovery as needed, evaluate the potential resource, and assess the
significance of the find under the criteria set forth in CEQA Guidelines
Section 15064.5. If fossil or fossil bearing deposits are discovered during
construction, excavations within 50 feet of the find shall be temporarily
halted or diverted until the discovery is examined by a qualified
paleontologist. The paleontologist shall notify the appropriate agencies to
determine procedures that would be followed before construction is allowed
to resume at the location of the find. If the City determines that avoidance
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is not feasible, the paleontologist shall prepare an excavation plan for
mitigating the effect of the Project on the qualities that make the resource
important. The plan will be submitted to the City for review and approval
prior to implementation.
b. Facts in Support of Findings
The Project vicinity is underlain by older Quarternary alluvium and the Pauba Formation.
Previous resource assessments indicate a wide range of vertebrate fauna from the
Rancholabrean North American Land Mammal Age have been recovered from older
Quarternary alluvium in the vicinity of the proposed Project. Furthermore, the Pauba
formation is known to contain vertebrate fossils of late Irvingtonian and early
Rancholabrean ages. As such, the older Quaternary alluvium and the Pauba Formation
have a high paleontological sensitivity and there exists the possibility that proposed
Project implementation may impact paleontological resource or unique geological feature.
Implementation of Mitigation Measure MM -CUL -7 would reduce potential impacts to
paleontological resources to less than significant.
3. Human Remains
Impact CUL -3: Because the Project would involve ground -disturbing
activities, it is possible that such actions could unearth, expose, or disturb
previously unknown human remains interred outside of a formal cemetery.
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to human
remains. Specifically, the following measure has been included to ensure that the
Project's potential human remain disturbance impacts remain less than significant.
Mitigation Measure MM -CUL -8: If human remains are encountered,
California Health and Safety Code Section 7050.5 states that no further
disturbance shall occur until the Riverside County Coroner has made the
necessary findings as to origin. Further, pursuant to PRC Section
5097.98(b), remains shall be left in place and free from disturbance until a
final decision as to the treatment and disposition has been made. If the
Riverside County Coroner determines the remains to be Native American,
the NAHC must be contacted within 24 hours. The NAHC must then
immediately identify the MLD upon receiving notification of the discovery.
The MLD shall then make recommendations within 48 hours and engage in
consultation concerning the treatment of the remains as provided in PRC
Section 5097.98 and the Agreement described in Mitigation Measure MM -
CUL -3.
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b. Facts in Support of Findings
No known human remains exist within the proposed Project vicinity. However, since the
proposed Project would involve ground -disturbing activities, it is possible that such
actions could unearth, expose, or disturb previously unknown human remains.
Implementation of Mitigation Measure MM -CUL -8 would ensure that impacts are less than
significant.
4. Tribal Cultural Resources
Impact CUL -4: Project implementation may cause a substantial adverse
change in the significance of a tribal cultural resource as defined in PRC
21074.
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to tribal
cultural resources. Specifically, the following measures have been included to ensure
that the Project's potential tribal cultural resources impacts remain less than significant.
Mitigation Measures MM -CUL -3, MM -CUL -4, MM -CUL -5, and MM -CUL -
6
b. Facts in Support of Findings
While no tribal cultural resources were identified within the Project site, at least four
resources were identified by the Pechanga Tribe within the immediate vicinity. Given the
sensitivity of the broader area for archaeological, ethno-historic, and tribal cultural
resources, the Pechanga Tribe considers the entire area to be highly sensitive for tribal
cultural resources. Project activities, particularly ground -disturbing activities, have the
potential to uncover previously unidentified resources that could be identified as tribal
cultural resources. In light of this sensitivity, the Pechanga tribe has requested Native
American monitoring of all ground disturbing activities associated with the Project. This
request has been incorporated into the mitigation measures presented in this section.
Implementation of Mitigation Measures MM -CUL -3 through MM -CUL -6 would reduce
potential impacts to tribal cultural resource to less than significant.
D. GEOLOGY AND SOILS
1 . Seismic Groundshakinq
Impact GEO-lb: The Project development could expose people or
structures to potential substantial adverse effects from strong seismic
groundshaking, including the risk of Toss, injury or death.
a. Findings
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The Project site is located in a seismically active region with active fault segments of the
Elsinore fault zone located approximately 2,000 feet from the Project boundary. The
Elsinore Fault Zone is one of the faults considered capable of producing significant
groundshaking. If not designed appropriately, the proposed Project's structures could be
damaged from significant groundshaking in a 6.7 or greater magnitude earthquake on the
Elsinore or one of the other regional active faults. Changes or alterations have been
required in or incorporated into the Project which avoid or substantially lessen the
potentially significant environmental effects to groundshaking to less than significant.
Specifically, the following measures have been included to ensure that the Project's
potential impacts remain less than significant.
Mitigation Measure MM-GEO-1: Prior to issuance of a building permit, a
final design level geotechnical report shall be prepared by a California
registered geotechnical engineer or engineering geologist and submitted to
the City in accordance with City, California Building Code (CBC) and
engineering standards. The final report shall be based on the
recommendations contained within the Preliminary Geotechnical report
prepared for the Project site and include measures to incorporate seismic
design measures that meets CBC requirements. The report shall address
all geotechnical hazards including seismic design, liquefaction, soil stability,
and any other geotechnical hazard identified at the site.
b. Facts in Support of Findings
The Project would be constructed in accordance with applicable City ordinances and
policies and consistent with the most recent version of the CBC, which requires structural
design that can accommodate ground accelerations expected from known active faults.
In addition, the design -level geotechnical investigations would be prepared by a California
registered Geotechnical Engineer or Engineering Geologist and recommendations would
include final design parameters for any retaining walls, foundations, foundation slabs, and
surrounding related improvements (cut slopes, utilities, roadways, parking lots and
sidewalks). These recommendations, based on those contained within the preliminary
geotechnical investigation prepared for the site would be necessary to reduce potential
impacts associated with groundshaking. Therefore, with implementation of the seismic
design requirements into construction specification as required by Mitigation Measure
GEO-1, the impacts associated with the effects associated with groundshaking would be
reduced to less than significant levels.
2. Construction Impacts to Soil Erosion
Impact GEO.2: Construction of the Project could result in soil erosion of the
loss of topsoil on the Project Site.
a. Findings
Construction of the Project has a potential to result in soil erosion or the loss of topsoil on
the Project Site because construction would involve significant earthwork activities,
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including grading and stockpiling of soils. Changes or alterations have been required in
or incorporated into the Project which avoid or substantially lessen the potentially
significant environmental effects to soil erosion to less than significant. Specifically, the
following measures have been included to ensure that the Project's potential impacts
remain less than significant.
Mitigation Measure MM -HYD -1: As a condition of approval, the proposed
Project shall be required to implement the Project -specific Water Quality
Management Plan (WQMP), as required by the City of Temecula
Stormwater Ordinance and as specified in the City's Jurisdictional Runoff
Management Plan, which will ensure that the final Project designs
implement specific water quality features to meet the City's Municipal
Separate Storm Sewer System (MS4) Permit and Stormwater Ordinance
requirements. The WQMP shall be reviewed and approved by the City of
Temecula prior to the issuance of a building or grading permit.
Mitigation Measure 3.5-1 (from OTSP Program EIR): Prior to the
issuance of a grading or building permit for individual Projects, the Project
developer shall file a Notice of Intent (NOI) with California to comply with
the requirements of the NPDES General Construction Permit (Municipal
Code, Chapter Chapter 8.24). This would include the preparation of a
SWPPP incorporating construction BMPs for control of erosion and
sedimentation contained in stormwater runoff.
b. Facts in Support of Findings
These mitigation measures require the implementation of construction BMPs, which
would be detailed in the SWPPP as required by the Construction General Permit from the
NPDES program, as further discussed in the Hydrology and Water Quality section, and
the preparation of a WQMP, as required by the City Stormwater Ordinance. Although
these measures are intended to prevent sedimentation from entering runoff from the site,
they generally prevent soil erosion and loss of topsoil occurring at a construction site.
Therefore, with adherence to these mitigation measures, potential construction -related
erosion would be reduced to Tess than significant.
1. Unstable or Expansive Soils
Impact GEO-3 and GEO-4: The Project could result in subsidence,
liquefaction, lateral spreading, expansion or collapse as a result of being
located on a geologic unit or soil that is unstable or that would become
unstable as a result of the proposed Project.
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to unstable
or expansive soils to less than significant. Specifically, the following measure has been
included to ensure that the Project's potential impacts remain less than significant.
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Mitigation Measure MM-GEO-1
b. Facts in Support of Findings
The Project would be required to adhere to City building code requirements, which include
the preparation of a design -level geotechnical investigation by a state licensed
geotechnical engineer and included as part of Mitigation Measure MM-GEO-1. The final
required geotechnical report for the Project would determine the susceptibility of the
subject site to settlement and prescribe appropriate engineering techniques for reducing
its effects based on site specific data of subsurface soils. The preliminary geotechnical
report prepared for the Project provides a basis of conditions that are expected to occur
but a final geotechnical report with specific design criteria would be required to obtain a
building permit. The final geotechnical report would determine appropriate foundation
requirements, footing size, fill placement, grading, and then any structural engineering
specific to the proposed elements of the Project. Therefore, implementation of standard
geotechnical engineering practices, which includes a geotechnical investigation
containing recommendations that are specific to the Project design, and adherence to
City and CBC building code requirements would result in less than significant impacts
from unstable soils and other adverse soil properties.
E. HAZARDS AND HAZARDOUS MATERIALS
1 Construction — Upset or Accidental Release of Hazardous Materials.
Impact HAZ-2: The Project could create a significant hazard to the public
or the environment through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into the
environment.
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to
hazardous materials. Specifically, the following measure has been included to ensure
that the Project's potential hazardous material impacts remain Tess than significant.
Mitigation Measure MM HAZ-1: As a condition of approval for a grading
permit, the use of construction BMPs shall be implemented as part of
construction to minimize the potential negative effects of accidental release of
hazardous materials to groundwater and soils. These shall include the
following:
• Follow manufacturer's recommendations on use, storage and
disposal of chemical products used in construction;
• Avoid overtopping construction equipment fuel gas tanks;
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• During routine maintenance of construction equipment, properly
contain and remove grease and oils; and
• Properly dispose of discarded containers of fuels and other
chemicals in accordance with manufacturer's specifications and local
and state regulations.
All the BMPs shall be in accordance with the most recent version of the
California Stormwater Quality Association (CASQA) BMP Handbook for
construction and included in contract specifications.
b. Facts in Support of Findings
The onsite storage and/or use of large quantities of materials capable of impacting soil
and groundwater are not typically required for a Project of this proposed size and type.
However, construction activities would require the use of certain hazardous materials
such as fuels, oils, solvents, and glues. The inadvertent release of large quantities of
these materials into the environment could adversely impact soil, surface waters, or
groundwater quality. As such, Mitigation Measure MM-HAZ-1 requires the
implementation of best management practices to minimize the potential negative effects
of accidental release of hazardous materials to groundwater and soils. Therefore, with
implementation of Mitigation Measure MM-HAZ-1, impacts would be reduced to less than
significant.
F. HYDROLOGY AND WATER QUALITY
Construction — Water Quality or Waste Discharge
Impact HYD -1 and HYD -6: Construction activities associated with the
Project would not violate water quality standards or waste discharge
requirements or otherwise substantially degrade water quality.
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to water
quality and waste discharge. Specifically, the following measure has been included to
ensure that the Project's potential impacts remain less than significant.
Mitigation Measure MM -HYD -1: As a condition of approval, the proposed
Project shall be required to implement the Project -specific Water Quality
Management Plan (WQMP), as required by the City of Temecula
Stormwater Ordinance and as specified in the City's Jurisdictional Runoff
Management Plan, which will ensure that the final Project designs
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implement specific water quality features to meet the City's Municipal
Separate Storm Sewer System (MS4) Permit and Stormwater Ordinance
requirements. The WQMP shall be reviewed and approved by the City of
Temecula prior to the issuance of a building or grading permit.
b. Facts in Support of Findings
During construction, potential impacts on water quality are related to sediments, turbidity,
and certain pollutants that might be associated with sediments (e.g., phosphorus and
legacy pesticides). Construction -related activities that are primarily responsible for
sediment releases are related to exposure of soils to rainfall/runoff and wind and include
removal of vegetation, grading, and excavation, Other pollutants that are of concern
during construction include waste materials, chemicals, concrete, and petroleum products
used in building construction or the maintenance of heavy equipment.
The Project construction would require disturbance of more than one acre, and thus would
be required to obtain coverage under the statewide NPDES Construction General Permit
(as also required by Mitigation Measure MM -3.5-1), which is contained within the OTSP
Program EIR and applies to this Project). The Construction General Permit requires the
development to prepare and implement a SWPPP, which would identify the sources of
sediment and other pollutants that may affect the quality of storm water discharges during
construction and describe the implementation and maintenance various BMPs to reduce
or eliminate the potential for sediment or pollutants to come into contact with stormwater
runoff during construction. With the application of the these regulations, construction -
related impacts to water quality from the Project would be Tess than significant.
Operation of the new development at the Project site would be required to comply with
the development planning requirements of the San Diego Regional Water Quality Control
Board (SDRWQCB) MS4 permit in effect at the time of construction and prepare a Project -
specific WQMP as required by the City of Temecula Stormwater Ordinance, per Mitigation
Measure MM -HYD -1. These regulations include implementation of non-structural,
structural, and source control and treatment control BMPs during the planning process
prior to Project approval for development projects. The SDRWQCB MS4 permit and the
City of Temecula Stormwater Ordinance require that the Project -specific WQMP shall
include a drainage hydrologic/hydraulic analysis that details the site's anticipated runoff
calculations. With implementation of these requirements, the Project would not result in
adverse impacts to water quality.
2. Drainage Pattern Alteration and Stormwater Facilities
Impact HYD -4 and HYD -5: The Project could substantially alter the existing drainage
pattern of the site such that increases in runoff result in flooding on or offsite or exceed
the capacity of existing or planned infrastructure.
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to drainage
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patterns. Specifically, the following measure has been included to ensure that the
Project's potential impacts remain Tess than significant.
Mitigation Measure MM -HYD -2: Prior to issuance of a grading permit, a
final 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 final 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, and shall
identify all existing or proposed 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 final
study shall include a capacity analysis verifying the adequacy of all
facilities. If the receiving facilities are determined to be under capacity, then
other improvements to existing or proposed drainage facilities shall be
incorporated into the final design in accordance with Public Works
requirements.
b. Facts in Support of Findings
Runoff generated on and off the site during construction would have the potential to
exceed the capacity of existing or planned stormwater drainage systems or provide
substantial additional sources of polluted runoff. The proposed drainage pattern would
generally be the same during Project construction when compared with the pre -Project
condition. As a result, runoff conditions would not substantially change during
construction activities. However, construction BMPs would be in place during storm
events as required by the Construction General Permit, which would reduce the potential
for stormwater to come into contact with pollutants and integrate it into surface water, to
the maximum extent practicable. BMPs have proven effective at substantially reducing or
eliminating runoff during construction. As a result, construction activities would not result
in runoff that would exceed the capacity of the adjacent existing drainage system capacity
or provide substantial additional sources of polluted runoff. Impacts to existing stormwater
drainage facilities during construction would be less than significant.
A conceptual drainage plan and WQMP has already been prepared for the site to address
how the Project would comply with drainage control requirements. The analyses
determined drainage management areas for the Project, calculations for Low Impact
Development (LID) BMP facilities, potential pollutants of concern, and a preliminary
design. As part of Mitigation Measure MM -HYD -2, a final drainage study would be
prepared by an engineer that would verify the capacity of the existing receiving drainage
facilities in accordance with City of Temecula requirements. Implementation of Mitigation
Measure HYD -2 and adherence to the requirements found in the MS4 permit would
ensure no substantial increases in stormwater runoff would occur and that the existing
capacity of storm water drainage systems would not be exceeded.
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G. NOISE
1. Operations - Permanent Increase in Ambient Noise Levels
Impact NOI-3: Operation of the proposed Project could result in a
substantial permanent increase in ambient noise levels in the Project vicinity
above existing levels.
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to
permanent increase in noise levels. Specifically, the following measures have been
included to ensure that the Project's potential impacts remain less than significant.
Mitigation Measure MM-NOl-4:
Building equipment (e.g., HVAC units) shall be located away from
nearby residences, on building rooftops, and properly shielded by
either the rooftop parapet or within an enclosure that effectively
blocks the line of sight of the source from the nearest receptors. The
resultant HVAC noise level shall not exceed 45 dBA at the nearest
receptors.
• In order to avoid noise -sensitive hours, commercial and retail shall
prohibit loading and unloading activities between the nighttime hours
of 10:00 PM and 7:00 AM.
• To further address the nuisance impact of loading dock/truck delivery
noise, all loading areas for commercial and retail uses shall be
located at the rear or sides of buildings within the commercial and
mixed-use districts, where noise can be directed away from
residential uses within the mixed use areas of the Project.
Mitigation Measure MM -N01-5: If necessary to comply with the interior
noise requirements of the City of Temecula and achieve an acceptable
interior noise level, noise reduction in the form of sound -rated assemblies
(i.e., windows, exterior doors, and walls) shall be incorporated into Project
building design, based upon recommendations of a qualified acoustical
engineer. Final recommendations for sound -rated assemblies will depend
on the specific building designs and layout of buildings on the site and shall
be determined during the design phase.
b. Facts in Support of Findings
As part of the proposed Project, new mechanical equipment, such as heating, ventilation,
and air conditioning units (HVAC), would be installed on the hotel building. Such rooftop
HVAC units typically generate noise levels of approximately 55 dB at a reference distance
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of 100 feet from the operating units during maximum heating or air conditioning
operations. The noise level of the HVAC, if on the edge of the building nearest the
sensitive receptors, could exceed the City of Temecula's 65 dBA noise standard.
Delivery trucks are expected to be used during on-site commercial operations. An idling
truck at 50 feet was found to produce noise levels of 72 dBA Leq, and a passing truck at
50 feet was found to produce noise levels of 68 dBA Leq. Cal -OSHA also requires backup
beepers to be at least 5 dBA above ambient noise levels. Because the truck delivery
access point would be the furthest point of the Project site away from sensitive receptors
(approximately 500 feet), the truck deliveries are not anticipated to impact nearby
residences.
The Project -specific traffic analysis revealed that traffic impacts for the proposed Project
would be Tess than significant and no mitigation measures would be required. Therefore,
noise impacts related to operational traffic are expected to be less than significant.
The OTSP Program EIR determined that residences in the Project area would be subject
to Title 24 of the California Code of Regulations, which requires an interior noise standard
of DNL 45 dBA in any habitable room. Although the proposed Project is a hotel project,
it is also subject to Title 24 Building Codes. Therefore, hotel rooms located along affected
roads exceeding 65 dBA would require sound -rated assemblies at the exterior facades of
project buildings. The OTSP Program EIR also included Mitigation Measures MM -N01-4
and MM -N01-5 to reduce indoor noise exposure to within City of Temecula and State
standards. Compliance with the mitigation measures contained in the OTSP Program
EIR, and herein incorporated by reference would reduce operational noise impacts to less
than significant levels.
H. TRAFFIC AND CIRCULATION
1. Cumulative Intersection Level of Service
Impact Cumulative CIR-1: The proposed Project would result in significant
impacts at the following intersections under Cumulative Conditions:
• Rancho California Road / Old Town Front Street (AM and PM peak
hours)
a. Findings
Changes or alterations have been required in or incorporated into the Project which avoid
or substantially lessen the potentially significant environmental effects related to traffic
under existing (2016) conditions. Specifically, the following measure has been included
to ensure that the Project's potential impacts remain less than significant.
Mitigation Measure MM-CUM-CIR-1. The Project applicant shall
contribute fair -share funding (2%) towards the optimization of the AM peak
hour traffic signal coordination timing plan. Since Rancho California Road
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operates an Adaptive Traffic Signal System, the entire corridor will require
optimization.
b. Facts in Support of Findings
The City of Temecula's significance criteria states that a traffic impact is considered
significant if the addition of Project traffic causes the intersection LOS to decrease to
worse than LOS D during peak hours. For intersections currently operating at LOS E or
F, a project impact will be considered significant if the project causes the delay at a
signalized intersection to increase by more than 2 seconds or adds more than 20 peak
hour trips to the critical movement of an unsignalized intersection.
All of the study intersections would operate acceptably at LOS D or better with and without
the proposed Project, with the exception of the following location, which would operate at
LOS E during the AM peak hour and LOS F during the PM peak hour:
• Rancho California Road / Old Town Front Street (AM and PM peak hours)
The intersection at Rancho California Road and Old Town Front Street currently operates
at LOS E (AM) and F (PM); the proposed Project's contribution to LOS E conditions during
the AM peak hour in combination with cumulative projects, is considered a significant
impact because the intersection delay would increase by more than two seconds.
Therefore, a significant cumulative impact would occur at the Rancho California Road
and Old Town Front Street intersection. However, implementation of Mitigation Measure
MM-CUM-C1R-1 would require the Project applicant to contribute fair -share funding
towards optimization of the AM peak hour traffic signal coordination timing plan. This
would reduce delay time at the intersection and would reduce this cumulative impact to
less than significant with the incorporation of mitigation.
VII. Environmental Effects that Remain Significant and Unavoidable After
Mitigation.
In the environmental areas of Greenhouse Gas (GHG) Emissions and Noise and
Vibration, there are instances where potential environmental impacts would remain
significant and unavoidable, as discussed below:
A. GREENHOUSE GAS EMISSIONS
1. Generation of GHG Emissions Impacts
Impact GHG-1: The Project would generate GHG emissions, either directly or
indirectly, that may have a significant impact on the environment.
Impact GHG-2: The Project would conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the emissions of greenhouse
gases.
a. Findings
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The OTSP Program EIR determined that implementation of the full build -out of the OTSP
Amendment would result in the generation of GHG emissions from construction and
operations that would exceed SCAQMD's GHG screening threshold, and therefore would
be considered a potentially significant impact. The GHG analysis contained in the OTSP
Program EIR was incorporated in Chapter 3.0, Summary of Findings from the OTSP
Program E1R, of the Project Draft SEIR.
Changes or alterations have been required in or incorporated into the Project that reduce
the impacts related to GHG emissions. The below mitigation measures from the OTSP
Program EIR are required in order to reduce GHG emissions impacts to the maximum
extent feasible.
Mitigation Measure 3.3-1 (from the OTSP Program EIR): The applicant
shall require implementation of all feasible energy efficiency and GHG
reduction measures, including but not limited to the following measures.
Energy Efficiency
• Design buildings to be energy efficient.
• Install efficient lighting and lighting control systems. Use daylight as an
integral part of lighting systems in buildings.
• Install light colored "cool" roofs, cool pavements.
• Provide information on energy management services for Targe energy
users.
• Install energy efficient heating and cooling systems, appliances and
equipment, and control systems.
• Install light emitting diodes (LEDs) for traffic, street and other outdoor
lighting.
Water Conservation and Efficiency
• Create water -efficient landscapes.
Install water -efficient irrigation systems and devices, such as soil
moisture -based irrigation controls.
Design buildings to be water -efficient. Install water -efficient fixtures and
appliances.
• Restrict watering methods (e.g., prohibit systems that apply water to
non -vegetated surfaces) and control runoff.
• Restrict the use of water for cleaning outdoor surfaces and vehicles
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• Implement low -impact development practices that maintain the existing
hydrologic character of the site to manage storm water and protect the
environment. (Retaining storm water runoff on-site can drastically
reduce the need for energy -intensive imported water at the site.)
• Devise a comprehensive water conservation strategy appropriate for the
project and location. The strategy may include many of the specific items
listed above, plus other innovative measures that are appropriate to the
specific project.
• Provide education about water conservation and available programs
and incentives.
Solid Waste Measures
• Reuse and recycle construction and demolition waste (including, but not
limited to, soil, vegetation, concrete, lumber, metal, and cardboard).
• Provide interior and exterior storage areas for recyciables and green
waste and adequate recycling containers located in public areas.
Land Use Measures
• Include mixed-use, infill, and higher density in development projects to
support the reduction of vehicle trips, promote alternatives to individual
vehicle travel, and promote efficient delivery of services and goods.
Transportation and Motor Vehicles
• Limit idling time for commercial vehicles, including delivery and
construction vehicles.
• Use low or zero -emission vehicles, including construction vehicles.
b. Facts in Support of Findings
The OTSP Program EIR determined that implementation of the full build -out of the OTSP
Amendment would result in approximately 12,004 metric tons (MT) of CO2e per year from
construction and approximately 192,657 MT CO2e per year from operations, which was
considered a potentially significant impact. The OTSP Program EIR included a list of GHG
reduction measures, incorporated above as Mitigation Measure 3.3-1, from the State of
California Attorney General's office that could be applied to a diverse range of projects in
order to reduce GHG emissions.
However, since the project would result in GHG emissions that would exceed the major
source threshold (25,000 MT CO2e per year) and the SCAQMD GHG screening threshold
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(3,000 MT CO2e per year), the OTSP Amendment would potentially conflict with the
state's ability to meet the AB 32 goals. Even with implementation of all measures that are
feasible from Mitigation Measure 3.3-1 listed above, build -out of the OTSP Amendment
was considered to be a major source of greenhouse gases and would exceed the
SCAQMD GHG screening threshold. Consequently, the increase in greenhouse gases
from implementation of the OTSP places the project in conflict with the goal of the state
to reduce up to 169 million metric tons CO2e/year. The OTSP Program EIR determined
impacts related to GHG emissions would be significant.
Implementation of the proposed Project would not introduce any new land uses that were
not already accounted for in the certified OTSP Program EIR. The Project would involve
an amendment to the OTSP that would relocate a portion of the Hotel Overlay zone to
the Project site and would not change the overall intensity or distribution of uses in the
Specific Plan area. The GHG emissions resulting from the construction and operation of
the Project are cumulative in nature. Therefore, Project -specific emissions are accounted
for in the OTSP Program EIR and there would be no additional emissions as a result the
Project. Since the OTSP Program EIR determined that impacts from GHG emissions
would be considered significant and unavoidable, the proposed Project would also have
significant and unavoidable impacts related to GHG emissions.
B. NOISE AND VIBRATION
Construction Noise Impacts
Impact NOI-1: The Project would result in the exposure of persons to, or
generation of, noise levels in excess of standards established in the local general
plan or noise ordinance.
Impact NOI-2: The Project would exposure of persons to, or generation of,
excessive ground -borne vibration or ground -borne noise levels
Impact NOI-4: The Project would result in a substantial temporary or periodic
increase in ambient noise levels in the Project vicinity above levels existing without
the project.
a. Findings
During construction, the proposed Project has a potential to temporarily generate noise
levels that may result in (1) exposure of persons to or generation of noise or ground -borne
vibration levels in excess of applicable local standards and (2) a substantial temporary or
periodic increase in ambient noise levels in the Project vicinity above levels existing
without the Project.
Changes or alterations have been required in or incorporated into the Project that reduce
the impacts related to construction noise and vibration. The below mitigation measures
are required in order to reduce construction noise and vibration impacts to the maximum
extent feasible.
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Mitigation Measure MM -N01-1:
• The applicant shall ensure, as specified in City of Temecula Ordinance
No. 94-25, that no construction may occur within one-quarter (1/4) of a
mile of any occupied residence during the following hours:
o 6:30 PM to 6:30 AM, Monday through Friday.
o Before 7:00 AM or after 6:30 PM, Saturday.
At any time on Sunday or any nationally recognized holiday.
• The applicant shall ensure that all construction equipment will have
properly operating mufflers.
• The applicant shall ensure that all construction staging shall be
performed as far as possible from occupied dwellings.
• The applicant shall ensure that signs shall be posted at the construction
sites that include permitted construction days and hours, and a contact
number for the job site.
Mitigation Measure MM -N01-2: The construction contractor will conduct
crack surveys before construction activities that could cause architectural
damage to nearby structures. The survey will include any historic buildings
or buildings in poor condition within 15 feet of construction_ The surveys will
be done by photographs, video tape, or visual inventory, and will include
inside as well as outside locations. All existing cracks in walls, floors, and
driveways should be documented with sufficient detail for comparison after
construction to determine whether actual vibration damage occurred. A
post -construction survey should be conducted to document the condition of
the surrounding buildings after the construction is complete. The
construction contractor would be liable for construction vibration damage to
adjacent structures.
Mitigation Measure NOI-3: Implement Temporary Noise Barriers.
Implement the field -erected temporary noise barriers including but not
limited to sound blankets on existing fences and walls or the use of
freestanding portable sound walls, to block the line -of -site between
construction equipment and noise -sensitive receptors during Project
implementation. Noise barriers should be a minimum of 8 -feet -tall and
continuous between the source of noise and adjacent or nearby noise -
sensitive receptors. Noise barriers are most effective when placed directly
adjacent to either the noise source or receptor. Place sound barriers around
stationary sources and near windows, where feasible.
Barrier construction may include, but not necessarily be limited to, using
appropriately thick wooden panel walls (at least 1/2 inch thick), as shown in
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Figure 3.8-1, which are tall enough to block the line -of -sight between the
dominant construction noise source(s) and the noise -sensitive receptor.
Such barriers can reduce construction noise by 5 to 15 dBA at nearby noise -
sensitive receptor locations, depending on barrier height and length, and
the distance between the barrier and the noise -producing equipment or
activity. Alternately, field -erected noise curtain assemblies could be
installed around specific equipment sites or zones of anticipated mobile or
stationary activity, resembling the sample shown in Figure 3.8-2. These
techniques are most effective and practical when the construction activity
noise source is stationary (e.g., auger or drill operation) and the specific
source locations of noise emission are near the ground and can be placed
as close to the equipment/activity-facing side of the noise barrier as
possible. Barrier layout and other implementation details would vary by
construction site.
b. Facts in Support of Findings
Construction of the proposed Project would require the use of heavy equipment during
the grading and excavation activities at the Project site, installation of new utilities, paving,
and building fabrication for the proposed residential buildings. Development activities
would also involve the use of smaller power tools, generators, and other sources of noise.
During each stage of development, there would be a different mix of equipment, which
means that construction activity noise levels at and near the Project Site would fluctuate
depending on the particular type, number, and duration of use of the various pieces of
construction equipment.
Under Municipal Code Section 9.20.040, the exterior noise standard for single-family
residential use receptors is 65 dBA Ldn/CNEL. However, Section 9.20.070 (Exceptions)
allows for construction -related exceptions from these noise standards if approved by the
City Manager. The request for construction -related exceptions must be submitted in
writing at least three working days in advance of the scheduled and permitted construction
activity, and be accompanied with the appropriate inspection fee(s). Further, construction
activities are prohibited between the hours of 6:30 P.M. and 7:00 A.M. Monday through
Friday, and are allowed on Saturday only between 7:00 A.M. and 6:30 P.M. Construction
activities are prohibited on Sundays and nationally recognized holidays.
Existing sensitive receptors in the vicinity of the Project site consist of the residential
apartment buildings located 65 feet southwest of the Project boundary. Because the
nearest sensitive receptor is close to the Project site, construction activity would generate
noise levels, which would result in a substantial increase in ambient noise levels at the
nearby receptors. Therefore, the impact would be significant, as indicated in the OTSP
Program EIR.
To address significant construction noise impacts of a substantial increase in ambient
noise levels, the proposed Project would be required to comply with noise Mitigation
Measures MM -N01-1 and MM -N01-2, which were identified in the OTSP Program EIR.
To further reduce construction noise levels at residences, Mitigation Measure MM -N01-3
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would include the implementation of temporary noise barriers at construction activities.
The barrier material is assumed to be solid and dense enough to demonstrate acoustical
transmission loss that is at least 10 dBA greater than the estimated noise reduction effect.
These suggested barrier types do not represent the only ways to achieve the indicated
noise reduction in dBA; they represent examples of how such noise attenuation might be
attained by an implemented measure under the right conditions.
Implementation of Mitigation Measure MM -N01-1 would reduce construction noise levels
at the nearby receptors, thereby, reducing the increase in ambient noise levels due to
Project construction. However, mitigation measure NOI-1 may not be feasible to
physically implement at the construction activities to achieve blocking line -of -sight
between the construction noise sources and the nearby sensitive receptors. For example,
temporary barriers may not feasibly be tall and or wide enough to block Zine -of -sight,
and/or and the placement of temporary barriers could endanger construction crew
members and equipment. Therefore, impacts would be potentially significant and
unavoidable with regard to resulting in a substantial increase in ambient noise levels.
The OTSP Program EIR determined that use of a large bulldozer for Project construction
generates vibration levels of up to 0.089 PPV or 87 RMS at a distance of 25 feet.
Implementation of mitigations measures would reduce vibration impacts. A large
bulldozer would reduce to 80 RMS at 45 feet and increase to 0.2 PPV at 15 feet from
operation. The OTSP Program EIR determined that this impact would be less than
significant with implementation of OTSP Mitigation Measures MM -N01-1 and MM -N01-2.
However, even with the implementation of these mitigation measures, construction of the
proposed Project would result in significant and unavoidable temporary vibration impacts
to the nearby sensitive receptors.
Due to the proximity of the nearest residences to the Project site, it is anticipated that
even with the implementation of the mitigation measures identified in the OTSP Program
EIR, and additional measures proposed (i.e, noise barriers), construction of the proposed
Project would potentially result in a substantial temporary increase in ambient noise levels
at nearby sensitive receptors during construction. Therefore, the impact would be
significant and unavoidable. No additional feasible mitigation measures are available to
reduce construction noise impacts to sensitive receptors.
VIII. Project Alternatives.
The SEIR considered and analyzed three alternatives to the Proposed Project:
Alternative 1—No Project Alternative (No Development); Alternative 2— Reduced Hotel
with no Specific Plan Amendment Alternative; and Alternative 3— Commercial and
Residential Use Alternative.
The three alternatives that were analyzed in the SEIR are discussed below, including the
basis for rejecting each alternative. In addition, comparison of the alternatives is available
in Table 5-2 of the SEIR. Each alternative's environmental impacts are considered and
analyzed, along with an analysis of whether it achieves any of the Project Objectives as
shown below.
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•
• Provide an upscale lodging facility that will service both residents and
tourists visiting Old Town Temecula;
• Provide additional conference room facilities within Old Town Temecula;
and
• Create an aesthetically compatible development and minimize impacts to
neighboring properties by designing with high quality architecture and
signage.
A. ALTERNATIVE 1—NO PROJECT ALTERNATIVE (NO DEVELOPMENT)
1 Summary of Alternative
Alternative 1 evaluates the environmental impacts if the Project site were to remain in its
current state for the foreseeable future. The Project site is comprised of approximately
1.8 acres of predominantly developed land in Old Town Temecula. The Project site is
currently developed with approximately 22,424 square feet (SF) of several vacant
buildings. An undeveloped parcel approximately 17,500 SF is located across Third Street
where the proposed parking garage would be constructed.
Under this alternative, the Project site would remain vacant and the proposed hotel and
parking garage would not be built. The site would continue to contain the existing
structures on the hotel site and vacant land on the garage site. Unimproved areas along
Third Street would not be landscaped or improved in any way.
2 Reason for Rejecting Alternative
Alternative 1 is the "No Build" alternative in which no development would occur on the
Project Site. The Site would remain vacant, undeveloped land. Because no development
or change would occur on the Project Site, no impacts would occur. As such, the proposed
Project's impacts would generally be reduced under this Alternative.
For aesthetics impacts, the existing Project site under Alternative 1 would not feature any
additional sources of light and glare. No impacts to scenic vistas or resources would occur
under this alternative. Under the proposed Project, the site would be developed with an
aesthetic character in accordance with the design guidelines specified in the Old Town
Specific Plan and visual quality of the site would be enhanced. Under Alternative 1, the
existing site would remain vacant which degrades the existing visual character or quality
of the site and its surroundings due to its current lack of unkempt appearance. Therefore,
implementation of Alternative 1 would result in more negative aesthetic impacts than the
proposed Project.
Air quality impacts would be reduced compared to the proposed Project because
Alternative 1 would result in no construction -related emissions (from construction
activities, vehicles, and equipment), and no operational emissions (associated with
increased traffic). With no construction and no additional traffic volumes or operational
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emissions, air emissions in the vicinity would remain unchanged. No impact to air quality
would occur as a result of this alternative, so impacts would be reduced as compared to
the proposed Project.
No potential impacts to cultural resources would occur under Altemative 1 because no
grading activities would occur that could unearth cultural resources or disturb
paleontological resources. Under this alternative, there would be no changes to the site
and thus no impact to cultural resources would occur, eliminating any potential Project
impacts.
Potential impacts to geology and soils, such soil erosion during construction, would not
occur under Alternative 1. The Project site would not be developed. However, geology
and soils effects under the proposed Project are not anticipated to be significant, so these
differences would be negligible.
Construction -related hazardous materials would not be brought to the site, nor would
hazardous materials be used during operation of the proposed Project, such as
landscaping sprays or household cleaning products. Therefore, this alternative would
result in fewer impacts related to hazards and hazardous materials than the proposed
Project.
No increase of impervious surfaces and no change to the natural drainage patterns of the
Project site would occur under Alternative 1. No improvements would be required for
water quality treatment. Overall, this alternative would result in fewer effects related to
hydrology and water quality than the proposed Project.
Under Alternative 1, no change would occur to the existing conditions at the Project site.
This altemative would involve no amendment or rezoning associated with the Specific
Plan. Because no change to the existing land use or land use plans and policies related
to the Project site would occur, this alternative would have no direct impact on land use
at the site or in the vicinity.
Alternative 1 would not result in any change to existing ambient noise levels and would
introduce no new source of noise. Because the site would remain with the existing non-
operational uses under this alternative, traffic -related noise attributable to the Project
would not occur. This alternative would result in no impact related to noise at or in the
vicinity of the Project site. The significant and unavoidable temporary construction noise
impact would be completely avoided. Impacts would be reduced and the proposed Project
construction -phase impacts would not occur.
Under Altemative 1, no additional traffic would be generated by uses on the Project site,
which is vacant or out of business, resulting in no impacts related to traffic and circulation.
Thus, Alternative 1 would result in fewer impacts when compared to the proposed Project.
Under Alternative 1, the Project site would not.be developed and no increase demand for
water, wastewater, or solid waste services would occur. No new water service or sewer
line connections would be developed under Alternative 1. Thus, under Alternative 1,
impacts to utilities and service systems would not occur.
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Overall, Alternative 1 would reduce environmental impacts compared to the proposed
Project. However, Alternative 1 does not satisfy any of the three Project Objectives.
Because Alternative 1 would result in no development of the Project Site, it would not
provide an upscale lodging facility or conference room facilities that will service both
residents and tourists visiting Old Town Temecula. Whereas the proposed Project
satisfies each Project Object, Alternative 1 fulfills none of the Objectives.
Thus, the City Council finds that Alternative 1 would not meet any of the Project
Objectives. The City Council hereby finds that each of the reasons set forth above would
be an independent ground for rejecting Alternative 1, and by itself, independent of any
other reason, would justify rejection of Alternative 1.
B. ALTERNATIVE 2—GENERAL PLAN ALTERNATIVE
1 Summary of Alternative
Under this alternative, the Project site would be developed with a smaller, three-story
hotel, which would include 90 rooms, and would be in accordance with the current Specific
Plan land use designation for the Project site, which is Downtown Core (OTC). This
alternative would still develop the parking garage. This alternative would not include the
Specific Plan Amendment to relocate a portion of the Hotel Overlay (HO) onto the
proposed Project site. The hotel would be developed on the existing DTC zoning district,
where permitted uses include, but are not limited to hotels, art galleries, museums,
restaurants, entertainment oriented uses, small scale boutique retailers such as gift,
specialty food, and antique shops and similar retail uses, offices and service oriented
uses. Hotels under three stories in the DTC zoning district are not subject to the
Supplemental Standards and Special Use Standards in Section IV.G of the Old Town
Specific Plan.
2. Reason for Reiectinq Alternative
Environmental impacts in the Biological Resources, Cultural Resources, Geology and
Soils, and Hydrology and Water Resources correlate primarily with the footprint of site
development because they relate to the location of a Project and the development of
vacant land. A similar area would be disturbed under either Alternative 2 and the proposed
Project. Therefore, Alternative 2 would have the same impact in these areas when
compared to the proposed Project.
Under Alternative 2, the site would be developed with a three-story hotel. Impacts to
scenic vistas and scenic resources would be similar to the proposed Project since
development of the hotel in either scenario would partially block views of the western
viewshed from certain viewpoints. In addition, the hotel developed under Alternative 2
would also be required to comply with the DTC design guidelines and standards because
these guidelines and standards apply to all buildings within the DTC or DTC/HO zoning
districts. Therefore, the Alternative 2 hotel would be designed with architectural elements
that are consistent with the Old Town Specific Plan and would be fitting with the visual
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character of its surroundings. Thus, implementation of Alternative 2 would result in similar
aesthetic impacts compared to the proposed Project.
Under Alternative 2, construction of the smaller hotel would result in a shorter construction
schedule, fewer ground -disturbing activities and less construction equipment on site.
Construction -related emissions from Alternative 2 would have fewer air quality impacts
than the proposed Project. Operation of the smaller hotel would result in less energy
usage by the building, fewer vehicle trips generated and reduced area source emissions
produced on site, in comparison to the proposed Project. Therefore, implementation of
Alternative 2 would have fewer air quality impacts than the proposed Project.
Under Alternative 2, a similar area would be disturbed as the proposed Project, and thus,
ground disturbing impacts to below ground cultural resources would be similar. The
reduced building height under Alternative 2 would not impact cultural resources. However,
the development envelope of Alternative 2 would be smaller, thus potential impacts to
nearby potential historic structures would be reduced. Therefore, implementation of
Alternative 2 would have fewer cultural resources impacts than the proposed Project.
Under Alternative 2, the smaller hotel with a reduced building height would be developed
with the same California Building Code guidelines and standards as the proposed Project,
resulting in the same structural -related and geologic -hazard impacts as the proposed
Project.
Under Alternative 2, construction and operation of the smaller hotel would result in fewer
amounts of hazardous materials that would be used, transported, stored and disposed in
comparison to the proposed Project. However, the hotel developed under Alternative 2
would similarly be required to comply with all relevant permits and plans that address and
limit the potential release of hazardous materials during construction and operation of the
proposed Project. Therefore, Alternative 2 would result in similar, but slightly reduced,
hazard -related impacts as the proposed Project.
Similar to the proposed Project, Alternative 2 would increase impervious surfaces on the
Project site. The smaller hotel under Alternative 2 would likewise be required to adopt a
water quality management plan and best management practices to ensure that
construction and operation of the hotel do not result in significant impacts to hydrology
and water quality. The Project under Altemative 2 would require the same drainage
modifications as the proposed Project. Altemative 2 would result in similar effects on
hydrology and water quality as the proposed Project.
Under Alternative 2, the smaller hotel would be developed on the current Specific Plan
land use designation DTC zoning district and no OTSP amendment would be required,
resulting in no land use impacts. According to the Specific Plan guidelines, a hotel under
four stories is permitted in the DTC zoning district. The smaller hotel would be required
to comply with the land use and urban development standards specified for the DTC and
DTC/HO zoning districts, similar to the proposed Project. Therefore, Alternative 2 would
result in similar land use impacts as the proposed Project.
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Like the proposed Project, Alternative 2 would increase ambient noise levels and would
introduce a new source of noise at the Project site. Construction -related traffic would
increase for both the proposed Project and Alternative 2. Traffic -related noise would also
increase as a result of both this alternative and the proposed Project. Alternative 2 would
generate less daily trips than the proposed Project. However, Alternative 2 would also
have a significant and unavoidable temporary construction noise impact on the nearby
sensitive receptors to the Project site.
Under Alternative 2, the three-story hotel would have approximately 90 rooms, resulting
in a total of approximately 735 daily trips, which is 499 daily trips Tess than the proposed
Project's estimated 1,234 daily trips. Therefore, Alternative 2 would decrease the amount
of vehicles in the surrounding circulation system and result in fewer impacts related to
traffic and circulation compared to the proposed Project.
The proposed Project would result in an increase in the demand for water, wastewater
services, and solid waste disposal. Under Alternative 2, the Project site would be
developed with a smaller hotel use and which would also increase the demand for water,
wastewater, or solid waste services over existing conditions. However, because the hotel
would be reduced in size and accommodate fewer guests under Alternative 2, there would
be less water consumed and less wastewater generated than the proposed Project. Thus,
implementation of Alternative 2 would result in fewer impacts related to utilities and
service systems compared to the proposed Project.
Overall, Alternative 2 would result in similar or reduced impacts in all environmental
resource areas as compared to the proposed Project. Thus, Alternative 2 would overall
result in lesser environment impacts.
Alternative 2 would partially accomplish the objectives set forth by the Project. It would
provide an upscale lodging facility, additional conference room facilities, and be
aesthetically compatible within Old Town Temecula. However, Alternative 2 would
provide only 90 lodging rooms, as compared to the 151 lodging rooms in the proposed
Project. Because Alternative 2 would provide 61 fewer lodging rooms, it would not service
the anticipated demand for lodging facilities for residents and tourists in the Old Town
area and would not fulfill the DTC/HO designation's purpose of allowing a greater number
of rooms to serve lodging needs. Thus, the City Council finds that Alternative 2 would not
fully meet any of the Project Objectives.
The City Council hereby finds that each of the reasons set forth above would be an
independent ground for rejecting Alternative 2, and by itself, independent of any other
reason, would justify rejection of Alternative 2.
C. ALTERNATIVE 3—REDUCED DEVELOPMENT ALTERNATIVE
1. Summary of Alternative
Under this alternative, a mixed-use commercial retail and residential development would
be developed on the Project site, currently designated as DTC zoning district according
to the Specific Plan. This alternative would not involve the development of a hotel and
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would not provide conference facilities and banquet rooms, as is provided by the
proposed Project. The Project would not require a Specific Plan Amendment for rezoning.
The Old Town Specific Plan Land Use and Urban Development standards permit the use
of commercial retail and residential uses in the DTC zoning district. However, only
attached and non -ground floor residential uses permitted in the DTC area along Old Town
Front Street and Main Street. Alternative 3 would develop approximately 61,000 square
feet of commercial uses and approximately 123,000 square feet of residential uses,
consisting of 120 residential units.
2. Reason for Resecting Alternative
Under Alternative 3, the site would be developed with a mixed-use commercial and
residential development with a four-story, 50 feet maximum height. Impacts to scenic
vistas and scenic resources would be similar to the proposed Project, since development
of the mixed-use building would also partially block views of the western viewshed from
certain viewpoints. In addition, the development under Alternative 3 would also be
required to comply with the DTC design guidelines and standards because these
guidelines and standards apply to all buildings within the DTC or DTC/HO zoning districts.
Therefore, the Alternative 3 development would be designed with architectural elements
that are consistent with the Old Town Specific Plan guidelines and would be fitting with
the visual character of its surroundings. Thus, implementation of Altemative 3 would result
in similar aesthetic impacts compared to the proposed Project.
Under Alternative 3, there would be a similar amount of construction -related emissions to
the proposed Project due to comparable ground -disturbing activities, amount of
construction equipment, and size of budding footprint. Therefore, construction -related
emissions from Altemative 3 would have similar air quality impacts than the proposed
Project. Operation of the mixed-use commercial and residential development, however,
would result in higher intensity energy usage by the building, greater vehicle trips
generated and increased area source emissions produced on site in comparison to the
proposed Project due to the permanent residency within the residential units. Therefore,
implementation of Alternative 3 would have greater air quality impacts from operational
emissions than the proposed Project.
Under Alternative 3, a similar area would be disturbed as the proposed Project, and thus,
impacts to below surface cultural resources would be similar. The development envelope
of Alternative 3 would also be similar, thus potential impacts to nearby potential historic
structures would be reduced. Therefore, implementation of Alternative 3 would have
similar cultural resources impacts than the proposed Project.
Under Alternative 3, the mixed-use development would also be developed with the same
California Building Code guidelines and standards as the proposed Project, resulting in
the same structural -related and geologic -hazard impacts as the proposed Project.
Under Altemative 3, construction and operation of a mixed-use Project would result in
similar amounts of hazardous materials that would be used, transported, stored and
disposed in comparison to the proposed Project. In addition, the development under
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Alternative 3 would similarly be required to comply with all relevant permits and plans that
address and limit the potential release of hazardous materials during construction and
operation of the proposed Project. Therefore, Alternative 3 would result in similar hazard -
related impacts as the proposed Project.
Similar to the proposed Project, Altemative 3 would also increase impervious surfaces on
the Project site. The mixed-use development under Altemative 3 would likewise be
required to adopt a water quality management plan and best management practices to
ensure that the construction and operation of the development does not result in
significant impacts to hydrology and water quality. Alternative 3 would result in similar
effects on hydrology and water quality as the proposed Project.
Under Alternative 3, the site would be developed with a mixed-use development and
would be developed on the current Specific Plan land use designation DTC zoning district.
According to the Specific Plan guidelines, commercial and residential uses under four
stories are permitted in the DTC zoning district. The development would be required to
comply with the land use and development standards specified for the DTC and DTC/HO
zoning districts, similar to the proposed Project. Additionally, development of Alternative
3 would not require a Specific Plan Amendment. Therefore, Alternative 3 would result in
reduced land use impacts as the proposed Project.
Like the proposed Project, Alternative 3 would increase ambient noise levels and would
introduce a new source of noise at the Project site. Construction -related traffic would
increase in the Project area for both the proposed Project and Alternative 3. Similar to the
proposed Project, Alternative 3 would also have a significant and unavoidable temporary
construction noise impact. Similarly, traffic -related noise would also increase as a result
of this alternative; however, traffic would increase more with Alternative 3 than the
proposed Project. Overall, Alternative 3 would result in greater noise impacts than the
proposed Project.
The proposed Project would result in an increase in traffic congestion at nearby
intersections and would generate 1,234 daily trips. With Alternative 3, the amount of trips
generated from the commercial and residential uses would be increased to 3,427 daily
trips, resulting in greater impacts to traffic and circulation than the proposed Project.
The proposed Project would result in an increase in the demand for water, wastewater
services, and solid waste disposal compared to the existing non -operational uses at the
site. The proposed Project would also result in approximately 3.8 million gallons per year
(MGY) of water consumed and produce approximately 82.7 tons of waste per year. Under
Alternative 3, the Project site would be developed with mixed use, commercial and
residential uses, which would also increase the demand for water, wastewater, or solid
waste services over existing conditions. Implementation of Alternative 3 would result in
approximately 20.1 MGY of water consumed and produce approximately 119.9 tons of
solid waste per year. Thus, implementation of Alternative 3 would result in greater
impacts related to utilities and service systems compared to the proposed Project.
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Overall, Alternative 3 would result in similar or reduced impacts to aesthetics, cultural
resources, geology and soils, hazardous materials, hydrology and land use in comparison
to the Project. However, Alternative 3 would result in increased impacts to air quality,
noise, traffic and circulation, and utilities in comparison to the Project. Thus, Alternative 3
would result in greater environment impacts and it is considered not the environmentally
superior alternative.
In addition, Alternative 3 would not accomplish all of the Project Objectives. Although
Alternative 3 would develop an aesthetically compatible mixed-use development in Old
Town Temecula, it would not provide an upscale lodging facility or additional conference
room facilities in Old Town Temecula.
Thus, the City Council finds that Alternative 3 would not fully achieve the benefits of the
Project Objectives and does not avoid the Project's significant environmental impacts.
The City Council hereby finds that each of the reasons set forth above would be an
independent ground for rejecting Alternative 3, and by itself, independent of any other
reason, would justify rejection of Alternative 3.
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Exhibit C
STATEMENT OF OVERRIDING CONSIDERATIONS
The following Statement of Overriding Considerations is made in connection with the
proposed approval of the Truax Hotel Development (the "Project").
CEQA requires the decision-making agency to balance the economic, legal, social,
technological or other benefits of a project against its unavoidable environmental effects when
determining whether to approve a project. If the benefits of the project outweigh the
unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the
agency to provide written findings supporting the specific reasons for considering a project
acceptable when significant impacts are unavoidable. Such reasons must be based on
substantial evidence in the EIR or elsewhere in the administrative record. The reasons for
proceeding with this Project despite the adverse environmental impacts that may result are
provided in this Statement of Overriding Considerations.
The City Council finds that all feasible mitigation measures have been imposed to either lessen
Project impacts to less than significant or to the extent feasible, and furthermore, that
alternatives to the Project are infeasible because they generally have similar impacts, or they do
not provide the benefits of the Project, or are otherwise socially or economically infeasible as
fully described in the Findings and Facts in Support of Findings.
The City Council finds that the economic, social and other benefits of the Project outweigh
the significant and unavoidable impacts in the areas of Noise and Vibration and Greenhouse
Gas Emissions. In making this finding, the City Council has balanced the benefits of the Project
against its unavoidable impacts. The City Council finds that each one of the following benefits
of the Project independently warrant approval of the Project notwithstanding the unavoidable
environmental impacts of the Project. Each of the following benefits, standing alone, is sufficient
justification for the City Council to override these unavoidable environmental impacts.
A. Hotels were identified as a desirable use for Old Town during the Old Town Specific
Plan visioning process (Land Use/Economic Policy 9 — Old Town Specific Plan). As a result, the
Old Town Specific Plan provided for the Downtown Core/Hotel Overlay district with the intent to
encourage the development of a full service hotel with conference facilities, restaurant and other
guest services. The Project is a full service hotel with conference facilities, restaurant, valet
parking, gym, and pool.
B. The Project is anticipated to stimulate continued development growth within Old Town.
Land Use/Economics Objective 5 of the Old Town Specific Plan seeks to establish Old Town as
a "24 hour' destination. The overnight guests are anticipated to contribute to the overall Old
Town economy during their stay by shopping in local stores and eating at local restaurants.
C. Temecula Valley visitor volume has consistently increased, which has increased
demand for additional hotel rooms within Temecula. The Project will help satisfy this growing
demand by creating 151 new hotel rooms as part of a full-service hotel.
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Program
Mitigation Measures
Responsible Action
Monitoring Enforcement Monitoring Indicating
Phase Agency Agency Compliance Initials
Verification of Compliance
Date
Remarks
Aesthetics
Old Town Specific Plan Program EIR Mitigation Measures
Measure 3.1-3a: The applicant shall ensure that all lighting fixtures shall
contain "sharp cut-off" fixtures, and shall be fitted with flat glass lenses and
intemal and extemal shielding.
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Building Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.1-3b: The applicant shall ensure that all fixtures shall be
parallel with the finished grade of the project site; no fixtures shall be tilted
above a 90 -degree angle.
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Building Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.1-3c: The applicant shall ensure that site lighting systems shall
be grouped into control zones to allow for open. closing, and night
light/security lighting schemes All control groups shall be controlled by an
automatic lighting system utilizing a time clock. photocell. and low voltage
relays.
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Building Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.1-3d: The applicant shall ensure that design and layout of the
site shall take advantage of landscaping, on-site architectural massing, and
off-site architectural massing to block light sources and reflection from cars.
Pre -Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Building Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.1-3e: The applicant shall submit a lighting plan and photometric
plan to be reviewed by the City of Temecula. The lighting plan shall include
design features (such as those mentioned above) to minimize impacts of
light and glare on the surrounding area.
Pre -Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Building Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.1-3f: The City shall complete a post -installation inspection to
ensure that the site is not excessively illuminated (such that lighting is not
creating excessive glare, unreasonably competing for the public's attention
or creating any roadway safety hazard) and that lighting sources are
property shielded.
Post -Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Building Permit
and field
verification and
sign -off by City
of Temecula
Truax Hotel Project
MMRP
ESA / 160579
August 2017
iuewg0eRy
Mitigation Monitonng and RepoMnp Program
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Mitigation Measures
Monitoring
Phase
Enforcement
Agency
Responsible
Monitoring
Age ncy
Action
Indicating
Compliance
Verification of Compliance
Initials
Date
Measure 3.1-39: In order to mrugate potential impacts to the Mount
Palomar Observatory all lighting pians shall be reviewed by the City to
assure uttl¢atton of low pressure sodium vapor lamps, step-ctown fighting
techniques, shielding to prevent upward and outward illumination and
compliance with the County Ordinance No. 655.
Pia-COnshuctlon
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Building Permit
and field
verification and
sign -of( by Oily
of Temecula
Measure 3.1-3h: The proposed Specific Plan amendment shall prohibit the
use of highly reflective construction materials on extenor wail surfaces. The
exterior of permitted buildings shall be constructed of materials such as
high performance tinted non -mirrored glass, painted metal panels and pre-
cast concrete or fabricated wall surfaces.
Pre -Construction f
Construction /
Post -Construction
Cily of
Temecula
City of
Temecula
Building Official
or other
Designee
City of
Temecula
project approval
and field
verification and
sign -off by City
of Temecula
Project -specific Mitigation Measures
Mitigation Measure MM -AES -1: The project applicant would be required
to implement the lighting reduction mitigation proposed in the OTSP
Program EIR. the following light and glare standards shall be applied to
the proposed project,
• the applicant shah ensure that all lighting fixtures shall contain "sharp
cut-off fixtures, and shall be fitted with flat glass lenses and internal
and external shielding.
• The applicant shall ensure that all fixtures shall be parallel with the
finished grade of the project site: no fixtures shall be tilted above a
90 -degree angle.
• The applicant shall ensure that site lighting systems shall be grouped
into control zones to allow for open, closing, and ngnl light/security
lighting schemes. Alt control groups shall be controlled by an
automatic lighting system utilizing a time clock, photocell, and low
voltage relays.
• The applicant shall ensure that design and layout of the site shall take
advantage of tandscaping, on-site architectural massing and off-site
architectural massing to block light sources and reflection from cars
• The applicant shall subunit a lighting plan and photometric plan to be
reviewed by the City of Temecula. The lighting plan shah include
design features (such as those mentioned above) to minimize
impacts of light and glare on the surrounding area.
• The City shall complete a post -installation inspection 10 ensure that
the site is not excessively illuminated (such that lighting is not
creating excessive glare, unreasonably con petuigjor the public's
Pre -Construction /
Construction /
Post -Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
City of
Temecula
project approval
and field
verification and
sign -off by City
of Temecula
Howl Proi.1
WARP
2
ESA/ 1a0579
August 2017
&Mitigation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Mitigation Monitoring end Reporting Program
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating —
Phase Agency Agency Compliance Initials Date Remarks
attention or cleating any roadway safety hazard) and that lighting
sources are property shielded.
In order to mitigate potential impacts to the Mount Palomar
Observatory, all lighting plans shay be reviewed by the City to assure
utilization of low pressure sodium vapor lamps; step-down lighting
techniques: shielding to prevent upward and outward illuntination.
and compliance with the County Ordinance No. 655
• The proposed project shall prohibit the use of highly reflective
construction materials on exterior wall surfaces. The exterior of
permitted buildings shall be constructed of matenals such as high
performance tinted non -mirrored glass, painted metal panels and pre-
cast concrete or fabricated wall surfaces.
Air Quality
Old Town Specific Plan Program EIR Mitigation Measures
Measure 3.2-2a: The applicant shall ensure that a fugitive dust control
program is implemented pursuant to the provision of SCAQMD Rule 403.
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.2-2b: Prior to grading and construction, the applicant shall be
Pre -Construction
City of
City of
Issuance of
responsible for compliance with the following:
Temecula
Temecula
Grading Permit
• During clearing, grading, earth moving. or excavation. maintain
Building Official
and field
equipment engines in proper tune
• After Gearing, grading, earth moving, or excavation:
or other
Designee
verification and
sign -off by City
of Temecula
• Wet the area down, sufficient enough to form a crusl on the surface
with repeated soakings, as necessary, to maintain the crust and
prevent dust pick up by the wind.
• Spread sal binders.
• Implement street sweeping as necessary.
• During construction:
• Use water bucks or sprinkler systems to keep all areas where
vehicles move damp enough to prevent dust raised when leaving the
site.
• Wet down areas in me tale morning and atter work is completed for
me day.
TrIAIA Horst Protect
WIPP
3
ESA r 190579
Auguci 2017
Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Mitigation Measures
Monitoring
Phase
Enforcement
Agency
Responsible
Monitoring
Agency
Action
Indicating
Compliance
Verification of Compliance
Initials
Dab
Remarks
• Use row sulfur fuel (0.05 percent by weight) for construction
equipment.
• Discontinue construction during second stage smog alerts.
Measure 3.2-2c: Prior to grading and construction, the applicant shall be
Pre -Construction /
City of
City of
Issuance of
responsible for compliance with the following.
Construction
Temecula
Temecula
Grading Peril
• Require a phased schedule for construction acUvites to minimize
Budding Official
and field
daily emissions.
• Schedule activities to minimize the amount of exposed excavated soil
dung and after the end of work periods.
or other
Designee
verification and
sign -off by City
of Temecula
• Treat unattended construction areas with water (disturbed lands
which have been, or are expected to be, unused for four or more
consecutive days).
• Require the planting of vegetative ground cover as soon as possible
on construction sites.
• Install vehicle wheel -washers before the roadway entrance at
construction sites.
• Wash oft trucks leaving the site.
• Require all trucks hauling dirt, sand. sod, or other loose substances
and building matenats to be covered, or to maintain a minimum
freeboard of two feet between the top of the bad and the lop of the
truck bed sides.
• Use vegetative stabilization, whenever possible. to control soil
erosion from stormwater, especially on super pads.
• Require enclosures or chemical stabilization of open storage piles of
sena dirt, or other aggregate materials
• Control off-road vehide travel by posting driving speed limits on these
roads, consistent with City standards.
• Use electricity from power poles rather than temporary diesel or
gasoline power generators.
Measure 3.2-2d: Prior to grading and construction, the applicant shall be
Pre -Construction/
City of
City of
Issuance of
responsible for the paving of all access aprons to the project site and the
Construction
Temecula
Temecula
Grading Permit
maintenance of the paving.
Budding Official
or other
Designee
and field
verification and
sign -off by City
of Temecula
7,6. Mort Proj.cr
MMRP
4
ESA r 160579
August 2017
Mitigation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Mitigation Monitoring and Reporting Program
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring tndkating
Phase Agency Agency Compliance Initials Date Remarks
Measure 3.2-2e: Prior to Issuance of grading permits, the applicant shall
be responsible for assuring that construction vehicles are equipped with
proper emission control equipment to substantially reduce emissions.
Pre -Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Measure 3.2-2f- Prior to issuance of grading permits, the applicant shall be
responsible for the incorporation of measures to reduce construction -
related traffic congestion into the protea grading permit. Measures, subject
to the approval and verification by rite Public Works Department. shall
include as appropriate:
Provision of ndeshare incentives.
Provision of transit incentives for construction personnel.
• Configuration of construction parking to minimize traffic interference.
• Measures to minimize obstruction of through traffic lanes.
• Use of a flagman to guide traffic when deemed necessary.
Pre -Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.2-2g: Prior to the buddrngrconstruction operations. applicant
and Individual contractors shall commit in writing to the following
Scheduling receipt of construction materials outside of the peak travel
period hours (i.e., 730 - 8 30 AM and 4:00 - 8:00 PM);
Routing construction traffic through areas of least impact sensitivity,
and
Limiting lane closures and detours to off-peak travel periods.
Construction
City of
Temecula
City of Issuance of
Temecula Grading Permit
Budding Official i and field
or other I verification and
Designee sign -off by City
of Temecula
Mere Feasible.
Measure 3.2-3a. Construct on-site or off-site bus turnouts, passenger
benches, and shelters.
Pre -Construction /
Construction
City of
Temecula
Measure 3.24b: Provide shuttles to mayor rail transit centers of multi-
modal stations.
Pro -Construction
Construction
City of
Temecula
Indy Motel Propeca
WARP
City of Issuance of
Temecula Grading Permit
Budding Oficial and field
or other verification and
Designee sign -off by City
of Temecula
City of Issuance of
Temecula Grading Permit
Budding Official and field
or other verification and
Designee sign -off by City
of Temecula
ESA / 160519
August 20, 7
Mitigation Monitoring and Reporting Program
Mitigation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Monitoring
Phase
Enforcement
Agency
Responsible
Monitoring
Agency
Action
Indicating
Compliance
Verification of Compliance
Date Remarks
Initials
Measure 3.2-3c: Contribute to regional transit systems (e.g. nght-or-way,
capital improvements etc.).
Pre -Construction 1
Construction
City of
Temecula
City of
Temecula
Buiaing Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.2-3d: Synchronize traffic lights on streets impacted by
development.
Pre -Construction /
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.2-3e: Set up resident worker training programs to improve
job/housing balance
Pre -Construction /
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permit
and field
venfication and
sign -off by City
of Temecula
Project -specific Mitigation Measures
Mitigation Measure MM -AIR -1: All off-road construction equipment with a
horsepower (HP) greater than 50 shad be required to have USEPA certified
Tier 4 interim engines or engines that are certified to meet or exceed the
emission ratings for USEPA Tier 4 engines. A copy of each unit's certified
tier specification or model year specification shall be available upon
request at the lime of mobilization of each applicable unit of equipment.
Pre -Construction 1
Construction
City of
Temecula
City of Issuance of
Temecula Grading Permit
Building Official and field
or other venfication and
Designee sign -off by City
of Temecula
Mitigation Measure M11-AlR-2: During earthmoving and construction
phases, use water Irucks to spray unpaved roads and exposed soils on the
protect site at least four times per day to keep all areas where vehicles
move damp enough to prevent dust raised when leaving the site. In
addition, require all vehicles and off-road equipment to time maximum
speed on unpaved roads within the project site to 15 miles per hour
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
i_
issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Tru¢F Hotel Propct
WARP
6
t.SA t6G]ly
August 2017
Mitigation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Mitigation Monitoring and Reporting Program
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Phase Agency Agency Compliance Initials Date Remarks
Cultural Resources
Old Town Specific Plan Program OR Mitigation Measures
Mitigation Measure 3.4-1a: Consistent with the City of Temecula's
Pre -Construction
City of
City of
Issuance of
General Plan Goal6 and Implementation Procedure OS -26 and OS -39, the
Temecula
Temecula
Grading Permit
Specific Plan Amendment shall include a new policy which requires that all
qualified
and field
areas slated for development w other ground-dislurbing activities shall be
subject to a Phase 1 survey (including records search and archaeotogical
survey) for archaeological resources on a project -specific basis prior to the
Archaeologist
verification and
sign -off by City
of Temecula
City's approval of project plans. The survey shall be carried out by a
qualified archaeologist in consultation with local Native American groups If
potentially significant archaeological resources are encountered during the
survey. the City shag require that the resources are evaluated for their
eligibility for listing on the National Register or California Register, and that
recommendations are made for treatment of these resources if found to be
significant. in consultation with the appropnate Native American groups.
Any identified resources shall be avoided if feasible. Ground -disturbing
activity in areas determined to be sensitive for cultural resources shall De
monitored by a qualified archaeologist and Native American representative.
Mitigation Measure 3.4-10: Consistent with the City of Temecula's
Pre -Construction
City of
City of
Issuance of
General Plan Goal 6 and Implementation Procedure OS -26 and OS -39, the
Temecula
Temecula
Grading Permit
Specific Plan Amendment shall include a new policy which states that
qualified
and field
during construction, should prehistoric or historic subsurface cultural
resources oe discovered, all activity in the vicinity of the find shall stop and
a qualified archaeologist will be contacted to assess the significance of the
find according to CEQA Guidelines Section 15064.5. If any find is
determined to be significant, the City and the archaeologist will determine,
in consultation with local Native American groups, appropriate avoidance
measures or other appropriate mitigation. All significant cultural materials
recovered will be, as necessary and at the discretion of the consulting
archaeologist and in consultation with local Native American groups,
subject to scientific analysis, professional museum curation, and
documentation according to current professional standards.
Archaeologist
verification and
sign -off by City
of Temecula
Mitigation Measure 3.4-2a: Consistent with the City of Temecula's
Pre -Construction
City of
City of
Issuance of
General Plan Goal 6 and Implementation Procedure OS -2, the Spec,fic
Temecula
Temecula
Grading Permit
Plan Amendment shall include a new policy which states that atl areas
qualified
and field
slated for development or other ground -disturbing activities in the Specific
Plan Area which contain structures 50 years old or older be surveyed and
evaluated for their potential historic significance pnor to the City's approval
of project plans. The survey shall be carned out by a qualified historian or
architectural historian meeting the Secretary of the interior's Standards for
Archaeologist
vefflcalion and
sign -off by City
of Temecula
Architectural History. If potentiatly significant resources are encountered
Truax hotel Prosect
MMRP
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ESA / 1130579
Aupus12017
Mitigation Monnonng and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Mitigation Measures
Monttoring
Phase
Enforcement
Agency
Responsible
Monitoring
Agenc y
Action
Indicating
Compliance
Verification of Compliance
Date Remarks
Initials
during the survey demolition or substantial alteration of sui -i resources
identified shall be avoided. If avoidance of identified hrstonc resources is
deemed infeasible, the City shall prepare a treatment pian to include, but
nal limited to, photo -documentation and public interpretation of the
resource.
Mitigation Measure 3.4-4a: Consistent with State law, CEOA Guidelines,
and the City of Temecula's General Plan Goal 6 and Implementation
Construction
City of
Temecula
City of
Temecula
Issuance of
Grading Permit
Procedure OS -26 and OS -39, the Specific Plan Amendment shall include a
qualified
and field
new poticy which states That 11 human skeletal remains are uncovered
during project construction, work in the vicinity of the find shall cease and
the Riverside County coroner will De contacted to evaluate the remains,
following the procedures and protocols set forth in Section 15064.5 (e0)
of the CEOA Gmtlelrnes If the County coroner determines that the remains
are Native Amencan. he or she will contact the Native American Heritage
Archaeologist
verification and
sign -oft by City
of Temecula
Commission. in accordance with Health and Safety Code Section 7050.5,
subdivision (c), and Public Resources Code 5097.98 (as amended by
AB 2641). The NAHC will then identify the person(s) though) to be the Mosl
Likely Descendent of the deceased Native American, who will then help
determine what course of action should be taken in dealing with the
remains.
Per Public Resources Code 5097 98. the landowner shall ensure that the
immediate vicinity, according to generally accepted cultural or
archaeological standards or practices, where the Native American human
remains are located. is not damaged or dislurbe0 by further development
activity until the landowner has discussed and conferred, as prescribed in
this section (PRC 5097 981. with the most likely descendants regarding
Melt recommendations. if applicable, taking into account the possibility of
multiple human remains
Mitigation Measure 3.4-5a: The Specific Plan Amendment shall include a
Construction
City of
City of
Issuance of
new policy which states That in the event that paleontological resources are
Temecula
Temecula
Grading Permit
discovered, the proiect proponent will notify a qualified paleontologist. The
qualified
and field
paleontologist will document the discovery as needed evaluate the
potential resource, and assess the significance of the find under the criteria
set forth in CEOA Guidelines Section 15064.5. If fossil or fossil bearing
deposits are discovered during construction. excavations within 50 feel of
the find wiN be temporarily halted or diverted until the discovery is
examined by a qualified paleontologist (in accordance with Society of
Paleontologist
verification and
sign -off by City
of Temecula
Vertebrate Paleontology standards (Society of Vertebrate Paleontology,
1995)). The paleontologist will notify the appropriate agencies to determine
procedures that would be followed before construction is allowed to resume
at the location of the find. If the City determines that avoidance is not
feasible. the paleontologist will prepare an excavation plan for mitigating
T runiA Hadi Prgea
MMRP
8
ESA 1160579
Augusi2017
Mitigation Measures
MITIGATION MONITORING ANO REPORTING PROGRAM {CONTINUED)
Me effect of the project on the quahttes that make the resource important
The plan wilt be submitted to the City for review and approval prior to
implementation.
Project -specific Mitigation Measures
Mitigation Monrtonng and Reporting Program
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating — —
Phase Agency Agency Compliance Initiate Date Remarks
Mitigation Measure MM -CUL -1: 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 archeologist meeting the Secretary
of the Interiors Professional Qualification Standards for archeology (U.S.
Department of Interior 2012) and as approved by the City of Temecula to
provide archeological expertise in carrying out al mitigation measures
related to archeological resources (Mitigation Measures CUL -2 and -3).
Pre -Construction
City of
Temecuta
City of
Temecula
qualified
Archaeologist
Issuance of
Grading Permit
and held
verification and
sign -off by City
of Temecula
Mttlgatlon Measure MM -CUL -2: Prior to the start of ground -disturbing
activities. the qualified archaeologist shall designate an archaeological
monitor to observe ground -disturbing activities. including but not limited to
brush ctearance'and grubbing, grading, trenching, excavation, and the
construction of fencing and access roads, in consultation with the
Pechanga monitor. if ground -disturbing activities occur simultaneousty in
two or more areas located more than 500 feet apart. additional
archaeological monitors may be required. The archaeological monitor shall
keep daily logs Alter monitoring has been completed, the qualified
archaeologist shall prepare a monitoring report that details the results of
monitoring activities. which shall be submitted to the City, Pechanga Tribe.
and to the EIC at the University California, Riverside.
Pre -Construction
City of
Temecula
City of Issuance of
Temecula Grading Permit;
qualified venfication by
Archaeologist City of
and Pechanga Temecula in
tribal consultation
representatives with Pechanga
Tnbe
Mitigation Measure MM -CUL -3: At least 30 days pnor to issuance of a
grading permit and prior to the start of any ground -disturbing activity, the
project Applicant shall contact the Pechanga Tribe to notify the Tribe of
grading, excavation and the monitonng program. and to coordinate with the
Tribe to develop and enter into a Cultural Resources Treatment and
Monitoring Agreement (Agreement). The Agreement will address the
treatment of known cultural resources; appropriate treatment and
procedure for inadvertent discovenes; the designation, responsibilities, and
participation of Native American Tribal monitors during grading, excavation
and ground disturbing activities. project grading and development
scheduling. terms of compensation for the monitors, and treatment and
final disposition of any cultural resources, sacred sites, and human remains
discovered on the site.
The Pechanga Tribal monitor shall monitor all ground -disturbing activities
including, but not limited to, brush clearance and grubbing, grading,
trenching, excavation and the construction of fencing, as specified in the
Agreement, and in consultation with the project archeologist. If ground-
Olsturbirtg activities occur simultaneously in Iwo or more locations.
Pre -Construction/
Construction
City of
Temecula
City of Issuance of
Temecula Grading Permit;
qualified verification by
Archaeologist City of
and Pechanga Temecula in
tribal consultation
representatives with Pechanga
Tribe
True Motel Prowl 9
WARP
ESA! 1030579
August 2017
Miegiation Monitoring and Reponine Program
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Mitigation Measures
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Phase Agency Agency Compliance Initiate Date Remarks
additional Native American monitors may be required
Mitigation Measure MM -CUL -4: If inadvertent discoveries of subsurface
cultural resources are discovered during ground -disturbing activities, the
protea Applicant, the protect qualified Archaeologist and the Pechanga
Tribe shall assess the significance of such resources and shall meet and
confer regarding the mitigation for such resources. Pursuant to PRC
Seclion 21083.2(b), avoidance is the preferred method of preservation for
archaeological resources. If the project Applicant and the Pechanga Tribe
cannot agree on the significance or the mitigation for such resources, these
issues will be presented to Inc Planning Director for decision. The Planning
Director MC make the determination based on the provisions of the
California Environmental Quabty Act with respect to archaeological
resources and will take into account the religious beliefs, customs, and
practices of the Pechanga Tribe. Notwithstanding any other rights available
under the law, the decision of the Planning Director will be appealable to
the City Planning Commission and/or City of Temecula City Council.
Constriction
City of
Temecula
City of Verification by
Temecula City of
quafified Temecula in
Archaeologist consultation
and Pechanga with Pechanga
tribal Tnbe
representatives
Mitigation Measure MN -CUL -5: The landowner shall relinquish ownership
of all cultural resources. including sacred items burial goods and all
archaeological artifacts that are recovered as a result of project
implementation to the Pechanga Tribe for proper treatment and disposition
as outlined in the Agreement (Mitigation Measure CUL -3).
Construction
Mitigation Measure MMCUL-6: All sacred sites, should they be
encountered within the project area, shall be avoided and preserved as the
preferred mitigation, if feasible.
City of
Temecula
City of Verification by
Temecula City of
qualified Temecula in
Archaeologist consultation
and Pechanga with Pechanga
tribal Tribe
representatives
Pre -Construction/
Construction
Mitigation Measure MM -CUL -7: In the event paleontological resources
are discovered during project implementation, the project Applicant will
notify the City's Planning Director and a qualified paleontologist, defined as
one meeting the Society of Vertebrate Paleontology standards (Society of
Vertebrate Paleontology, 1995) The paleontologist shag document the
discovery as needed, evaluate the potential resource, and assess the
significance of the find under the criteria set forth in CEQA Guidelines
Section 15064.5. if fossil or fossa bearing deposits are discovered during
construction excavations within 50 feet of the find shall be temporarily
halted or divened until the discovery is examined by a qualified
paleontologist. The paleontologist shall notify the appropriate agencies to
determine procedures that would be followed before construction is allowed
to resume at the location of the find. If the City determines that avoidance
is not feasible. the paieontotogist shall prepare an excavation plan for
Construction
7,uax Fio4M P Q SG1
MMRP
City of
Temecula
City of
Temecula
10
City of City of
Temecula Temecula
qualified Project
Archaeologist Approval
City of Issuance of
Temecula Grading Permit,
qualified review of plans.
Paleontologist field venfication
and City and sign -off by
Planning City of
Director Temecula
ESA r 1110ST9
August 2057
Mitigation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Monitoring
Phase
Enforcement
Agency
Responsible
Monito ring
Agenc y
Action
Indkating
Compliance
Mitgalion Monitoring and Reporting Program
Verification of Compliance
Initials Date Remarks
mitigating the effect of the project on the qualities that make the resource
important The ptan will be submitted to the City for review and approval
prior to Implementation.
Mitigation Measure MMLUL-: It numan remains are encountered,
California Health and Sately Code Section 7050 5 stales that no further
disturbance shall occur untl the Riverside County Coroner has made the
necessary findings as to origin, Further, pursuant to PRC Section
Consauchon
City of
Temecula
City of
Temecula
qualified
Archaeologist
Verification by
City of
Temecula
5097.98(b), remains shall be left in place and free from disturbance until a
final decision as to the treatment and disposition has been made. t the
Riverside County Coroner determines the remains to be Native American,
the NAHC must be contacted within 24 hours. The NAHC must then
immediately identify the Most Likely Descendanl (MLD) upon receiving
notification of the discovery. The MLD shall then make recommendations
within 48 hours and engage in consultation concerning the treatment of the
remains as provided in PRC Section 5097.98 and the Agreement described
in Mitigation Measure MM -CUL -3.
Mitigation Measure MM-GEO-1: Prior to issuance of a building permit, a
final design level geotechnical report shall be prepared by a California
registered geotechnical engineer or engineering geologist and submitted to
the City in accordance with City. CBC and engineering standards. The final
report shall be based on the recommendations contained within the
Preliminary Geotechnical report prepared for the project site and include
measures to incorporate seismic design measures that meets CBC
requirements. The report shall address all geotechnical hazards including
seismic design. liquefaction. sod stability, and any other geolechnical
hazard Identified at the site.
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Building Official
Or other
Designee
Issuance of
Building Permit
and field
venficahon and
sign -off by City
of Temecula
I
eology, Solis and Seismicity
Old Town Specific Plan Program EIR Mitigation Measures
Mitigation Measure 3.5-1: Prior to the issuance of a grading or budding
permit for individual projects, the project developer shall file a NOI with
California to comply with the requirements of the NPDES General
Construction Permit (Municipal Code, Chapter 8.24). This would include
the preparation of a SWPPP incorporating construction BMPs for control of
erosion and sedimentation contained in stormwater runoff.
Pre-ConstructioN
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading or
Building Permit,
review of plans.
field verification
and sign -off by
City of
Temecula
Project -specific Mitigation Measures
Mitigation Measure MM-GEO-1: Prior to issuance of a building permit, a
final design level geotechnical report shall be prepared by a California
registered geotechnical engineer or engineering geologist and submitted to
the City in accordance with City. CBC and engineering standards. The final
report shall be based on the recommendations contained within the
Preliminary Geotechnical report prepared for the project site and include
measures to incorporate seismic design measures that meets CBC
requirements. The report shall address all geotechnical hazards including
seismic design. liquefaction. sod stability, and any other geolechnical
hazard Identified at the site.
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Building Official
Or other
Designee
Issuance of
Building Permit
and field
venficahon and
sign -off by City
of Temecula
Trus.. Motel Project
NMRP
ESA/ 160579
Asios121117
Mitigation Mor4todng and Reporting Program
Mitigation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Responsible Action
Monitoring Enforcement Monitoring tndicating
Phase Agency Agency Compliance Initials
Verification of Compliance
Date Remarks
Greenhouse Gas Emissions
Old Town Specific Plan Program EIR Mitigation Measures
Mitigation Measure 3.3-1: The applicant shall require implementation of
Pro-ConstrudionJ
City of
City of
Issuance of
all feasible energy efficiency and GHG reduction measures. including but
Construction
Temecula
Temecuta
Building Permit
not limited to true following measures. (feasrhrtity of measure will be
Building Official
and field
determined through consultation with the City and applicant.)
or other
verification and
Energy Efficiency
• Design buildings to be energy efficient.
Designee
sign -oft by City
of Temecula
• Install efficient lighting and lighting control systems. Use daylight as an
integral part of lighting systems in buildings.
• Install light colored "cool" roofs, cool pavements.
• Provide information on energy management services for Targe energy
users.
• Install energy efficient heating and cooling systems, appliances and
equipment, and control systems.
• Install tight emitting diodes (LEDs) for traffic, street and other outdoor
lighting.
Water Conservation and Efficiency
• Create water -efficient landscapes.
• install water -efficient irrigation systems and devices, such as soil
moisture -based irrigation controls.
• Design buildings to be water -efficient. Install water -efficient fixtures and
appliances.
• Restrict watering methods (e.g., prohibit systems that apply water to
non -vegetated surfaces) and control runoff.
• Restrict the use of water for cleaning outdoor surfaces and vehicles.
• Implement low -impact development practices that maintain the existing
hydrologic character of the site to manage storm water and protect the
environment. (Retaining storm water runoff on-site can drastically
reduce the need for energy -intensive imported water at the site.)
• Devise a comprehensive water conservation strategy appropriate for
the proiect and location. The strategy may include many of the specific
items bsted above. plus other innovative measures that are appropriate
to the specific waled.
• Provide education about water conservation and available programs
and incentives.
Truax Maw Protea
MMRP
12
ESA /160570
August 2017
Mitigation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Ahbgaeon Monitoring and Reporting Ptogr.,
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Phase Agency Agency Compliance initials Date Remarks
Solid Waste Measures
• Reuse and recycle construction and demolition waste (including, but
not bmited to, soil, vegetation, concrete, lumber, metal, and cardboard)
• Provide interior and exterior storage areas for recydables and green
waste and adequate recycling containers located in public areas.
Land Use Measures
• Include mixed-use, infill, and higher density in development projects to
support the reduction of vehicle trips. promote alternatives to individual
vehicle travel, and promote efficient delivery of services and goods.
Transportation and Motor Vehicles
• Limit idling time for commercial vehicles, including delivery and
construction vehicles.
• Use low or zero -emission vehicles. including construction vehicles.
Hazards and Hazardous Materials
Project -specific Mitigation Measures
Mitigation Measure MIA-HAZ4: As a condition of approval for a grading
permit the use of construction best management practices (BMPs) shall be
implemented as part of construction to minimize the potential negative
effects of accidental release of hazardous materials to groundwater and
soils_ These shall include the following:
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permil
and field
verification and
sign -off by City
• Follow manufacturer's recommendations on use, storage and disposal
of chemical products used In construction.
of Temecula
• Avoid overtopping construction equipment fuel gas tanks:
• During routine maintenance of construction equipment, properly
contain and remove grease and oils; and
• Properly dispose of discarded containers of fuels and other chemicals
in accordance with manufacturer's specifications and local and state
regulations.
All the BMPs shall be in accordance with the most recent version of the
California Stormwater Quality Association (CASQA) BMP Handbook for
construction and included in contract specifications.
Tnuu Hotel Prole l
WARP
13
ESA 1 180579
August 2017
Mitigation Monitoring and Reporting Program
Mitigation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Phase Agency Agency Compliance Initials Date Remarks
Hydrology and Water Quatity
Old Town Specific Plan Program EIR Mitigation Measures
Mitigation Measure 3.5-1: Pnor to the issuance of a grading or building
permit for individual projects, the project developer shall file a NOI with
California to comply with the requirements of the NPDES General
Construction Permit (Municipal Code, Chapter 8.24). This would include
the preparation of a SWPPP incorporating construction BMPs for control of
erosion and sedimentation contained in stormwater runoff.
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Buitding Official
or other
Designee
Issuance of
Grading Permit
and field
venficalion and
sign -off by City
of Temecula
Project -specific Mitigation Measures
Mitigation Measure MM -HYD -1: As a condition of approval. the proposed
protect shat) be required to implement the project-speafic Water Duality
Management Plan (WOMPI. as required by the City of Temecula
Stormwater Ordinance and as specified in the City's Jurisdictional Runoff
Management Plan, which will ensure that the final project designs
implement specific water quality features to meet the City's MS4 Permit
and Stormwater Ordinance requirements. The WOMP shall be reviewed
and approved by the City of Temecula pnor to the issuance of a building or
grading permit.
Pre -Construction/
Construction/
Post -Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Building or
Grading Permit,
review of plans,
field verification
and sign -off by
City of
Temecula
Mitigation Measure MM -HYO -2: Prior (0 issuance of a grading permit. a
final 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. Riversae County and engineering standards The final study
shall aenufy storm watei runoff quantities no mitigate me 100 -year storm
event) from the development of this site and upstream of the site. and shall
identify all existing or proposed 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 final study shall include a capacity analysis verifying the
adequacy at all facilities. If the receiving facilities are determined to be
under capauty, then other improvements to existing of proposed drainage
facilities shall be incorporated into the final design in accordance with
Public Works requirements.
Pre -Construction f
Construction/
Post -Construction
City of
Temecula
City of
Temecula
Engineer or
other Designee
issuance of
Grading Permit,
review of plans,
field verification
and sign -off by
City of
Temecula
Tr4ax Fictel Project
MMRP
14
ESA r 190579
Aug tl2017
Ml igation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
snowmen Monitoring and Reporting Program
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating
Phase Agency Agency Compliance Initials Date Remarks
MOise
Old Town Specific Plan Program EIR Mitigation Measures
Measure 3.7-1a: The applicant shall ensure, as specified in City of
Temecula Ordinance No. 94-25, that no construction may occur within one-
quarter (1/4) of a mile of any occupied residence during the following
hours:
• 6:30 PM to 6:30 AM, Monday through Friday
• Before 7:00 AM or after 5:30 PM, Saturday,
• At any time on Sunday or any nationally recognized holiday.
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.7-1b: The applicant shall ensure that all construction equipment
will have properly operating mufflers.
___
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Budding Official
or other
Designee
issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.7-1c: The applicant shad ensure that all construction staging
shad be performed as far as possible from occupied dwellings.
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.7-1d: The applicant shall ensure that signs shall be posted at
the construction sites that include permitted construction days and hours,
and a contact number for the job site
Construction
City of
Temecula
City of
Temecula
Budding Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off try City
of Temecula
Measure 3.7-2a: The construction contractor will conduct crack surveys
before construction activities that could cause architectural damage to
nearby structures. The survey will include any historic buildings or buildings
in poor condition within 15 feet of construction. The surveys will be done by
photographs, video tape, or visual inventory. and will include inside as well
as outside locauons All existing cracks in walls floors, and driveways
should be documented wen sufficuent detail for comparison after
construction to determine whether actual vibration damage occurred. A
post -construction survey should be conducted to document the condition of
the surrounding buildings after the construction is complete. The
construction contractor would be liable for construction vibration damage to
Pre -Construction/
Construction
City of
Temecula
City of
Temecula
Budding Official
or other
Designee
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Truax Hotel Pruiea
MMRP
15
ESA/ 180579
August 2017
Mitigation Monnonng and Repotting Program
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Mitigation Measures
adjacent structures
Responsible Action Verification of Compliance
Monitoring Enforcement Monitoring Indicating -
Phase Agency Agency Compliance Initials Date Remarks
Measure 3.7.3a: Building equipment (e g.. HVAC units) shall be located
away from nearby residences, on mulling rooftops. and property shielded
by either the rooftop parapet or within an enclosure that effectively blocks
tine lone of sgnt of the source from the nearest receptors The resultant
HVAC noise level shall not exceed 45 dBA at the nearest receptors,
Construction
City of
Temecula
City of Issuance of
Temecula Grading Permit
Budding Official and field
or other venfication and
Designee sign -off by City
of Temecula
Measure 3.7-3b: In order to avoid noise -sensitive hours, commercial and
retail shall prohibit loading and unloading activities behween the nighttime
hours 0110:00 PM and 7:00 AM.
Post -Construction
City of
Temecula
City of
Temecula
Building Official
or other
Designee
Measure 3.7-3c: To runner address the nuisance impact of loading
dock/truck delivery noise. at loading areas for commercial and retail uses
shall be located at the rear or sides of buildings within the commercial and
minced -use districts, where noise can be directed away from residential
uses within the mixed use areas of the project
Post -Construction
City of
Temecula
City Of
Temecula
Building Official
or other
Designee
Issuance of
Grading Permit
and field
venftcation and
sign -off by City
of Temecula
Issuance of
Grading Permit
and field
verification and
sign -off by City
of Temecula
Measure 3.74: If necessary to comply with the 'tenor noise requirements
of the City of Temecula arid achieve an acceptable interior noise level.
noise reduction in the form of sound -rated assemblies (i. e. windows.
exterior doors. and walls) shall be incorporated No project building design,
based upon recommendations of a qualified acoustical engineer Final
recommendations for sound -rated assemblies will depend on the specific
budding designs and layout of buildings on tne site and snail be determined
during the design phase.
Pre-
ConstructionlPost
-Construction
City of
Temecula
City of Issuance of
Temecula Grading Permit
Building Official and field
or other verification and
Designee sign -off by City
of Temecula
Project -specific Mitigation Measures
Mitigation Measure MM -N01-1: The applicant shall ensure.
• As specified in City of Temecula Ordinance No. 94-25, that no
construction may occur within one-quarter (1/4) of a mile of any
occupied residence during the following hours:
- 6:30 PM 10 6:30 AM, Monday through Fnday
- Before 7:00 AM or after 6:30 PM, Saturday.
- At any time on Sunday or any nationally recognized holiday
• That all construction equipment will have property operating mufflers
• That all construction staging shall be performed as far as possible from
Truax Hwa Prgrrct
MMRP
Construction
City of
Temecula
City of Issuance of
Temecula Grading Permit
Building Official and field
or other verification and
Designee sign -off by City
of Temecula
16
ESA i 160579
August 2017
Mitigation Measures
MITIGATION MONITORING ANO REPORTING PROGRAM (CONTINUED)
Monitoring
Phase
Enforcement
Agency
Responsible
Monitoring
Agency
Action
Indicating
Compliance
Mitigation Morntonng and Reporting Program
Verification of Compliant*
I Nuala
Dale
occupu u oweWngs.
• That signs shall be posted at the construction sites that include
permitted construction days and hours, and a contact number for the
job ails.
Mitigation Measure MMl-N01.2: The construction contractor well conduct
Pre -Construction/
City of
City of
Issuance of
crack surveys before construction activities that could cause architectural
Construction/
Temecula
Temecula
Grading Permit
damage to nearby structures. 1 he survey will include any histonc buildings
Post -Construction
Building
and field
or buildings in poor condition within 15 feet of construction. The surveys will
be done by photographs video tape or visual inventory. and will include
Official,
construction
verification and
sign -off by City
inside as well as outside locations. All existing sacks in walls, flows, and
driveways should be documented with sufficient detail for comparison after
construction to determine whether actual vibration damage occurred, A
post -construction survey should be conducted to document the condition of
the surrounding buildings after the construction is complete. The
construction contractor would be liable for construction vibration damage to
adjacent structures.
contractor, or
other Designee
of Temecula
Mitigation Measure MM -N01-3: Implement Temporary Noise Barriers
Construction
City of
City of Issuance of
Implement the field -erected temporary noise barriers including but not
Temecula
Temecula Grading Permit
limited to sound blankets on existing fences and walls or the use of
Building Official
and Geld
freestanding portable sound walls, to block the line -of -site between
or other
verification and
construction equipment and noise -sensitive receptors dunng project
implementation. Noise barriers should be a minimum of 8 -feet -tall and
continuous between the source of noise and adjacent or nearby noise -
sensitive receptors. Noise barriers are most effective when placed directly
adjacent to either the noise source or receptor Place sound barriers
around sletionary sources and near windows, where feasible.
Designee
sign -off by City
of Temecula
Barrier construction may include, but not necessarily limited to, using
appropriately thick wooden panel walls (at least h inch thick). as shown in
Figure 3 8-1. which are tall enough to block the fine -of -sight between the
dominant construction noise sources) and the noise -sensitive receptor.
Such barriers can reduce construction noise by 5 to 15 dBA at nearby
raise -sensitive receptor locations, depending on Darner height and length,
and the distance between the barrier and the noise -producing equipment or
activity. Alternately. field -erected noise curtain assemblies could be
installed around specific equipment sites or zones of anticipated mobile or
stationary activity. resembling the sample shown in Figure 3.8-2. These
techniques are most effective and practical when the construction activity
noise source is stationary (e.g.. auger or drill operation) and the specific
source locations of noise emission are near the ground and can be placed
as close to the egwpmenvactivity-Lacing side of the noise barner as
possible. Barney layout and other implementation details would vary by
construction site.
Truax HON Proleci
WARP
17
ESA 7,00571
August 2017
M i gtron MoMaing end Reporting Program
Mitigation Measures
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Monitoring
Phase
Enforcement
Agency
Responsible
Monitoring
Agency
Action
Indicating
Compliance
Verification of Compliance
Initials
Date
Mitigation Measure MM -N01-4:
Post -Construction
City of , City of
Issuance of
• Budding equipment (e.g , HVAC wets) shall be located away from
Temecula Temecula
Building Permit
nearby residences, on building rooftops, and property shielded by
Budding Official
and field
either the rooftop parapet or within an enclosure that effectively blocks
or other
verification and
the lune of sight of the source from the nearest receptors. The resultant
HVAC noise level shall not exceed 45 d8A at the nearest receptors
Designee
sign off by City
of Temecula
• In order to avoid noise -sensitive hours. commercial and retail shall
prohibit loading and unloading activities between the nighttime hours of
10:00 PM and 7 00 AM.
• To further address the nuisance impact of loading dock truck delivery
noise, all loading areas for commercial and retail uses shall be located
at the rear or sides of buildings within the commercial and mixed-use
distracts. where noise can be directed away from residential uses within
the mixed use areas of the project.
Mitigation Measure MM -N01-5: 11 necessary to Comply with the interior
Post -Construction
City of
City of
Issuance of
noise requirements of the City of Temecula and achieve an acceptable
Temecula
Temecula
Building Permit
intenor noise level. noise reduction in the form of sound -rated assemblies
Building Official
and field
(1.e windows, exterior doors. and walls) shall be incorporated into protect
or other
venhcation and
budding design based upon recommendauons of a qualified acoustical
engineer Final recommendations for sound -rated assemblies will depend
on the specific building designs and layout of buildings on the site ano shag
be determined during the design phase.
Designee
sign -off by City
of Temecula
Irculauon
Old Town Specific Plan Program EIR Mitigation Measures
Measure 3.9-1: The protect applicant shall incorporate the following
features into the design of the Specific Plan area'
At the intersection of Old Town Front Street and Rancho California Road
provide a northbound through/right-turn lane combination with a right -turn
overlap.
Provide subsequent Traffic Impact Analyses, as development occurs. to
determine thresholds for implementation of Roundabouts at the
intersections of Old Town Front Street and First Street/Santiago
Road/Mercedes Street and Old Town Front Street and Mercedes Street.
Provide pedestrian facilites from Old Town Front Street which connect the
east and west neighborhood cores with the Old Town Core District
Construction
Truax Habil Project
MMRF
City of
Temecula
18
City of Issuance of
Temecula Building Permit
Building Official and field
/ Public Works venfication and
Department or sign -off by City
other Designee of Temecula
ESA 1 180575
August 2017
MITIGATION MONITORING AND REPORTING PROGRAM (CONTINUED)
Mitigation Measures
Monitoring
Phase
Enforcement
Agency
Responsible
Monitoring
Agency
hrlIQatton Montonng and Reponrng Program
Action
Indlcating
Compliance
Verification of Compliance
Initials Date
Measure 3.8-2: The project applicant shall incorporate the following
features into the desgn of the Specific Plan area:
At the intersection of Old Town Front Street and Rancho California Road
provide a westbound right -turn overlap
Provide subsequent Traffic Impact Ana
p lyses, as development occurs, to
determine thresholds for implementation of Roundabouts at the
intersections of Old Town Front Street and Fust StreeUSantiago
Road/Mercedes Street and Old Town Front Street and Mercedes Street.
Provide pedestrian facilities from Ofd Town Front Street which conned the
east and west neighborhood cores with the Old Town Core District.
Construction
City of
Temecula
City of
Temecula
Building Official
/ Public Works
Department or
other Designee
Issuance of
Building Permit
and field
venfication and
sign -off by City
of Temecula
Project -specific Mitigation Measures
Mitigation Measure MM -CUM CIR-1: The project applicant shall
contribute fair -share funding (2%) towards the optimization of the AM peak
hour traffic signal coordination timing plan Since Rancho California Road
operates an Adaptive Traffic Signal System, the entire corridor will require
optimization.
Construction/
Post -Construction
City of
Temecula
City of
Temecula
Engineer or
other Designee
Issuance of
Grading Permit
and issuance of
a Certificate of
Occupancy
Old Town Specific Plan Program EIR Mitigation Measures
Measure 3.8-4: Prior to construction in any undeveloped areas, EMWD
shall review the plans for consistency with design criteria. Once approved
by the EMWD engineer. the applicant shall pay the required connection fee
to EMWD prior to construction of the sewer line.
Pre -Construction EMWD
Measure 3.8-5: Prior Io construction, the project applicant and/or each
subsequent protect applicant will pay Its fair share in mitigation fees to
EMWD to upgrade the First Street and the Pujol Street sewer lines.
Pre -Construction
EMWD
EMWD
Engineer or
other Designee
EMWD
Engineer or
other Designee
Issuance ot
Grading Pemtd
and verification
and sign -off by
City of
Temecula
Issuance ot
Grading Permit
and verification
and sign -off by
City of
Temecula
Measure 3.84: All proposed development plans shall designate adequate
and convenient space on the property to be used for collecting all
recyclable materials generated on the premises.
Pre -Construction
EMWD
EMWD
Engineer or
other Designee
Issuance of
Grading Permit
and venfication
and sign -off by
City of
Temecula
Tru. Notal Protect
WARP
19
ESA /team
August 2017
1. Introduction
TABLE 1-1
SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
Environmental Impact
Mitigation Measures
Significance after
Mitigation
Aesthetics
Impact AES -4: The proposed project
would not create a new source of
substantial light or glare in the project
area, which would adversely affect day
or nighttime views in the area.
Mitigation Measure MM -AES -1: The project applicant would be required to implement the lighting
reduction mitigation proposed in the OTSP Program EIR. The following light and glare standards
shall be applied to the proposed project
• The applicant shall ensure that all lighting fixtures shall contain "sharp cut-off fixtures, and
shall be fitted with flat glass lenses and internal and external shielding.
• The applicant shall ensure that all fixtures shall be parallel with the finished grade of the
project site; no fixtures shall be tilted above a 90 -degree angle.
• The applicant shall ensure that site lighting systems shall be grouped into control zones to
allow for open, closing. and night light/security lighting schemes. All control groups shall be
controlled by an automatic lighting system utilizing a time clock, photocell, and low voltage
relays.
• The applicant shall ensure that design and layout of the site shall take advantage of
landscaping. on-site architectural massing. and off-site architectural massing to block light
sources and reflection from cars.
• The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of
Temecula. The lighting plan shall Include design features (such as those mentioned above) to
minimize Impacts of light and glare on the surrounding area.
• The City shall complete a post -installation inspection to ensure that the site is not excessively
illuminated (such that lighting is not creating excessive glare, unreasonably competing for the
public's attention or creating any roadway safety hazard) and that lighting sources are properly
shielded
• In order to mitigate potential Impacts to the Mount Palomar Observatory. all lighting plans shall
be reviewed by the City to assure utilization of low pressure sodium vapor lamps; step-down
lighting techniques; shielding to prevent upward and outward illumination, and compliance with
the County Ordinance No 655
• The proposed project shall prohibit the use of highly reflective construction materials on
exterior wall surfaces. The exterior of permitted buildings shall be constructed of materials
such as high performance tinted non -mirrored glass, painted metal panels and pre -cast
concrete or fabricated wall surfaces.
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Environmental Impact
Mitigation Measures Mitigation
Significance after
Air Quality
Impact AIR -2: The proposed project
would not violate an air quality standard
or contribute substantially to an existing
or projected air quality violation.
Mitigation Measure MM -AIR -1: All off-road construction equipment with a horsepower (HP)
greater than 50 shall be required to have USEPA certified Tier 4 interim engines or engines that
are certified to meet or exceed the emission ratings for USEPA Tier 4 engines. A copy of each
unit's certified tier specification or model year specification shall be available upon request at the
time of mobilization of each applicable unit of equipment.
Less than Significant
Impact AIR -3: The proposed project
would not result in a cumulatively
considerable net increase of any
nonattainment pollutant.
Implement Mitigation Measure MM -AIR -1
Less than Significant
Impact AIR -4: The proposed project
would not expose sensitive receptors to
substantial pollutant concentrations.
Implement Mitigation Measure MM -AIR -1 and MM -AIR -2.
Mitigation Measure MM -AIR -2: During earthmoving and construction phases, use water trucks to
spray unpaved roads and exposed soils on the project site at least four times per day to keep all
areas where vehicles move damp enough to prevent dust raised when leaving the site. In addition,
require all vehicles and off-road equipment to limit maximum speed on unpaved roads within the
project site to 15 miles per hour.
Less than Significant
Cultural Resources
Impact CUL -1: The proposed would not
cause a substantial adverse change in
the significance of a historical resource,
as defined in CEQA Guidelines Section
15064.5.
Mitigation Measure MM -CUL -1: 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
archeologist meeting the Secretary of the Interior's Professional Qualification Standards for
archeology (U.S. Department of Interior 2012) and as approved by the City of Temecula, to
provide archeological expertise in carrying out all mitigation measures related to archeological
resources (Mitigation Measures CUL -2 and -3).
Mitigation Measure MM -CUL -2: Prior to the start of ground -disturbing activities, the qualified
archaeologist shall designate an archaeological monitor to observe ground -disturbing activities,
including but not limited to brush clearance and grubbing, grading, trenching, excavation, and the
construction of fencing and access roads. in consultation with the Pechanga monitor. If ground -
disturbing activities occur simultaneously in two or more areas located more Than 500 feet apart
additional archaeological monitors may be required. The archaeological monitor shall keep daily
logs. After monitoring has been completed. the qualified archaeologist shall prepare a monitoring
report that details the results of monitoring activities, which shall be submitted to the City,
Pechanga Tribe. and to the EIC al the University California, Riverside
Mitigation Measure MM -CUL -3: At least 30 days prior to issuance of a grading permit and prior to
the start of any ground -disturbing activity, the project Applicant shall contact the Pechanga Tribe to
notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the
Tribe to develop and enter into a Cultural Resources Treatment and Monitoring Agreement
(Agreement). The Agreement will address the treatment of known cultural resources; appropriate
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treatment and procedure for inadvertent discoveries; the designation, responsibilities, and
participation of Native American Tribal monitors during grading, excavation and ground disturbing
activities; project grading and development scheduling; terms of compensation for the monitors;
and treatment and final disposition of any cultural resources, sacred sites, and human remains
discovered on the site.
The Pechanga Tribal monitor shall monitor all ground -disturbing activities including, but not limited
to, brush clearance and grubbing, grading. trenching. excavation, and the construction of fencing,
as specified in the Agreement, and in consultation with the project archeologist. If ground -
disturbing activities occur simultaneously in two or more locations, additional Native American
monitors may be required.
Mitigation Measure MM -CUL -4: If inadvertent discoveries of subsurface cultural resources are
discovered auring ground -disturbing activities, the project Applicant. the project qualified
Archaeologist, and the Pechanga Tribe shall assess the significance of such resources and shall
meet and confer regarding the mitigation for such resources Pursuant to PRC Section 21083.2(b),
avoidance is the preferred method of preservation for archaeological resources If the project
Applicant and the Pechanga Tnbe cannot agree on the significance or the mitigation for such
resources, these issues will be presented to the Planning Director for decision. The Planning
Director will make the determination based on the provisions of the California Environmental
Quality Act with respect to archaeological resources and will take into account the religious beliefs,
customs, and practices of the Pechanga Tribe. Notwithstanding any other rights available under
the law, the decision of the Planning Director will be appealable to the City Planning Commission
and/or City of Temecula City Council.
Mitigation Measure MM -CUL -5: The landowner shall relinquish ownership of all cultural
resources, including sacred items, Burial goods and all archaeological artifacts that are recovered
as a result of project implementation to the Pechanga Tribe for proper treatment and disposition as
outlined in the Agreement (Mitigation Measure CUL -3).
Mitigation Measure MM -CUL -6: At sacred sites, should they be encountered within the project
area, shall be avoided and preserved as the preferred mitigation, if feasible.
Impact CUL -2: The proposed project
would not cause a substantial adverse
change in the significance of an
archaeological resource pursuant to
Section 15064.5.
Implement Mitigation Measures MM -CUL -1 through MM -CUL -6.
Less than Significant
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Environmental Impact
Mitigation Measures Mitigation
Significance after
Impact CUL -3: The proposed project
would not directly or indirectly destroy a
unique paleontological resource or site
or unique geological feature.
Mitigation Measure MM -CUL -7: In the event paleontological resources are discovered during
project implementation, the project Applicant will notify the City's Planning Director and a quaiified
paleontologist, defined as one meeting the Society of Vertebrate Paleontology standards (Society
of Vertebrate Paleontology, 1995). The paleontologist shall document the discovery as needed.
evaluate the potential resource, and assess the significance of the find under the criteria set forth
in CEQA Guidelines Section 15064.5 If fossil or fossil bearing deposits are discovered during
construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the
discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate
agencies to determine procedures that would be followed before construction is allowed to resume
at the location of the find. If the City determines that avoidance Is not feasible, the paleontologist
shall prepare an excavation plan for mitigating the effect of the project on the qualities that make
the resource important The plan will be submitted to the City for review and approval prior to
implementation.
Less than Significant
Impact CUL -4: The proposed project
would not disturb any human remains,
including those interred outside of
dedicated cemeteries.
Mitigation Measure MM -CUL -8: It human remains are encountered. California Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the Riverside County
Coroner has made the necessary findings as to origin. Further. pursuant to PRC Section
5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the
treatment and disposition has been made. If the Riverside County Coroner determines the remains
to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then
immediately identify the MLD upon receiving notification of the discovery. The MLD shall then
make recommendations within 48 hours and engage in consultation concerning the treatment of
the remains as provided in PRC Section 5097.98 and the Agreement described in Mitigation
Measure MM -CUL -3.
Less than Significant
Impact CUL -5: The proposed project
would not cause a substantial adverse
change in the significance of a tribal
cultural resource, defined in Public
Resources Code section 21074 as
either a site, feature, place, cultural
landscape that is geographically defined
in terms of the size and scope of the
landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
a) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code section
5020.1(k), or
Implement Mitigation Measures MM -CUL -3 through MM -CUL -6.
Less than Significant
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Significance after
b) A resource determined by the lead
agency, in its discretion and
supported by substantial evidence,
to be significant pursuant to criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resources
Code Section 5024.1, the lead
agency shall consider the
significance of the resource to a
California Native American tribe.
Geology, Soils and Seismicity
Impact GEO-lb: The proposed project
would not expose people or structures to
potential substantial adverse effects
from strong seismic groundshaking,
including the risk of loss, injury or death.
Mitigation Measure MM-GEO-1: Prior to issuance of a building permit. a final design level
geotechnical report shall be prepared by a California registered geotechnical engineer or
engineering geologist and submitted to the City in accordance with City, CBC and engineering
standards. The final report shall be based on the recommendations contained within the
Preliminary Geotechnical report prepared for the project site and include measures to incorporate
seismic design measures that meets CBC requirements. The report shall address all geotechnical
hazards including seismic design. liquefaction, soil stability, and any other geotechnical hazard
identified at the site.
Less than Significant
Impact GEO-2: The proposed project
would not result in substantial soil
erosion or the loss of topsoil.
Implement Mitigation Measures MM -HYD -1 and MM -3.5-1 of the Old Town Specific Plan EIR.
Mitigation Measure 3.5-1(from OTSP Program EIR): Prior to the issuance of a grading or
building permit for Individual projects, the project developer shall file a NOI with California to
comply with the requirements of the NPDES General Construction Permit (Municipal Code.
Chapter 8.24). This would include the preparation of a SWPPP incorporating construction BMPs
for control of erosion and sedimentation contained in stormwater runoff.
Less than Significant
Impact GEO-3 and GEO-4: The
proposed project would not result in
subsidence, liquefaction, lateral
spreading, expansion or collapse as a
result of being located on a geologic unit
or soil that is unstable or that would
become unstable as a result of the
proposed project.
Implement Mitigation Measure MM-GEO-1
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Greenhouse Gas Emissions
Impact GHG-1: The proposed project Mitigation Measure 3.3-1 (from OTSP Program EIR): The applicant shall require implementation Significant and
would generate greenhouse gas of all feasible energy efficiency and GHG reduction measures, including but not limited to the Unavoidable
emissions, either directly or indirectly, following measures. (Feasibility of measure will be determined through consultation with the City
that may have a significant impact on and applicant.)
the environment.
Energy Efficiency
Design buildings to be energy efficient.
Install efficient lighting and lighting control systems. Use daylight as an integral part of
lighting systems in buildings.
Install light colored "cool" roofs, cool pavements.
Provide information on energy management services for large energy users.
Install energy efficient heating and cooling systems, appliances and equipment, and control
systems.
Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting.
Water Conservation and Efficiency
Create water -efficient landscapes.
Install water -efficient irrigation systems and devices, such as soil moisture -based irrigation
controls.
• Design buildings to be water -efficient. Install water -efficient fixtures and appliances.
• Restrict watering methods (e.g., prohibit systems that apply water to non -vegetated
surfaces) and control runoff.
• Restrict the use of water for cleaning outdoor surfaces and vehicles.
• Implement low -impact development practices that maintain the existing hydrologic character
of the site to manage storm water and protect the environment. (Retaining storm water runoff
on-site can drastically reduce the need for energy -intensive imported water at the site.)
• Devise a comprehensive water conservation strategy appropriate for the protect and
location The strategy may include many of the specific items listed above, plus other
innovative measures that are appropnate to the specific project.
• Provide education about water conservation and available programs and incentives.
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Solid Waste Measures
Reuse and recycle construction and demolition waste (including, but not limited to, soil,
vegetation, concrete, lumber, metal, and cardboard).
• Provide interior and exterior storage areas for recyclables and green waste and adequate
recycling containers located in public areas
Land Use Measures
Include mixed-use. infill, and higher density in development projects to support the reduction
of vehicle trips, promote alternatives to individual vehicle travel. and promote efficient
delivery of services and goods.
Transportation and Motor Vehicles
• Limit idling time for commercial vehicles, including delivery and construction vehicles.
• Use low or zero -emission vehicles, including construction vehicles.
Hazards and Hazardous Materials
Impact HAZ-2: The proposed project
would not create a significant hazard to
the public or the environment through
reasonably foreseeable upset and
accident conditions involving the release
of hazardous materials into the
environment.
Mitigation Measure MM-HAZ-1: As a condition of approval for a grading permit, the use of
construction best management practices (BMPs) shall be implemented as part of construction to
minimize the potential negative effects of accidental release of hazardous materials to
groundwater and soils. These shall include the following:
• Follow manufacturers recommendations on use, storage and disposal of chemical products
used in construction;
• Avoid overtopping construction equipment fuel gas tanks;
• During routine maintenance of construction equipment, properly contain and remove grease
and oils: and
• Properly dispose of discarded containers of fuels and other chemicals in accordance with
manufacturer's specifications and local and state regulations.
All the BMPs shall be in accordance with the most recent version of the California Stormwater
Quality Association (CASQA) BMP Handbook for construction and included in contract
specifications.
Less than Significant
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Hydrology and Water Quality
Impact HYD -1 and HYD -6: The
proposed project would not violate any
water quality standards or waste
discharge requirements or otherwise
substantially degrade water quality.
Mitigation Measure MM -HYD -1: As a condition of approval. the proposed project shall be
required to irnplement the project -specific Water Quality Management Plan (WQMP). as required
by the City of Temecula Stormwater Ordinance and as specified in the City's Juhsdictlonal Runoff
Management Plan, which will ensure that the final project designs implement specific water quality
features to meet the City's MS4 Permit and Stormwater Ordinance requirements The WQMP shall
be reviewed and approved by the City of Temecula prior to the issuance of a building or grading
permit.
Less than Significant
Impact HYD -4 and HYD -5: The
proposed project would not alter the
existing drainage pattem of the site such
that increases in runoff result in flooding
on or offsite nor exceed the capacity of
existing or planned infrastructure.
Mitigation Measure MM -HYD -2: Pnor to issuance of a grading permit, a final 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 final 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. and shall identify all existing or proposed
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
final study shall include a capacity analysis verifying the adequacy of all facilities If the receiving
facilities are determined to be under capacity, then other improvements to existing or proposed
drainage facilities shall be incorporated Into the final design in accordance with Public Works
requirements.
Less than Significant
Land Use and Planning
Implementation of the proposed project would not result in significant land use and planning impacts.
Noise
Impact NOI-1: The proposed project
development would result in the
exposure of persons to, or generation of,
noise levels in excess of standards
established in the local general plan or
noise ordinance.
Mitigation Measure MM-NOI-1: The applicant shall ensure:
• As specified in City of Temecula Ordinance No. 94-25, that no construction may occur within
one-quarter (1/4) of a mile of any occupied residence during the following hours:
-- 6:30 PM to 6:30 AM, Monday through Friday.
Before 7:00 AM or after 6:30 PM, Saturday.
— At any time on Sunday or any nationally recognized holiday.
• That all construction equipment will have properly operating mufflers.
• That all construction staging shall be performed as far as possible from occupied dwellings.
• That signs shall be posted at the construction sites that include permitted construction days
and hours, and a contact number for the job site.
Significant and
Unavoidable temporary
noise and vibration
impacts
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Mitigation Measure MM-NOl-2: The construction contractor will conduct crack surveys before
construction activities that could cause architectural damage to nearby structures. The survey will
include any historic buildings or buildings in poor condition within 15 feet of construction The
surveys will be done by photographs, video tape. or visual inventory, and will include inside as well
as outside locations. All existing cracks in walls, floors, and driveways should be documented with
sufficient detail for comparison after construction to determine whether actual vibration damage
occurred. A post -construction survey should be conducted to document the condition of the
surrounding buildings after the construction is complete. The construction contractor would be
liable for construction vibration damage to adjacent structures.
Mitigation Measure MM -N01-3: Implement Temporary Noise Barriers: Implement the field -
erected temporary noise barriers including but not limited to sound blankets on existing fences and
walls or the use of freestanding portable sound walls, to block the line -of -site between construction
equipment and noise -sensitive receptors during project implementation. Noise barriers should be a
minimum of 8 -feet -tall and continuous between the source of noise and adjacent or nearby noise -
sensitive receptors. Noise bamers are most effective when placed directly adjacent to either the
nose source or receptor Place sound barriers around stationary sources and near windows,
where feasible.
Barrer construction may include. but not necessarily limited to. using appropriately thick wooden
panel walls (at least Vz inch thick), as shown in Figure 3.8-1. which are tat enough to block the
line -of -sight between the dominant construction noise source(s) and the noise -sensitive receptor.
Such bamers can reduce construction noise by 5 to 15 dBA at nearby noise -sensitive receptor
locations, depending on barner height and length. and the distance between the barrier and the
noise -producing equipment or activity. Altemately, field -erected noise curtain assemblies could be
installed around specific equipment sites or zones of anticipated mobile or stationary activity.
resembling the sample shown in Figure 3.8-2 These techniques are most effective and practical
when the construction activity noise source is stationary (e g , auger or drill operation) and the
specific source locations of noise emission are near the ground and can be placed as close to the
equipment/activity-facing side of the noise barner as possible Barrier layout and other
implementation details would vary by construction site.
Impact NOI-2: The proposed project
would result in exposure of persons to,
or generation of, excessive ground -
borne vibration or ground -borne noise
levels.
Implement Mitigation Measures MM -N01-1, MM -N01-2, and MM -N01-3.
Significant and
Unavoidable temporary
noise and vibration
impacts
Impact NOI-3: The proposed project
would result in a substantial permanent
increase in ambient noise levels in the
project vicinity above existing levels.
Mitigation Measure MM -N01-4: Less than Significant
• Building equipment (e.g., HVAC units) shall be located away from nearby residences, on
building rooftops, and property shielded by either the rooftop parapet or within an enclosure
that effectively blocks the line of sight of the source from the nearest receptors. The resultant
HVAC noise level shall not exceed 45 dBA at the nearest receptors
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Environmental Impact
Mitigation Measures Mitigation
Significance after
In order to avoid noise -sensitive hours, commercial and retail shall prohibit loading and
unloading activities between the nighttime hours of 10:00 PM and 7 00 AM.
• To further address the nuisance impact of loading dockltruck delivery noise, all loading areas
for commercial and retail uses shall be located at the rear or sides of buildings within the
commercial and mixed-use districts. where noise can be directed away from residential uses
within the mixed use areas of the project
Mitigation Measure MM -N01-5: If necessary to comply with the interior noise requirements of the
City of Temecula and achieve an acceptable interior noise level, noise reduction in the form of
sound -rated assemblies (i.e , windows, extenor doors, and walls) shall be incorporated into project
building design, based upon recommendations of a qualified acoustical engineer. Final
recommendations for sound -rated assemblies will depend on the specific building designs and
layout of buildings on the site and shall be determined during the design phase.
Impact NOI-4: The proposed project
would result in a substantial temporary
or periodic increase in ambient noise
levels in the project vicinity above levels
existing without the project.
Implement Mitigation Measures MM -N01-1, MM -N01-2, and MM-NOI-3.
Significant and
Unavoidable temporary
noise and vibration
impacts
Traffic and Circulation
Impact CUM CIR-1: Based on the City
of Temecula's threshold of significance,
the intersection of Rancho Califomia
Road/Old Town Front Street will operate
at a deficient level of service (LOS E or
F) under Opening Year Plus Project
Plus Cumulative Conditions, both with
and without the proposed project.
Mitigation Measure MM -CUM CIR-1: The project applicant shall contribute fair -share funding
(2%) towards the optimization of the AM peak hour traffic signal coordination timing plan. Since
Rancho California Road operates an Adaptive Traffic Signal System, the entire corridor will require
optimization.
Less than Significant
Utilities and Service Systems
Implementation of the proposed project would not result in significant utilities and service systems impacts.
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Planning Application No.:
Project Description:
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
New Street In -lieu of Fee:
Approval Date:
Expiration Date:
PLANNING DIVISION
EXHIBIT B
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PA18-1463
Truax Hotel MOD: a modification application to amend PA16-0270 (Truax
Hotel DP) to include the addition of 34 rooms, increase in parking spaces, a
new paseo on the ground floor of the hotel and exterior elevation changes are
also proposed.
922-043-002, 922-043-023
922-043-018, 922-043-025
922-043-004, 922-043-017
922-043-003, 922-043-020
922-043-015
Commercial
Service Commercial for Hotel and Restaurant / Retail Commercial for Retail
Service Commercial for Hotel and Restaurant / Retail Commercial for Retail
Non -Residential Project
Not Located within the Uptown Temecula Specific Plan
December 11, 2018
September 5, 2020
Within 48 Hours of the Approval
1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars
($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as
provided under Public Resources Code Section 21152 and California Code of Regulations
Section 15062. 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 by the expiration date; otherwise, it shall become null
and void. Use means the beginning of substantial construction contemplated by this approval
by the expiration date, 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. 5 (Old Town Specific Plan).
6. Compliance with EIR. The project and all subsequent projects within this site shall comply with
all mitigation measures identified within EIR No. 2009071049 and Subsequent EIR No.
2017011029.
7. Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
8. Signage Permits. A separate building permit shall be required for all signage.
9. 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.
10. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
11. 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.
12. Previous Conditions of Approval. All previous Conditions of Approval from PA16-0270 shall
remain in full effect unless superseded herein.
13. Construction and Demolition Debris. The developer shall contact the City's franchised solid
waste hauler for disposal of construction and demolition debris and shall provide the Planning
Division verification of arrangements made with the City's franchise solid waste hauler for
disposal of construction and demolition debris. Only the City's franchisee may haul demolition
and construction debris.
Prior to Issuance of Building Permit
14. 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. 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.
15. 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.
16. General. The applicant must submit a Modification application intended to revise the first floor
facade along Old Town Front Street so that it is consistent with the Old Town Specific Plan. This
modification application must be approved prior to the issuance of Building Permits.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
17. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with
prior to occupancy or any use allowed by this permit.
BUILDING AND SAFETY DIVISION
General Requirements
18. General. All Building and Safety Department Conditions of Approval associated with the
original Truax Hotel project (PA16-0270) shall remain in effect unless superseded herein.
FIRE PREVENTION
General Requirements
19. Previous Fire Conditions. All Fire Department Conditions of Approval associated with the
original Truax Hotel project shall remain in effect unless superseded herein.
Item No. 10
Approvals
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: December 11, 2018
SUBJECT: Approve Local Government Partnership Program Contract with South Coast Air
Quality Management District, Agreement with ChargePoint, Inc., and
Amendment to Fiscal Years 2019-23 Capital Improvement Program Budget for
the Purchase and Installation of Electric Vehicle Charging Stations
PREPARED BY: Julie Tarrant, Senior Management Analyst
RECOMMENDATION: That the City Council:
1. Approve the AB2766/MSRC Local Government Partnership Program Contract
with South Coast Air Quality Management District (SCAQMD), and authorize the
City Manager to execute the agreement, as previously approved per Resolution
No. 18-16, for regional Mobile Source Air Pollution Reduction Review Committee
(MSRC) program funds, in the amount of $141,000;
2. Approve an Agreement with ChargePoint, Inc., for the Purchase and Installation
of Electric Vehicle Charging Stations, in the amount of $120,000;
3. Approve an Amendment to Fiscal Years 2019-23 Capital Improvement Program
Budget, for the Electric Vehicle Charging Stations project, to increase MSRC
program funding to $141,000, and reduce AB2766 funds to $47,000, for a total
project cost of $188,000.
BACKGROUND: On February 27, 2018, City Council approved Resolution
No. 18-16, for the submittal of an application for Mobile Source Air Pollution Reduction Review
Committee (MSRC) funding under the Local Government Partnership Program, authorized the
City Manager to enter into such agreements as may be necessary and made a finding the
action exempt from CEQA. Our application proposed to purchase and install Electric Vehicle
Charging Infrastructure (EVSE) Installation, to support the increasing number of electric and
plug-in hybrid vehicles, and to improve various locations within the city including, but not limited
to, the Civic Center Parking Structure, Ronald H. Roberts Temecula Public Library, Sixth Street
Parking Lot, and at the new Temecula Park and Ride.
On August 16, 2018, MSRC approved our application and awarded the City of Temecula a total
of $141,000. The AB2766/MSRC Local Government Partnership Program will contribute up to
75% of the cost of publicly accessible EVSE. The balance of the project costs must be borne by
the participating city or county, and agencies are encouraged to the maximum extent possible,
to utilize their AB 2766 Subvention Funds as the 25% match to MSRC funds.
To facilitate the purchase and installation of EVSE, the Public Works Department selected
ChargePoint, Inc., through Sourcewell, formerly known as National Joint Powers Alliance
(NJPA). Sourcewell provides for the national purchasing power of more than 50,000
government, education and non-profit organizations with competitively solicited cooperative
contracts as a procurement resource for its member agencies. Sourcewell has awarded
Contract #051017 -CPI, for Electric Vehicle Supply Equipment and Related Services to
ChargePoint, Inc., effective 7/25/2017-7/25/2021. ChargePoint, Inc. provided us with a proposal
for the purchase and installation of EVSE, to include Dual Output Charging Stations, mounting
kit, power management kit, activation and configuration of cloud services, 5 year prepaid secure
network connection, software, and performance and warranty customer support for the various
locations within the city.
In addition, to accurately identify the source of funds in Fiscal Years 2019-23 Capital
Improvement Program (CIP) Budget, and recognize the awarded MSRC program funds, along
with the required 25% matching funds, it is necessary to amend the Electric Vehicle Charging
Stations CIP project worksheet. The project funding should be amended to reflect a total of
$141,000 MSRC program funds and $47,000 AB2766, as 25% matching funds, for a total
project cost of $188,000.
FISCAL IMPACT: The Amended Electric Vehicle Charging Stations project
worksheet, as part of the Capital Improvement Program (CIP) Budget, Fiscal Year 2019-23
identifies the MSRC Program Funds, and AB 2766 Subvention Funds as the City's local match
requirement of 25% of the total project costs; MSRC Funds $141,000; AB2766 $47,000. The
total project cost will not exceed $188,000.
ATTACHMENTS:
1. Contract — SCAQMD (AB2766/MSRC)
2. Agreement — ChargePoint, Inc.
3. Amended CIP Project Worksheet — Electric Vehicle Charging
Stations
South Coast
AQMD
South Coast 's dean Contract No. ML18091
Transportation
Air Quality Management District Funding
��. from fhe MSRC
AB 27661MSRC LOCAL GOVERNMENT PARTNERSHIP PROGRAM CONTRACT
1. PARTIES
The parties to this contract ("Contract") are the South Coast Air Quality Management District (referred to here
as "SCAQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the City of
Temecula (referred to here as "CONTRACTOR") whose address is 41000 Main Street, Temecula, California
92590.
2. RECITALS
A. SCAQMD is the local agency with primary responsibility for regulating stationary source air pollution within
the geographical boundaries of the South Coast Air Quality Management District in the State of Califomia
(State). SCAQMD is authorized under State Health & Safety Code Section 44225 (AB 2766) to levy a fee
on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the
California Clean Air Act.
B. Under AB 2766, SCAQMD's Governing Board has authorized the imposition of the statutorily set motor
vehicle fee. By taking such action, the State's Department of Motor Vehicles (DMV) is required to collect
such fee and remit it periodically to SCAQMD.
C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by SCAQMD
into a separate account for the sole purpose of implementing and monitoring programs to reduce air
pollution from motor vehicles.
D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop
a work program to fund projects from the separate account. Pursuant to approval of the work program by
SCAQMD's Governing Board, SCAQMD authorized this Contract with CONTRACTOR for equipment or
services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference
and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in
CONTRACTOR's Local Government Partnership Program Proposal dated July 13, 2018.
F. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax
standing with the California Franchise Tax Board.
G. All parties to this Contract have had the opportunity to have this Contract reviewed by their attomey.
3. DMV FEES
CONTRACTOR acknowledges that SCAQMD cannot guarantee that the amount of fees to be collected under
AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that payment under this
Contract is contingent upon SCAQMD receiving sufficient funds from the DMV, and that SCAQMD assumes
no responsibility for the collection and remittance of motor vehicle registration fees.
4. AUDIT AND RECORDS RETENTION
A. CONTRACTOR shall, at least once every two years, or within two years of the termination of the Contract
if the term is less than two years, be subject to an audit by SCAQMD or its authorized representative to
determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from motor
vehicles pursuant to the Clean Air Act of 1988.
B. CONTRACTOR agrees to maintain records related to this Contract during the Contract term and continue
to retain these records for a period of two years beyond the Contract term, except that in no case shall
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Contract No. ML18091
CONTRACTOR be required to retain more than the most recent five years' records. SCAQMD shall
coordinate such audit through CONTRACTORS audit staff.
C. If an amount is found to be inappropriately expended, SCAQMD may withhold funding, or seek
reimbursement, from CONTRACTOR in the amount equal to the amount that was inappropriately
expended. Such withholding shall not be construed as SCAQMD's sole remedy and shall not relieve
CONTRACTOR of its obligation to perform under the terms of this Contract.
5. TERM
The term of this Contract is for fifty-four (54) months from the date of execution by both parties, unless
terminated earlier as provided for in the TERMINATION clause of this Contract, the EARLY TERMINATION
clause, or the term is extended by amendment of this Contract in writing. No work shall commence prior to
the Contract start date, except at CONTRACTOR's cost and risk, and no charges are authorized until this
Contract is fully executed, subject to the provisions stated in the PRE -CONTRACT COSTS clause of this
Contract.
6. SUCCESSORS -IN -INTEREST
This Contract, and the obligations arising under the Contract, shall be binding on and inure to the benefit of
CONTRACTOR and their executors, administrators, successors, and assigns.
7. REPORTING
CONTRACTOR shall submit reports to SCAQMD as outlined in Attachment 1- Statement of Work. SCAQMD
reserves the right to review, comment, and request changes to any report produced as a result of this Contract.
8. TERMINATION
A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide services
in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1
- Statement of Work, this failure shall constitute a breach of this Contract. The non -breaching party shall
notify the breaching party that it must cure this breach or provide written notification of its intention to
terminate this contract. Notification shall be provided in the manner set forth in the NOTICES clause of
this Contract. The non -breaching party reserves all rights under law and equity to enforce this Contract
and recover damages.
B. SCAQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30)
days' written notice. Once such notice has been given, CONTRACTOR shall, except as and to the extent
or directed otherwise by SCAQMD, discontinue any Work being performed under this Contract and cancel
any of CONTRACTOR's orders for materials, facilities, and supplies in connection with such Work, and
shall use its best efforts to procure termination of existing subcontracts upon terms satisfactory to
SCAQMD. Thereafter, CONTRACTOR shall perform only such services as may be necessary to preserve
and protect any Work already in progress and to dispose of any property as requested by SCAQMD.
C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the effective
date of termination under section B of the TERMINATION clause of this Contract. Before expiration of the
thirty (30) days' written notice, CONTRACTOR shall promptly deliver to SCAQMD all copies of documents
and other information and data prepared or developed by CONTRACTOR under this Contract with the
exception of a record copy of such materials, which may be retained by CONTRACTOR.
9. EARLY TERMINATION
This Contract may be terminated early due to the following circumstances: The infrastructure identified in
Attachment 1, Statement of Work, becomes inoperable, and is either not technically able to be repaired, or is
too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance.
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Contract No. ML18091
10. STOP WORK
SCAQMD may, at any time, by written notice to CONTRACTOR, require CONTRACTOR to stop all or any part
of the Statement of Work tasks in this Contract. A stop work order may be issued for reasons including, but
not limited to, the project exceeding the budget, out of scope work, delay in project schedule, or
misrepresentations. Upon receipt of the stop work order, CONTRACTOR shall immediately take all necessary
steps to comply with the order. CONTRACTOR shall resume the work only upon receipt of written instructions
from SCAQMD cancelling the stop work order. CONTRACTOR agrees and understands that CONTRACTOR
will not be paid for performing work while the stop work order is in effect, unless SCAQMD agrees to do so in
its written cancellation of the stop work order.
11. INSURANCE
A. CONTRACTOR shall furnish evidence to SCAQMD of workers' compensation insurance for each of its
employees, in accordance with either California or other states' applicable statutory requirements prior to
commencement of any work on this Contract.
B. CONTRACTOR shall furnish evidence to SCAQMD of general liability insurance with a limit of at least
$1,000,000 per occurrence, and $2,000,000 in a general aggregate prior to commencement of any work
on this Contract. SCAQMD shall be named as an additional insured on any such liability policy, and thirty
(30) days written notice prior to cancellation of any such insurance shall be given by CONTRACTOR to
SCAQMD.
C. CONTRACTOR shall furnish evidence to SCAQMD of automobile liability insurance with limits of at least
$100,000 per person and $300,000 per accident for bodily injuries, and $50,000 in property damage, or
$1,000,000 combined single limit for bodily injury or property damage, prior to commencement of any work
on this Contract. SCAQMD shall be named as an additional insured on any such liability policy, and thirty
(30) days written notice prior to cancellation of any such insurance shall be given by CONTRACTOR to
SCAQMD.
D. If CONTRACTOR fails to maintain the required insurance coverage set forth above, SCAQMD reserves
the right either to purchase such additional insurance and to deduct the cost thereof from any payments
owed to CONTRACTOR or terminate this Contract for breach.
E. All insurance certificates shall be mailed to: SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765-
4178, Attention: Cynthia Ravenstein, MSRC Contracts Administrator. The SCAQMD Contract Number
must be included on the face of the certificate.
F. CONTRACTOR must provide updates on the insurance coverage throughout the term of the Contract to
ensure that there is no break in coverage during the period of contract performance. Failure to provide
evidence of current coverage shall be grounds for termination for breach of Contract.
12. INDEMNIFICATION
CONTRACTOR agrees to hold harmless, defend and indemnify SCAQMD, its officers, employees, agents,
representatives, and successors -in -interest against any and all loss, damage, costs, lawsuits, claims,
demands, causes of action, judgments, attorney's fees, or any other expenses arising from or related to any
third party claim against SCAQMD, its officers, employees, agents, representatives, or successors in interest
that arise or result in whole or in part, from any actual or alleged act or omission of CONTRACTOR, its
employees, subcontractors, agents or representatives in the performance of this Contract. This
Indemnification Clause shall survive the expiration or termination (for any reason) of the Contract and shall
remain in full force and effect.
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Contract No. ML18091
13. DISCLAIMER OF WARRANTY
The purchase or lease of funded vehicles/equipment is the CONTRACTOR's decision. The SCAQMD does
not make any express or implied warranty of merchantability, fitness for a particular purpose or otherwise,
quality or usefulness of the technology or product. Without limiting the foregoing, the SCAQMD will not be
financially responsible, or otherwise liable, for the installation or performance of the vehicle/equipment.
14. PAYMENT
A. SCAQMD shall reimburse CONTRACTOR up to a total amount of One Hundred Forty One Thousand
Dollars ($141,000) in accordance with Attachment 2 - Payment Schedule expressly incorporated herein
by this reference and made a part hereof of the Contract.
B. A withhold amount or percentage (if any) shall be identified in the Payment Schedule, and such amount
shall be withheld from each invoice. Upon satisfactory completion of project and final acceptance of work
and the final report, CONTRACTOR's invoice for the withheld amount shall be released. Proof of project
completion shall include a Final Report detailing the project goals and accomplishments, data collected
during project performance, if any, documentation of significant results, and emissions reduction input data
needed for calculation of emissions reductions.
C. Any funds not expended upon early Contract termination or Contract completion shall revert to the AB
2766 Discretionary Fund. Payment of charges shall be made by SCAQMD to CONTRACTOR within thirty
(30) days after approval by SCAQMD of an itemized invoice prepared and furnished by CONTRACTOR.
D. An invoice submitted to SCAQMD for payment must be prepared in duplicate, on company letterhead, and
list SCAQMD's contract number, period covered by invoice, and CONTRACTOR's social security number
or Employer Identification Number and submitted to:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contracts Administrator
1. Charges for equipment, material, and supply costs, travel expenses, subcontractors, and other
charges, as applicable, must be itemized by CONTRACTOR. Reimbursement for equipment,
material, supplies, subcontractors, and other charges, as applicable, shall be made at actual cost.
Supporting documentation must be provided for all individual charges (with the exception of direct
labor charges provided by CONTRACTOR).
2. SCAQMD shall pay CONTRACTOR for travel -related expenses only if such travel is expressly set
forth in Attachment 2 - Payment Schedule of this Contract or pre -authorized by SCAQMD in writing.
3. CONTRACTOR's failure to provide receipts shall be grounds for SCAQMD's non -reimbursement of
such charges. CONTRACTOR may reduce payments on invoices by those charges for which
receipts were not provided.
4. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of
this Contract or invoice may not be paid.
15 COMPLIANCE WITH APPLICABLE LAWS
CONTRACTOR agrees to comply with all federal, state, and local laws, ordinances, codes and regulations
and orders of public authorities in the performance of this Contract. CONTRACTOR must also ensure that the
vehicles and/or equipment to be purchased, leased or installed in the performance of this Contract are in
compliance with all applicable federal, state, and local air quality rules and regulations, and that it will maintain
compliance for the full Contract term. CONTRACTOR shall ensure that the provisions of this clause are
included in all subcontracts.
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Contract No. ML18091
16. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs)
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be
generated and/or sold.
B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the
air quality benefits attributable to the project resulted from funding sources other than AB2766. These
MSERCs, which are issued by SCAQMD, are based upon the quantified vehicle miles traveled (VMT) by
project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs,
generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits funded by the
AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766-MSERCs."
C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution
to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are
used to pay for the full differential cost of a new altemative fuel vehicle or for the retrofitting or repowering
of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The
determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based
upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the
project's overall cost will be on a case-by-case basis at the time an MSERC application is submitted.
SCAQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the
AB 2766-MSERCs. CONTRACTOR would then receive the balance of the MSERCs not associated with
AB 2766 funding.
17. NOTICES
All notices that are required under this Contract shall be provided in the manner set forth herein, unless
specified otherwise. Notice to a party shall be delivered to the attention of the person listed below, or to such
other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent
by email, U.S. Mail, express, certified, return receipt requested, or a nationally recognized ovemight courier
service. In the case of email communications, valid notice shall be deemed to have been delivered upon
sending, provided the sender obtained an electronic confirmation of delivery. Email communications shall be
deemed to have been received on the date of such transmission, provided such date was a business day
(Tuesday -Friday) and delivered prior to 5:30pm Pacific Standard Time. Otherwise, receipt of email
communications shall be deemed to have occurred on the following business day. In the case of U.S. Mail
notice, notice shall be deemed to be received when delivered or five (5) business days after deposit in the U.
S. Mail. In the case of a nationally recognized ovemight courier service, notice shall be deemed received when
delivered (written receipt of delivery).
SCAQMD:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contracts Administrator, email: cravenstein at7agmd.gov
CONTRACTOR:
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: Patrick Thomas, email: Patrick.Thomas an,TemeculaCA.cov
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Contract No. ML18091
18. INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor. CONTRACTOR, its officers, employees, agents,
representatives, or subcontractors shall in no sense be considered employees or agents of SCAQMD, nor shall
CONTRACTOR, its officers, employees, agents, representatives, or subcontractors be entitled to or eligible to
participate in any benefits, privileges, or plans, given or extended by SCAQMD to its employees. SCAQMD
will not supervise, direct, or have control over, or be responsible for, CONTRACTOR's or subcontractor's
means, methods, techniques, work sequences or procedures, or for the safety precautions and programs
incident thereto, or for any failure by them to comply with any local, state, or federal laws, or rules or regulations,
including state minimum wage laws and OSHA requirements.
19. SUBCONTRACTOR APPROVAL
If CONTRACTOR intends to subcontract all or a portion of the work under this Contract, then CONTRACTOR
must first obtain written approval from SCAQMD's Executive Officer or designee prior to subcontracting any
work. Such prior approval applies only to subcontractors not already included in Attachment 1, Statement of
Work. Any material changes to the subcontract(s) that affect the scope of work, deliverable schedule, and/or
payment/cost schedule shall also require the prior written approval of the Executive Officer or designee. No
subcontract charges will be reimbursed unless the required approvals have been obtained from SCAQMD.
20. OWNERSHIP
Title and full ownership rights to any equipment purchased under this Contract shall at all times remain with
CONTRACTOR.
21. NON-DISCRIMINATION
In the performance of this Contract, CONTRACTOR shall not unlawfully discriminate, harass or allow
harassment, against any employee or applicant for employment on the basis of race, religious creed, color,
national origin, ancestry, sex, sexual orientation, age, mental status, medical condition, physical or mental
disability, denial of family and medical care leave, denial of pregnancy disability leave, or reasonable
accommodations. CONTRACTOR shall comply with the provisions of the California Fair Employment &
Housing Act (Govemment Code Section 12900 et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and
all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules
and regulations issued pursuant to said Acts and Order.
22. CITIZENSHIP AND ALIEN STATUS
A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and others,
and that its employees performing services hereunder meet the citizenship or alien status requirements
contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform
and Control Act of 1986 (P.L. 99-603). CONTRACTOR shall obtain from all covered employees performing
services hereunder all verification and other documentation of employees' eligibility status required by
federal statutes and regulations as they currently exist and as they may be hereafter amended.
CONTRACTOR shall have a continuing obligation to verify and document the continuing employment
authorization and authorized alien status of employees performing services under this Contract to insure
continued compliance with all federal statutes and regulations. Notwithstanding the above,
CONTRACTOR, in the performance of this Contract, shall not discriminate against any person in violation
of 8 USC Section 1324b.
B. CONTRACTOR shall retain such documentation for all covered employees for the period described by
law. CONTRACTOR shall indemnify, defend, and hold harmless SCAQMD, its officers and employees
from employer sanctions and other liability which may be assessed against CONTRACTOR or SCAQMD,
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Contract No. ML18091
or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility
for employment of persons performing services under this Contract.
23. ASSIGNMENT AND TRANSFER OF EQUIPMENT
A. The rights and responsibilities granted hereby may not be assigned, sold, licensed, or otherwise
transferred by CONTRACTOR without the prior written consent of SCAQMD, and any attempt by
CONTRACTOR to do so shall be void upon inception.
B. CONTRACTOR agrees to obtain SCAQMD's written consent to any assignment, sale, license or transfer
of Equipment, if any, prior to completing the transaction. CONTRACTOR shall inform the proposed
assignee, buyer, licensee or transferee (collectively referred to here as "Buyer") of the terms of this
Contract. CONTRACTOR is responsible for establishing contact between SCAQMD and the Buyer and
shall assist SCAQMD in facilitating the transfer of this Contract's terms and conditions to the Buyer.
CONTRACTOR will not be relieved of the legal obligation to fulfill the terms and conditions of this
Contract until and unless the Buyer has assumed responsibility of this Contract's terms and
conditions through an executed contract with SCAQMD.
24. NON -EFFECT OF WAIVER
The failure of CONTRACTOR or SCAQMD to insist upon the performance of any or all of the terms, covenants,
or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed
as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the
future exercise of such rights or remedies, unless otherwise provided for herein.
25. TAX IMPLICATIONS FROM RECEIPT OF MSRC FUNDS
CONTRACTOR is advised to consult a tax attomey regarding potential tax implications from receipt of MSRC
funds.
26. ATTORNEYS' FEES
In the event any action is filed in connection with the enforcement or interpretation of this Contract, each party
in said action shall pay its own attorneys' fees and costs.
27. FORCE MAJEURE
A party shall not be liable or deemed to be in default for any delay or failure in performance under this Contract
or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of
public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or
any similar cause beyond the party's reasonable control.
28. SEVERABILITY
In the event that any one or more of the provisions contained in this Contract shall for any reason be held to
be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other
provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are
not a part hereof.
29. HEADINGS
Headings on the clauses of this Contract are for convenience and reference only, and the words contained
therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning
of the provisions of this Contract.
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Contract No. ML18091
30. DUPLICATE EXECUTION
This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original.
31. GOVERNING LAW
This Contract shall be construed and interpreted and the legal relations created thereby shall be determined
in accordance with the laws of the State of California. Venue for resolution of any disputes under this Contract
shall be Los Angeles County, California.
32. PRE -CONTRACT COSTS
Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully executed Contract shall be
incurred solely at the risk of the CONTRACTOR. In the event that this Contract is not executed, neither the
MSRC nor the SCAQMD shall be liable for any amounts expended in anticipation of a fully executed Contract.
If this Contract is fully executed, pre -contract cost expenditures authorized by the Contract will be reimbursed
in accordance with the Payment Schedule and payment provision of the Contract.
33. CHANGE TERMS
Changes to any part of this Contract must be requested in writing by CONTRACTOR and approved by MSRC
in accordance with MSRC policies and procedures. CONTRACTOR must make requests a minimum of 90
days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed
by the authorized representatives of the parties. Fueling station location changes shall not be approved under
any circumstances.
34. PREVAILING WAGES
CONTRACTOR is alerted to the prevailing wage requirements of Califomia Labor Code section 1770 et seq.,
and the compliance monitoring and enforcement of such requirements by the Department of Industrial
Relations ("DIR"). CONTRACTOR and all of CONTRACTOR's subcontractors must comply with the California
Public Works Contractor Registration Program and, where applicable, must be registered with the DIR to
participate in public works projects. CONTRACTOR shall be responsible for determining the applicability of
the provisions of California Labor Code and complying with the same, including, without limitation, obtaining
from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and
the general prevailing rate for holiday and overtime work, making the same available to any interested party
upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all
applicable prevailing wage rate requirements to its subcontractors. Proof of compliance with these
requirements must be provided to SCAQMD upon request. CONTRACTOR shall indemnify, defend and hold
harmless the South Coast Air Quality Management District against any and all claims, demands, damages,
defense costs or liabilities based on failure to adhere to the above referenced statutes.
35. ENTIRE CONTRACT
This Contract represents the entire agreement between CONTRACTOR and SCAQMD. There are no
understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver,
alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and
signed by the authorized representative of the party against whom enforcement of such waiver, alteration, or
modification is sought.
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Contract No. ML18091
36. AUTHORITY
The signator hereto represents and warrants that he or she is authorized and empowered and has the legal
capacity to execute this Contract and to legally bind CONTRACTOR both in an operational and financial
capacity and that the requirements and obligations under this Contract are legally enforceable and binding on
CONTRACTOR.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
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Contract No. ML18091
IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their
behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF TEMECULA
By:
Dr. William A. Burke, Chairman, Governing Board
By: _
Name:
Tine:
Date: Date:
ATTEST:
Denise Garzaro, Clerk of the Board
By:
APPROVED AS TO FORM:
Bayron T. Gilchrist, General Counsel
By:
//MSRC Master Boilerplate
Revised April 24, 2018
10
CITY OF TEMECULA
By:
Aaron Adams, City Manager
Date:
ATTEST:
By:
Randi Johl, City Clerk
Date:
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
Date:
Attachment 1
Statement of Work
City of Temecula
Contract Number ML18091
1. Project
The City of Temecula (hereinafter referred to as "CONTRACTOR") is to install a total of sixteen
"Level II" type EV charging stations within the City of Temecula. These stations shall be accessible
to the public 24 hours per day, 7 days per week. Installations must include signage with
information on whom to contact in the event that users encounter malfunctions. All stations
shall meet current Society of Automotive Engineers 11772 standards. Proposed locations are
shown in the table below:
6th Street Parking Lot (northwest of 6th Street and
Mercedes Avenue)
Civic Center Parking Structure, 41000 Main Street
City of Temecula Park and Ride (northeast of Temecula
Parkway and La Paz Street)
Ronald H. Roberts Temecula Public Library Parking Lot,
30600 Pauba Road
These locations are understood to be tentative; CONTRACTOR shall notify MSRC staff of any
location changes. CONTRACTOR shall be reimbursed according to Attachment 2 — Payment
Schedule.
2. Operation Requirements and Reimbursement for Noncompliance: Level II EV Charging
Stations
CONTRACTOR is obligated to comply with the Operational Availability requirements set forth as
follows:
A. CONTRACTOR commits to ensuring Level II charging stations remain operational in the
original location for a period of no Tess than three (3) years from the date the station
begins operations in either its initial or expanded capacity. Should CONTRACTOR desire
to deviate from this obligation, for reasons other than those stated in the EARLY
TERMINATION clause of this Contract, CONTRACTOR shall reimburse SCAQMD for a
prorated share of the funds provided for fueling/charging facilities as indicated in the
table below:
3 year Operational Availability
Obligation Termination
Occurs
Percentage of MSRC Funds to
be Reimbursed
Within Year 1
100%
Between Years 1-2
66%
Between Years 2-3
33%
After Year 3
0%
B. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days
from the date the station ceases operation. CONTRACTOR shall not be responsible for any
1
Attachment 1
Statement of Work
City of Temecula
Contract Number ML18091
reimbursement to SCAQMD if the obligation is terminated as a result of one or more
reasons set forth in the EARLY TERMINATION clause of this Contract.
C. The obligations of this section shall survive the expiration of the Contract and continue in
full force and effect until the applicable operational availability period set forth above has
been satisfied.
3. Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the MSRC's
co -funding of the EV charging stations. Acceptable outreach may include, but is not limited to,
notices in CONTRACTOR mailings to residents, newspaper notices, flyers, and information items
at CONTRACTOR Board meetings and community events. The Public Outreach Plan shall
automatically be deemed approved 30 days following receipt by SCAQMD staff, unless SCAQMD
staff notify CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall
implement the approved Public Outreach Plan in accordance with the Project Schedule below.
4. Reports
Quarterly Reports: Until the EV charging stations commence operation, CONTRACTOR shall
provide quarterly progress reports that summarize the project results to date including, but not
limited to: tasks completed, issues or problems encountered, resolutions implemented, and the
progress to date. Progress reports that do not comply will be returned to the CONTRACTOR as
inadequate.
Final Report: A Final Report shall be submitted by the CONTRACTOR in the format
provided by SCAQMD staff. The Final Report shall include, at a minimum: a) an executive
summary; and b) a detailed discussion of the results and conclusions about this project.
CONTRACTOR will identify any barriers encountered and solutions developed to overcome the
barriers, and the impact of the project on future electric vehicle projects.
5. Project Schedule
CONTRACTOR shall comply with the increments of progress identified in the following chart.
The completion month for each task is based on the date of Contract execution.
Task
Completion
Submit Public Outreach Plan
Month 7
Complete station installations and enter into
service
Implement Public Outreach Plan
Quarterly reports
Final Report
Month 15
Month 17
Quarterly beginning
with Month 4 until all
stations in service
Month 18
2
Attachment 2
Payment Schedule
City of Temecula
Contract Number ML18091
Cost Breakdown
Procurement
Categories
EV Charging
Stations
Maximum
AB2766
Discretionary
Funds
payable
under this
Contract
CONTRACTOR
AB2766
Subvention
Funds
Applied
Other Funds
Applied to
Match
$141,000 $47,000 $0
Total Cost
$188,000
No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described
in Attachment 1 is completed and proof of completion is provided to SCAQMD. If the project
described in Attachment 1 is not completed and satisfactory proof of completion is not provided
to SCAQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall
include:
• Representative photos of completed stations;
• A report signed by a responsible official certifying that the station has been completed as
described in Attachment 1; and
• Receipts for equipment and/or invoice(s) from subcontractor(s) performing the installations,
if any.
If, at the completion of the Project, the expenditures are less than the Total Cost amount above,
the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted
on a prorated basis, so that the amount reimbursed to CONTRACTOR shall not exceed thrice the
actual amount of AB 2766 Subvention and other funds applied.
Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns.
Any project cost overruns must be funded from other than AB 2766 Discretionary Funds.
3
AGREEMENT FOR PURCHASE AND INSTALLATION SERVICES BETWEEN
CITY OF TEMECULA AND CHARGEPOINT, INC.
ELECTRIC VEHICLE CHARGING STATIONS
THIS AGREEMENT is made and effective as of December 11, 2018 between the City of
Temecula , a municipal corporation (hereinafter referred to as "City"), and ChargePoint, Inc., a
Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on December 11, 2018, and shall remain and continue
in effect until tasks described herein are completed; but in no event later than June 30, 2019,
unless sooner terminated pursuant to the provisions of this Agreement.
2. SCOPE OF WORK
Contractor shall construct and install all of the work described in the Scope of Work,
attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all
the labor, materials, necessary tools, expendable equipment, and all utility and transportation
services required for the Work. All of said Work to be performed and materials to be furnished
for the Work shall be in strict accordance with the specifications set forth in the Scope of Work.
The Work shall be completed on or before June 30, 2019. Contractor shall not commence the
Work until such time as directed in writing by the City.
3. PAYMENT
a. The City agrees to pay Contractor an amount not to exceed One hundred
twenty thousand dollars and zero cents ($120,000.00) for the total term of this agreement
unless additional payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner
as agreed to by City Manager and Contractor at the time City's written authorization is given to
Contractor for the performance of said services.
c. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of receipt
of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall
give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed
fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor
shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as
approved by the Director of Finance.
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4. PERFORMANCE
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed
and completed subject to the approval of City or its authorized representatives, and the quality of
the workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Agreement. The
acceptance by Contractor of the final payment shall constitute a waiver of all claims against City
under or arising out of this Agreement, except those previously made in writing and request for
payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement
with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of
California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of
workman needed to execute this Agreement from the Director of the Department of Industrial
Relations. Copies may be obtained from the California Department of Industrial Relations Internet
website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any
staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1720, 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 Agreement, by him or by any
subcontractor under him, in violation of the provisions of the Agreement. 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.
8. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS
Registration with the Department of Industrial Relations (DIR) is mandatory as a condition
for bidding, providing certain services, and working on a public works project as specified in Labor
Code Section 1771.1(a). Contractor and any subcontractors must be registered with the
Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and
material quote or be listed in a bid, proposal or quote, subject to the requirements of Public
Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor
Code Section 1720 et seq., unless currently registered and qualified to perform public work
pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide
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proof of registration with the DIR. For more information regarding registration with the Department
of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html
9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause,
suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at
least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise. If the
City suspends or terminates a portion of this Agreement such suspension or termination shall not
make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this
Section, the City shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to
Section entitled "PAYMENT" herein.
10. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or
negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have ten (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the
event that the Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
11. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, officials, employees, and volunteers (hereinafter
"indemnified parties") from and against any and all claims, demands, losses, defense costs or
expenses, including attorney fees and expert witness fees, or liability of any kind or nature which
the indemnified parties may sustain or incur or which may be imposed upon them for injury to or
death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or
omissions arising out of or in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the negligence of the indemnified parties.
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12. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG
00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06
92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Contractor's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
5) 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.
6) Automobile Liability: One million ($1,000,000) per accident for bodily
injury and property damage.
7) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
8) Professional Liability Coverage: One million ($1,000,000) per claim
and in aggregate.
b. Deductibles and Self -Insured Retentions. Any deductibles or
self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
c. Other Insurance Provisions. The general liability and
automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The indemnified parties are to be covered as insured's. as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the indemnified parties.
2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the indemnified parties. Any insurance or self-
insured maintained by the indemnified parties shall be excess of the Contractor's insurance and
shall not contribute with it.
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3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the indemnified
parties.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be canceled before the expiration date the issuing insurer will endeavor
to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
d. 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.
e. Verification of Coverage. Contractor shall furnish the City with
original endorsements effecting coverage required by this clause. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements
are to be on forms provided by the City. All endorsements are to be received and approved by
the City before work commences. As an alternative to the City's forms, the Contractor's insurer
may provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
f. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code.
and I will comply with such provisions before commencing
the performance of the work of this Contract.
13. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
14. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor
shall not incur or have the power to incur any debt, obligation or liability whatever against City, or
bind City in any manner.
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b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Contractor for injury or sickness arising out of performing services hereunder.
15. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply
with this section.
16. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of
difficulties that may be encountered in the execution of the work under this Agreement, as a result
of failure to make the necessary independent examinations and investigations, and no plea of
reliance on initial investigations or reports prepared by City for purposes of letting this Agreement
out to proposal will be accepted as an excuse for any failure or omission on the part of the
Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
17. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
18. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
20. 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 plans 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
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Work. Inspection of the work shall not relieve the Contractor of the obligation to fulfill all
obligations under this Agreement.
21. 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.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement
must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage
prepaid, return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by Notice. Notice shall be effective upon
delivery to the addresses specified below or on the third business day following deposit with the
document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Contractor: ChargePoint, Inc.
Attn: Brendan O'Donnell
254 East Hacienda Avenue
Campbell, CA 95008
23. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of this
Agreement, Contractor's sole compensation shall be payment for actual services performed up
to, and including, the date of termination or as may be otherwise agreed to in writing between the
City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect,
all licenses required of it by law for the performance of the services described in this Agreement.
25. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project,
during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents
to the City that no officer or employee of the City of Temecula that has participated in the
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development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof or in the business of
the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify
the City in the event any such interest is discovered whether or not such interest is prohibited by
law or this Agreement.
26. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall
govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in
the municipal, superior, or federal district court with geographic jurisdiction over the City of
Temecula, In the event such litigation is filed by one party against the other to enforce its rights
under this Agreement, the prevailing party, as determined by the Court's judgment, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted.
27. 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.
28. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Contractor
and has the authority to bind Contractor to the performance of its obligations hereunder. 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
CHARGEPOINT, INC.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Matt Rahn, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Bv•
onath- K
Ian, General Counsel
Rex ' Jackson, Chief Financial Officer
Peter M. Thorson, City Attorney CONTRACTOR
ChargePoint, Inc.
Attn: Brendan O'Donnell
254 East Hacienda Avenue
Campbell, CA 95008
(949) 521-3386
Brendan.odonnell@chargepoint
1 PM Initials:
f Date:
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EXHIBIT "A"
SCOPE OF WORK
To provide for the purchase of Electric Vehicle Charging Stations equipment and the installation
at various sites within the City of Temecula, including but not limited to the following locations;
• Sixth Street Parking Lot
• Civic Center Parking Structure
• Temecula Park and Ride
• Ronald H. Roberts Library
• Alternate locations may be determined later
Capital Improvement Program
Fiscal Years 2019-23
ELECTRIC VEHICLES CHARGING STATIONS
Infrastructure Project
Project Description: This project includes the design and construction of improvements to accommodate electric vehicles charging
stations installations at various City facilities, including but not limited to; Parking Structure on Mercedes Street; Sixth Street Parking Lot
at Mercedes Street; Ronald H. Roberts Temecula Public Library on Pauba Road; Temecula Park & Ride at Temecula Parkway and La
Paz. The improvements include extending the necessary power, upgrading electrical panels, if necessary, concrete base, and Dual Port
Bollard USA Gateway Station with concrete mounting kit.
Benefit / Core Value: This project encourages altemative transportation options. In addition, this project satisfies the Citys Core
Values of A Sustainable City.
Project Status: This is a new project
Department: Public Works - Account No. 210.165.683
Level: I
Project Cost:
Prior Years
Actual
Expenditures
FYE 2018
Carryover
Budget
2018-19
Adopted 2019-20
Appropriation Projected
2022-23
Projected
2020-21 2021-22 and Future Total Project
Years Cost
Projected Projected
Administration
$ -
Construction
$ 188,000
$ 188,000
Design
$ -
Totals
$ -
$ -
$ 188,000
$ -
$ -
$ -
$ -
$ 188,000
Source of Funds:
Prior Years
Actual
Expenditures
AB2766
MSRC Grant"'
Total Funding:
FYE 2018
Carryover
Budget
2018-19
Adopted
Appropriation
$ 47,000
$ 141,000
$ 188,000
2019-20
Projected
2020-21
Projected
2021-22
Projected
2022-23 Total Project
Projected Cost
$ 47,000
$ 141,000
$ 188,000
2018-19 2019-20 2020-21 2021-22 2022-23
Future Operation & Maintenance
Costs:
2017-18
2018-19
2019-20
2020-21
2021-22
(1) Mobile Source Air Pollution Reduction Review Committee
AMENDED 12-11-2018
Item No. 11
Approvals
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: December 11, 2018
SUBJECT: Award a Construction Contract to L.C. Paving & Sealing, Inc., for the Pechanga
Parkway Widening (From Via Gilberto to North Casino Drive), PW15-14
PREPARED BY: Avlin Odviar, Senior Civil Engineer
William Becerra, Associate Engineer II
RECOMMENDATION: That the City Council:
1 Award a Construction Contract to L.C. Paving & Sealing, Inc., in the amount of
$2,931,500.10, for the Pechanga Parkway Widening (From Via Gilberto to North
Casino Drive), PW15-14;
2. Authorize the City Manager to approve change orders not to exceed the
contingency amount of $293,150, which is equal to 10% of the Contract amount;
3. Authorize payment of up to $146,575, which is equal to 5% of the cost of
construction for the Multiple Species Habitat Conservation Plan (MHSCP).
BACKGROUND: On November 17, 2015, the City Council approved an
Intergovernmental Agreement (IGA) between the City and the Pechanga Band of Luiserio
Indians (Pechanga Tribe) in connection with the Pechanga Resort and Hotel Expansion Project
(Hotel Project). The IGA includes the terms of implementing mitigation measures to address off -
reservation impacts resulting from the Hotel Project. Traffic impacts and mitigation measures
are described in the Traffic Impact Analysis (TIA) included in draft Tribal Environmental Impact
Report (TEIR) prepared for the Hotel Project. The Pechanga Parkway Widening project, PW15-
14 (Project) is one of the mitigation measures identified.
The Project consists of widening Pechanga Parkway, from Via Gilberto to North Casino Drive, to
provide a Principal Arterial Road with six traffic lanes. These improvements will include the
widening of the existing roadway and the construction and/or relocation of support structures,
storm drain, sewer & water utilities, curb & gutter, and other related items. This project satisfies
the City's Core Values of Transportation Mobility and Connectivity.
On March 27, 2018, the City Council adopted Resolution No. 18-22 adopting a Mitigated
Negative Declaration, approved the plans and specifications, and authorized staff to solicit
construction bids.
The construction contract was advertised between October 12, 2018 and November 14, 2018.
On November 14, 2018, five bids were electronically opened and publicly posted on PlanetBids.
The results were as follows:
Staff has reviewed the bid proposals and found L.C. Paving & Sealing, Inc., to be the lowest
responsible bidder. L.C. Paving & Sealing, Inc. has successfully completed similar projects for
various public agencies
The Engineer's estimate for the project was $2,600,000.00. The Specifications allow for 120
working days for construction, which is approximately six months.
FISCAL IMPACT: This project is identified in the City's Capital Improvement
Program, Fiscal Years 2019-23. The source of funding is Pechanga Tribe Contributions in
accordance with the Intergovernmental Agreement dated November 17, 2015. There are
sufficient funds in the project account to cover the cost of construction which will be an amount
of $2,931,500.10 plus a 10% contingency amount of $293,150.00 for a total encumbrance of
$3,224,650.10.
ATTACHMENTS:
1. Contract
2. Project Location Map
3. Project Description
Base Bid
1.
L.C. Paving 8 Sealing, Inc.
$ 2,931,500.10
2.
Hillcrest Contracting, Inc.
$ 3,336,326.00
3.
All American Asphalt
$ 3,405,831.00
4.
LB Civil Construction
$ 3,478,490.00
5.
Hazard Construction
$ 3,594,875.00
Staff has reviewed the bid proposals and found L.C. Paving & Sealing, Inc., to be the lowest
responsible bidder. L.C. Paving & Sealing, Inc. has successfully completed similar projects for
various public agencies
The Engineer's estimate for the project was $2,600,000.00. The Specifications allow for 120
working days for construction, which is approximately six months.
FISCAL IMPACT: This project is identified in the City's Capital Improvement
Program, Fiscal Years 2019-23. The source of funding is Pechanga Tribe Contributions in
accordance with the Intergovernmental Agreement dated November 17, 2015. There are
sufficient funds in the project account to cover the cost of construction which will be an amount
of $2,931,500.10 plus a 10% contingency amount of $293,150.00 for a total encumbrance of
$3,224,650.10.
ATTACHMENTS:
1. Contract
2. Project Location Map
3. Project Description
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACT
for
PECHANGA PARKWAY WIDENING (FROM VIA GILBERTO TO NORTH CASINO DRIVE)
PROJECT NO. PW15-14
THIS CONTRACT, made and entered into the 11"' day of December, 2018 by and between the
City of Temecula. a municipal corporation, hereinafter referred to as "City", and L.C. Paving &
Sealing, Inc., 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 PECHANGA PARKWAY WIDENING (FROM VIA GILBERTO
TO NORTH CASINO DRIVE), PROJECT NO. PW15-14, Insurance Forms, this Contract,
and all modifications and amendments thereto, the State of California Standard Plans and
Specifications, (latest edition), issued by the California Department of Transportation,
where specifically referenced in the Plans, Special Provisions, and Technical
Specifications, and the 2015 edition 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 PECHANGA
PARKWAY WIDENING (FROM VIA GILBERTO TO NORTH CASINO DRIVE),
PROJECT NO. PW15-14. 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 Provisions, and Technical Specifications for PECHANGA
PARKWAY WIDENING (FROM VIA GILBERTO TO NORTH CASINO DRIVE),
PROJECT NO. PW15-14.
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 the following: PECHANGA PARKWAY WIDENING
(FROM VIA GILBERTO TO NORTH CASINO DRIVE), PROJECT NO. PW15-14.
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.
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 Two Million Nine Hundred Thirty -One Thousand Five
Hundred DOLLARS AND Ten CENTS ($2,931,500.10), the total amount of the base bid.
Contractor agrees to complete the work in a period not to exceed One Hundred Twenty
(120) working days, commencing with delivery of a Notice to Proceed by City.
Construction shall not commence until bonds and insurance are approved by City.
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 (30th) 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 Contract Code Section 20104.50.
Public Contract Code Section 7107 is hereby incorporated by reference.
LIQUIDATED DAMAGES / 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 $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.
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.
PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or
type of workman needed to execute 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.gov. Contractor shall provide a copy of
prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted
prevailing wage rates as a minimum. 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 Tess 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.
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 the 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. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall
govem the rights, obligations, duties and liabilities of the parties to this Contract and also
govern the interpretation of this Contract.
20. PROHIBITED INTEREST
No member, officer, or employee of the City of Temecula or of a local public body who has
participated in the development of the specifications or approval of this project or will
administer this project 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.
21. 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.
22. 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 1 City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590
23. 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 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as
individually defined therein.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED: NI) . ,
CONTRACTOR:
L.C. Paving & Sealing, Inc.
330 Rancheros Drive, Suite 208
San Marcos, CA 92069
(760) 752-1743
Jose@LCPavi ..co
By:
Jose Salinas
Print or type NAME
Pres.. Sec., Tres., and Mqr
Print or type TITLE
By
Print or type NAME
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED CITY OF TEMECULA
By
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
Matt Rahn, Mayor
PECHANGA PARKWAY WIDENING
Circulation Project Location
ate.
The Heart of Southern •
Aerial Data - 2015
250 500
Feet
t000
70
Capital Improvement Program
Fiscal Years 2018-22
PECHANGA PARKWAY WIDENING
Circulation Project
Project Description: This project includes the widening of Pechanga Parkway from Via Gilberto to North Casino Drive to
provide a Principal Arterial Road with six (6) lanes of traffic. It is the intent of the project to be designed, environmentally
cleared, constructed and open to the public prior to the adjacent Pechanga Casino Expansion Project currently scheduled for
completion by January 2018.
Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business
industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and
Connectivity.
Project Status: Design for this project started during Fiscal Year 2015-16. Construction is scheduled to start in Fiscal Year
2017-18.
Department: Public Works - Account No. 210.165.530 PW15-14
Level: I
Project Cost:
Prior Years FYE 2017
Actual Carryover
Expenditures Budget
2021-22
2017-18 Projected
Adopted 2018-19 2019-20 2020-21 and Future Total Project
propriation Projected Projected Projected Years Cost
Administration
$ 184,710
$ 180,290
$ 365,000
Construction
$ 328,391
$ 4,200,000
$ 4,200,000
Construction
$ 328 391
$ 4,671,609
$ -
$ -
$ -
$ -
$ -
$ 5.000.000
Engineering
$ 110,000
$ 110,000
Design
$ 143,681
$ 181,319
$ 325,000
Totals
$ 328.391
$4.671.609
$ -
$ -
$ -
$ -
$ -
$5,000,000
Source of Funds:
Prior Years FYE 2017 2017-18
Actual Carryover Adopted 2018-19 2019-20 2020-21 2021-22 Total Project
Expenditures Budget Appropriation Projected Projected Projected Projected Cost
Pechanga Tribe
Contributions(1)
$ 328,391
$ 4,671,609
$ 5,000,000
Total Funding:
$ 328 391
$ 4,671,609
$ -
$ -
$ -
$ -
$ -
$ 5.000.000
Future Operation &
Maintenance Costs:
2017-18
2018-19
2019-20
(1) In accordance with the Intergmemmental Agreement Approved by the City Council on 11/17/2015.
Fiscal Years 2018-22 Capital Improvement Program
71
2020-21
2021-22
Item No. 12
Approvals ���
City Attorney ��'�'7J
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: December 11, 2018
SUBJECT: Award a Construction Contract to Mamco, Inc. dba Alabbasi for Butterfield
Stage Road — Phase III, PW15-11
PREPARED BY: Amer Attar, Principal Civil Engineer
Kendra Hannah-Meistrell, Senior Civil Engineer
RECOMMENDATION: That the City Council:
1. Award a Construction Contract to Mamco, Inc. dba Alabbasi, in the amount of
$6,015,872, for Butterfield Stage Road — Phase III, PW15-11;
2. Authorize the City Manager to approve Contract Change Orders not to exceed
the contingency amount of $601,587.20, which is equal to 10% of the contract
amount.
BACKGROUND: On March 27, 2018, City Council approved the plans and
specifications and authorized the Department of Public Works to solicit construction bids for
Butterfield Stage Road — Phase IH, PW 15-11.
The Butterfield Stage Road — Phase III project will provide for the full width widening of
Butterfield Stage Road to four lanes with a raised median from La Serena Way to Rancho
California Road. The project also includes modifications to the existing traffic signal at
Butterfield Stage Road and Rancho California Road, as well as widening Rancho California
Road from Butterfield Stage Road to Armada Place to the east.
Ten bids were electronically opened through PlanetBids on Wednesday, October 17, 2018. The
results were as follows:
Base Bid
1. Mamco, Inc. dba Alabbasi $ 5,877,777.00
2. Riverside Construction Company, Inc. $ 6,818,344.15
3. Sukut Construction, LLC $ 7,891,424.40
4. LB Civil Construction, Inc. $ 7,906,134.00
Additive Bid
$ 138,095.00
$ 124,935.00
$ 243,987.00
$ 205,880.00
5. Vance Corporation
6. Los Angeles Engineering, Inc.
7. Hazard Construction Company
8. RAL Investment Corporation
9. Ortiz Enterprises, Inc.
10. SEMA Construction, Inc.
$ 7,907,292.50
$ 8,245,676.00
$ 8,374,081.00
$ 196,700.00
$ 454,295.00
$ 139,250.00
Non-responsive
Non-responsive
Non-responsive
RAL Investment Corporation and SEMA Construction, Inc. have been deemed non-responsive
because they each did not provide a signed Bid Sheet. Ortiz Enterprises, Inc. has been deemed
non-responsive because signatures were missing on the Bidder's Agreement.
Staff has reviewed the bid proposals and found Mamco, Inc. dba Alabbasi of Perris, California to
be the lowest responsible bidder for this project. Mamco, Inc. dba Alabbasi has public
contracting experience and has completed similar projects for other public agencies in Southern
California.
The Engineer's Estimate for the project was $5,931,000 for the base bid and $80,000 for the
additive bid for a total of $6,011,000. The project specifications allow for 180 working days,
which is an approximate duration of nine months.
The additive bid is to extend the widening of Rancho California Road westbound lanes east of
Butterfield Stage Road. The additive bid is funded through a Cooperative Agreement with the
County of Riverside dated August 23, 2016. The amount of the additive bid exceeds the
construction estimate within the Agreement. The County of Riverside wants to proceed with the
additive work as bid. An amendment to the Agreement with the County of Riverside will be
processed at a later date.
The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside
County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be
set aside in some areas. It is designed to protect over 150 species and conserve over 500,000
acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as
such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and
Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint
regional authority formed by the County and the Cities to provide primary policy direction for
implementation of the MSHCP.
Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects
contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside
the public right of way are calculated on a cost per acre of disturbed area basis, while fees for
typical right-of-way improvements projects are 5% of construction costs. Projects funded by
TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the
MSHCP. Staff is working with WRCOG and the RCA to finalize any possible MSHCP fee
obligation this project may be assessed; if necessary, authorization to pay the requisite fee will
be considered at a future Council meeting.
MAYOR PRO TEM NAGGAR AND COUNCIL MEMBER COMERCHERO WILL NOT
PARTICIPATE IN COUNCIL CONSIDERATION OF THIS ACTION.
Europa Vineyard Estates is located on approximately 290.7 acres southeasterly 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 of 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 Member Comerchero and Mayor Pro Tem 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 lots in the Project.
The City Attorney has determined that 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.
The Roripaugh Ranch Developers' have been obligated to construct the Phase III Improvements
to Butterfield Stage Road since approval of the original Development Agreement and Specific
Plan in December 2002 which was prior to the County approval of Europa Vineyard Estates.
This obligation has not changed despite the many issues that delayed development of the
Roripaugh Ranch Project. 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 III Improvements. However, both
Mayor Pro Tem Naggar and Council Member Comerchero have elected not to participate in this
action due to the appearance of a conflict, as the road improvements are adjacent to the Europa
Vineyards Estates project.
Alabbasi is a client of Mayor pro Tem Naggar.
The award of a construction contract is on the City Council's Consent Calendar. So, unless the
item is pulled by a Council Member for further discussion, Mayor Pro Tem Naggar and Council
Member Comerchero will simply need to register an abstention on this item when the vote on
the Consent Calendar is called and do not need to leave the dais.
ENVIRONMENTAL REVIEW
The Roripaugh Ranch Specific Plan was approved by City Council in November and December
2002, along with other land use entitlements and a Development Agreement. The widening of
Butterfield Stage Road from Murrieta Hot Springs Road to Rancho California Road has been
part of the Roripaugh Specific Plan and the Development Agreement since their approval in
December 2002. At that time, the City certified a comprehensive Final Environmental Impact
Report State, State Clearinghouse No. 97121030 (' EIR"), to comply with the requirements of the
California Environmental Quality Act ("CEQA") for all of the land use approvals and the
development agreement for the Project. Addendum No. 1 to the Final Environmental Impact
Report was approved on April 23, 2013 by the adoption of Resolution No. 13-04. Addendum
No. 2 to the Final Environmental Impact Report was approved on March 22, 2016 by the
adoption of Resolution No. 16-02. Amendment No. 1 to the Roripaugh Ranch Specific Plan (SP
11) was approved on January 11, 2005 by the adoption of Resolution No. 05-08. Amendment
No. 2 to the Roripaugh Ranch Specific Plan (SP 11) was approved on February 28, 2006 by the
adoption of Resolution No. 06-02. Amendment No. 3 to the Roripaugh Ranch Specific Plan (SP
11) was approved on March 8, 2016 by the adoption of Resolution No. 16-17. Addendum No. 3
to the Roripaugh Ranch Final Environmental Impact Report was approved by City Council
Resolution No. 18-06 on January 23, 2018. The scope of the widening of Butterfield Stage Road
has not changed since adoption of the Specific Plan and Development Agreement for the
Roripaugh Ranch Project in November and December 2002. The impacts of the construction of
Butterfield Stage Road were studied in the Final Environmental Impact Report, restudied, and
updated in Addendum No. 1, Addendum No. 2 and Addendum No. 3 to the FEIR.
FISCAL IMPACT: The Butterfield Stage Road — Phase III project is identified in the
City's Capital Improvement Program (CIP) Budget for Fiscal Years 2019-23, and funded
by Reimbursement (County of Riverside) and the original Community Facility District (CFD)
No. 03-02 (Roripaugh Ranch) bond proceeds although this bond issue was refunded in 2017.
Adequate funds are available for the contract amount of $6,015,872.00, plus a 10% contingency
amount of $601,587.20.
ATTACHMENTS:
1. Contract
2. Project Location
3. Project Description
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACT
for
BUTTERFIELD STAGE ROAD - PHASE III
PROJECT NO. PW15-11
THIS CONTRACT, made and entered into the 11th day of December, 2018 by and between the
City of Temecula, a municipal corporation, hereinafter referred to as "City", and Mamco, Inc. dba
Alabbasi, 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 BUTTERFIELD STAGE ROAD - PHASE III, PROJECT NO. PW15-
11, Insurance Forms, this Contract, and all modifications and amendments thereto, the
State of California Standard Plans and Specifications, (latest edition), issued by the
California Department of Transportation, where specifically referenced in the Plans, Special
Provisions, 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 BUTTERFIELD STAGE ROAD - PHASE III, PROJECT NO. PW15-11. 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 Provisions, and Technical Specifications for BUTTERFIELD STAGE ROAD -
PHASE III, PROJECT NO. PW15-11.
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.
CONTRACT C-1
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 the following: BUTTERFIELD STAGE ROAD - PHASE
III, PROJECT NO. PW15-11
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: SIX MILLION FIFTEEN THOUSAND EIGHT HUNDRED
SEVENTY TWO DOLLARS AND ZERO CENTS ($6,015,872.00), the total amount of the
base bid.
Contractor agrees to complete the work in a period not to exceed 180 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 (30th) 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 -
CONTRACT C-2
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 Contract Code Section 20104.50.
Public Contract Code Section 7107 is hereby incorporated by reference.
7. LIQUIDATED DAMAGES / 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 $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.
PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the
City Council has obtained the general prevailing rate of per diem wages and the general
rate for holiday and overtime work in this locality for each craft, classification, or type of
workman needed to execute 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.aov. Contractor shall provide a copy of prevailing wage
rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates
as a minimum. 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,
CONTRACT C-3
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.
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 the 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
CONTRACT C-4
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 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.
20. PROHIBITED INTEREST
No member, officer, or employee of the City of Temecula or of a local public body who has
participated in the development of the specifications or approval of this project or will
administer this project 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.
21. ADA REQUIREMENTS.
CONTRACT C-5
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.
22. 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
23. 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 1.5 and
Section 9204, as applicable, pursuant to the definition of "claim" as individually defined
therein.
CONTRACT C-6
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date
first above written.
DATED: 11/28/18
CONTRACTOR:
Mamco, Inc. dba Alabbasi
764 Ramona Expressway, Suite C
Perris, CA 92571
951-776-9300
nina@alabbasi.
By:
Rumzi Alabbasi
Print or type NAME
Vice President
Print or type TIT E
B
Marwan Alabbasi
Print or type NAME
President
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED: CITY OF TEMECULA
By:
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CONTRACT C•7
BUTTERFIELD STAGE ROAD EXTENSION
Circulation Project Location
Aerial Data - 2015
Feet
0 300 600 1,200
44
Capital Improvement Program
Fiscal Years 2019-23
BUTTERFIELD STAGE ROAD EXTENSION
Circulation Project
Project Description: This project includes the complete design and construction of four lanes on Butterfield Stage Road (from Rancho
California Road to Murrieta Hot Springs Road), four lanes on Murrieta Hot Springs Road (from Butterfield Stage Road to the City limits), and two
lanes on Calle Chapos (from Butterfield Stage Road to Walcott Road), totaling approximately 3.2 miles of road.
Benefit / Core Value: This project improves traffic circulation by providing a crucial north and south arterial road on the eastern side of the City.
In addition, this project satisfies the City's Core Values of Transportation Mobility and Connectivity.
Project Status: Phase I and Phase II of this project (Murrieta Hot Springs Road to La Serena) have been completed. Phase III (La Serena to
Rancho California Road) is scheduled to be completed during Fiscal Year 2018-19.
Department: Public Works - Account No. 210.165.723 PW09-02 & PW 15-11
Level: I
Project Cost:
Prior Years
Actual
Expenditures
FYE 2018
Carryover
Budget
2022-23
Projected
2018-19 Adopted 2019-20 2020-21 2021-22 and Future
Years
Appropriation Projected Projected
Projected
Total Project
Cost
Administration
$ 2,335,840
$ 187,222
$ 2,523,062
Acquisition
$ 15,006,728
$ 1,193,936
$ 16,200,664
Construction
$ 13,027,586
$ 9,590,743
$ 22,618,329
Construction Engineering
$ 457,192
$ 760,785
$ 1,217,977
Design/Environmental
$ 664,934
$ 223,970
$ 888,904
Utilities
$ 86
$ 914
$ 1,000
Totals
$31,492,366
$ 11,957,570
$ -
$ -
$ -
$ -
$ -
$ 43,449,936
Source of Funds:
Prior Years
Actual
Expenditures
FYE 2018
Carryover 2018-19 Adopted 2019-20 2020-21 2021-22 2022-23 Total Project
Budget Appropriation Projected Projected Projected Projected Cost
CFD #03-02 (Roripaugh Ranch)
$ 30,054,366
$ 11,050,375
$ 41,104,741
Reimbursement/Other (EMWD)
$ 11,622
$ 11,622
Reimbursement/Other (RCWD)
$ 590,028
$ 590,028
Reimbursement/Other (Shea
Homes)
$ 173,808
$ 173,808
Reimbursement/Other (SCE)
$ 8,537
$ 8,537
ReimbursementiOther (County of
Riverside)
$ 123,200
$ 123,200
TUMF
$ 1,438,000
$ 1,438,000
Total Funding:
$ 31,492,366
$ 11,957,570
$ -
$ -
$ -
$ -
$ -
$ 43,449,936
Future Operation & Maintenance Costs:
2018-19 2019-20 2020-21 2021-22 2022-23
js
19,102 j $ 19,484 1 $ 19,874 [$ 20,271 1 $ 20.677 j
Note: Assumes that only minor right-of-way acquisitions would be necessary and that all major right-of-way dedications are voluntary.
45
TEMECULA COMMUNITY
SERVICES DISTRICT
CONSENT
Item No. 13
ACTION MINUTES
November 27, 2018
City Council Chambers, 41000 Main Street, Temecula, California
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
The Temecula Community Services District meeting convened at 7:26 PM
CALL TO ORDER: President Jeff Comerchero
ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero
CSD PUBLIC COMMENTS
None
CSD CONSENT CALENDAR
13 Approve the Action Minutes of November 13, 2018 - Approved Staff
Recommendation (5-0); Motion by Stewart, Second by Naggar; and electronic vote
reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn.
RECOMMENDATION:
13.1 That the Board of Directors approve the action minutes of November 13, 2018.
14 Approve Financial Statements for the 4th Quarter Ended June 30, 2018 - Approved
Staff Recommendation (5-0); Motion by Stewart, Second by Naggar; and
electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and
Rahn.
RECOMMENDATION:
14.1 Receive and file the Financial Statements for the 4th Quarter Ended
June 30, 2018;
14.2 Approve an appropriation increase in Service Level C Funds in the amount of
$500 in Zone 1 Saddlewood, Zone 3 Rancho Highlands and Zone 27 Avondale;
$6,500 for Zone 8 Village Grove, $3,000 for Zone 12 Vintage Hills, $2,000 Zone
24 Harveston.
15 Approve the First Amendment to the Agreement for Contractor Services with Kingdom
Causes dba City Net for City -Wide Homeless Collaborative Services Pilot Program -
Approved Staff Recommendation (5-0); Motion by Stewart, Second by Naggar;
and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart
and Rahn.
RECOMMENDATION:
CSD Action Minutes 112718 1
15.1 That the Board of Directors approve the First Amendment to the Agreement
for Contractor Services with Kingdom Causes DBA City Net for city-wide
homeless collaborative services to extend the term of the agreement until
December 31, 2019 and increase the payment by $60,000.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:28 PM, the Community Services District meeting was formally adjourned to Tuesday,
December 11, 2018, at 5:30 PM for a Closed Session, with a regular session commencing at
7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Jeff Comerchero, President
ATTEST:
Randi Johl, Secretary
[SEAL]
CSD Action Minutes 112718 2
SUCCESSOR AGENCY TO
THE TEMECULA
REDEVELOPMENT
AGENCY CONSENT
Item No. 14
ACTION MINUTES
November 27, 2018
City Council Chambers, 41000 Main Street, Temecula, California
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING
The Successor Agency to the Temecula Redevelopment Agency convened at 7:28 PM
CALL TO ORDER: Chairperson Matt Rahn
ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Stewart, Rahn
SARDA PUBLIC COMMENTS
None
SARDA CONSENT CALENDAR
16 Receive and File Financial Statements for the 4th Quarter Ended June 30, 2018 -
Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Naggar;
and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart
and Rahn.
RECOMMENDATION:
16.1 That the Board of Directors receive and file the Financial Statements for the 4th
Quarter Ended June 30, 2018.
SARDA EXECUTIVE DIRECTOR REPORT
SARDA BOARD OF DIRECTORS REPORTS
SARDA ADJOURNMENT
At 7:29 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally
adjourned to Tuesday, December 11, 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.
Matt Rahn, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
SARDA Action Minutes 112718 1
Item No. 15
Approvals
City Attorney
Director of Finance
City Manager
J14,
6e.
THE SUCCESSOR AGENCY
TO THE TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Luke Watson, Director of Community Development
DATE: December 11, 2018
SUBJECT: Approve the Second Amendment to the Disposition and Development
Agreement between the City of Temecula, Successor Agency to the
Temecula Redevelopment Agency, and Town Square Marketplace Old Town,
LLC
PREPARED BY: Lynn Kelly -Lehner, Principal Management Analyst
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. SARDA 18-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING THE SECOND
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND AMONG THE CITY OF TEMECULA,
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY, AND TOWN SQUARE
MARKETPLACE OLD TOWN, LLC CONVEYING
APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON
MAIN STREET WEST OF MERCEDES STREET
BACKGROUND: The Subject Property, also known as the Town Square
Marketplace (TSMP), is considered the third and final phase of the overall Civic Center
development. The Subject Property consists of the vacant pads flanking the Town Square Park
to the north and south. Town Square Marketplace is envisioned as a commercial mixed-use
development that will complement the Civic Center and Town Square Park.
In March 2014, staff met the Civic Center Subcommittee (Subcommittee), then consisting of
Board Members Comerchero and Roberts, to receive direction on the future development of the
TSMP. On March 11, 2014, the City issued a Request for Interest to solicit interest from
qualified firms for the development of the TSMP, at the direction of the Subcommittee.
On August 14, 2014, the Subcommittee, along with staff, conducted interviews of the three
applicants. The Subcommittee unanimously chose Town Square Marketplace Old Town, LLC
(also known as Truax Development) as the preferred candidate to enter into an Exclusive
Negotiating Agreement and Disposition and Development Agreement.
On December 13, 2016, the City Council and the Successor Agency approved a Disposition and
Development Agreement (DDA) with Truax Development outlining the terms of the purchase
and sale of the property, due diligence period, schedule of performance, deposit, scope of
development, and close of escrow.
On June 12, 2018, the City Council and Successor Agency approved the First Amendment to
the DDA amending the term involving the close of escrow by extending the term by an
additional six (6) from the approval of the amendment to allow for the proper analysis of a
current appraisal of the property. The amendment also required that the Developer bear the
cost of all future appraisals.
The developer is requesting approval of the Second Amendment to the DDA to extend the close
of escrow to June 13, 2019. Neither the City nor the Successor Agency have an obligation to
extend the term beyond this date. This amendment includes a provision stipulating that if the
Developer does not complete all foundation work within 18 calendar months after the close of
escrow, the City may elect to purchase back the property at the purchase price the developer
paid, minus fees.
FISCAL IMPACT: The TSMP site is a former Redevelopment Agency owned
property. Due to the dissolution of the Redevelopment Agency in 2012, the site was
transferred to the Successor Agency to the Temecula Redevelopment Agency. Legislation
pertaining to the dissolution of Redevelopment required the Successor Agency to produce a
Long Range Property Management Plan (LRPMP), in which the Successor Agency was
required to identify any former non -housing properties that owned by the Successor Agency,
and the intention of development and or disposition of the properties. The LRPMP identified the
TSMP site as "retained for
future development." While the site was purchased with funds sourced solely from the former
Temecula Redevelopment Agency, Redevelopment dissolution law requires that when former
Redevelopment Agency properties are sold, the proceeds of the sale must be divided up
amongst the taxing entities that received property tax, based on their proportionate share of
each property tax dollar collected. Based on the proportionate share of each property tax dollar
collected by the County of Riverside, the proceeds of the sale of the TSMP site that would be
disbursed back to the City is estimated to be approximately $150,000 (approximately 5%).
Section 3.8 of the DDA stipulates that the City's portion of the sales proceeds are to reimburse
the Developer for actual costs incurred in the construction of the public restrooms and electrical
infrastructure for the Town Square Park.
Further, the Redevelopment dissolution law requires that the site be sold at fair market value.
If the site is not sold at fair market value, then the Successor Agency must negotiate
Compensation Agreements with each individual taxing entity receiving property tax and the
developer would be subject to prevailing wage requirements. The Successor Agency is
proposing to sell the property at fair market value, and will not be required to enter into
Compensation Agreements with the taxing entities.
ATTACHMENTS:
1. DDA Extension Request Letter
2. Second Amendment to the Disposition and Development
Agreement
3. Resolution
TRUAX DEVELOPMENT, INC.
41923 Second Street, Suite 401
Temecula, CA 92590
November 14, 2018
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: Mr. Aaron Adams, City Manager
RE: City Marketplace DDA Extension Request to June 13, 2019
Dear Mr. Adams,
951-693-2008 Main
951-693-2007 Fax
Truax Development would like the City to consider our request for a DDA extension. As you are aware
our current DDA is scheduled to have us close on the Marketplace project on or about December 13,
2018. We have submitted Construction Documents for Plan Check review and we are working on the city
comments from that plan check. At the same time, we are incorporating tenant requirements into the
plans for second submittal. We met with Luke Watson last month to final the electrical requirements on
the park and this required we change the service to the building and have SCE revise their power
drawings. The final item to be corrected was the clarification on the public restrooms which is now
resolved. The funding on the Marketplace cannot be completed until we have obtained building permits
and enter into a contract with our General Contractor.
Therefore, Truax Development is requesting a delay of Six (6) months on the DDA.
Truax Development is committed to funding and completing the Marketplace project. It is our sincere
hope and desire that the City will grant us an extension on the DDA.
We look forward to hearing from you and thank you for your consideration. Please confirm this meets the
Cities approval.
Sincerel
Ross Jackson
Director of Development and Construction
Truax Development
cc: Mr. Greg Butler, Assistant City Manager
Mr. Luke Watson, Director of Community Development
SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
by and among the
SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY,
the CITY OF TEMECULA,
a municipal corporation
and
TOWN SQUARE MARKETPLACE OLD TOWN, LLC,
a California limited liability company
SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is dated as of December 11, 2018, and is entered into by and
among the SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY
(the "Successor Agency"), the CITY OF TEMECULA, a municipal corporation ("City") and
TOWN SQUARE MARKETPLACE OLD TOWN, LLC, a California limited liability company
("Developer").
RECITALS
A. The City and the Successor Agency entered into a Disposition and Development
Agreement dated December 13, 2016 and amended it by a First Amendment to Disposition and
Development Agreement dated June 12, 2018 (as so amended, the "DDA") which provided for,
among other things, the sale of certain land and improvements by the Successor Agency to the
City, and then by the City to the Developer for the purpose of developing a commercial project
with assorted retail and restaurants.
B. The City, the Successor Agency, and the Developer have agreed to modify the
DDA as herein after set forth in order to allow for extensions by the City Manager of the
deadline for the Close of Escrow and appraisal updates so that the purchase price, as of the Close
of Escrow, is at fair market value.
NOW, THEREFORE, in consideration of the foregoing recitals and other considerations,
the adequacy of which is hereby acknowledged, the City, the Successor Agency, and the
Developer hereby agree as follows:
1. DDA Modifications. The DDA is hereby modified as follows:
i. Section 2.3 of the DDA is hereby amended to read as follows:
"2.3 Opening and Closing of Escrow. Within three (3) business days after the
date this Agreement is fully executed and delivered to Developer, the Parties shall deposit
with Escrow Holder a fully executed duplicate original of this Agreement as the initial
escrow instructions for the Escrow, and shall cause an escrow (the "Escrow") to be
opened with Escrow Holder for the sale of the Property by the City to Developer. The
City and Developer shall provide such additional instructions as shall be necessary and
consistent with this Agreement. The Close of Escrow is conditioned upon the satisfaction
(or written waiver) of the conditions set forth in Sections 2.5 and 2.6. Escrow must close
(the "Close of Escrow") on or before June 13, 2019 and neither the Successor Agency nor
the City shall have any obligation whatsoever, express or implied, to extend such date for
any reason. If the Close of Escrow does not occur by such date (as it may have been so
extended), then any party not then in default may terminate this Agreement by written
notice to the other and all the funds and documents deposited with Escrow Agent shall be
promptly refunded or returned, as the case may be, by Escrow Agent to the depositing
party, except that all escrow and title cancellation fees shall be paid by Developer."
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ii. Section 2.1 is hereby amended to read as follows:
"2.1 Purchase and Sale; Purchase Price. In accordance with and subject to
the terms and conditions hereinafter set forth, the Successor Agency agrees to convey and
sell the Land to the City, which in turn agrees to substantially concurrently convey and
sell the Land to Developer, and Developer agrees to purchase the Land from the City.
The purchase price for the Land to be paid by the City to the City as Successor Agency,
and to be paid by Developer to City (the "Purchase Price") shall be the fair market value
of the Land based on an appraisal ("Appraisal") (or appraisal update, hereinafter referred
to as "Appraisal Update") obtained by City as Successor Agency from a reputable MAI
appraiser at Developer's cost that is dated no earlier than six (6) months prior to the Close
of Escrow. Developer shall reimburse City (or Successor Agency, as applicable) for the
costs of such appraisal within ten (10) days after written demand, and such
reimbursement shall be an additional condition to the City's obligation to close.
Notwithstanding anything to the contrary contained herein, the Close of Escrow shall not
occur until such time as the Closing Conditions, as defined in Sections 2.5 and 2.6 hereof,
have been satisfied or expressly waived in writing."
iii Section 3.1 is hereby amended to read as follows:
"3.1 Development of the Project; City Option to Purchase. Developer shall
develop and construct the Improvements on the Land in accordance with the
Development Plan, approved by the City Council on February 27, 2018 (Planning
Application No. PA -17-0324), and any amendments to this Development Plan as may be
approved by the City Council in its sole discretion, all requirements of any and all
applicable federal, state and local laws, rules and regulations (including any conditions of
approval required by the City in its governmental capacity), the Plans and Specifications,
all applicable permits, and all other terms, conditions and requirements of this
Agreement. Developer shall provide the City with written, detailed progress reports, as
reasonably requested by the City, regarding the status of the construction of the
Improvements.
If Developer does not complete all foundation work by the date that is
eighteen (18) calendar months after the close of Escrow, City may elect by written notice
to Developer to purchase the Land and Improvements by paying to Developer a sum
equal to the Purchase Price less the costs of a CLTA title policy in favor of City from
Title Company and escrow fees for the repurchase escrow at the Title Company. The
City Manager shall execute and authorize a reasonable subordination agreement with
respect to such option if required by Developer's construction lender in order to close its
construction loan for the Improvements and confirm that the construction loan deed of
trust is senior to the City's option and the City Manager shall deliver it to the escrow for
the loan closing, in which case all sale proceeds shall first be used to pay any sums
outstanding under said construction loan (and the title policy costs and escrow fees)
before being paid to Developer.
-2-
Developer and City shall reasonably and diligently cooperate in opening escrow
and closing the repurchase transaction. The closing of the repurchase transaction shall
occur not later than thirty (30) days after the date of City's notice of election to repurchase.
iv. Exhibit "D" (the form of Grant Deed) shall be replaced with the revised
form of Grant Deed attached hereto as Attachment No. 1.
2. Condition Precedent. The effectiveness of this Amendment is conditioned upon
the approval of this Amendment by the Oversight Board of the Successor Agency, and the approval
of the Successor Agency's approval by the California Department of Finance ("DOF") or the
DOF's failure to timely respond within the time permitted by law.
IN WITNESS WHEREOF, the Parties hereto have entered into this Amendment as
of the day and year first above written.
DEVELOPER: CITY:
TOWN SQUARE MARKETPLACE OLD CITY OF TEMECULA
TOWN LLC,
a California limited liability company
By: BIIAJ, LLC,
a California limited liability company
Managing Member
By:
Bernard L. Truax II,
Manager
By:
Matt Rahn
Mayor
ATTEST:
Randi Johl
City Clerk
APPROVED AS TO FORM:
By:
-3-
Peter Thorson
City Attorney
SUCCESSOR AGENCY:
SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT
AGENCY
By:
-4-
Matt Rahn
Chair
ATTACHMENT NO. 1
REVISED FORM OF GRANT DEED
(Attached.)
-1-
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO,
AND MAIL TAX STATEMENTS TO:
Town Square Marketplace Old Town LLC
c/o Truax Developments
41923 Second Street
Temecula, CA 92590
Attn; Bernard L. Truax, II
APN(s): 922-360-004-6, 005-7, 006-8 and
007-9
Space above for Recorder's Use) Exempt From Recording Fee Per Government Code Section 27383
Documentary transfer tax is $ based on the full value of the property conveyed.
GRANT DEED AND COVENANTS/RESTRICTIONS
The undersigned grantor(s) declare(s):
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY
OF TEMECULA "Grantor") hereby GRANTS to TOWN SQUARE MARKETPLACE OLD
TOWN LLC, a California limited liability company ("Grantee") the land (the "Land") located in
the City of Temecula, County of Riverside, State of California described on Exhibit "A".
SUBJECT TO, all matters of record.
1. This grant of the Land is subject to (i) the terms of a Disposition and
Development Agreement entered into by and between Grantor and Grantee dated as of
December 13, 2016, as amended by amendments dated June 12, 2018 and December 11, 2018
(the "Agreement") the terms of which are incorporated herein by reference (and which include
maintenance covenants, as well as the matters described in Section 2, 3 and 4 below, and a right
to repurchase in favor of the Grantor); and (ii) the restriction that the Land be used solely to
develop and construct the Improvements as defined and described in the Agreement. A copy of
the Agreement is available for public inspection at the offices of the Grantor at 41000 Main
Street, Temecula, California 92590.
2. The public bathrooms described in the Agreement (to be constructed by Grantee)
shall remain open and available to the public. Grantor shall, at Grantor's cost, clean the
bathrooms once a day, subject to delays beyond the control of Grantor, and shall maintain and
repair the inside of the bathrooms.
The Grantee covenants, for itself and its successors and assigns, that there shall be no sale,
transfer, assignment, conveyance, lease, pledge or encumbrance of the DDA, or the Land and the
Improvements thereon or any part thereof, or of ownership interests in the Grantee in violation of
the DDA, which contains restrictions on the assignment of the DDA, the transfer of interests in
D-1
the Land, and any such sale, transfer, assignment, conveyance, lease, pledge or encumbrance that
violates the DDA shall be ineffective and void.
3. Grantee agrees as follows:
(a) The Grantee covenants and agrees that Grantee shall not discriminate against or
segregate any person or group of persons on account of any basis listed in subdivision (a) and
(d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section
12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall the Grantee establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The
foregoing covenant shall run with the land.
(b) Notwithstanding paragraph (a), with respect to familial status, paragraph (a) shall
not be construed to apply to housing for older persons, as defined in Section 12955.9 of the
Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for
senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph
(a).
(c) All deeds, leases or contracts made or entered into by the Grantee, its successors
or assigns, as to any portion of the Property shall contain therein the following language:
(1) In deeds:
"(A) Grantee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on account of any basis listed in
subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955
and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee or any
person claiming under or through the grantee, establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The
foregoing covenant shall run with the land.
(B) Notwithstanding paragraph (A), with respect to familial status,
paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall
be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code,
relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall
apply to paragraph (A)."
(2) In leases:
"(A) Lessee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or through them, that there shall be no discrimination
D-2
against or segregation of, any person or group of persons on account of any basis listed in
subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955
and Section 12955.2 of the Government Code in the leasing, subleasing, transferring, use,
occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee or any person
claiming under or through the lessee, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.
(B) Notwithstanding paragraph (A), with respect to familial status,
paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall
be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code,
relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall
apply to paragraph (A)."
(3) In contracts with respect to the sale, lease, sublease, transfer, use, or
occupancy, of the Property:
"(A) There shall be no discrimination against or segregation of, any
person or group of persons on account of any basis listed in subdivision (a) and (d) of Section
12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of
the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment
of the property nor shall the transferee or any person claiming under or through the transferee
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees of the land.
(B) Notwithstanding paragraph (A), with respect to familial status,
paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section
12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall
be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code,
relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the
Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall
apply to paragraph (A)."
4. All covenants contained in this Grant Deed shall run with the land and shall be
binding for the benefit of Grantor and its successors and assigns and such covenants shall run in
favor of the Grantor and for the entire period during which the covenants shall be in force and
effect, without regard to whether the Grantor is or remains an owner of any land adjacent to the
Land or interest in such adjacent land or any other land. The Grantor, in the event of any breach
of any such covenants, shall have the right to exercise all of the rights and remedies available
under the Agreement or at law or in equity. The covenants contained in this Grant Deed shall be
for the benefit of and shall be enforceable only by the Grantor and its successors and assigns.
D-3
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth
below.
Dated: , 2018
CITY OF TEMECULA
By:
Print Name:
Title:
ATTEST:
Randi Johl, City Clerk
D-4
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
, 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)
D-5
EXHIBIT "A" TO GRANT DEED
AND COVENANTS/RESTRICTIONS
Real property in the City of Temecula, County of Riverside, State of California, described as
follows:
THOSE CERTAIN PARCELS OF LAND SITUATED 1N THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PARCELS 4, 5, 6 AND 7, OF
OFFICIAL MAP, AS FILED IN BOOK 1, AT PAGES 20 THROUGH 22, INCLUSIVE, OF
OFFICIAL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
RIVERSIDE, AS FILED MAY 20, 2008, AS INSTRUMENT NO. 2008-270686 OF OFFICIAL
RECORDS.
D-6
RESOLUTION NO. SARDA 18-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING THE SECOND
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND AMONG THE CITY OF TEMECULA,
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY, AND TOWN SQUARE
MARKETPLACE OLD TOWN, LLC CONVEYING
APPROXIMATELY ONE ACRE OF PROPERTY LOCATED
ON MAIN STREET WEST OF MERCEDES STREET
THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals
(a) The City of Temecula, Successor Agency to the Temecula
Redevelopment Agency, and Town Square Marketplace Old Town, LLC entered into a
Disposition and Development Agreement dated as of December 13, 2016 ("DDA")
providing for the Successor Agency's conveyance to the City of four parcels of real
property composed of approximately one acre and located at the intersection of Main
Street and Mercedes Street across from City Hall and the City's conveyance of such
parcels to the Town Square Market Place Old Town, LLC for development as specified in
the DDA.
(a) On June 12, 2018, entered into the First Amendment of the
Disposition and Development Agreement, thereby extending the date for the close of
escrow to December 12, 2018.
(b) The parties now wish to extend the date for the close of escrow to
June 13, 2019 for the transactions described in the DDA by approving the Second
Amendment to the DDA.
Section 2. Approval of First Amendment. The City Council hereby
approves the "SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY
TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE
MARKETPLACE OLD TOWN, LLC" and authorizes the Mayor to execute said Second
Amendment on behalf of the City in substantially the form presented to the City Council.
Section 3. Certification. The City Clerk shall certify the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the
Successor Agency to the Temecula Redevelopment Agency this 11th day of December,
2018.
Matt Rahn, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment
Agency, do hereby certify that the foregoing Resolution No. SARDA 18- was duly and
regularly adopted by the Board of Directors of the Successor Agency to the Temecula
Redevelopment Agency at a meeting thereof held on the 11th day of December, 2018, by
the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
CITY COUNCIL BUSINESS
Item No. 16
Presentations to City Council
Member Jeff Comerchero for
25 Years of Service to the
City of Temecula
JOINT CITY COUNCIL/
TEMECULA COMMUNITY
SERVICES DISTRICT
Item No. 17
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Legislative Director/City Clerk
DATE: December 11, 2018
SUBJECT: Accept the November 6, 2018 General Municipal Election Declaration of Results
and Conduct Swearing -In Ceremony
PREPARED BY: Randi Johl, Legislative Director/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 RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018,
DECLARING THE RESULTS AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
BACKGROUND: The City of Temecula held its general municipal election on
November 6, 2018 for the purposes of filling three (3) full-term City Council member seats in
Districts 1, 3 and 5. For all purposes, the election was conducted in accordance with the
Elections Code of the State of California. In addition to reciting facts related to the canvass of
returns and certification of results, the attached resolution formalizes the process of declaring
the results of the aforementioned election pursuant to the Elections Code.
It is therefore recommended that the City Council adopt the above -referenced resolution, direct
the City Clerk to administer the Oath of Office to the newly -elected City Council members and
present the Certificates of Election, recognize outgoing officers and reorganize the City Council
and Community Services District accordingly.
FISCAL IMPACT: The actual cost of the election will be determined upon receipt of
the final invoice from the Riverside County Registrar of the Voters. Based on an initial estimate
received from the Registrar, the approximate cost for the election will be $133,000 and this
amount is budgeted in the current fiscal year.
ATTACHMENTS: Resolution
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018,
DECLARING THE RESULTS AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, a General Municipal Election was held and conducted in the City of
Temecula, California, on Tuesday, November 6, 2018, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided
by law; that voting precincts were properly established; that election officers were
appointed and that in all respects the election was held and conducted and the votes
were cast, received and canvassed and the returns made and declared in time, form and
manner as required by the provisions of the Elections Code of the State of California for
the holding of elections in general law cities; and
WHEREAS, the Riverside County Registrar of Voters canvassed the returns of the
election and has certified the results to this City Council, the results are received, attached
and made a part hereof as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the whole number of votes (ballots) cast in the precincts, the whole
number of vote by mail voter ballots cast in the City, and the total number of votes (ballots)
cast in the City are set forth in the attached Exhibit A.
Section 2. That the names of the persons voted for at the election for Member of
the City Council are as follows:
Matt Rahn (District 1)
Mayra Garcia (District 1)
Adam Joshua Rideau (District 3)
Michael "Kaizen" McCracken (District 3)
Maryann Edwards (District 3)
Martha Angelica Howard (District 5)
Zak Schwank (District 5)
Section 3. That the number of votes given at each precinct and the number of
votes given in the city to each of the persons above named for the respective offices for
which the persons were candidates, were as listed in Exhibit A attached.
1
Section 4. The City Council does declare and determine as follows:
That Matt Rahn (District 1), Maryann Edwards (District 3) and Zak Schwank
(District 5) were each elected as a Member of the City Council for a full term of four years
each.
Section 5. The City Clerk shall enter on the records of the City Council of the City,
a statement of the result of the election, showing: (1) The whole number of votes (ballots)
cast in the City; (2) The names of the persons voted for; (3) The measure voted upon; (4)
For what office each person was voted for; (5) The number of votes given at each precinct
to each person, and for and against each measure; (6) The total number of votes given
to each person, and for and against each measure.
Section 6. That the City Clerk shall immediately make and deliver to each of the
persons so elected a Certificate of Election signed by the City Clerk and authenticated;
that the City Clerk shall also administer to each person elected the Oath of Office
prescribed in the Constitution of the State of California and shall have them subscribed
to it and file it in the office of the City Clerk. Each and all of the persons so elected shall
then be inducted into the respective office to which they have been elected.
Section 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of December, 2018.
ATTEST:
Randi Johl, City Clerk
[SEAL]
2
Matt Rahn, Mayor
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 11th day of December, 2018, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
3
REBECCA SPENCER
Registrar of Voters
State of California
ART TINOCO
Assistant Registrar of Voters
REGISTRAR OF VOTERS
COUNTY OF RIVERSIDE
CERTIFICATE OF REGISTRAR OF VOTERS
TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS
ss.
County of Riverside
1, REBECCA SPENCER, Registrar of Voters of said County, do hereby certify that, in pursuance of the
provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted
by the City Council. I did canvass the returns of the votes cast on November 6, 2018, as part of the
Consolidated General Election in the
CITY OF TEMECULA
and I further certify that the statement of votes cast, to which this certificate is attached. shows the whole
number of votes for each candidate for elective office at said election, in said City, and in each precinct
therein, and that the totals as shown for each candidate are full, true, and correct.
Dated this 6`h day of December 2018.
REBECCA SPENCER
Registrar of Voters
Leticia Flores
Elections Coordinator
2724 Gateway Drive Riverside, CA 92507-0918
(951) 486-7200 1 TTY (951) 697-8966 1 FAX (951) 486-7272
www voteinfo.net
12/07/18 4:59 AM
November 6,2018
RIVERSIDE COUNTY Statement of Vote
CONSOLIDATED GENERAL ELECTION
1211 of 1695
100125
NO PARTY PREFERENCE CITY OF TEMECULA, COUNCIL DISTRICT 1
Registration
Ballots Cast
_
z
MAYRA GARCIA
ee
H
g
33101 TEMECULA/1
1
0
0.00
0
0
33101 - Vote by Mail Reporting
1
1
100.00
'"'"""' Insufficient Tumout to Protect Voter Privacy "'"""'
33111 TEMECULA/1
2283
479
20.98
236
129
33111 - Vote by Mail Reporting
2283
1008
44.15
561
316
33119 TEMECULA/1
2281
520
22.80
298
127
33119 - Vote by Mail Reporting
2281
1035
45.37
641
265
33123 TEMECULA/1
2816
571
20.28
316
154
33123 - Vote by Mail Reporting
2816
1269
45.06
832
299
33125 TEMECULA/1
2148
502
23.37
292
123
33125 - Vote by Mail Reporting
2148
998
46.46
634
235
33129 TEMECULA/1
1514
293
19.35
179
53
33129 - Vote by Mail Reporting
1514
815
53.83
539
170
33132 TEMECULA/1
0
0
0.00
0
0
33132 - Vote by Mail Reporting
0
0
0.00
0
0
33133 TEMECULA/1
0
0
0.00
0
0
33133 - Vote by Mail Reporting
0
0
0.00
0
0
33134 TEMECULA/1
1
0
0.00
0
0
33134 - Vote by Mail Reporting
1
1
100.00
""""""'
Insufficient
Tumout
to
Protect Voter
Privacy
'""""'
Precinct Totals
11044
2365
21.41
1321
586
Vote by Mail Reporting Totals
11044
5127
46.42
3208
1285
Grand Totals
11044
7492
67.84
4529
1871
Riverside County
11044
7492
67.84
4529
1871
42nd Congressional District
1
1
100.00
"""""" Insufficient Tumout to Protect Voter Privacy """"
50th Congressional District
11043
7491
67.83
4529
1871
28th Senatorial District
11044
7492
67.84
4529
1871
75th Assembly District
11044
7492
67.84
4529
1871
St Bd of Equalization 4th Dist
11044
7492
67.84
4529
1871
3rd Supervisorial District
11044
7492
67.84
4529
1871
City of Temecula
11044
7492
67.84
4529
1871
12/07/18 4:59 AM
November 6,2018
RIVERSIDE COUNTY Statement of Vote
CONSOLIDATED GENERAL ELECTION
1212 of 1695
100126
NO PARTY PREFERENCE CITY OF TEMECULA, COUNCIL DISTRICT 3
Registration
Ballots Cast
0
0
0
ADAM JOSHUA RIDEAU
MICHAEL "KAIZEN"
MCCRACKEN
MARYANN EDWARDS
!-
33301 TEMECULA/3
1691
409
24.19
99
79
146
33301 - Vote by Mail Reporting
1691
793
46.90
212
178
301
33306 TEMECULA/3
1376
331
24.06
87
62
126
33306 - Vote by Mail Reporting
1376
741
53.85
228
150
275
33309 TEMECULA/3
2091
489
23.39
129
133
132
33309 - Vote by Mail Reporting
2091
959
45.86
247
271
314
33311 TEMECULA/3
1562
366
23.43
76
106
117
33311 - Vote by Mail Reporting
1562
753
48.21
178
237
248
33314 TEMECULA/3
2180
535
24.54
140
115
189
33314 - Vote by Mail Reporting
2180
993
45.55
215
264
358
33317 TEMECULA/3
2256
570
25.27
153
111
174
33317 - Vote by Mail Reporting
2256
1037
45.97
259
226
399
Precinct Totals
11156
2700
24.20
684
606
884
Vote by Mail Reporting Totals
11156
5276
47.29
1339
1326
1895
Grand Totals
11156
7976
71.50
2023
1932
2779
Riverside County
11156
7976
71.50
2023
1932
2779
50th Congressional District
11156
7976
71.50
2023
1932
2779
28th Senatorial District
11156
7976
71.50
2023
1932
2779
75th Assembly District
11156
7976
71.50
2023
1932
2779
St Bd of Equalization 4th Dist
11156
7976
71.50
2023
1932
2779
3rd Supervisorial District
11156
7976
71.50
2023
1932
2779
City of Temecula
11156
7976
71.50
2023
1932
2779
12/07/18 4:59 AM
November 6,2018
RIVERSIDE COUNTY Statement of Vote
CONSOLIDATED GENERAL ELECTION
1213 of 1695
100127
NO PARTY PREFERENCE CITY OF TEMECULA, COUNCIL DISTRICT 5
Registration
H
es
Turnout (%)
MARTHA ANGELICA HOWAR
ZAK SCHWANK
0
.13O
A
CO
33500 TEMECULA/5
0
0
0.00
0
0
33500 - Vote by Mail Reporting
0
0
0.00
0
0
33501 TEMECULA/5
2541
469
18.46
162
176
33501 - Vote by Mail Reporting
2541
1030
40.54
437
425
33502 TEMECULA/5
2746
593
21.60
169
289
33502 - Vote by Mail Reporting
2746
1246
45.38
375
680
33504 TEMECULA/5
1026
212
20.66
93
80
33504 - Vote by Mail Reporting
1026
456
44.44
207
168
33508 TEMECULA/5
1129
287
25.42
93
123
33508 - Vote by Mail Reporting
1129
499
44.20
202
228
33511 TEMECULA/5
1637
369
22.54
131
125
33511 - Vote by Mail Reporting
1637
668
40.81
286
269
Precinct Totals
9079
1930
21.26
648
793
Vote by Mail Reporting Totals
9079
3899
42.95
1507
1770
Grand Totals
9079
5829
64.20
2155
2563
Riverside County
9079
5829
64.20
2155
2563
42nd Congressional District
3772
2507
66.46
844
1217
50th Congressional District
5307
3322
62.60
1311
1346
28th Senatorial District
9079
5829
64.20
2155
2563
75th Assembly District
9079
5829
64.20
2155
2563
St Bd of Equalization 4th Dist
9079
5829
64.20
2155
2563
3rd Supervisorial District
9079
5829
64.20
2155
2563
City of Temecula
9079
5829
64.20
2155
2563
Item No. 18
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl. Legislative Director/City Clerk
DATE: December 11, 2018
SUBJECT: Appoint the Mayor and Mayor Pro Tem for Calendar Year 2019
PREPARED BY: Randi Johl, Legislative Director/City Clerk
RECOMMENDATION: That the City Council:
1. Appoint the Mayor, effective January 1, 2019, to preside until December 31,
2019;
2. Appoint the Mayor Pro Tem, effective January 1, 2019, to hold this office until
December 31, 2019.
BACKGROUND: The City Council appoints a member to serve as Mayor and Mayor
Pro Tem annually. These appointments are effective January 1, 2019. The newly appointed
Mayor and Mayor Pro Tem will preside through calendar year 2019.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 19
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Randi Johl, Legislative Director/City Clerk
DATE: December 11, 2018
SUBJECT: Appoint the President and Vice -President of the Temecula Community Services
District for Calendar Year 2019
PREPARED BY: Randi Johl, Legislative Director/City Clerk
RECOMMENDATION: That the Board of Directors:
1. Appoint the President, effective January 1, 2019, to preside until December 31,
2019;
2. Appoint the Vice -President, effective January 1, 2019, to hold this office until
December 31, 2019.
BACKGROUND: The Temecula Community Services District Board of Directors
appoints a member to serve as President and Vice -President annually. These appointments are
effective January 1, 2019. The newly appointed President and Vice -President will preside
through calendar year 2019.
FISCAL IMPACT: None
ATTACHMENTS: None
REQUESTS TO SPEAK
AND
DOCUMENTS SUBMITTED
FOR THE RECORD
'F" 'e REQUEST TO SPEAK
pq CITY OF TEMECULA
•
1989
Date:
I wish to speak on:
Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA
Subject:
Agenda 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: 'D Phone Number:
Address:
Email address:
If you are representing an organization or group, please give the name: r 5
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
!f, ij 410' . CITY OF TEMECULA
1989 ` /07 // �/J /g
Date: 111 ��✓✓
I wish to speak on:
Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA
Subject:
Agenda 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: 4/t6/ /�CGf�Y Phone Number: !/.
Address: i! �� �_
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.
/,��°"F^'F'e REQUEST TO SPEAK
j p_ *. CITY OF TEMECULA
',,, 1989
Date: Nil 1 ig
I wish to s on:
Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA
Subject: TTV)i-e v 1 C 012S h eie ( pi v"l ea 44.WV/
Agenda 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: `�e,dl 3(aviCavdl t Phone Number:
Address: ��I4 j( G w(<
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.
�°F'�M1'F�•;� REQUEST TO SPEAK
p ijaLOP CITY OF TEMECULA
1989 ..�. I L/ I Ill
Date:
I wish to speak on:
Vi Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA
Subject: iliveviC6p<
Agenda 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. C (,
Address: (, lI4it t t i _
Email address:
If you are representing an or anization or group, please give the name:
/t��e )" t 0 ji�SC
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
fr•4°"F'"( REQUEST TO SPEAK
Op* , CITY OF TEMECULA
1989 ,: f`� l
Date: I / i
I wish to speak on:
/,Public Comment Circle One:(CITY COUNC3'/CSD/SARDA/THA/TPFA
Subject l�V'•P ,l-C(,I0(Z O W! DV i (no deru o a Ir$2 z iVlV1 F►��-o ,0-b Mflv�ris
�J merwpv'Ict
`
Agenda Item Na. For Against �-2 l-J f C
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 rec• d.
Name: — �; ,"- La ,.kai b£l 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.
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Subject: FW: 12/11 Agenda - Truax Related Items
From: albia miller<
Sent:Tuesday, December 11, 2018 2:57 PM
To: Matthew Rahn < ; Randi Johl <randi.johl@temeculaca.gov>
Subject:
Dear Temecula
What do you mean you are adding more rooms to a hotel that may never be filled when
8.1 your own City Council rooms aren't filled and Trauxs building isn't filled and what you
removed the 6th floor and now you are talking about extending elevation. That is a new
ploy by developers: Give the people an inch, and , then, just come in and change it
back. We didn't want any of it and furthermore,we wanted the Butterfield Square.
People should park North or South and walk over to the Old Town or you provide shuttles
not trying to swing in and possible fender bender. Don't want 300 parking spaces.
albia miller
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SECOND AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND AMONG THE CITY OF TEMECULA, SUCCESSOR
AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY,
AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC
CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY
LOCATED ON MAIN STREET WEST OF MERCEDES STREET
1
9 Approve a Modification to the Truax Hotel Project and Adopt Addendum to the Originally
Prepared Subsequent Environmental Impact Report(SEIR)(Planning Application
No. PA 18-1463)
RECOMMENDATION:
9.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING AN ADDENDUM TO A PREVIOUSLY
CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT FOR THE PREVIOUSLY APPROVED TRUAX HOTEL
PROJECT AND APPROVING A MODIFICATION
APPLICATION FOR THE TRUAX HOTEL CONSISTING OF
THE ADDITION OF THIRTY-FOUR GUEST ROOMS,VARIOUS
EXTERIOR ELEVATION REVISIONS, AND THE ADDITION
OF THREE-HUNDRED PARKING SPACES VIA AN
AUTOMATED PARKING SYSTEM GENERALLY LOCATED
ON THE NORTH AND SOUTH SIDES OF 3RD STREET
BETWEEN OLD TOWN FRONT STREET AND MERCEDES
STREET (APNS 922-043-002, 922-043-004, 922-043-018, 922-043-
024,922-043-003,
922-043-015,922-043-023, 922-043-025, 922-044-017,AND 922-044-
020)
2