Temecula City Council
January 25, 2022

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II].

AGENDA

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
JANUARY 25, 2022 - 7:00 PM
CLOSED SESSION - 6:00 P.M.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of an approximate 52,092 square foot area in fee (Project Parcel 24624-1) from and the owner's interest in the billboard and ground lease in connection with the billboard on the real property located on the vacant real property located on the east side of 1-15/1-215 and on the west side of Jackson Avenue in the City of Murrieta, California, and identified as APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, and 910-060-015 in connection with the I-15/French Valley Parkway Improvements - Phase II. The negotiating parties are the City of Temecula and the property owner, Larchmont Park, LLC, a California limited liability company. Negotiators for the City are Patrick Thomas and Kendra Hannah-Meistrell.

Under negotiations are price and terms for the acquisition of the above -described subject property interests.

CALL TO ORDER: Mayor Matt Rahn
PRELUDE MUSIC: Susan Miyamoto
INVOCATION: Marti Treckman of Grace Presbyterian Church FLAG SALUTE: Mayor Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

PRESENTATIONS
Presentation by Connie Stopher, Economic Development Coalition Executive Director Presentation by Robb Grantham, Rancho California Water District General Manager

BOARD / COMMISSION REPORTS
Planning Commission

PUBLIC SAFETY REPORT
California Department of Forestry and Fire Protection (CAL FIRE)

City Council Agenda January 25, 2022

PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports.

CONSENT CALENDAR
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. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

1. Waive Reading of Standard Ordinances and Resolutions 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.

Attachments: Agenda Report

2. Approve Action Minutes of January 18, 2022
Recommendation:

Attachments:

That the City Council approve the action minutes of January 18, 2022.

Action Minutes

3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

City Council Agenda January 25, 2022

4. 5.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A
Attachments: Agenda Report
Resolution
List of Demands
Authorize the Submittal of an Application to the Department of Resources Recycling and Recovery (CalRecycle) for Funding from the SB 1383 Local Assistance Grant Program Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO AUTHORIZE THE SUBMITTAL OF AN

APPLICATION TO THE DEPARTMENT OF RESOURCES

RECYCLING AND RECOVERY (CALRECYCLE) FOR FUNDING
FROM THE SB1383 LOCAL ASSISTANCE GRANT PROGRAM
Attachments: Agenda Report
Resolution
Approve Purchase and Sale Agreement for Acquisition of Certain Property Interests and Loss of Ground Lease Rent and Interests for Billboard on Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, 910-060-015 in Connection with I-15/French Valley Parkway Improvements - Phase H, PW 16-01
Recommendation: That the City Council take the following actions:

1. Adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE

AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN

THE CITY OF TEMECULA AND LARCHMONT PARK, LLC IN
CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY
IMPROVEMENTS — PHASE II (PORTIONS OF APN'S 910-020-077, 910-060-002, 910-060-003, 910-060-009, 910-060-015)

2. Authorize the City Manager to approve and execute all necessary

City Council Agenda January 25, 2022

6. 7.
documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 52,090 square foot fee area from and the loss of ground lease rent and interests of owners in and to the billboard on the real property located on the vacant real property located on the west side of Jackson Avenue in the City of Murrieta, California, and identified as APN's 910-020-077, 910-060-002, 910-060-003, 910-060-009, 910-060-015.

Attachments: Agenda Report
Resolution
Purchase and Sale Agreement
Property Location
Project Description
Project Location
Approve First Amended and Restated Term Sheet with United States Department of Transportation for I-I5/French Valley Parkway Improvements - Phase II, PW 16-01 Recommendation: That the City Council approve the First Amended and Restated Term Sheet with the United States Department of Transportation for I-I5/French Valley Parkway Improvements - Phase II, PW 16-01.

Attachments: Agenda Report
First Amended and Restated Term Sheet
Project Description
Project Location
Accept Improvements and File the Notice of Completion for Pavement Rehabilitation Program - CiWyide - West Side Business Park Area, PW 19-17
Recommendation: That the City Council:

1. Accept the improvements for the Pavement Rehabilitation Program Citywide - West Side Business Park Area, PW 19-17, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and

3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed.

Attachments: Agenda Report
Notice of Completion
Maintenance Bond
Contractor's Affidavit and Final Release

City Council
Agenda January 25, 2022

8. Accept Improvements and File the Notice of Completion for ADA Compliance for Pavement Rehab Projzram - West Side Business Park Area, PW20-08
Recommendation: That the City Council:

1. Accept the improvements for the ADA Compliance for Pavement Rehab Program - West Side Business Park Area, PW20-08, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and

3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed.

Attachments: Agenda Report
Notice of Completion
Maintenance Bond
Contractor's Affidavit and Final Release

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/OR THE

TEMECULA PUBLIC FINANCING AUTHORITY

City Council Agenda January 25, 2022

TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

CSD CONSENT CALENDAR
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 Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

9. Approve Action Minutes of January 18, 2022
Recommendation: That the Board of Directors approve the action minutes of January 18, 2022.

Attachments: Action Minutes

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

City Council
Agenda January 25, 2022

CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, February 8, 2022, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

City Council Agenda January 25, 2022

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY
CALL TO ORDER: Chair Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

SARDA PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

SARDA CONSENT CALENDAR
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 Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

10. Approve Action Minutes of January 18, 2022
Recommendation: That the Board of Directors approve the action minutes of January 18, 2022.

Attachments: Action Minutes

SARDA EXECUTIVE DIRECTOR REPORT

SARDA BOARD OF DIRECTOR REPORTS

City Council
Agenda January 25, 2022

SARDA ADJOURNMENT
The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, February 8, 2022, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

TEMECULA HOUSING AUTHORITY - NO MEETING

TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING

City Council Agenda January 25, 2022

RECONVENE TEMECULA CITY COUNCIL

PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. For all Public Hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At Public Hearings involving land use matters the property owner or the applicant/property owner has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation and an additional 10 minutes for rebuttal by its development team following other comments on the matter. The Mayor may allow more time if required to provide due process for the property owner or applicant. An appellant, other than the property owner or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the Public Hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the appellant. All other members of the public may speak during the Public Hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event there is a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

11. Conduct a Public Hearing for the Purposes of Redistricting in the City of Temecula Recommendation: That the City Council conduct the third of four public hearings for the purposes of redistricting in the City of Temecula.

Attachments: Agenda Report
Presentation
Draft Maps

12. Adopt Ordinance Amendiniz Title 15 and Title 17 of the Temecula Municipal Code Pertaininii to (1) Large Family Daycare Homes, (2) Clarify the Standards that Apply to Senior Housings Transitional Housing„ Supportive Housing Emergency Shelters, Trash Enclosures, Self -Storage or Mini -Warehouse Facilities and to Projects Using the Affordable Housing Overlay Zone, (3) Establish Standards and Requirements for Dedications and Improvements for Developments Without a Subdivision, (4)Update Hose Development Impact Fees Can Be Used, (5) Clarify Where Artificial Turf Can Be Installed, and (6) Make Minor Typographical Edits and Finding the Ordinance to be Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061 (b)(3)
Recommendation: That the City Council introduce and read by title only an ordinance entitled:

City Council
Agenda January 25, 2022
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 15 AND 17 OF THE TEMECULA
MUNICIPAL CODE TO (1) COMPLY WITH STATE LAW CHANGES
TO LARGE FAMILY DAYCARE HOMES, (2) CLARIFY THE

STANDARDS THAT APPLY TO SENIOR HOUSING,

TRANSITIONAL HOUSING, SUPPORTIVE HOUSING,

EMERGENCY SHELTERS, TRASH ENCLOSURES, SELF -STORAGE

OR MINI -WAREHOUSE FACILITIES AND TO PROJECTS USING
THE AFFORDABLE HOUSING OVERLAY ZONE, (3) ESTABLISH

STANDARDS AND REQUIREMENTS FOR DEDICATIONS AND

IMPROVEMENTS FOR DEVELOPMENTS WITHOUT A
SUBDIVISION, (4) UPDATE HOW DEVELOPMENT IMPACT FEES
CAN BE USED, (5) CLARIFY WHERE ARTIFICIAL TURF CAN BE
INSTALLED, AND (6) MAKE MINOR TYPOGRAPHICAL EDITS

AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15061 (13)(3)
Attachments: Agenda Report
Ordinance
Planning Commission Agenda Report
Planning Commission Resolution No. 2021-41
Notice of Public Hearing
Notice of Exemption

13. Introduce an Ordinance Amending Title 17 (Zoning) of the Temecula Municipal Code to Revise the Multi -Family Definition and Require that Multi -Family and Mixed -Use Developments Comply with Objective Design Standards and Adopt Resolution to Establish Objective Design Standards for Multi -Family and Mixed -Use Development Consistent with State Housing aws Recommendation: That the City Council:

Introduce and read by title only an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 17 (ZONING) OF THE TEMECULA

MUNICIPAL CODE TO REVISE THE MULTI -FAMILY DEFINITION

AND REQUIRE THAT MULTI -FAMILY AND MIXED -USE

DEVELOPMENTS COMPLY WITH OBJECTIVE DESIGN

STANDARDS AND MAKE THE FINDING THAT THIS ORDINANCE

IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3) AND GOVERNMENT CODE SECTION

City Council Agenda January 25, 2022
Attachments

BUSINESS
65852.21(J) AND 66411.7(N) (LONG-RANGE PROJECT NO.

LR18-1684)

2. Adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ADOPTING OBJECTIVE DESIGN STANDARDS FOR

MULTI -FAMILY AND MIXED -USE DEVELOPMENTS
Agenda Report
Ordinance
Resolution
Obiective Design Standards for Multi-Familv and Mixed -Use Development "Exhibit A"
Notice of Public Hearing
Notice of Exemption
Planning Commission Agenda Report
Planning Commission Resolution No. 2021-40
Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected].

Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

14. Appoint Member to the Race, Equity, Diversity, and Inclusion Commission Recommendation: That the City Council appoint a member to the Race, Equity, Diversity, and Inclusion Commission.

Attachments: Agenda Report
Application Packet

DEPARTMENTAL REPORTS

15. Community Development Department Monthly Report
Attachments: Agenda Report
Planning Activity Report

City Council Agenda January 25, 2022

16. Police Department Monthly Report
Attachments: Agenda Report
Incident Summaries

17. Public Works Department Monthly Report
Attachments: Agenda Report
Project Status Report

ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject of the motion may occur. General discussion amongst the City Council on items listed under this section of the agenda shall be limited to 15 minutes.

Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54.

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, February 8, 2022, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

NOTICE TO THE PUBLIC
The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.

Item No. 1

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 25, 2022
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

SPECIAL MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
JANUARY 18, 2022 - 7:00 PM
CALL TO ORDER at 7:00 PM: Mayor Matt Rahn
PRELUDE MUSIC: Susan Miyamoto
INVOCATION: Sylvester Scott of Baha'is of Temecula
FLAG SALUTE: Mayor Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

PRESENTATIONS
Presentation Regarding Incoming/Outgoing Mayor and President Presentation Regarding Years of Service for Council Member James Stewart (5) and Commissioners Bradley Sullivan (5), Robert Carter (10) and Bob Hagel (15) Presentation of Proclamation for National Mentoring Month to Big Brothers and Big Sisters of Inland Empire

BOARD / COMMISSION REPORTS
Community Services Commission, Planning Commission, and Race, Equity, Diversity and Inclusion Commission

PUBLIC SAFETY REPORT
Riverside County Sheriffs Department

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council on non -agenda item(s):
• Bob Kowell • Julie Zulfiqar

PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) submitted an electronic comment on an agenda item(s):
• Rick Reiss (Item #13)

CITY COUNCIL REPORTS

CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (5-0): Motion Schwank, Second by Stewart. The vote reflected unanimous approval.

1. Waive Reading of Standard Ordinances and Resolutions 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.

2. Approve Action Minutes of December 14, 2021
Recommendation: That the City Council approve the action minutes of December 14, 2021.

3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

4. Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar Year 2022
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING REVISIONS TO THE ESTABLISHED

CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY

AMENDING AND RESTATING THE RECORDS RETENTION

POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN

RECORDS

5. Approve Annual Legislative Platform for Calendar Year 2022 Recommendation: That the City Council approve the annual legislative platform for calendar year 2022.

6. Annrove Annual Boards and Commissions Handbook for Calendar Year 2022 2 Recommendation: That the City Council approve the annual boards and commissions handbook for calendar year 2022.

7. Approve Second Amendment to the Agreement with Placeworks Inc. for the Creation of Objective Design Standards
Recommendation: That the City Council approve the second amendment to the agreement for consultant services with Placeworks Inc., in the amount of $3,000, for Fiscal Year 2021-2022.

8. Adoat Resolution Annrovina Purchase and Sale Agreement for the Purchase of an Approximate 325 Square Foot Permanent Easement on the Real Property Located South of Nicolas Road and West of Butterfield Stage Road (APN's 957-130-003 and 957-130-013) in Connection with Drainage, Flood Control, and Flood Channel Improvements Along the Santa Gertrudis Creek
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THAT CERTAIN PURCHASE AND

SALE AGREEMENT, SETTLEMENT AGREEMENT, GENERAL

RELEASE, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE
CITY OF TEMECULA AND 3270 W. LINCOLN LLC (RIVERSIDE
COUNTY TAX ASSESSOR'S PARCEL NUMBERS 957-130-003
AND 957-130-013)

9. Establish All -Way Stop Control at the Intersection of Roripaugh Road and Swallow Court Recommendation:

RECESS:

That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT

THE INTERSECTION OF RORIPAUGH ROAD AND SWALLOW

COURT AND FINDING THAT THE ACTION IS EXEMPT FROM
CEQA UNDER SECTION 15301(c) OF THE CEQA GUIDELINES
At 7:37 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Successor Agency of the Temecula Redevelopment Agency. At 7:41 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

BUSINESS

12. Consider Appointments to City Council Committees for Calendar Year 2022 Recommendation:

That the City Council appoint members to serve on committees for calendar year 2022 and approve related City Council Committee Appointments List.

Approved the Staff Recommendation (5-0): Motion Stewart, Second by Schwank. The vote reflected unanimous approval.

13. Consider State and Federal Legislative Mandates (At the Request of Mayor Rahn) Recommendation: That the City Council consider state and federal legislative mandates and provide general direction regarding the same.

Approved the Staff Recommendation (5-0): Motion Schwank, Second by Edwards. The vote reflected unanimous approval. City Council provided general direction regarding the same.

DEPARTMENTAL REPORTS — Receive and File

14. Police Department Monthly Report

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ITEMS FOR FUTURE CITY COUNCIL AGENDAS
A. Recognition for Supervisor Chuck Washington (At the Request of Mayor Pro Tempore Schwank) Council Approved (5-0): Motion Edwards, Second by Alexander. The vote reflected unanimous approval.

B. Medal of Bravery for Extraordinary Courage (At the Request of Council Member Alexander) Council Approved (5-0): Motion Stewart, Second by Edwards. The vote reflected unanimous approval.

C. Term Limits for City Council Members (At the Request of Council Member Alexander) Council Approved (5-0): Motion Alexander, Second by Stewart. The vote reflected unanimous approval.
4 ADJOURNMENT
At 9:00 PM, the City Council meeting was formally adjourned to Tuesday, January 25, 2022, 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
Peg Moore
Matt Rahn, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

Item No. 3

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: January 25, 2022
SUBJECT: Approve the List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician I
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-

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.2022-

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 $4,392,936.43.

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 25th day of January 2022.

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. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of January, 2022, 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
01/06/2022 TOTAL CHECK RUN:
01/06/2022 TOTAL PAYROLL RUN:
$3,773,224.48
619,711.95
TOTAL LIST OF DEMANDS FOR 1/25/2022 COUNCIL MEETING: $ 4,392,936.43

CITY OF TEMECULA

LIST OF DEMANDS
DISBURSEMENTS BY FUND:

CHECKS:
001

GENERAL FUND
$ 3,091,066.65
125

PEG PUBLIC EDUCATION & GOVERNMENT
3,090.63
140

COMMUNITY DEV BLOCK GRANT
4,237.49
165

AFFORDABLE HOUSING
4,655.38
190

TEMECULA COMMUNITY SERVICES DISTRICT
226,991.76
194

TCSD SERVICE LEVEL D REFUSE RECYCLING
933.00
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
4,780.15
197

TEMECULA LIBRARY FUND
16,577.60
210

CAPITAL IMPROVEMENT PROJECTS FUND
224,398.80
300

INSURANCE FUND
2,378.55
305

WORKERS' COMPENSATION
9,429.43
320

INFORMATION TECHNOLOGY
86,213.98
330

SUPPORT SERVICES
4,973.56
340

FACILITIES
17,416.06
472
CFD 01-2 HARVESTON A&B DEBT SERVICE

34.44 473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND

34.44 475
CFD03-3 WOLF CREEK DEBT SERVICE FUND
103.05
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND

34.44 477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
103.22
478
CFD 16-01 RORIPAUGH PHASE II

68.82 501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
2,350.00
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
1,450.62
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
1,650.62
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
326.54
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
1,500.61
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
750.61
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
500.05
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
5,908.02
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA

75.05 510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
250.61
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW

62.55 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
3,654.11
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP.
1,165.80
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
450.05
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
400.05
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
965.80
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA

70.88 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
3,892.47
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
2,629.43
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
5,808.15
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
10,052.18
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
162.55
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
226.42
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
5,854.46
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
4,081.68
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION

62.55 527
SERVICE LEVEL"C"ZONE 27 AVONDALE
250.62
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
9,130.46
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
100.09
700
CERBT CALIFORNIA EE RETIREE-GASB45
11,920.00
$ 3,773,224.48

CITY OF TEMECULA

LIST OF DEMANDS
PAYROLL:
001
GENERAL FUND $
325,790.48
140

COMMUNITY DEV BLOCK GRANT
496.53
165

AFFORDABLE HOUSING
4,142.18
190

TEMECULA COMMUNITY SERVICES DISTRICT
141,296.28
194

TCSD SERVICE LEVEL D REFUSE RECYCLING
1,398.16
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
583.13
197

TEMECULA LIBRARY FUND
3,752.80
300

INSURANCE FUND
2,526.28
305

WORKERS' COMPENSATION
2,184.26
320

INFORMATION TECHNOLOGY
53,632.90
330

SUPPORT SERVICES
5,319.37
340

FACILITIES
8,856.48
472
CFD 01-2 HARVESTON A&B DEBT SERVICE

31.83 473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND

31.83 475
CFD03-3 WOLF CREEK DEBT SERVICE FUND

95.61 476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND

31.83 477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND

95.53 478
CFD 16-01 RORIPAUGH PHASE 11

63.68 501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD

0.05 502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK

0.56 503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS

0.56 504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS

0.56 505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES

0.56 506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY

0.56 507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW

0.05 508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
291.21
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA

0.05 510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE

0.56 511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW

0.05 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
145.53
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP.

14.54 514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES

0.05 515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES

0.05 516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS

14.54 517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA

0.05 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS

87.30 519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
122.28
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
291.14
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
553.38
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE

0.05 523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN

0.86 524
SERVICE LEVEL"C"ZONE 24 HARVESTON
232.97
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS

29.04 526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION

0.05 527
SERVICE LEVEL"C"ZONE 27 AVONDALE

0.56 528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
582.49
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
(0.06)
700
CERBT CALIFORNIA EE RETIREE-GASB45
67,013.20
$ 619,711.95
TOTAL BY FUND: $ 4,392,936.43

apChkLst Final Check List Page: 1
01/04/2022 3:05:57PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
Description
207725
1/6/2022 009980

SANBORN GWYNETH A, CO
COUNTRY LIVE! @ THE MERC 12/04

TEMECULA MUSIC ACADEMY
207726
1/6/2022 006887

UNION BANK OF CALIFORNIA
002185

US POSTAL SERVICE
Void Check
Amount Paid Check Total
990.00 990.00

0.00 0.00
Grand total for UNION BANK: $990.00
Page:1

apChkLst
01/04/2022
3:05:57PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
501593
1/6/2022
013015

ALWAYS RELIABLE
BACKFLOW TESTING: FACILITIES
189.00

BACKFLOW, AKA NANETTE
SEMAN
BACKFLOW TESTING: FACILITIES
324.00
BACKFLOW TESTING: FACILITIES
648.00
1,161.00
501594
1/6/2022
004240

AMERICAN FORENSIC NURSES
JAN STAND BY FEE: POLICE
1,379.17
1,379.17
AFN
501595
1/6/2022
013950

AQUA CHILL OF SAN DIEGO
DEC DRINKING WTR SYS MAINT: PW

28.28 28.28
501596
1/6/2022
021400

AYERS ELECTRIC INC
ELECTRICAL REPAIRS: OLD TOWN
200.00
MAINT
ELECTRICAL LABOR/INSTALL: PALOMAR
2,700.00
ELECTRICAL REPAIRS: IWTCM
2,850.00
ELECTRICAL REPAIRS: ICE RINK
450.00
6,200.00
501597
1/6/2022
018941

AZTEC LANDSCAPING INC
NOV MAINT SVCS: PARKS/SCHOOLS:
9,766.50
9,766.50
PW
501598
1/6/2022
021588

BRAUN PETER, DBA
DEC PLANTSCAPE SVCS: TPL
200.00
200.00

TEMECULA PLANTSCAPE
501599
1/6/2022
000442

COMPUTER ALERT SYSTEMS
ALARM SERVICE CALL: CIVIC CTR
310.00
JAN-MARALARM SYS MONITORING: VAF
6,765.00
ALARM SVC CALL: LIBRARY

80.00 7,155.00
501600
1/6/2022
010650

CRAFTSMEN PLUMBING &
PLUMBING REPAIR: CIVIC CTR
591.17

HVAC INC
PLUMBING SVCS: PARKS: PW
395.50
986.67
501601
1/6/2022
003945

DIAMOND ENVIRONMENTAL
TEMP FENCING: LONG CANYN CRK
1,392.68
1,392.68
SRVCS
PRK
Paget

apChkLst Final Check List Page: 3
01/04/2022 3:05:57PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
501602 1/6/2022 004192 DOWNS ENERGY FUEL
501603 1/6/2022 012217 DUDEK
501604 1/6/2022 019823 MERCHANTS BLDG MAINT LLC
501605 1/6/2022 004951 MIKE'S PRECISION WELDING
INC
501606 1/6/2022 004043 MISSION ELECTRIC SUPPLY
INC
501607 1/6/2022 004040 MORAMARCO ANTHONY J

DBA BIGFOOT GRAPHICS
501608 1/6/2022 002925 NAPAAUTO PARTS
(Continued)
Description
Amount Paid
Check Total
FUEL FOR CITY VEHICLES: TRAFFIC:
161.83
PW
FUEL FOR CITY VEHICLES: STREET MAI
968.72
FUEL FOR CITY VEHICLES: CIP: PW

81.47 FUEL FOR CITY VEHICLES: PARK MAINT
1,662.50
FUEL FOR CITY VEHICLES: TRAFFIC: PN
486.03
FUEL FOR CITY VEHICLES: CODE ENFOI

65.09 FUEL FOR CITY VEHICLES: BLDG INSPE
212.46
FUEL FOR CITY VEHICLES: ECO DEV

58.34 FUEL FOR CITY VEHICLES: EOC

93.80 FUEL FOR CITY VEHICLES: STREET MAI
1,284.15
FUEL FOR CITY VEHICLES: TRAFFIC: PN
415.34
FUEL FOR CITY VEHICLES: STREET MAI
1,021.69
FUEL FOR CITY VEHICLES: CIP: PW
112.13
FUEL FOR CITY VEHICLES: BLDG INSPE
197.18
FUEL FOR CITY VEHICLES: PARK MAINT
1,318.72
FUEL FOR CITY VEHICLES: LAND DEV: F

71.08 FUEL FOR CITY VEHICLES: LAND DEV: F
153.75
FUEL FOR CITY VEHICLES: PARK MAINT
1,983.35
FUEL FOR CITY VEHICLES: CIP
176.00
10,523.63
NOV CONSTRUCT MGMT SVCS:
16,896.10
FLOOD CNTRL 11-

URBAN FOREST MGMT PLAN & INVENT(
30,487.75
47,383.85
ENHANCED COVID CLEANING: CNCL
270.00

CHAMBERS
ENHANCED COVID CLEANING: FACILITIE
270.00
540.00
WELDING SVC: CRC POOL: PW

65.00 ON -CALL WELDING: PW PARKS
2,625.00
2,690.00
ELECTRICAL SUPPLIES: PARKS: PW
263.22
ELECTRICAL SUPPLIES: PW PARKS

24.01 ELECTRICAL SUPPLIES: PD STOREFROr

92.96 ELECTRICAL SUPPLIES: PD STOREFROr
574.23
ELECTRICAL SUPPLIES: PD STOREFROr
633.31
ELECTRICAL SUPPLIES: CHILDRENS ML

78.87 1,666.60
WINDOW PAINTING: SPEC EVENTS:
750.00
750.00
TCSD
MISC AUTO PARTS: STREET MAINT: 55.92 55.92
PW
Page:3

apChkLst Final Check List Page: 4
01/04/2022 3:05:57PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date Vendor
Description
Amount Paid Check Total
501610 1/6/2022 022599 NIEVES LANDSCAPE INC
IRRIGATION REPAIRS: DUCK POND

91.46 PARK
SOD INSTALLATION: DUCK POND
3,900.00
IRRIGATION REPAIRS: HARVESTON PAF

88.51 NOV LDSCP MAINT: PW SLOPES
58,553.00
NOV LDSCP MAINT: 1-15/79 LOOP
6,977.00
INSTALL LDSCP DRAIN: LONG CANYON
3,980.00
INSTALL GRANITE PATH: REDHAWK PRK
2,732.00
IRRIGATION REPAIRS: FIRE STATION 73
180.01
IRRIGATION REPAIRS: RIVERTON PARK
382.35
IRRIGATION REPAIRS: HARVESTON SLC
102.13
NOV LDSCP MAINT: PARKS/MEDIANS PV
54,150.00
NOV LDSCP MAINT: CITY FACS
10,150.00
IRRIGATION REPAIRS: RRSP
133.48
IRRIGATION REPAIRS: SADDLEWOOD
249.95
IRRIGATION REPAIRS: TEMEKU PARK
117.85
IRRIGATION REPAIRS: RRSP
329.17
Irrigation Repair: Pat Birdsall Sports
512.00
REPLACE PLANT MATERIAL: CIVIC CTR
1,590.00
INSTALL GRANITE: DUCK POND
1,870.00
LDSCP IMPROVEMENTS: SERENA HILLS
2,300.00 148,388.91
501611 1/6/2022 021121 OCCUPATIONAL HEALTH CTR
Medical Screenings: HR

65.00 65.00

OF CA, DBA CONCENTRA

MEDICAL CTR
501612 1/6/2022 021998 OLD TOWN TIRE AND SERVICE
VEH MAINT & REPAIR:PW STREET

48.69 INC
MAINT
VEHICLE REPAIRS: LAND DEV: PW
360.14
VEHICLE REPAIR/MAINT: PARK RANGER

43.43 VEHICLE REPAIR/MAINT: LAND DEV: PW

90.26 VEHICLE REPAIR/MAINT: CIP: PW

40.59 VEHICLE REPAIR/MAINT: LAND DEV: PW

71.24 VEHICLE REPAIR/MAINT: PARK RANGER

46.86 VEHICLE REPAIR/MAINT: FACILITIES: PV1

40.59 VEHICLE REPAIR/MAINT: BLDG & SAFET
100.98
VEHICLE REPAIR/MAINT: PARK RANGER
278.56
VEHICLE REPAIR/MAINT: PARK RANGER

70.21 VEHICLE REPAIR/MAINT: LAND DEV: PW
281.15
1,472.70
501613 1/6/2022 020544 PARKHOUSE TIRE SERVICE
TIRE SVC: PW STREETS
941.85
INC
TIRE SVC: STREET MAINT: PW
888.46
TIRE SERVICE: STREET MAINT: PW
4,033.37
5,863.68
501614 1/6/2022 004274 SAFE AND SECURE
LOCKSMITH SERVICES: PW: STREETS

85.10 LOCKSMITH SRVC
LOCKSMITH SVCS: TVE2
142.50
LOCKSMITH SVCS: TVM

52.19 LOCKSMITH SVCS: CIVIC CTR
228.41
508.20
Page:4

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Final Check List

CITY OF TEMECULA
Page: 5
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
501615
1/6/2022 021620

SIEMENS MOBILITY INC
STREET LIGHT: TRAFFIC MAINT: PW
9,516.23
REPLACE TRAFFIC POLE: PW TRAFFIC
6,635.56
16,151.79
501616
1/6/2022 006145

STENO SOLUTIONS
TRANSCRIPTION SVCS: TEM SHERIFF
128.16
128.16

TRANSCRIPTION, SRVCS INC
501617
1/6/2022 003730

WEST COAST ARBORISTS INC
TREE TRIMMING: RIGHT OF WAY: PW
11,970.00
11,970.00
Grand total for
EFT UNION BANK:
276,427.74
Page:5

apChkLst Final Check List Page: 6
01/04/2022 3:05:57PM CITY OF TEMECULA
26 checks in this report.

Grand Total All Checks: 277,417.74
Page6

apChkLst Final Check List Page: 1
01/06/2022 4:17:53PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
12407
12/29/2021
000246

PERS (EMPLOYEES'

PERS RETIREMENT PAYMENT

RETIREMENT)
12533
12/28/2021
010276

TIME WARNER CABLE
DECEMBER INTERNET SVCS 32380
DEER
12534
11/9/2021
006887

UNION BANK OF CALIFORNIA
002185

US POSTAL SERVICE
ZH POSTAGE STAMPS: POLICE DEPT
000515

TEMECULA VALLEY CHAMBER
ZH STATE OF THE CITY: POLICE

OF, COMMERCE
12537
12/23/2021
018858

FRONTIER CALIFORNIA INC
DEC INTERNET SVCS: DMV
12538
12/23/2021
018858

FRONTIER CALIFORNIA INC
DEC INTERNET SVCS: DMV
12539
12/27/2021
001212

SO CALIF GAS COMPANY
NOV 091-085-1632-0 41951 MORAGA
RD
12566
12/29/2021
010349

CALIF DEPT OF CHILD

SUPPORT PAYMENT

SUPPORT
12567
12/29/2021
000444

INSTATAX (EDD)

STATE TAX PAYMENT
12568
12/29/2021
000283

INSTATAX (IRS)

FEDERAL TAX PAYMENT
12569
12/29/2021
000389

NATIONWIDE RETIREMENT

OBRA- PROJECT RETIREMENT

SOLUTION

PAYMENT
12571
1/6/2022
010349

CALIF DEPT OF CHILD

SUPPORT PAYMENT

SUPPORT
12572
1/6/2022
017429

COBRAADVANTAGE INC, DBA

CHILD CARE REIMBURSEMENT FSA

THE ADVANTAGE GROUP

PAYMENT
12573
1/6/2022
021301

I C M A RETIREMENT -PLAN
ICMA- 401(A) RETIREMENT PLAN
106474

PAYMENT
12574
1/6/2022
000194

IC M A RETI REMENT-PLAN
ICMA-RC RETIREMENT TRUST457
303355

PAYMENT
12575
1/6/2022
000444

INSTATAX (EDD)

STATE DISABILITY INS PAYMENT
12576
1/6/2022
000283

INSTATAX (IRS)

FEDERAL TAX PAYMENT
Amount Paid Check Total
117,778.46 117,778.46
598.63 598.63

60.00 240.00
300.00
100.98
100.98
130.98
130.98
1,535.91
1,535.91

88.29 88.29
14,270.91
14,270.91
53,415.81
53,415.81
1,812.42
1,812.42
482.15
482.15
22,336.74
22,336.74
384.62
384.62
17,115.23
17,115.23
34,364.17
34,364.17
107,699.74
107,699.74
Page-1

apChkLst
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4:17:53PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
12577
1/6/2022
001065

NATIONWIDE RETIREMENT

NATIONWIDE RETIREMENT PAYMENT
13,497.25
13,497.25

SOLUTION
12578
1/6/2022
019088

NATIONWIDE RETIREMENT

NATIONWIDE LOAN REPAYMENT
344.39
344.39

SOLUTION

PAYMENT
12579
1/6/2022
000389

NATIONWIDE RETIREMENT

OBRA- PROJECT RETIREMENT
2,610.94
2,610.94

SOLUTION

PAYMENT
12580
1/6/2022
000245

PERS - HEALTH INSUR

PERS HEALTH PAYMENT
162,717.12
162,717.12

PREMIUM
207727
1/6/2022
003951

ALL AMERICAN ASPHALT
ASPHALT SUPPLIES: STREET MAINT:
207.54
PW
PARKING LOT BASE MATERIAL: OLD TO1
867.63
1,075.17
207728
1/6/2022
007282

AMAZON CAPITAL SERVICES
MISC OFC SUPPLIES: STREETS: PW

81.50 INC
MISC OFC SUPPLIES: HR

57.62 SMALL TOOLS & EQUIP: INFO TECH

92.37 STAND & SWITCH: MOBILE CART: INFO l
477.40
708.89
207729
1/6/2022
020691

ANN M HOWELL, DBAANN
GRAPHIC DSGN: CITYWIDE
2,909.00
2,909.00

HOWELL DESIGN

NEWSLETTER
207730
1/6/2022
004623

AQUA SOURCE INC
VARIOUS SUPPLIES: AQUATICS
2,446.88
2,446.88
207731
1/6/2022
007065

B&H PHOTO & ELECTRONICS
MISC AV EQUIPMENT. PEG SUPPLIES
118.26
CORP
MISC CABLES: MOBILE MEDIA CART PE(
420.37
MISC AV EQUIPMENT: PEG SUPPLIES
1,334.00
MISC AV EQUIPMENT: PEG SUPPLIES
149.46
2,022.09
207732
1/6/2022
011954

BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRPTL: TCSD

98.72 BOOK COLLECTIONS: RHRPTL: TCSD
134.82
BOOK COLLECTIONS: RHRPTL: TCSD

20.12 BOOK COLLECTIONS: RHRPTL: TCSD
180.92
BOOK COLLECTIONS: RHRPTL: TCSD
310.43
BOOK COLLECTIONS: RHRPTL: TCSD

41.09 BOOK COLLECTIONS: RHRPTL: TCSD
708.32
BOOK COLLECTIONS: RHRPTL: TCSD

16.84 BOOK COLLECTIONS: RHRPTL: TCSD

36.40 BOOK COLLECTIONS: RHRPTL: TCSD

6.35 BOOK COLLECTIONS: RHRPTL: TCSD

54.34 1,608.35
207733
1/6/2022
015592

BAMM PROMOTIONAL
LETTERMAN JACKET: RUSSO: TCSD

92.44 PRODUCTS INC
STAFF UNIFORMS: INFO TECH

78.23 170.67
207734
1/6/2022
001323

BLUETRITON BRANDS INC,
11/15-12/14 WTR DLVRY SVC: TVE2

51.85 DBA READYREFRESH
11 /11 -12/10 WTR DLVRY SVC: FOC
180.88
232.73
Paget

apChkLst Final Check List Page: 3
01/06/2022 4:17:53PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
207735 1/6/2022 003138 CAL MAT, DBAVULCAN

MATERIALS CO
207736 1/6/2022 005321 CALIF ASSOC OF CODE,

ENFORCEMENT OFFICERS
207737 1/6/2022 021851 CALIF NEWSPAPERS

PARTNERSHIP, DBA SO CALIF

NEWS GROUP
207738 1/6/2022 004462 CDW LLC, DBACDW

GOVERNMENT LLC
207739 1/6/2022 004837 CHERRY VLY FEED & PET
SUPPLY
207740 1/6/2022 016530 COMMUNITY MISSION OF
HOPE
(Continued)
Description
ASPHALT SUPPLIES: STREET MAINT:

PW
ASPHALT SUPPLIES: STREET MAINT: PV1
ASPHALT SUPPLIES: STREET MAINT: PV1
MEMBERSHIP RENEWAL: COLE, T
LEGAL PUBLICATIONS: CITY CLERK
OCT PUBLIC NTC AD: PLANNING
MISC SMALL TOOLS & EQUIP: INFO
TECH
ETHERNET SWITCHES: TRAFFIC
WIFI EXPANSION: FOC: INFO TECH
MISC SMALL TOOLS & EQUIP: INFO TECI
MISC SMALL TOOLS & EQUIP: INFO TECI
ADOBE RENEWAL: INFO TECH
MISC SMALL TOOLS & EQUIP: INFO TECI
K9 FOOD: TEM SHERIFF
CDBG REIMBURSEMENT. JUL - SEP'21
207741
1/6/2022
022709

COMPUTERSHARE

MRAP MORTGAGE GRANT RECIPIENT

MORTGAGE SRV INC,
1/3

SPECIALIZED LOAN SRV LLC
MRAP MORTGAGE GRANT RECIPIENT 2,
207742
1/6/2022
001264
COSTCO TEMECULA 491
PEG MOBILE MEDIA CART:

TELEVISION
207743
1/6/2022
005766

DATA BUSINESS SYSTEMS INC
2021 Tax Forms: Finance Dept
207744
1/6/2022
012600

DAVID EVANS AND
DSGN CONSULT SVCS: PICKLEBALL

ASSOCIATES INC
COURTS 21-
DSGN SVCS: RECYCLED WATER PROJE
207745
1/6/2022
022577

DELIRIUM MUSICUM
THEATER PERFORMANCE: 01/08/22
207746
1/6/2022
016839

EHS INTERNATIONAL INC
EMPLOYEE SAFETY PRGM: RISK
MGMT
EMPLOYEE SAFETY PRGM: RISK MGMT
207747
1/6/2022
021859

EXP US SERVICES INC
CONSULT SVCS: SANTAGERTRUDIS

CRK TRAIL
207748
1/6/2022
017432

EYEMED VISION CARE

VISION PLAN PAYMENT
Amount Paid
512.32
520.14
347.14

95.00 341.20
2,069.00
680.14
88,965.89
1,622.07
216.41
246.62
5,790.84
679.11
140.05
384.00
1,558.71
1,558.71
437.14
296.47
2,813.00
5,111.00
7,600.00
4,235.00
2,765.00
10,024.39
1,708.84
Check Total
1,379.60

95.00 2,410.20
98,201.08
140.05
384.00
3,117.42
437.14
296.47
7,924.00
7,600.00
7,000.00
10,024.39
1,708.84
Page:3

apChkLst Final Check List Page: 4
01/06/2022 4:17:53PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
207749
1/6/2022
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: PEG: LIFT GATE
207750
1/6/2022
003747

FINE ARTS NETWORK AKA
STTLMNT: NUTCRACKER BALLET

THEATRE, CO AND BALLET
12/17-12/23

THEATER
207751
1/6/2022
019016

FLEETCREW INC, DBA
DIESEL ENGINE FILTER CLEANING:

FLEETCREW
STREETS:

DIESEL ENGINE FILTER CLEANING: STREETS:
207752
1/6/2022
022726

FORENSIC NURSING OF
SART EXAM: TEM SHERIFF

SOCAL INC
207753
1/6/2022
002982

FRANCHISE TAX BOARD
KRACH, BREE - CASE# 603016103
207754
1/6/2022
014865

FREIZE UHLER KIMBERLY DBA,
RECOGNITION PROGRAM: HR

CLEAR BLUE PROMOTIONS
BLUE RIBBON COMMITTEE PADFOILIO: PLAN
207755
1/6/2022
019721

GOVCONNECTION INC
COMPUTER REPLACEMENT: INFO
TECH
HARD DRIVES: LIBRARY: INFO TECH
207756
1/6/2022
020725

GRANICUS LLC, DBA
ECOMMENT MODULE: INFO TECH

GRANICUS
Amount Paid Check Total
154.00
62,869.01
534.95
459.95
800.00
194.39
122.23
837.59
11, 078.30
3,541.99
1,485.48
207757
1/6/2022
003198

HOME DEPOT

REFUND DBL CREDIT TAKEN
229.23
207758
1/6/2022
017118

KRACH BREE B, DBA
RECOGNITION PRGM: EDWARDS, M.
239.25

TEMECULA TROPHY&DES
REMEMBRANCE BENCH: DUCK POND
777.56
CREDIT:
-194.39
ENGRAVING SVCS: TEAM PACE

40.78 207759
1/6/2022
019884

LEONIDA BUILDERS INC
STP NTC: RED HAWK SVCS: PW08-04
-184,672.73

SANTA GERTRUDIS CRK PEDESTRIAN EXT
265,810.67
STP NTC: RED HAWK SVCS: PW08-04
-63,489.10
207760
1/6/2022
010490

LISA SAPINKOPF ARTISTS, AKA
Theater Performance: JAN 8, 2022
1,900.00

LISA SAPINKOPF
207761
1/6/2022
003782

MAIN STREET SIGNS, DBA
MISC SUPPLIES: STREET MAINT: PW
337.25

ATHACO INC
CITY STREET SIGNAGE: STREET MAINT: PW
484.88
207763
1/6/2022
003076

MET LIFE INSURANCE

DENTAL HMO PAYMENT
14,559.13

COMPANY
207764
1/6/2022
020349

NETFILE INC
E-FILING SYSTEM: CITY CLERK
5,260.00
154.00
62,869.01
994.90
800.00
194.39
959.82
14,620.29
1,485.48
229.23
863.20
17,648.84
1,900.00
822.13
14,559.13
5,260.00
Page:4

apChkLst
01/06/2022
4:17:53PM
Final Check List

CITY OF TEMECULA
Page: 5
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
207765
1/6/2022
006140

NORTH JEFFERSON BUSINESS
ASSOCIATION: FRENCH VALLEY: PW:
560.64
PARK
CIP
ASSOCIATION: FRENCH VALLEY: PW: CII
707.93
ASSOCIATION: FRENCH VALLEY: PW: CII
681.01
ASSOCIATION: FRENCH VALLEY: PW: CII
521.05
2,470.63
207766
1/6/2022
003964

OFFICE DEPOT BUSINESS SVS
OFFICE SUPPLIES: CIP: PW

47.95 47.95
DIV
207767
1/6/2022
003663

PECHANGA BAND OF
NOV PROF SRVCS: S.GERTRUDIS
307.84
307.84

LUISENO, MISSION INDIANS
CRK, PW 08-0
207768
1/6/2022
010338

POOL AND ELECTRICAL,
VARIOUS SUPPLIES: AQUATICS
148.30
148.30

PRODUCTS INC
207769
1/6/2022
005820

PRE -PAID LEGAL SERVICES

PREPAID LEGAL SERVICES PAYMENT
191.35
191.35

INC, DBA LEGALSHIELD
207770
1/6/2022
005075

PRUDENTIAL OVERALL
12/14 CREDIT: UNIFORM RENTAL:
-122.60
SUPPLY
STREETS: P
12/14 UNIFORM RENTAL: PARKS: PW
186.19
12/2 FLOOR MATS/TOWEL RENTALS: CI\j

95.70 11/23 UNIFORM RENTAL: PARKS: PW

65.49 12/09 FLOOR MATS/TOWEL RENTALS: Cl

95.70 11/30 FLOOR MATS/TOWEL RENTALS: F(

9.70 UNIFORM SVCS: PW MAINT

51.24 UNIFORM SVCS: PARK MAINT

67.34 448.76
207771
1/6/2022
002012

R D O EQUIPMENT COMPANY
MISC EQUIPMENT PARTS: STREET
851.36
851.36
MAINT
207772
1/6/2022
000406

RIVERSIDE CO SHERIFFS
9/23-10/20 LAW ENFORCEMENT
2,587,093.71
2,587,093.71
DEPT
207773
1/6/2022
012984

ROTARY CLUB OF OLD TOWN
HOLIDAY DECOR: CIVIC CTR
640.00
640.00
207774
1/6/2022
015364

SEASIDE ICE LLC, DBA ICE
OUTDOOR SKATING RINK: TCSD
18,125.00
18,125.00

AMERICA
207775
1/6/2022
013376

SECURITY SIGNAL DEVICES
EMERGENCY REPAIRS: TPL
1,098.00

INC, SSD SYSTEMS
EMERGENCY REPAIRS: TPL
6,193.07
EMEGENCY MAINT SRVCS: LIBRARY
597.00
BATTERY REPLACEMENT: LIBRARY
2,141.52
10,029.59
207776
1/6/2022
015873
SESAC
BROADCAST MUSIC LIC FEE: OLD
2,430.00
2,430.00
TOWN: TCSD
207777
1/6/2022
013695
SHRED -IT US JV LLC, DBA:

DOCUMENT SHRED SVCS: POLICE
235.00

SHRED -IT USA LLC

SUBSTATIONS
11/17 DOC SHRED SVCS: POLICE

41.13 276.13
Page:5

apChkLst Final Check List Page: 6
01/06/2022 4:17:53PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
207778 1/6/2022 000519 SOUTH COUNTY PEST

CONTROL INC
207779 1/6/2022 019250 ST FRANCIS ELECTRIC LLC
(Continued)
Description
PEST CTRL SVCS: SENIOR CENTER
PEST CTRL SVCS: WEST WING
PEST CONTROL SRVCS: AQUATICS
PEST CTRL SVCS: DUCK POND
PEST CONTROL SVCS: MPSC: CIP: PW
PEST CTRL SVCS: CRC
PEST CTRL SVCS: MUSEUM AT SAM HIC
PEST CTRL SVCS: HARVESTON PARK
PEST CTRL SVCS: TCC
PEST CONTROL: FOC
PEST CTRL SVCS: TCC
PEST CTRL SVCS: MRC
PEST CTRL SVCS: TVE2
PEST CTRL SVCS: THEATER
PEST CTRL SVCS: HARVESTON PARK
PEST CONTROL: PW: PARKS
PEST CONTROL: PW: PARKS
PEST CTRL SVCS: LIBRARY
PEST CTRL SVCS: WOLF CREEK PARK
PEST CTRL SVCS: SAM HICKS
PEST CONTROL: PW PARKS
TRAFFIC SIGNAL MAINT: PW:

STREETS
207782
1/6/2022
007762

STANDARD INSURANCE

BASIC LIFE INSURANCE PAYMENT

COMPANY
207783
1/6/2022
012723

STANDARD INSURANCE

VOLUNTARY SUPP LIFE INSURANCE

COMPANY

PAYMENT
207784
1/6/2022
021120

STAR PRODUCTS LLC
IC RELEASE: STREET MAINTENANCE
207785
1/6/2022
008164

SUN CITY GRANITE INC
GRANITE STONE ENGRAVING: PARKS
207786
1/6/2022
010924

TAND D COMMUNICATIONS
GENERAL CABLING SERVICES: CIVIC
INC
CTR
207787
1/6/2022
001547
TEAMSTERS LOCAL 911

UNION MEMBERSHIP DUES PAYMENT
207788
1/6/2022
000306

TEMECULA VALLEY PIPE &
MISC SMALL TOOLS: STREET MAINT:

SUPPLY
PW
207789
1/6/2022
017415

TK ELEVATOR CORPORATION
EMERG ELEVATOR SRVCS: PRKG

STRUCTURE
EMERG ELEVATOR SVCS: PRKNG STRU
Amount Paid Check Total

29.00 40.00

59.00 49.00
9,650.00

90.00 42.00

94.00 299.00

52.00 246.00

70.00 56.00

90.00 95.00

70.00 94.00
180.00

49.00 94.00

94.00 4,950.00
9,662.64

1.323.31
1,019.14
3,420.00
1,132.65
5,058.22
556.80
531.38
226.12
11, 542.00
4,950.00
9,662.64
1,323.31
1,019.14
3,420.00
1,132.65
5,058.22
556.80
757.50
Page6

apChkLst Final Check List Page: 7
01/06/2022 4:17:53PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
207790 1/6/2022 022102 UNITED PARCEL SERVICES
INC
207791
1/6/2022
021957

US AIR CONDITIONING,

DISTRIBUTORS LLC
207792
1/6/2022
014486

VERIZON WIRELESS
207793
1/6/2022
022692

VERSA PRODUCTS INC
207794
1/6/2022
001890

VORTEX INDUSTRIES INC
207795
1/6/2022
020275

WALLACE & ASSOC

CONSULTING INC
(Continued)
Description
Amount Paid
Check Total
EXPRESS MAIL SRVCS: FINANCE

38.10 EXPRESS MAIL SRVCS: INFO TECH
133.09
EXPRESS MAIL SRVCS: GIS: INFO TECH

9.75 180.94
HVAC SUPPLIES: TVE2
237.29
237.29
11 /11 -12/10 TASK FORCE TABLETS
487.71
487.71
POLICE
ERGONOMIC EQUIPMENT: RISK MGMT
461.61
461.61
FRONT DOOR HARDWARE: MPSC
2,019.18
2,019.18
NOV CONSTRCTN MGMT SVCS: FIBER
3,100.00
3,100.00
OPTIC
Grand total for UNION BANK: 3,495,806.74
Page:?

apChkLst Final Check List Page: 8
01/06/2022 4:17:53PM CITY OF TEMECULA
86 checks in this report.

Grand Total All Checks: 3,495,806.74
Page:8

Item No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 25, 2022
SUBJECT: Authorize the Submittal of an Application to the Department of Resources Recycling and Recovery (CalRecycle) for Funding from the SB1383 Local Assistance Grant Program
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO AUTHORIZE THE SUBMITTAL OF AN

APPLICATION TO THE DEPARTMENT OF RESOURCES

RECYCLING AND RECOVERY (CALRECYCLE) FOR
FUNDING FROM THE SB1383 LOCAL ASSISTANCE GRANT

PROGRAM
BACKGROUND: On January 4, 2022, the Department of Resources Recycling and Recovery (CalRecycle) released the SB1383 Local Assistance Grant Program pursuant to Chapter 395, Statutes of 2016. This non-competitive grant program will provide one-time funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383.

In September 2016, Governor Edmund Brown Jr., set methane emissions reduction targets for California, under SB 1383 in a statewide effort to reduce emissions of short-lived climate pollutants to reduce organic waste disposal 50% by 2020 and 75% by 2025, and to implement an edible food recovery program to distribute at least 20% of currently disposed surplus food by 2025. Effective January 1, 2022, all jurisdictions will need to provide organic waste collection services to all residents and businesses and recycle these materials to generate biofuel, electricity or make soil amendments. Local governments must also meet certain procurement requirements to use recycled organic products, implement and monitor an edible food recovery program, provide inspection and enforcement, and maintain recordkeeping that demonstrates compliance with the law.

The SB1383 Local Assistance Grant Program will provide one-time funding to local jurisdictions based on a per capita calculation to assist with the implementation of SB1383 compliance measures. The City of Temecula is eligible to receive up to the funding estimate of $148,929.

Eligible activities include capacity planning, collection, edible food recovery, public education and outreach, enforcement and inspection, procurement requirements, record keeping, administration, consulting services, and personnel. Applicant must submit their applications by February 1, 2022, and are required to upload an authorizing Resolution to the Grants Management System (GMS) by or before March 1, 2022 to be considered for first round funding. Applicants must also identify the status of adopting an enforceable ordinance, pursuant to Section 18981.2 of Title 14 of the California Code of Regulations. CalRecycle will consider funding recommendations and conditionally approve grant awards on April 1, 2022 (tentatively).

FISCAL IMPACT: The requested program grant funds in the amount of $148,929 are due to be advanced to the local jurisdiction to offset the costs to perform and implement regulation requirements. Grant Program Funds will be programmed in the appropriate Annual Operating Budget (AOB) line items upon receipt. There is no fiscal impact to submit the application.

ATTACHMENTS: Resolution

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA TO AUTHORIZE THE SUBMITTAL OF AN

APPLICATION TO THE DEPARTMENT OF RESOURCES

RECYCLING AND RECOVERY (CALRECYCLE) FOR
FUNDING FROM THE SB1383 LOCAL ASSISTANCE

GRANT PROGRAM

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, Public Resources Code Sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, and are not limited to, an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temecula authorizes the submittal of an application to CalRecycle for the SB1383 Local Assistance Grant Program; and
BE IT FURTHER RESOLVED that the Director of Public Works/City Engineer, is hereby authorized and empowered to execute in the name of the City of Temecula all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant program or project; and BE IT FURTHER RESOLVED that these authorizations remain in effect from the date of adoption of this resolution, up to and including the grant term end date of September 2, 2024 to December 31, 2024, which may be necessary for the completion of the aforementioned project.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of January, 2022.

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. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of January, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 5

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 25, 2022
SUBJECT: Approve Purchase and Sale Agreement for Acquisition of Certain Property Interests and Loss of Ground Lease Rent and Interests for Billboard on Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, 910-060- 015 in Connection with I-15/French Valley Parkway Improvements — Phase II, PW16-01
PREPARED BY: Amer Attar, Engineering Manager
Kendra Hannah-Meistrell, Senior Civil Engineer
RECOMMENDATION: That the City Council take the following actions:

1. Adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THAT CERTAIN PURCHASE AND

SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS

BETWEEN THE CITY OF TEMECULA AND LARCHMONT
PARK, LLC IN CONNECTION WITH THE I-I5/FRENCH VALLEY
PARKWAY IMPROVEMENTS — PHASE II (PORTIONS OF APN'S
910-020-077, 910-060-002, 910-060-003, 910-060-009, 910-060-015)

2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 52,090 square foot fee area from and the loss of ground lease rent and interests of owners in and to the billboard on the real property located on the vacant real property located on the west side of Jackson Avenue in the City of Murrieta, California, and identified as APN's 910-020-077, 910-060-002, 910-060-003, 910-060-009, 910- 060-015.

BACKGROUND: The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to alleviate traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215. The Phase II project requires the acquisition of privately -owned lands to accommodate the proposed public improvements.

On May 28, 2019, the City Council adopted Resolution No. 19-30 approving a Cooperative Agreement, Agreement 08-1667, with Caltrans for the design of Phase II. Pursuant to Agreement 08-1667, City is the implementing agency for right of way and is responsible for acquisition of the property interests needed for Phase II. In addition, Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. Murrieta agreed that the City may acquire properties located in the City of Murrieta in connection with Phase II.

Phase II requires the acquisition in fee of an approximate 52,090 square foot portion ("Subject Fee Property") of that certain vacant real property located on the west side of Jackson Avenue near Fig Street in the City of Murrieta, California, and identified as APNs 910-020-077, 910-060-002, 910- 060-003, 910-060-009, 910-060-015 ("Larger Parcel") for public use, namely public street and highway purposes, retaining wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II. Larchmont Park, LLC, a California limited liability company is the record fee owners of said real property. A billboard structure is located on the property line of the parcel identified as APN 910-060-002 and will be affected by the construction of Phase II. The owners of the Larger Parcel receive rental income from the billboard's north advertising side based on a ground lease for said billboard.

Pursuant to Government Code Section 7267.2, on August 10, 2021, the City Council set just compensation for the approximate 52,090 square foot Subject Fee Property, the loss of ground lease rent for the affected billboard, and all interests of Larchmont Park, LLC in and to the subject billboard (collectively "Subject Property Interests") at the fair market value as determined by the City's independent appraiser based on an October 7, 2020 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Property Interests.

The City and its consultant, Overland, Pacific & Cutler, hand -delivered a written offer dated October 11, 2021 to Larchmont Park, LLC to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser.

The parties negotiated in good faith the City's purchase of the Subject Property Interests, including severance damages to the remainder portions of the Larger Parcel. As of December 14, 2021, the

parties had not reached an agreement for the City's purchase of the Subject Property Interests. On December 14, 2021, the City Council of the City of Temecula held a hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2021-70, A Resolution of the City Council of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Property Interests on APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015).

The parties resumed their negotiations after the City Council adopted Resolution No. 2021-70, and have reached an agreement on the terms of the City's purchase of the Subject Property Interests, subject to ratification by the City Council. The Purchase and Sale Agreement describes the details of the acquisition of the Subject Property Interests. It provides that the City Staff will present to the City Council for approval a Resolution rescinding Resolution No. 2021-70 within thirty (30) business days of the close of escrow.

During negotiations, Larchmont Park, LLC informed the City that BWTB Jackson Street, LLC has an unrecorded interest in and to an approximate 23,076 square foot portion of the 52,090 square foot Subject Fee Property located on APN 910-060-003 and an approximate 13,031 square foot portion of the 52,090 square foot Subject Fee Property located on APN 190-060-009. BTWB Jackson Street, LLC was involved in the negotiations.

The total purchase price the City will pay for the Subject Property Interests is the sum of $1,600,498.00 (One Million Six Hundred Thousand Four Hundred and Ninety Eight Dollars) ("Purchase Price") for the fair market value of the 52,090 square foot Subject Fee Property described in the Exhibits to the Purchase and Sale Agreement, the compensation for the impact of Phase II on the remainder portions of the Larger Parcel, impact of the acquisition of the 52,090 square foot Subject Fee Property and Phase II on the subject billboard, including loss of the ground lease rent in connection with said subject billboard, and any and all damages related thereto. The total Purchase Price reflects a negotiated agreement for the value of the of the 52,090 square foot Subject Fee Property for the total compensation of $781,350.00. The difference between the total Purchase Price of $1,600,498.00 and said $781,350.00 represents the compensation for all interests of Larchmont Park, LLC in and to the billboard impacted by Phase II, including the ground lease, loss of ground lease rent, and severance damages for the impact of Phase II and the acquisition of the Subject Property Interests. The Purchase and Sale Agreement provides that Larchmont Park, LLC is responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist in the Subject Fee Property, including any compensation due by Larchmont Park, LLC to BWTB Jackson Street, LLC in connection with any interest that BWTB Jackson Street, LLC may have in connection with any portions of the Larger Parcel.

BWTB Jackson Street, LLC will submit a Consent and Disclaimer of Interest into Escrow as part of this transaction. Accordingly, the Purchase Price represents the total all-inclusive just compensation for the Subject Property Interests, the compensation for the impact of Phase II on the remainder portions of the Larger Parcel, impact of the acquisition of the 52,090 square foot Subject Fee Property and Phase II on the subject billboard, including loss of the ground lease rent in connection with said subject billboard, and any and all damages related thereto.

The environmental effects of the acquisition of the Subject Property Interests were studied as an integral part of the Mitigated Negative Declaration approved for the I-15/French Valley Parkway

Improvements Project. The findings made by the City Council at its meeting on February 23, 2010 in approving the Mitigated Negative Declaration are the appropriate findings for the acquisition of the Subject Property Interests. A re -validation of the Mitigated Negative Declaration was approved on July 9, 2021. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Phase II project, including, but not limited to, the re -validation of the Mitigated Negative Declaration, the Mitigated Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report related to the approval of the Mitigated Negative Declaration. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Phase II project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

FISCAL IMPACT: The I-15/French Valley Parkway Improvements — Phase II project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-26.

The project is funded with Measure S, TUMF (WRCOG), TUMF (CETAP/RCTC), SAFETEA- LU, STIP, and INFRA Grant. The City will pay $1,600,498.00 for the City's purchase of the partial fee acquisition and the loss of lease rent for the billboard plus any escrow -related costs, which are not expected to exceed $15,000. Sufficient funds are available in the Project accounts.

ATTACHMENTS: 1. Resolution

2. Purchase and Sale Agreement with Exhibits
Exhibit "A" — Legal Description of Subject Fee Property (Caltrans Parcel 24624-1)
Exhibit `B" — Depiction of Subject Fee Property (Caltrans Parcel 24624-1)
Exhibit `B-1" — Rough Depiction of Subject Billboard
Impacted by Phase II
Exhibit "C" — Form of Grant Deed
Exhibit "D" — Form of Consent and Disclaimer of Interest of BWTB Jackson Street, LLC

3. Property Location

4. Project Description

5. Project Location

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA APPROVING THAT CERTAIN

PURCHASE AND SALE AGREEMENT AND JOINT

ESCROW INSTRUCTIONS BETWEEN CITY OF

TEMECULA AND LARCHMONT PARK, LLC IN
CONNECTION WITH THE I-15/FRENCH VALLEY

PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF
APN'S 910-020-077, 910-060-002, 910-060-003, 910-060-009, 910-060-015)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Findings.

A. The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to alleviate traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project (Project). City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215.

B. Larchmont Park, LLC, a California limited liability company is the record owner of that certain vacant real property located on the west side of Jackson Avenue in the City of Murrieta, California, and identified as Riverside County Tax Assessor's Parcel Number 910-020- 077, 910-060-002, 910-060-003, 910-060-009 and 910-060-015 ("Larger Parcel"). The Larger Parcel is approximately 209,944 square feet (4.82 acres) in size. The Larger Parcel is not improved with any buildings. An outdoor advertising structure/ billboard ("subject billboard") is located on the property line of the portion of the Larger Parcel identified as APN 910-060-002 that abuts the adjacent parcel identified as APN 910-060-004. Seller receives income from the subject billboard's north advertising side based on a ground lease dated December 19, 2006 between Lamar Advertising Company (successor to the interests of Lamar Companies) and Judith A. Blake.

Seller is the successor to the interests of Judith A. Blake in connection with said ground lease.

Said ground lease is a month -to -month lease and provides for a flat rent of $1,200 per month or $14,400 per year. APNs 910-020-077 and 910-060-002 are herein collectively called the "Northerly Parcels" and APNs 910-060-003 and 910-060-009 are herein collectively called the "Southerly Parcels".

C. Phase II is identified in the City's Capital Improvement Program Budget for Fiscal Years 2022-26.

D. On May 28, 2019, the City Council adopted Resolution No. 19-30 approving a Cooperative Agreement, Agreement 08-1667, with Caltrans for the design of Phase II. Pursuant to Agreement 08-1667, City is the implementing agency for right of way and is responsible for acquisition of the property interests needed for Phase II.

E. Phase 11 also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/1-15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase 11. Murrieta agreed and acknowledged that the City could acquire property located in the City of Murrieta. The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, Article 1, Section 19).

F. Phase II requires the acquisition in fee of an approximate 52,090 square foot portion of the Larger Parcel ("Subject Fee Property") for public use, namely public street and highway purposes, retaining wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase 11. The acquisition of the Subject Fee Property and construction of Phase II will impact the subject billboard and Larchmont Park LLC's interest in and to the ground lease in connection with the subject billboard. The approximate 52,090 square foot Subject Fee Property, the loss of ground lease rent for the affected billboard, and all interests of Larchmont Park, LLC in and to the subject billboard are referred to collectively as the "Subject Property Interests".

G. Pursuant to Government Code Section 7267.2, on August 10, 2021, the City Council set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraiser based on an October 7, 2020 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Property Interests.

H. The City and its consultant, Overland, Pacific & Cutler, hand -delivered a written offer dated October 11, 2021 to Larchmont Park, LLC to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser.

1. The parties negotiated in good faith the City's purchase of the Subject Property Interests, including severance damages to the remainder portions of the Larger Parcel. As of December 14, 2021, the parties had not reached an agreement for the City's purchase of the Subject Property Interests. Accordingly, based on the timing of Phase II and status of negotiations, on December 14, 2021, the City Council of the City of Temecula held a hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2021-70, A Resolution of the City Council of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in N

Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Property Interests on APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015).

J. The parties resumed their negotiations after the City Council adopted Resolution No. 2021-70, and have reached an agreement on the terms of the City's purchase of the Subject Property Interests, subject to ratification by the City Council. The Purchase and Sale Agreement describes the details of the acquisition of the Subject Property Interests. It provides that the City Staff will present to the City Council for approval a Resolution rescinding Resolution No. 2021- 70 within thirty (30) business days of the close of escrow.

K. The total purchase price the City will pay for the Subject Property Interests is the sum of $1,600,498.00 (One Million Six Hundred Thousand Four Hundred and Ninety Eight Dollars) ("Purchase Price") for the fair market value of the 52,090 square foot Subject Fee Property described in the Exhibits to the Purchase and Sale Agreement, the compensation for the impact of Phase II on the remainder portions of the Larger Parcel, impact of the acquisition of the 52,090 square foot Subject Fee Property and Phase II on the subject billboard, including loss of the ground lease rent in connection with said subject billboard, and any and all damages related thereto. The total Purchase Price reflects a negotiated agreement for the value of the of the 52,090 square foot Subject Fee Property for the total compensation of $781,350.00. The difference between the total Purchase Price of $1,600,498.00 and said $781,350.00 represents the compensation for all interests of Larchmont Park, LLC in and to the billboard impacted by Phase II, including the ground lease, loss of ground lease rent, and severance damages for the impact of Phase II and the acquisition of the Subject Property Interests. The Purchase and Sale Agreement provides that Larchmont Park, LLC is responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist in the Subject Fee Property, including any compensation due by Larchmont Park, LLC to BWTB Jackson Street, LLC in connection with any interest that BWTB Jackson Street, LLC may have in connection with any portions of the Larger Parcel.

BWTB Jackson Street, LLC will submit a Consent and Disclaimer of Interest into Escrow as part of this transaction. Accordingly, the Purchase Price represents the total all-inclusive just compensation for the Subject Property Interests, the compensation for the impact of Phase II on the remainder portions of the Larger Parcel, impact of the acquisition of the 52,090 square foot Subject Fee Property and Phase II on the subject billboard, including loss of the ground lease rent in connection with said subject billboard, and any and all damages related thereto.

L. At its meeting of February 23, 2010, the City Council approved the Mitigated Negative Declaration for the I-15/French Valley Parkway Improvements Project. The City Council found that based on the record before it (1) the Mitigated Negative Declaration was prepared in compliance with California Environmental Quality Act (CEQA); (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with CEQA.

Section 2. Approval of Purchase and Sale Agreement. The City Council hereby approves the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Temecula and Larchmont Park, LLC in Connection with I 15/French Valley Parkway 3 Improvements - Phase II (Portions of APNs 910-020-077, 910-060-002, 910-060-003, 910-060- 009 and 910-060-015).

Section 3. Environmental Analysis. The environmental effects of the acquisition of the Subject Property Interests were studied as an integral part of the Mitigated Negative Declaration approved for the I-15/French Valley Parkway Improvements Project. The findings made by the City Council at its meeting on February 23, 2010 in approving the Mitigated Negative Declaration are the appropriate findings for the acquisition of the Subject Property Interests. A re- validation of the Mitigated Negative Declaration was approved on July 9, 2021. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Phase II project, including, but not limited to, the re -validation of the Mitigated Negative Declaration, the Mitigated Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report relating to the approval of the Mitigated Negative Declaration. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Phase II project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

Section 4. City Manager's Authority. The City Manager is authorized to execute the Agreement in substantially the form attached. A copy of the final Agreement shall be placed on file in the Office of the City Clerk. The City Manager (or the City Manager's designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, execution of the Certificate of Acceptance, escrow instructions, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to effectuate the transaction contemplated therein.

Section 5. Certification. The City Clerk shall certify the adoption of this Resolution. 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of January, 2022.

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. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of January, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

PURCHASE AND SALE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS BETWEEN CITY OF TEMECULA AND LARCHMONT
PARK, LLC IN CONNECTION WITH THE I-15/FRENCH VALLEY
PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APNs 910-020- 077, 910-060-002, 910-060-003, 910-060-009 and 910-060-015) This Agreement for Purchase and Sale and Joint Escrow Instructions between the City of Temecula and Larchmont Park, LLC, a California limited liability company in Connection with I-15/French Valley Parkway Improvements - Phase II (Portions of APNs 910-020-077, 910-060- 002, 910-060-003, 910-060-009 and 910-060-015) ("Agreement") is entered into by and between the City of Temecula, a municipal corporation ("Buyer" or "City") and Larchmont Park, LLC, a California limited liability company ("Seller") and constitutes an agreement to purchase and sell certain real property interests between Seller and Buyer and the joint escrow instructions directed to First American Title Company ("Escrow Holder"). Seller and Buyer are referred to below collectively as the "Parties". The Agreement is effective on the date it is fully executed by the Parties ("Effective Date").

RECITALS
A. Seller is the record owner of that certain vacant real property located on the west side of Jackson Avenue near Fig Street in the City of Murrieta, California, and identified as Riverside County Tax Assessor's Parcel Number 910-020-077, 910-060-002, 910-060-003, 910- 060-009 and 910-060-015 ("Larger Parcel"). The Larger Parcel is approximately 209,944 square feet (4.82 acres) in size. The Larger Parcel is not improved with any buildings. An outdoor advertising structure/ billboard ("subject billboard") is located on the property line of the portion of the Larger Parcel identified as APN 910-060-002 that abuts the adjacent parcel identified as APN 910-060-004. Seller receives income from the subject billboard's north advertising side based on a ground lease dated December 19, 2006 between Lamar Advertising Company (successor to the interests of Lamar Companies) and Judith A. Blake. Seller is the successor to the interests of Judith A. Blake in connection with said ground lease. Said ground lease is a month - to -month lease and provides for a flat rent of $1,200 per month or $14,400 per year. APNs 910- 020-077 and 910-060-002 are herein collectively called the "Northerly Parcels" and APNs 910- 060-003 and 910-060-009 are herein collectively called the "Southerly Parcels".

B. City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements - Phase II ("Phase II") to improve traffic congestion and improve operational efficiency within the limits of the I-I5/French Valley Parkway Improvements Project ("Project"). City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue.

As part of Phase II, City proposes to construct a two-lane northbound collector/distributor system along 1-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I- 15/1-215 junction with connectors to 1-15 and 1-215.
-1-
11086-0204\2610497v2.doc

C. Pursuant to Cooperative Agreement 08-1667 ("Cooperative Agreement"), City is the implementing agency for right of way and is responsible for acquisition of the property interests needed for Phase II.

D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/1-15 Improvements Project — Phase 11, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, Article 1, Section 19).

E. City extended to Seller a written offer dated October 11, 2021 pursuant to Government Code Section 7267.2 to purchase in fee an approximate 52,090 square foot portion of the Larger Parcel ("Subject Fee Property") for public use, namely public street and highway purposes, retention wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II. The approximate 52,090 square foot Subject Fee Property that the City seeks to acquire in fee is identified as Caltrans Parcel No. 24624-1 and described more particularly on Exhibit "A" hereto and depicted on Exhibit "B" hereto, which are incorporated herein by this reference. The approximate 52,090 square foot Subject Fee Property consists of the following areas from four of the parcels that are part of the Larger Parcel:
(1) An approximate 3,044 square foot portion of APN 910-020-077 and an approximate 12,939 square foot portion of APN 910-060-002 comprising an approximate 15,983 square foot portion of the Northerly Parcels. (2) An approximate 23,076 square foot portion of APN 910-060-003 and an approximate 13,031 square foot portion of APN 910-060-009 comprising an approximate 36,107 square foot portion of the Southerly Parcels.

A rough depiction of the subject billboard impacted by Phase II is attached as Exhibit "B-1" hereto and incorporated herein by this reference. The City's offer letter also included compensation for the impact of Phase 11 on the subject billboard. It is the understanding of the Parties that the subject billboard cannot be relocated due to the City of Murrieta's sign regulations and thus the lease for -2-
1 1086-0204\26 l 0497v2.doc

the subject billboard for which Seller receives rent will be impacted by Phase II and the acquisition of the Subject Fee Property.

F. The Parties negotiated City's purchase in fee of the Subject Fee Property. During negotiations, Larchmont Park, LLC informed City that BWTB Jackson Street, LLC may have an interest in portions of the Larger Parcel. Any such interest of BWTB Jackson Street, LLC, however, is not recorded against the parcels comprising the Larger Parcel. The Parties continued their negotiations, but, as of December 14, 2014, the Parties had not reached an agreement regarding the terms of City's purchase of the Subject Fee Property, improvements thereon, and impact to the ground lease in connection with the subject billboard. Based on the timing of Phase II and critical right-of-way certification deadlines, it was necessary for the City Council of the City of Temecula to consider the adoption of a Resolution of Necessity authorizing the acquisition of the Subject Fee Property by eminent domain.

G. On December 14, 2021, the City Council of the City of Temecula held a hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2021-70, A Resolution of the City Council of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements —Phase II (Certain Property Interests on APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015).

Pursuant to Resolution No. 2021-70, the City Council found that the City is authorized to acquire the Subject Fee Property by eminent domain for public street and state highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with the proposed construction of Phase II by virtue of the authority conferred on the City by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law.

H. After the adoption of the Resolution No. 2021-70, the Parties resumed their negotiations and have reached an agreement, subject to ratification by the City Council, regarding the terms of City's purchase of the Subject Fee Property, any improvements thereon, and impact of the acquisition of the Subject Fee Property and Phase II on the remainder portions of the Larger Parcel and on the ground lease in connection with the subject billboard.

I. Seller desires to sell to City the Subject Fee Property, and City desires to purchase the Subject Fee Property, subject to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the above Recitals and for other valuable consideration, the sufficiency of which is hereby acknowledged, City and Seller agree as follows.

1. Purchase and Sale. On the Close of Escrow, as defined in Section 2 below, Seller agrees to sell in fee the Subject Fee Property (Caltrans Parcel 24624-1) described in Exhibit "A" and roughly shown on Exhibit "B" to the City and City agrees to purchase the Subject Fee Property in fee from Seller on the terms and conditions set forth in this Agreement. -3-
11086-0204\2610497v2.doc

2. Opening and Close of Escrow. Within five (5) business days after the Effective Date, City will deliver a copy of the fully -executed Agreement to Escrow Holder. Opening of Escrow means the date on which Escrow Holder receives a copy of the fully -executed Agreement.

The Parties can execute the Agreement in counterparts as set forth in Section 20.d. below. This Agreement shall serve as the instructions to Escrow Holder for consummation of the transactions contemplated hereby. City and Seller agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement shall control. For the purposes of this Agreement, "Close of Escrow" shall be the date on which the Grant Deed for the Subject Fee Property in favor of City is recorded in the Official Records of the Riverside County Recorder's Office. Provided all of Seller's and City's obligations to be performed on or before Close of Escrow have been performed and all the conditions to the Close of Escrow set forth in this Agreement have been satisfied, escrow shall close thirty (30) calendar days after the Opening of Escrow ("Closing Date"). All risk of loss or damage with respect to the Subject Fee Property shall pass from Seller to City at the Close of Escrow. Possession of the Subject Fee Property shall be delivered to Buyer upon the Close of Escrow.

3. Purchase Price. The total purchase price that City will pay to Seller for the Subject Fee Property is the sum of $1,600,498.00 (One Million Six Hundred Thousand Four Hundred and Ninety Eight Dollars) ("Purchase Price") for the fair market value of the Subject Fee Property, the compensation for the impact of Phase II on the remainder portions of the Larger Parcel, impact of the acquisition of the Subject Fee Property and Phase II on the subject billboard, including loss of the ground lease rent in connection with said subject billboard, and any and all damages related thereto. The total Purchase Price reflects a negotiated agreement for the value of the of the 52,090 square foot Subject Fee Property for the total compensation of $781,350. The difference between the total Purchase Price of $1,600,498 and said $781,350 represents the compensation for all interests of Larchmont Park in and to the billboard impacted by Phase 11, including the ground lease, loss of ground lease rent, and severance damages for the impact of Phase 11 and the acquisition of the Subject Property Interests on the Northerly Parcels. a. The Purchase Price is the total price for the Subject Fee Property without distinction or separation for various interests that may be held in the Subject Fee Property, except for any compensation due by the City to Lamar Advertising Company in connection with the impact of Phase Il on the subject billboard structure. The billboard structure is owned by Lamar Advertising Company. The Purchase Price does not include any compensation that is owed to Lamar Advertising Company in connection with the impact of Phase 11 on said subject billboard structure. Except as otherwise provided herein, Seller is responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist in the Subject Fee Property, including any compensation due by Seller to BWTB Jackson Street, LLC in connection with any interest that BWTB Jackson Street, LLC may have in connection with any portions of the Larger Parcel. As a matter which is not to concern the Buyer or Escrow Holder, Seller represents that Seller will apportion $541,605 of the total Purchase Price to the Southerly Parcels and the remaining $1,058,893 portion of the Purchase Price to the Northerly Parcels outside of this Escrow. Seller expressly agrees and acknowledges that Buyer and Escrow Holder will have no responsibility or liability in connection with said apportionment or disbursement of -4-
11086-0204\2610497v2.doc

the Purchase Price by Seller and will indemnify and hold Buyer and Escrow Holder harmless for any claims, causes of action, or damages arising in connection with said apportionment or Seller's disbursement of any portion of the Purchase Price.

4. Title and Title Insurance.
a. Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Subject Fee Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to City and Seller. Escrow Holder will insure City's interest in the Subject Fee Property described in Exhibit "A" and depicted on Exhibit "B" to this Agreement at the Close of Escrow by a CLTA Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Form of Title Policy ("Alta Extended Policy") if the City elects such coverage as provided below in Section 4.b.) in the amount of the Purchase Price ("Title Policy"), with liability in the full amount of the Purchase Price, insuring title to the Subject Fee Properly as vested in City, free and clear of all monetary liens and encumbrances and other matters affecting title to the Subject Fee Property, except for the permitted title exceptions defined below and any permitted conditions of title that Buyer approves in writing (collectively "Permitted Title Exceptions):
i. General and special real property taxes and assessments for the then current tax fiscal year which are a lien not then due and payable; ii. The applicable zoning, building, and development regulations of any municipality, county, state, or federal jurisdiction affecting the Larger Parcel; iii. Such other non -monetary exceptions listed in the Preliminary Title Report that City has approved within ten (10) business days after the date the City receives the title commitment and legible copies of instruments noted as exceptions therein. If City conditionally disapproves any exceptions, then Seller will use good faith efforts to seek to cause such exceptions to be removed by the Close of Escrow. In no event will Seller be required to file any legal action to seek to remove any exception conditionally disapproved by the City. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, the City may, at the City's option, either accept the Subject Fee Property subject to such encumbrances or terminate the Escrow. In the event Escrow is terminated, within ten (10) business days of the written notice of termination to Escrow, Escrow will disburse the City any funds deposited into Escrow by City less any escrow cancellation charges.
iv. Any exceptions directly or indirectly caused by City or City's agents, employees or contractors.
b. The City will have the option of obtaining an ALTA Extended Policy or a CLTA Standard Coverage Policy of Title Insurance. If the City, in its sole discretion, determines to obtain an ALTA Extended Policy, the City will, at its expense, procure an ALTA survey. The City will also pay for the cost of any such ALTA Extended Policy. -5-
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C. Acts After Date of Agreement. During the period from the date of this Agreement through the Close of Escrow, Seller shall not encumber the Subject Fee Property, record or permit to be recorded any document or instrument relating to the Subject Fee Property, or physically alter the Subject Fee Property or permit or cause to be altered without the prior written consent of Buyer, which consent may be withheld in Buyer's sole and absolute discretion.

Escrow.
a. Deposit of Funds in Escrow. City covenants and agrees to deposit with Escrow Holder the Purchase Price and any such escrow funds that are required within five (5) business days of receiving written notice from Escrow holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow. b. Deposit of Documents in Escrow by Seller. Seller covenants and agrees to deposit with Escrow Holder the following documents within ten (10) business days of the Opening of Escrow:
i. Grant Deed. The Grant Deed in the form attached as Exhibit "C" hereto ("Grant Deed") duly executed and acknowledged by Seller. Exhibit "C" is attached hereto and incorporated herein by this reference.
ii. A California 593 certificate and federal non -foreign affidavit. iii. Any other documents reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. iv. Consent & Disclaimer. Consent and Disclaimer of Interest of BWTB Jackson Street, LLC in and to the Subject Fee Property and to the just compensation that the City will pay for the Subject Fee Property in the form attached as Exhibit "D" hereto ("Consent and Disclaimer").

V. Assignment of Ground Lease. Seller agrees to execute and deposit with Escrow Holder an Assignment of the Ground Lease for the subject billboard in the form acceptable to Buyer.

C. Deposit of Documents in Escrow by City.
i. Certificate of Acceptance. An executed Certificate of Acceptance in the form attached to the Grant Deed (attached hereto as Exhibit "C"). ii. Any other documents reasonably required by Escrow Holder to be deposited by Buyer to carry out this escrow.
d. Recordation of Grant Deed and Consent & Disclaimer; Delivery of Funds and Possession. Upon receipt of the funds and instruments described in Section 5, Escrow Holder shall cause the Grant Deed and the Consent and Disclaimer to be recorded in the Office of the County Recorder of Riverside County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges as shown on a preliminary Settlement Statement -6-
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executed by City and Seller) to Seller, and Seller shall deliver to City possession of the Subject Fee Property free and clear of all occupants.
e. Prorations. Real property taxes for the Subject Fee Property shall not be prorated, but must be paid by Seller for the current tax period. Seller may apply for a refund of property taxes in the event any property taxes paid are allocable to the period after the Close of Escrow and City shall reasonably cooperate therewith. City, as a municipal corporation acquiring property for Phase II, is exempt from property taxes pursuant to Revenue and Taxation Code Section 11922, and other provisions of law. All property assessments shall be prorated between Buyer and Seller as of the Close of Escrow based on the latest available tax information. All prorations for such assessments shall be determined on the basis of a 365-day year. Escrow Holder is authorized to pay from the Purchase Price any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds recorded against the Subject Fee Property.
f. Costs of Escrow. City will pay for the cost of the Title Policy (or ALTA Extended Policy if City elects to obtain such extended coverage). City will also pay for escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone calls, etc. City will pay for recording the Grant Deed, and any documentary or other local transfer taxes, if any, and for any recording costs (if any). City will also pay for the costs of an ALTA survey if it determines to obtain an ALTA Extended Policy. g. Escrow Cancellation Char es. If escrow fails to close through no fault of either party, City will pay all escrow and title cancellation charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges

6. Conditions to the Close of Escrow. Escrow shall not close unless and until both Parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in Section 5. Additionally, City's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for City's benefit and may be waived only by City:
a. Seller shall have performed all obligations to be performed by Seller hereunder.
b. Title Company shall have issued or shall have committed to issue the Title Policy to City, for the amount of the Purchase Price, showing fee title to the Subject Fee Property to be vested in City subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the approximate 52,090 square foot Subject Fee Property, so that said Subject Fee Property is free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Subject Fee Property.

C. If any of the conditions to Close of Escrow are not timely satisfied for a reason other than a default of City or Seller under this Agreement, and this Agreement is - 7_
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terminated, then upon termination of this Agreement, Escrow Holder will promptly return to City all funds (and all interest accrued thereon, if any) and documents deposited by City in escrow and return to Seller the documents deposited by Seller in escrow that are held by Escrow Holder on the date of the termination (less any escrow cancellation charges).

7. Permission to Enter/Due Diligence Testing. During the period commencing on the Effective Date ("commencement date") and ending at 5:00 p.m. fifteen (15) business days after said commencement date (referred to as the "Due Diligence Period"), City may inspect the Subject Fee Property as necessary for the purpose of making inspections and other examinations of the Subject Fee Property, including, but not limited to, the right to perform soil and geological tests of said Subject Fee Property and an environmental site assessment thereof. City will give Seller written notice twenty-four (24) hours before going on the Subject Fee Property to conduct such due diligence testing. City's physical inspection of the Subject Fee Property shall be conducted during normal business hours. No invasive testing or boring shall be done by City without the prior written notification to Seller and obtaining Seller's written permission of the same, which permission shall not be unreasonably withheld. City does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns free and harmless from and against any and all liability, loss, damages, costs, expenses, demands, causes of action, claims or judgments, arising from or occurring out of any damage to the Subject Fee Property in connection with any accident or other occurrence at the Subject Fee Property in connection with City's due diligence testing and environmental site assessments involving entrance onto the Subject Fee Property pursuant to this Section. If City fails to acquire the Subject Fee Property due to City's default, this license/permission to enter will terminate upon the termination of City's right to purchase said Subject Fee Property. In such event, City will remove or cause to be removed any personal property, facilities, tools, and equipment from the Subject Fee Property left in the area comprising the Subject Fee Property in connection with the due diligence testing and restore said area to as close as possible to the condition of said area prior to City's due diligence testing. The Parties agree that the City will provide to Seller a copy of any studies, reports, or other written documents in connection with such due diligence testing. The City will also provide copies of any such studies, reports, or other written documents in connection with such due diligence testing to its attorneys, Caltrans, FHWA, if applicable, the City of Murrieta, and consultants for Phase II. The Parties will not distribute or disclose to third parties said studies, reports, or other written documents in connection with such due diligence testing unless such disclosure is required by applicable law, the Public Records Act, or other pertinent statutory, or constitutional requirement.

8. Representation and Warranties of Seller. Seller hereby represents and warrants to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. That to the best of Seller's knowledge on the Close of Escrow (i) the Subject Fee Property will be free and clear of Hazardous Materials (defined in Section 14.a. below) or toxic substances and waste, including, but not limited to, asbestos; (ii) businesses, if any, on the Subject Fee Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Subject Fee Property or alleged violation of Environmental Laws (defined in Section 14.b. below), health or safety statutes, ordinance, or regulations.
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b. That other than the BWTB Jackson Street, LLC interest, as has been disclosed, Seller is the sole owner of the Subject Fee Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Subject Fee Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Subject Fee Property or allow the Subject Fee Property to be further encumbered prior to the Close of Escrow.

C. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Subject Fee Property to City, violates or will violate any contract, agreement, or instrument to which Seller is a party, or which affects the Subject Fee Property, and, except for the Consent and Disclaimer discussed in Section 5.b.iv., the Seller's grant to City of the Subject Fee Property pursuant to this Agreement does not require the consent of any party not a signatory hereto.
d. Except as disclosed in the title commitment referred to in Section 4.a, there are no claims or liens presently claimed or that will be claimed against the Subject Fee Property by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work performed or commenced prior to the Effective Date. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including reasonable attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Subject Fee Property and arising from work performed or commenced prior to the Close of Escrow. e. Except as disclosed in the title commitment referred to in Section 4.a., there are no written or oral leases or contractual rights or options to lease, purchase, or otherwise enjoy possession, rights, or interest of any nature in and to the Subject Fee Property, or any part thereof, and no persons have any right of possession to the Subject Fee Property, or any part thereof. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorneys' fees, arising from or relating to any claims by any person or entity claiming rights to possession of any portion of the Subject Fee Property.
f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other party before any court or administrative tribunal that involves the Subject Fee Property.

9. Representations and Warranties of City. City hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement.
b. City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein.

10. Total Consideration. City's payment to Seller of the Purchase Price set forth in this Agreement is an all-inclusive settlement and is the full and complete consideration and -9-
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payment of just compensation for the fair market value of the Subject Fee Property, any improvements thereon, severance damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, appraisal costs, loss of rents, lost profits, ground lease interest in connection with subject billboard, impact to subject billboard, any other damages of every kind and nature suffered by Seller by reason of City's acquisition of the Subject Fee Property, or Phase II for which City is acquiring the Subject Fee Property, and all costs and expenses whatever in connection therewith.

11. Business Goodwill.
a. No Loss of Business Goodwill. Seller agrees and acknowledges that Seller will not suffer any loss of business goodwill under Code of Civil Procedure Section 1263.510 as a result of City's acquisition of the Subject Fee Property or the construction of Phase II because Seller does not operate a business on the Larger Parcel. The Larger Parcel is not improved with a structure or building and no business operates on said Larger Parcel. Under Code of Civil Procedure Section 1263.510, the owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, will be compensated for loss of goodwill if the owner proves that (i) the loss is caused by City's acquisition of the property or the injury to the remainder; (ii) the loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; (iii) compensation for the loss will not be included in payments under Government Code Section 7262; and (iv) compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner.

12. Releases.
a. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases City, its Councilmembers, officers, counsel, employees, representatives and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of City's efforts to acquire the Subject Fee Property, or any preliminary steps thereto. Seller further releases and agrees to hold City harmless from any and all claims and causes of action asserted by any party, including BWTB Jackson Street, LLC, claiming to have an interest in or rights to possession of any portion of the Subject Fee Property or to any just compensation paid by City to Seller in connection with the Subject Fee Property.
b. Seller acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses that may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542 as it relates to the releases set forth in this Section 12, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT
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KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED RTY.

Seller's Initials: City's Initials:

Seller's waiver of rights and release of claims set forth above in Section 12.a. and Section

12.b. will not extend to and is not intended to extend to claims related to or alleged to arise out of negligence on the part of City, its agents or contractors, in connection with the physical construction of Phase II.

This Section 12 will survive the Close of Escrow.

13. City's Contingencies. For the benefit of City, the Close of Escrow and City's obligation to consummate the purchase of the Subject Fee Property is contingent upon and subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed that City can waive any or all such contingencies) on or before the Close of Escrow:
a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct;
b. The delivery to Escrow Holder of all documents pursuant to Section 5 of this Agreement;
C. Escrow Holder's commitment to issue, in favor of City, the Policy with liability equal to the Purchase Price showing City's interest in the Subject Fee Property, subject only to the Permitted Title Exceptions; and
d. City's approval prior to the Close of Escrow of any due diligence testing, environmental site assessment, soils or geological reports, or other physical inspections of the Subject Fee Property that City might perform prior to the Close of Escrow.

14. Certain Definitions.
a. The term "Hazardous Materials" will mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process -11-
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and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws.
b. The term "Environmental Laws" will mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the Effective Date relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 etseq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C.

Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the Effective Date.

15. Evidence in Court Proceeding. The Parties agree that the total Purchase Price of $1,600,498 or any inference of per square foot value of the Subject Fee Property on said Purchase Price will not be admissible as evidence of the fair market value of the Subject Fee Property in any eminent domain or other proceeding or litigation concerning the Subject Fee Property, or any portion thereof.

16. Default. In the event of a breach or default under this Agreement by either City or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Fee Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if City is the non -defaulting party, City will thereupon promptly receive a refund of all of the deposits it deposited with Escrow Holder, if any, less City's share of any escrow cancellation charges. Such termination of the escrow by a non -defaulting party will be without prejudice to the non -defaulting party's rights and remedies at law or equity.

17. Notices. All notices and demands will be given in writing by personal delivery, certified mail, postage prepaid, and return receipt requested, or by Federal Express or other overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express or other overnight carrier. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice:
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BUYER: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
COPY TO: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
SELLER: Larchmont Park, LLC,
a California limited liability company
Post Office Box 2467
Temecula, California 92593-2467
Attention: Stephen Wheeler, Manager
ESCROW First American Title Insurance Company
HOLDER: One Ridgegate Drive Suite 225
Temecula, California 92590
Telephone No. 951.296.2948
Attention: Debbie Fritz, Escrow Officer
Electronic Mail: [email protected]

18. Broker Commissions. No brokers represented the Parties in connection with this transaction. Seller will be solely responsible for the payment of any and all broker's commissions or similar compensation due to any broker representing Seller, if any, and Seller will defend, indemnify and hold the City harmless from and against any and all claims for any broker's commissions or similar compensation that may be payable to any broker claiming it represented Seller in connection with this transaction. Each party will defend, indemnify and hold harmless the other party from and against all claims of any agent, broker, finder or other similar party based upon such party's own acts in connection with this transaction. The provisions of this Section 18 will survive the Close of Escrow.

19. Rescission of Resolution No. 2021-70. The City agrees that within thirty (30) business days of Close of Escrow, City Staff will present to the City Council for approval a Resolution rescinding Resolution No. 2021-70.
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20. Miscellaneous.
a. Amendments. Any amendments to this Agreement will be effective only when duly executed by both City and Seller and deposited with Escrow Holder. b. Attorneys' Fees. In any action between Buyer and Seller seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses.

C. Entire Agreement. This Agreement contains all of the agreements of the Parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose.
d. Counterparts, Facsimile, and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered.
e. Time of the Essence. Time is of the essence of this Agreement. f. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
g. Third Parties. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. h. Additional Documents. Each party hereto agrees to perform any further acts and to execute, acknowledge, and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. i. Authority of City Manager. The City Manager may give any and all notices, consents, and terminations hereunder on behalf of the City provided they are in writing. The City Manager may execute the Agreement, Certificate of Acceptance, escrow documents, and any such documents or instruments that are necessary to effect the transfer of property interests contemplated herein.
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j. Interpretation and Construction. Each of the Parties has reviewed the Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement.
k. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies.

1. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.
in. Exhibits. The Exhibits attached hereto are incorporated in this Agreement by this reference.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below.

Dated: l 4 — Lr
Dated:
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SELLER
Larchmont Park, LLC, a California limited
liability company
f
By:

Title:
lilt!G' 20 C�I)A /4 I -It 41l11Q1
s7e v e 4 eIe lee el
BUYER
City of Temecula, a municipal corporation
Aaron Adams, City Manager
ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney

Exhibit "A"
Legal Description of Subject Fee Property (Caltrans Parcel 24624-1) EXHIBIT "A"

LEGAL DESCRIPTION
Those portions of Lots 124 and 125 per MAP of the TEMECULA LAND AND WATER COMPANY showing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Munieta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, said portions lying northeasterly of the freeway and southwesterly of the fallowing described LINE "A"..

COMMENCING at the comer common to Lot 123 and Lot 124, of said map, in the centerline of Jackson Avenue as shown on map filed in Book 142 of Records of Survey, pages 89 through 104, in the Office of the County Recorder of Riverside County.- thence along the line common to said lots South 48017'42' West 494-16 feet to the freeway right of way and the southeasterly most corner of that certain Parcel of land described in deed to the Stale of California recorded October 21, 1974, in Book 1974, page 134994 in Official Records of said Riverside County, said comer being the southerly terminus of the segment of fine described as South 31047'59' East 856-15feet in said deed, said comer- also being the POINT OF BEGINNING of said LINE mA!'-, thence departing said common line and proceeding along said freeway right of way and said segment of line North 31047'58' West 207.48 feet- thence departing said freeway right of way and said segment North 25000'07° West 457.28 feet to the beginning of a curve concave southwesterly and having a radius of 3550.00 feet-, thence along said curve through a central angle of 7008'21' a distance of 442.34 feet- thence North 23'59'5:1'West 175.08 feet; thence North 33028'38'West 212-63 feet; thence South 6215113' West 23-24 feet to the freeway Fight of way and the northeasterly line of that certain parcel of land described in deed to the State of California recorded February 24, 1975 in Book 1975„ Page 21238 in said Official Records; thence along said freeway right of way and said northeasterly line North 27'08'47'West 143.81 feet to the northerly most angle point of said northeasterly line, and the southerly most comer of that certain parcel of land described by Directors Deed recorded October 18, 1982 in Book 1982, Page 179874 in said Official Records. - thence North 27008'47"West 396.65 feet along said freeway right of way and the southwesterly fine of said Director's Deed to the POINT OF TERMINUS of said LINE "A", said terminus being the intersection of said freeway right of way and the southwesterly Fight of way line of said Jackson Avenue.

Containing 52,090 square feet, more or less.

Together with underlying fee interest, if any, contiguous to the above described prop" in and to the adjoining freeway.
08-Rri- I 5-PM 8.3
Exhibit "All
I I 086-0204\2610497v2.doc

EXHIBIT "A"

LEGAL DESCRIPTION
This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's. rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway.

The bead ngs and distances used in the above description are based on the California Coordinate System of -1983, Zone 6. Divide distances shown by Q.99991351 to obtain ground level distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act.

X.T
signature, �'f r " ✓L '�'v`^'f AFc-
AND
Prof
essional Land Survsyur A.

Date. September 14 2021
08-Rig-15-PM 83
Exhibit "A"
EXP. 12/31 /21
CALL
1i
2/2
11086-0204\2610497v2.doc

Exhibit `B"
Depiction of Subject Fee Property (Caltrans Parcel 24624-1) 08—RI V-15
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1 � 2
i6.59 432+45.2+ Por "cue LINE 955 6
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comple+en ss of Olglfa! 14 ges of +rila map.
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44 +G8.97 "AT' LINE= 'y
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74674-1 1 F I LARCHWONT PARK
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DETAIL 'A'
`'--- (FROM SHT. 61 --- C/L JACKSON 1
209,1344 1 5?.,090
Exhibit `B"
II086-0204\2610497v2.doc

Exhibit "B-1"
Rough Depiction of Subject Billboard Impacted by Phase 1I JIM
\
North Face
Exhibit "B-1"
11086-0204\2610497v2.doc

Exhibit "C"
Form of Grant Deed
Exhibit "C"
11086-0204\2610497v2.doc

RECORDING REQUESTED BY
When Recorded Mail To
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Clerk
FREE RECORDING:

This instrument is for the benefit of the City of Temecula, and is entitled to be recorded without
fee or tax. (Govt. Code 6103, 27383 and Rev. &
Tax Code 11922)
APN: 910-020-077, 910-060-002, 910-060-003, 910-060-009

GRANT DEED
(CORPORATION)
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08 Riv
15 8.3
Larchmont Park, LLC, a California limited liability company, hereinafter called GRANTOR hereby grants to CITY OF TEMECULA, a municipal corporation
hereinafter called GRANTEE, that real property in the City of Murrieta, County of Riverside, State of California, described as follows:

SEE EXHIBIT "A" ATTACHED
08-Riv-15-PM 8.3

Number
Dated this day of 20_
Larchmont Park, LLC, a California limited liability company BY
NAME:

ITS:

BY
NAME:

ITS:
08-Riv-15-PM 8.3

EXHIBIT "A"

LEGAL DESCRIPTION
Those portions of Lots 124 and 125 per MAP of the TEMECULA LAND AND WATER COMPANY showing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Murrieta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, said portions lying northeasterly of the freeway and southwesterly of the following described LINE "A":

COMMENCING at the corner common to Lot 123 and Lot 124, of said map, in the centerline of Jackson Avenue as shown on map filed in Book 142 of Records of Survey, pages 89 through 104, in the Office of the County Recorder of Riverside County; thence along the line common to said lots South 48017'42" West 494.16 feet to the freeway right of way and the southeasterly most corner of that certain parcel of land described in deed to the State of California recorded October 21, 1974, in Book 1974, page 134994 in Official Records of said Riverside County, said corner being the southerly terminus of the segment of line described as South 31 °47'59" East 856.15 feet in said deed, said corner also being the POINT OF BEGINNING of said LINE "A"; thence departing said common line and proceeding along said freeway right of way and said segment of line North 31 °47'58" West 207.48 feet; thence departing said freeway right of way and said segment North 25000'07" West 457.28 feet to the beginning of a curve concave southwesterly and having a radius of 3550.00 feet; thence along said curve through a central angle of 7008'21" a distance of 442.34 feet; thence North 23°59'51" West 175.08 feet; thence North 33028'38" West 212.63 feet; thence South 62051'13" West 23.24 feet to the freeway right of way and the northeasterly line of that certain parcel of land described in deed to the State of California recorded February 24, 1975 in Book 1975, Page 21238 in said Official Records; thence along said freeway right of way and said northeasterly line North 27008'47" West 143.81 feet to the northerly most angle point of said northeasterly line, and the southerly most corner of that certain parcel of land described by Director's Deed recorded October 18, 1982 in Book 1982, Page 179874 in said Official Records; thence North 27008'47" West 396.65 feet along said freeway right of way and the southwesterly line of said Director's Deed to the POINT OF TERMINUS of said LINE "A", said terminus being the intersection of said freeway right of way and the southwesterly right of way line of said Jackson Avenue.

Containing 52,090 square feet, more or less.

Together with underlying fee interest, if any, contiguous to the above described property in and to the adjoining freeway.
08-Riv-15-PM 8.3 1/2

EXHIBIT "A"

LEGAL DESCRIPTION
This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain ground level distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act.

Signature
Professional Land Surveyor
Date: September 14 2021
LAND 9L��
EXP. 12/31 /21
IMCAL�Fb
08-Riv-15-PM 8.3 2/2

ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On before me, , Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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
08-Riv-15-PM 8.3
(Seal)

CITY OF TEMECULA
Office of the City Clerk
41000 Main Street
Temecula, CA 92590

CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(Govt. Code § 27281)
(Assessor's Parcel Number(s) 910-020-077, 910-060-002, 910-060-003, 910-060-009) This is to certify that the attached Grant Deed, which conveys in fee to the City of Temecula that certain real property located in the City of Murrieta, County of Riverside described more particularly in Exhibit "A" to said Grant Deed, is hereby accepted under the authority of the City Council of the City of Temecula, and the City of Temecula consents to the recordation thereof by its duly authorized officer.

Dated:

ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
CITY OF TEMECULA, a municipal corporation
Aaron Adams, City Manager

Exhibit "D"
Form of Consent and Disclaimer of Interest of BWTB Jackson Street, LLC Exhibit "D"
11086-0204\2610497v2.doe

RECORDING REQUESTED BY
WHEN RECORDED RETURN TO:

CITY OF TEMECULA
41000 Main Street
Temecula, California 92590
Attention: City Clerk's Office
Space Above for Recorder's Use
Assessor's Parcel Nos. [X] Portions 910-020-077, 910-060-002, 910-060-003, 910-060-009 and 910-060-015 Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).

CONSENT AND DISCLAIMER OF INTEREST OF BWTB JACKSON STREET LLC Larchmont Park, LLC, a California limited liability company ("Owner") is the record fee owner of that certain vacant real property located on the west side of Jackson Avenue near Fig Street in the City of Murrieta, California, and identified as Riverside County Tax Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009 and 910-060-015 ("Property").

Owner intends to sell to the City of Temecula, a municipal corporation in fee an approximate 52,090 square foot portion of the Property ("Subject Fee Property") for public use, namely public street and highway purposes, retention wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of the I- I5/French Valley Parkway Improvements — Phase II ("Phase II") and described more particularly in Exhibit "A" hereto, which is incorporated herein by this reference. The Subject Fee Property includes any interests of Owner in and to a ground lease in connection with the outdoor advertising structure/ billboard ("subject billboard") located on the property line of the portion of the Larger Parcel identified as APN 910-060-002 that abuts the adjacent parcel identified as APN 910-060- 004.

BWTB Jackson Street, LLC, a California limited liability company (`BWTB Jackson Street, LLC") claims to have an interest in portions of the Property. Owner has informed BWTB Jackson Street, LLC of Owner's intent to sell to the City the Subject Fee Property in connection with Phase II.

BWTB Jackson Street, LLC hereby consents to Owner's sale to the City of the Subject Fee Property and hereby disclaims any right, title or interest in or to the Subject Fee Property more

particularly described in Exhibit "A" hereto, including any interests in and to the subject billboard.

Further, BWTB Jackson Street, LLC also disclaims any right or interest in and to the just compensation that the City may pay to Owner for the Subject Fee Property.

BWTB Jackson Street, LLC, a California
limited liability company
Date: By:

Title:

Exhibit "A"
Legal Description of Subject Fee Property
EXHIBIT "A!'

LEGAL DESCRIPTION
Those portions of Lots 124 and 125 per MAP of the TEMECULA LAND AND WATER COMPANY showing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Murrieta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, said portions lying northeasterly of the freeway and southwesterly of the following described LINE 'A':

COMMENCING at the comer common to Lot 123 and Lot 124, of said map, in the centerline of Jackson Avenue as shown on map riled in Book 142 of Records of Survey, pages 89 through 104, in the Office of the County Recorder of Riverside County- thence along the line common to said lots South 48'17'42'West 494-16 feet to the freeway right of way and the southeasterly most comer of that certain parcel of land described in deed to the State of Calffomla recorded October 21, 1974, in Book 1974, page 134994 in Official Records of said Riverside County, said comer being the southerly terminus of the segment of line described as South 31'47'59" East 856.15 feet in said deed, said comer also being the POINT OF BEGINNING of said LINE 'W'; thence departing said common line and proceeding along said freeway right of way and said segment of line North 31'47'58' West 207.48 feet,- thence departing said freeway right of way and said segment North 25100'0T West 45728 feet to the beginning of a curve concave southwesterly and having a radius of 3550-00 feet-, thence along said curve through a central angle of 7"08'21' a distance of 442.34 feet, thence Noah 23'5951'West 175,013 feet" thence North 33'28'38' West 212-63 feet; thence South 62'51'13' West 23-24 feet to the freeway right of way and the northeasterty line of that certain parcel of landdescribed in deed to the State of California recorded February 24, 1975 in Book 1975, Page 21238 in said Official Records-, thence along said freeway right of way and said northeasterly line North 27'08'47'West 143-81 feet to the northerly most angle point of said northeasterly line, and the southerly most comer of that certain parcel of land described by Directors Deed recorded October 18, 1982 in Book 1982, Page 179874 in said Official Records-, thence North 27'08'47'West 396.65 feet along said freeway right of way and the southwesterly line of said Director's Deed to the POINT OF TERMINUS of said LINE "A', said terminus being the intersection of said freeway right of way and the southwesterly right of way line of said Jackson Avenue, Containing 52, G90 square feet, more or less_
Togetherwith underlying fee interest if any, contiguous to the above described property in and to the adjoining freeway-
08-Riv-1 5-PM 83 1/2

EXHIBIT "AH

LEGAL DESCRIPTION
This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to Me STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway.

The bean ngs and distances used in the above description are fused on the California Coordinate System of 1983, Zone 6_ Divide distances shown by 0 99991351 to obtain ground Ievel distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
signature: 4aN
Pm`ession.al Land Surveyor H�L;�Fj.

Date September 14. 202
EXP. 12 f 31 /21
P
08-Riv-15-PM 8.3 2/2

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On
before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

LARCHMONT PARK, LLC
APNs 910=020=077, 93.o-o6o-002 003, 009, 015
INTERSTATE 215

EXIST RW
E;ISTRW ����
E%ST RhY
810.989-099

PROPOSED FEE
c
::I:
9ID-0W
OPOSED
PA (�
Y
✓ Fee-52,090SF
✓ Lease Interests of Billboards and APN gio-o6o-002

Alft
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II
Circulation Project
Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215.

Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system.

Core Value: Transportation Mobility and Connectivity
Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22.

Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I
Project Cost:

Prior Years
Actuals
2020-21
Adjusted
2021-22
Adopted
Budget
2022-23
Projected
2023-24 2024-25
Projected Projected
2025-26
Projected
Total Project
Cost
Administration
2,552,128
251,670
227,000
227,000
227,000
3,484,799
Construction
88,950,000
88,950,000
Construction Engineering
1,279
10,899,721
10,901,000
Design & Environmental
17,898,086
1,221,217
19,119,303
Land Acquisition
9,393,251
5,826,900
743,100
15,963,251
Utilities
1,993
1,993
Total Expenditures
29,846,738
107,149,508
970,100
227,000
227,000
138,420,346
Source of Funds:

CFD 01-02 (Harveston)
1,005,840
1,005,840
DIF-Street Improvements
75,360
75,360
General Fund
4,236,174
4,236,174
INFRA Grant
50,000,000
50,000,000
Measure A
1,627,914
1,627,914
Measure S
454,000
3,837,485 970,100 227,000 227,000
5,715,585
Reimbursements
6,008,000
6,008,000

SAFETEA-LU
1,602,360
1,602,360
STIP-Surface Transportation
47,600,000
47,600,000
Improvement Program

TUMF (CETAP/RCTC)
472,841
999,668
1,472,509

TUMF (RCTC)
2,343,000
2,343,000

TUMF (WRCOG)
11,450,112
5,283,492
16,733,604
Total Funding
27,673,241
109,323,005 970,100 227,000 227,000
138,420,346
Future Operating & Maintenance Costs:
71 Alk
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II
Circulation Project
2021-22
Prior Years
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Total Operating Costs
Notes :

1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds.

2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000).

3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW.

4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II.

5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II.

6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I.

7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match).
72 pF TF.q£C
G" French Valley Parkway/I-15 Improvements - Phase 11
Circulation Project Location
0 400 800 Feet
Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 58 Item No. 6

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 25, 2022
SUBJECT: Approve First Amended and Restated Term Sheet with United States Department of Transportation for I-15/French Valley Parkway Improvements — Phase II, PW16-01
PREPARED BY: Amer Attar, Engineering Manager
Kendra Hannah-Meistrell, Senior Civil Engineer
RECOMMENDATION: That the City Council approve the First Amended and Restated Term Sheet with the United States Department of Transportation for I-15/French Valley Parkway Improvements — Phase II, PW 16-01
BACKGROUND: On February 25, 2020, the City Council adopted Resolution No. 2020-11 which approved a Term Sheet under the fiscal year 2019 INFRA program with the United States Department of Transportation.

The schedule for the I-15/French Valley Parkway Improvements — Phase II project has changed since the approval of the Term Sheet. This First Amended and Restated Term Sheet is necessary to incorporate the revised project schedule.

FISCAL IMPACT: There is no fiscal impact associated with the approval and execution of the First Amended and Restated Term Sheet.

ATTACHMENTS: 1. First Amended and Restated Term Sheet

2. Project Description

3. Project Location

U.S. DEPARTMENT OF TRANSPORTATION

FIRST AMENDED AND RESTATED TERM SHEET UNDER THE
FISCAL YEAR 2019 INFRA PROGRAM
This first amended and restated term sheet is between the United States Department of Transportation (the "USDOT") and the City of Temecula (the "Project Sponsor").

The USDOT and Project Sponsor executed a term sheet on May 7, 2020 ("the Original Term Sheet"). This term sheet amends and restates in its entirety and replaces the Original Term Sheet.

This term sheet reflects the conditional selection of the Project Sponsor to receive an INFRA Grant for the I-15/French Valley Parkway Improvements Phase 2.

The purpose of this term sheet is to set out the parties' mutual understanding regarding material terms and conditions to be included in subsequent agreements that the parties intend to execute to implement an INFRA Grant.

The parties therefore agree to the following:

1. The INFRA Application.
(a) The Project Sponsor's application for funding was dated March 4, 2019 and titled "Interstate 15/French Valley Parkway Improvements Phase 2." In this term sheet, the "Project" means the project proposed in the application, as modified by schedules A, B, and C.
(b) The Project Sponsor states that:
(1) all material statements of fact in the application were accurate when that application was submitted; and
(2) Schedules A, B, and C document all material changes in the information contained in that application.

2. General Terms and Conditions.
(a) In this term sheet, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under The Fiscal Year 2019 INFRA Program:

FHWA Projects," dated July 29, 2019, which is available at https:Hgo.usa.gov/xprMe.

The General Terms and Conditions are part of this term sheet. (b) The Project Sponsor states that it has knowledge of the General Terms and Conditions. (c) The Project Sponsor acknowledges that the General Terms and Conditions impose obligations on the Project Sponsor and that the Project Sponsor's non-compliance with the General Terms and Conditions may result in remedial action, terminating of the INFRA 1of10

Grant, disallowing costs incurred for the Project, requiring the Project Sponsor to refund to the USDOT the INFRA Grant, and reporting the non-compliance in the Federal - government -wide integrity and performance system.
2of10

SCHEDULE A

PROJECT TERMS

1. Scope of Work.
(a) General Project Description.

The Project Sponsor will construct a two-lane northbound collector -distributor system along I-15 from the Winchester Road/I-15 interchange to the I-15/I-215 junction. The collector -distributor system will be barrier -separated from the mainline highway and is approximately 3.3 miles long. The Project represents Phase 2 of a larger three-phase project to increase capacity on I-15.
(b) Project Activities.

This project will consist of the following activities:
• Utility policy certification is anticipated on November 10, 2021. • Final Plans, Specifications, and Estimates (PS&E) are anticipated to be submitted to Caltrans for approval on December 7, 2021.
• Initial Study with Mitigated Negative Declaration / Environmental Assessment with Finding of No Significant Impact Re -validation was approved on July 9, 2021. The original environmental clearance was approved on January 29, 2010.

The environmental review and consultation of the project was carried -out by Caltrans under its assumption of responsibility pursuant to 23 U.S.C. 327. • Right of Way Acquisition activities are anticipated to be completed on March 31, 2022.
• Supplemental Project Report is anticipated to be completed on October 24, 2021. • Supplemental New Connection Report is anticipated to be completed on October 24, 2021.
• The Project's RTL date is anticipated on April 1, 2022, followed by the procurement of the construction contract.
• Construction NTP is anticipated on October 31, 2022, with a 19-month construction duration ending on June 12, 2024.

2. Project Budget.

INFRA Grant Amount:
$ 50,000,000
INFRA Grant Amount Subject to 23 U.S.C. 117(d)(2): $ 0
Total Project Cost:
$ 137,306,531
Previously Incurred Project Costs: $ 28,587,270
3of10

Sources of funds for Future Eligible Project Costs:

INFRA Grant Amount:
$ 50,000,000
Other Federal Funds:
$ 1,602,360
State Funds (Non -Federal STIP):
$ 47,600,000
Local Funds (TUMF):
$ 4,710,296
Local Funds (City):
$ 4,806,605
Private Funds:
$ 0
Other Funds:
$ 0
Total Future Eligible Project Cost: $ 108,719,261

3. Project Schedule.
(a) Project Permitting, Planning, Licensing, and Other Approval Milestones. • 2019 FTIP Amendment Approval: December 31, 2019.
• The Section 404 Nationwide 14 Permit, Section 401 Water Quality Certification, and Section 1602 Streambed Alteration Agreement: March 11, 2022. • Construction Cooperative Agreement with Caltrans: March 31, 2022. • Supplemental Project Report: October 24, 2021.
• Supplemental New Connection Report: October 24, 2021. (b)Pre-construction Schedule.
• Preliminary Design Complete January 31, 2020
• NEPA Complete
• Final Design Complete
• Right of Way Complete
• PS&EBid-Ready
• Obligate & Advertise
(c) Construction Schedule.

July 9, 2021
December 7, 2021
March 31, 2022
April 1, 2022
June 10, 2022
The following construction schedule is approximate and is contingent upon a fully executed Fund -Obligating Agreement by the "PS&EBid-Ready" date listed in subsection (b) of this Project Schedule.
4of10

• Begin Construction October 31, 2022
• Construction Complete June 12, 2024
5of10

SCHEDULE B

PROJECT -SPECIFIC ACCOUNTABILITY TERMS

1. Purpose of this Schedule.

This schedule B documents project -specific information used to implement the accountability provisions in section 5 of the General Terms and Conditions.

2. Project Delivery Milestones.

None. For the purpose of section 5 of the General Terms and Conditions, this schedule B does not enumerate any specific project delivery milestones.

3. Project Success Indicators.

None. For the purpose of section 5 of the General Terms and Conditions, this schedule B does not enumerate any specific indicators of project success. 6of10

SCHEDULE C

MATERIAL CHANGES FROM ORIGINAL TERM SHEET
Schedule:

This project's schedule has changed due to the unanticipated preparation of additional cultural reports for the environmental re -validation. These activities extended the duration of the environmental re -validation and delayed all other project tasks including extending the construction completion date from December 30, 2022 to June 12, 2024

MATERIAL CHANGES FROM APPLICATION
The total future eligible Project costs have decreased by $1,411,920 since the application submittal, and the previously incurred Project costs have increased by the same amount. This change is due to payments for ongoing design work.

The STIP funding noted in the application narrative will be allocated as State -only STIP funds instead of being changed to local funds.

The Project Sponsor will utilize $1,500,000 of INFRA funding for right of way acquisition for advanced construction authorization. The same amount, $1,500,000, of local funds will be moved from right of way acquisition to construction.
7of10

EXECUTION BY THE PROJECT SPONSOR
By signature below, the Project Sponsor acknowledges that it accepts and agrees to be bound by this term sheet.

Executed this day of , 2021.

Signature of Project Sponsor's Authorized Representative Name of Project Sponsor's Authorized Representative
Title
8of10

EXECUTION BY THE STATE DEPARTMENT OF TRANSPORTATION
By signature below, the State Department of Transportation (the "SDOT") acknowledges that it accepts and agrees to be bound by this term sheet, agrees to act as the Recipient to assist in the receipt and disbursement of the FY2019 INFRA Grant awarded for the Project, and agrees to perform such other administrative and oversight duties with respect to the award and the project as the Project Sponsor and the SDOT shall agree upon between themselves. Further, the SDOT shall comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the duties it assumes under this term sheet in compliance with the term sheet's terms and conditions.

Executed this _day of 92021.

Signature of State Department of Transportation
Designated Official Representative
Name of State Department of Transportation
Designated Official Representative
Title
9of10

EXECUTION BY THE USDOT
Executed this _day of , 2021.

Signature of USDOT's Authorized Representative
Name of USDOT's Authorized Representative
Title
10 of 10

Alft
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II
Circulation Project
Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215.

Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system.

Core Value: Transportation Mobility and Connectivity
Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22.

Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I
Project Cost:

Prior Years
Actuals
2020-21
Adjusted
2021-22
Adopted
Budget
2022-23
Projected
2023-24 2024-25
Projected Projected
2025-26
Projected
Total Project
Cost
Administration
2,552,128
251,670
227,000
227,000
227,000
3,484,799
Construction
88,950,000
88,950,000
Construction Engineering
1,279
10,899,721
10,901,000
Design & Environmental
17,898,086
1,221,217
19,119,303
Land Acquisition
9,393,251
5,826,900
743,100
15,963,251
Utilities
1,993
1,993
Total Expenditures
29,846,738
107,149,508
970,100
227,000
227,000
138,420,346
Source of Funds:

CFD 01-02 (Harveston)
1,005,840
1,005,840
DIF-Street Improvements
75,360
75,360
General Fund
4,236,174
4,236,174
INFRA Grant
50,000,000
50,000,000
Measure A
1,627,914
1,627,914
Measure S
454,000
3,837,485 970,100 227,000 227,000
5,715,585
Reimbursements
6,008,000
6,008,000

SAFETEA-LU
1,602,360
1,602,360
STIP-Surface Transportation
47,600,000
47,600,000
Improvement Program

TUMF (CETAP/RCTC)
472,841
999,668
1,472,509

TUMF (RCTC)
2,343,000
2,343,000

TUMF (WRCOG)
11,450,112
5,283,492
16,733,604
Total Funding
27,673,241
109,323,005 970,100 227,000 227,000
138,420,346
Future Operating & Maintenance Costs:
71 Alk
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II
Circulation Project
2021-22
Prior Years
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Total Operating Costs
Notes :

1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds.

2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000).

3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW.

4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II.

5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II.

6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I.

7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match).
72 pF TF.q£C
G" French Valley Parkway/I-15 Improvements - Phase 11
Circulation Project Location
0 400 800 Feet
Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 58 Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: January 25, 2022
SUBJECT: Accept Improvements and File the Notice of Completion for Pavement Rehabilitation Program — Citywide — West Side Business Park Area, PW19-17 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer
Shawna Bennetts, Associate Civil Engineer
RECOMMENDATION: That the City Council:

1. Accept the improvements for the Pavement Rehabilitation Program — Citywide — West Side Business Park Area, PW19-17, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and

3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed.

BACKGROUND: On December 29, 2020, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-83, awarded a construction contract to All American Asphalt, in the amount of $1,711,230.62, and authorized the City Manager to approve changes up to $171,123.06, to construct the Pavement Rehabilitation Program — Citywide — West Side Business Park Area, PW 19-17 (Project).

The completed project included the pavement rehabilitation of the entire lengths of Zevo Drive, Rio Nedo Drive, Avenida Alvarado, Enterprise Circle North, Via Montezuma (east of the low flow crossing to Jefferson Avenue,) Del Rio Road, Las Haciendas, Calle Cortez, Business Park Drive and Via Dos Picos.

All American Asphalt has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works / City Engineer. All work is warranted for a period of one year from August 27, 2021, the date the City obtained "beneficial use" of the Project. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107.

The final contract amount is $1,650,876.14, which includes the original contract amount of $1,711,230.62, a net reduction of $75,440.72 based on a balancing of actual contract item quantities, and three contract change order totaling $15,086.24.

FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing of the Notice of Completion.

ATTACHMENTS: 1. Notice of Completion

2. Maintenance Bond

3. Contractor's Affidavit and Final Release

RECORDING REQUESTED BY
AND RETURN TO:

CITY CLERK

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590

EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
Sections 6103 and 27383

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The City of Temecula is the owner of the property hereinafter described.

2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590.

3. The Nature of Interest is a Contract which was awarded by the City of Temecula to All American Asphalt, 400 E. Sixth St, Corona, CA 92879 to perform the following work of improvement:

Pavement Rehabilitation Program —
Citywide, West Side Business Park, PW19-17

4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on January 25, 2022. That upon said contract the Fidelity and Deposit Company of Maryland, 777 S. Figueroa Street, Ste. 3900, Los Angeles, CA 90017 was surety for the bond given by the said company as required by law.

5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows:

Pavement Rehabilitation Program
Citywide, West Side Business Park, PW19-17

6. The location of said property is: Zevo Drive, Rio Nedo Drive, Avenida Alvarado, Enterprise Circle North, Via Montezuma (east of the low flow crossing to Jefferson Avenue,) Del Rio Road, Las Haciendas, Calle Cortez, Business Park Drive and Via Dos Picos in the City of Temecula.

Dated at Temecula, California, this 25t" day of January, 2022.

City of Temecula
Randi Johl, City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council.

Dated at Temecula, California, this 25th day of January, 2022.

City of Temecula
Randi Johl, City Clerk

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 7664933

MAINTENANCE BOND
for
PAVEMENT REHABILITATION PROGRAM — CITYWIDE

WEST SIDE BUSINESS PARK AREA
PROJECT NO. PW19-17

KNOW ALL PERSONS BY THESE PRESENT THAT
All American Asphalt — 400 Sixth Street Corona CA 92879

NAME AND ADDRESS OF CONTRACTOR
a _Corporation (hereinafter called "Principal'), and
(fill in whether a Corporation, Partnership, or Individual) Fidelity and Deposit Company of Maryland — 777 S. Fi Ueroa Street, Suite 3900, Los Angeles. CA 90017

NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of _ one Hundred Sixty Five Thousand Eighty Severs DOLLARS AND 611100 CENTS ($-165,087.61_) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 8th day of December , 2020 a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT REHABILITATION PROGRAM — CITYWIDE — WEST SIDE BUSINESS PARK AREA, PROJECT NO. PW19-17.

WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and
WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 27th day Of -August -_, 2021
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.

As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications.

Signed and sealed this 17th day of November , 2021
(Seal] -
SUREJTY:

Fidelity and Deposit Company of Maryland
By: L�! C.GCS2. L�aaCl�ctjt¢,p,
Rebecca Haas -Bates
(Name)
Attorney -in -Fact
(Title)
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
PRINCIPAL:

All American Asphalt
By:
(Name)
V (,Ce (es"Cfe`c f
(Title)
a
JK c kc z
(Name)
Se C/-G {
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 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. accuracv. or validity of that document.

State of California
County of Riverside
On NOVEMBER 19, 2021 before me, Sarah Amanda Langley, Notary Public Date Here Insert name and Title of the Officer
personally appeared Edward J. Carlson and Michael Farkas Name(s) of Signer(s)
I
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 SARAH AMANDA LANGLEY his�hel: their authorized capacity(ies), and that by his/ /their Notary Public • California signature(s)on the instrument the erson s or the entity upon behalf Riverside County � p (), Y p
Commission # 2337877 of which the persons) acted, executed the instrument.

My Comm. Expires Nov 20. 2024
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.

WITNESS hand and official seal.

SignatureS %4A-- &94u(�
Place Notary Seal Above Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document MAINTENANCE BOND
Document Date: 11 /17/2021
Number of Pages:

Signer(s) Other Than Named Above: Rebecca Haas Bates -Attorney in Fact Capacity(ies) Claimed by Signer(s)
Signer's Name: Edward J. Carlson
❑ Individual
X Corporate Officer—Title(s): Vice President
❑ Partner ❑ ❑ Limited ❑ General

RIGHT THUMBPRINT
❑ Attorney in Fact OF S12NER
❑ Trustee Top of thumb here
❑ Other:

Signer is Representing:
9 Signer's Name: Michael Farkas
❑ Individual
X Corporate Officer — Title(s): Secretary
❑ Partner u ❑ Limited ❑ General
❑ Attorney in Fact
70Pof thumb h
❑ Trustee
❑ Other:

Signer is Representing:

CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 118-1
• w<.w..w•!T<.w<.w .ael4a<.w•!.�•.a .a<.wt.a< a<.w .a .a<.a . �•.aN.w<.aN.v,..a -a . <!s� .w<.c� .a a<.a .aC✓d .w _w. a .ae�'e� .a .w<.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On 11/17/2021 before me, Liliana Gomez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
NameKof SignerN
who proved to me on the basis of satisfactory evidence to be the person* whose name* is/are subscribed to the within instrument and acknowledged to me that he/she/iftey executed the same in his/her/their authorized capacity Nis), and that by his/her/their signatureZ8 . on the instrument the person(, or the entity upon behalf of which the persons acted, executed the instrument.

LILIANAGOMEZ
Notary Public - California
Orange County -
° Commission # 2243326
My Comm. Expires May 20, 2022
Place Notary Seal Above
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 175
Signature of NotaryZic

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Maintenance Bond No. 7664933 Document Date: 11/17/2021 Number of Pages: Two 2 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual W Attorney in Fact
Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:

Fidelity and Deposit Company of Maryland
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing:
{�4�,{'✓ -✓{v -'i4'✓5���✓.5��:��5'.viti'.{'u{'L{�ti✓. 'r/S'.ei.�.{'L - {C:. a"�'/0.�{'✓ •L -d -a ✓ -s a/{ ✓ -

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time.

CERTIFICATE
I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this 17th day of November 2021
o SEAL
167%...,✓' eta?
I331: Brian M. Hodges
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.rei)ortsfclaims azurichna.com
800-626-4577

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of June, A.D. 2019. o Rtt,s, .a u�orr, 0�`b_
of - —
y4r.r�1
ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this I lth day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.

Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
PAVEMENT REHABILITATION PROGRAM — CITYWIDE

WEST SIDE BUSINESS PARK AREA
PROJECT NO. PW19-17
This is to certify that All American Asphalt
(hereinafterthe "Contractor") declares to the City of Temecula, underoath, thathe/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PAVEMENT REHABILITATION PROGRAM — CITYWIDE — WEST SIDE BUSINESS PARK AREA, PROJECT NO. PW19-17, situated in the City of Temecula, State of California, more particularly described as follows:

Pavement Rehab Program Westside Business Park PW 19-17

ADDRESS OR DESCRIBE LOCATION OF WORK
The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor.

Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts:

Description
Dollar Amount to Dispute
Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above.

Dated: ����'`� 04�171 By:

CONTRACTOR:

Signature
Michael Farkas, Secreta
Print Name and Title
Print Name and Title

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 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. accuracv. or validitv of that document.

State of California
County of Riverside
On December 28 2021 before me, Sarah Ainanda Langley, Notai.y, Public Dale Here Insert name and Title of the Officer
personally appeared Michael Farkas
Name(s) of Signer(s)
SARAH AM?4DA LANGLEY
Notary Public - California
Riverside County
Cam misslon M 2337877
My Comm, Expirei Nov 20, 2024
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislheAhei, authorized capacity(ios), and that by his/tie-rlheir signature(e) on the instrument the person(s), or the utility upon behalf of which the person(&) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct WITNESS my.hand and official seal
5Stonaltir, F
Place Notary Seal Above Slgnalure of Notary Public
OPTIONAL 6Z j -
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document Contractor's Affidavit and Final Release Document Date: December 28, 2021
Signer(&) Other Than Named Above
Capacity(ie ,) Claimed by Signer(s.)
Signer's Name: Michael Farkas
❑ Individual
X Corporate Officer— Title(s): Corp. Secretary
❑ Partner u ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Other:

Signer is Representing:

Top of thumb here
Number of Pages:

Signer's Name: _ _ NJA

Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: January 25, 2022
SUBJECT: Accept Improvements and File the Notice of Completion for ADA Compliance for Pavement Rehab Program — West Side Business Park Area, PW20-08 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer
Shawna Bennetts, Associate Civil Engineer
RECOMMENDATION: That the City Council:

1. Accept the improvements for the ADA Compliance for Pavement Rehab Program — West Side Business Park Area, PW20-08, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and

3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed.

BACKGROUND: On May 25, 2021, the City Council awarded a construction contract to IE General Engineering, Inc., in the amount of $186,000.00, and authorized the City Manager to approve changes up to $18,600.00, to construct ADA Compliance for Pavement Rehab Program — West Side Business Park Area, PW20-08 (Project).

The completed project included the reconstruction of 28 curb ramps to meet current ADA standards. The ramps are located adjacent to streets scheduled for rehabilitation under the Pavement Rehabilitation Program — West Side Business Park project, PW19-17.

IE General Engineering, Inc. has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works / City Engineer. All work is warranted for a period of one year from October 1, 2021, the date the City obtained "beneficial use" of the Project. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107.

The final contract amount is $186,000.00, same as the original contract amount since no contract change orders were issued and all contract quantities were utilized.

FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing of the Notice of Completion.

ATTACHMENTS: 1. Notice of Completion

2. Maintenance Bond

3. Contractor's Affidavit and Final Release

RECORDING REQUESTED BY
AND RETURN TO:

CITY CLERK

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590

EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
Sections 6103 and 27383

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The City of Temecula is the owner of the property hereinafter described.

2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590.

3. The Nature of Interest is a Contract which was awarded by the City of Temecula to All American Asphalt, 400 E. Sixth St, Corona, CA 92879 to perform the following work of improvement:

ADA Compliance for Pavement Rehab Program —
West Side Business Park, PW20-08

4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on January 25, 2022. That upon said contract the Arch Insurance Company, 210 Hudson Street, Ste. 300, Jersey City, NJ 07311 was surety for the bond given by the said company as required by law.

5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows:

ADA Compliance for Pavement Rehab Program
West Side Business Park, PW19-17

6. The location of said property is: Zevo Drive, Rio Nedo Drive, Avenida Alvarado, Enterprise Circle North, Via Montezuma (east of the low flow crossing to Jefferson Avenue,) Del Rio Road, Las Haciendas, Calle Cortez, and Business Park Drive in the City of Temecula.

Dated at Temecula, California, this 25t" day of January, 2022.

City of Temecula
Randi Johl, City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council.

Dated at Temecula, California, this 25th day of January, 2022.

City of Temecula
Randi Johl, City Clerk

BOND NO. SU1174679

MAINTENANCE BOND
for
ADA COMPLIANCE FOR PAVEMENT REHAB PROGRAM — WEST SIDE BUSINESS PARK AREA
PROJECT NO. PW20-08

KNOW ALL PERSONS BY THESE PRESENT THAT
IE General Engineering, Inc., 1440 Beaumont Ave, Suite A2-130, Beaumont, CA 92223

NAME AND ADDRESS OF CONTRACTOR
a Corporation
(fill in whether a Corporation, Partnership, or Individual) (hereinafter called "Principal"), and
Arch Insurance Company, 210 Hudson Street, Suite 300, JERSEY CITY, NJ 07311 - 1107

NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Eighteen Thousand Six Hundred DOLLARS AND nomoo CENTS (S 18.600.00 ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the day of _ , 20 , a copy of which is hereto attached and made a part hereof for the construction of ADA COMPLIANCE FOR PAVEMENT REHAB PROGRAM — WEST SIDE BUSINESS PARK AREA, PROJECT NO. PW20-08.

WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 1 st day of October P 20 21
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.

As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the

City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications.

Signed and sealed this 13th day of December , 2021 .
(Seal)
SURETY:

Arch Insurance C mpany
By:l�f_
Mark D. Leskanic
(Name)
Attorney -in -Fact
(Title)
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
PRINCIPAL:

IE Geperal Engineering, Inc.

By:
tr
(Name)
(Title)
By:

Fa-r
(Name)
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures.

Individual Acknowledgment
State of
County of
On this
} ss:
day of , 2021, before me personally came
to me known and known to me to be the individual
described in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same
My commission expires
Principal Acknowledgment
State of
} ss:

County of
Notary Public
On this day of , 2021, before me personally
came to me known and who being by me duly sworn, did depose and say that he is the of . the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his/her name thereto by like order.

My commission expires
Notary Public
Surety Acknowledgment
State of Massachusetts
} ss:

County of Middlesex }
On this 13th day of December 2021, before me personally came Mark D.

Leskanic tome known, who, being by me duly sworn, did depose and say that he/she is arattorney-in-fact of Arch Insurance Company the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office Un er the Standing Resolutions thereof.

My commission expires 3/24/2028
otary Public

WOSTA FLETCHER
Notary ftW 0o v0wn* d

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On I CCe �x`r- 1�eT� before me, i�GU0e-L-
[Her9 r s n name ­4 tue at the Officer)
personally appeared 6 i L9 d -
who pray d to me on the basis of satisfactory evidence to be the personksf whose named is re subscribed to the within instrument and acknowledged to me that li ,she/they executed the same ino/her/their authorized capacity, and that by is her/their signature,z) on the instrument the person}; or the entity upon behalf of 9 which the personKacted, 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.
_ CANA L. CAMPB£LL
WITNESS my hand and official seal. �p COMM .#2282589
U1 q" NOTARY PU9liC.CAIIFORNIA N
RiVEE r
�uw—`MY CQuM_Exp.MAR. 25, 2U23 �
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION NSTRUCTIONS FOR COV PLETNGTHIS FORIvt This farm complies with current Caftfornia statutes regaMn,; notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT lfneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long ��n ff as the wording does not require the California notary to violate California notary 'k iC� V law.
(Title or description of attached document. . • State and County information must be the State and County where the document p !S U " ` siguer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which (Title or description of attached domment continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date i commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.

CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tl y, is /are) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re -seal if a (Titte) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document.

Other _ Indicate title or type of attached document, number of pages and date.

Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary).

Securely attach this document to the signed document with a staple.

ARCH INSURANCE COMPANY

STATEMENT OF FINANCIAL CONDITION
DECEMBER 31, 2020
Assets
Cash in Banks $293,990,621
Bonds owned $ 3,620.730,816
Stocks $ 653,208,881
Premiums in course of collection $ 525,571,487
Accrued interest and other assets $ 593,248,584
Total Assets $ 5,686,750,389
Liabilities
Reserve for losses and adjustment expenses $2,577,386,588 Reserve for unearned premiums $ 946,480,428
Ceded reinsurance premiums payable $ 377,159,781
Amounts withheld or retained by company for account of others $ 170,189,032 Reserve for taxes, expenses and other liabilities $ 483,069,562 Total Liabilities 4,554,285,393
Surplus as regards policyholders 1,132,464,997
Total Surplus and Liabilities $5,686,750,389
By:
ter---� Attest:

Executive Vice President, Chief
Financial Officer and Treasurer
State of) J r l
SS
County of W
Executive Vice President,
General Counsel and Secretary
Thomas James Ahern, Executive Vice President, Chief Financial Officer and Treasurer and Regan Shulman, Executive Vice President, General Counsel and Secretary being duly sworn, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2020. d n to before me this A tin of WA nuf-�4
Subscnbed an
war
y
w..

Notary P licaw
' 1•rf :,�="`�
BARVARA A. LEE
Notary Public. Slale of New Jorsey
&
• �.€+ r IL
Commission # 50107758
Comm en Exurbs Jga� 27. 2024
1 AIC 0000358981
This Power ofAttorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Not valid for Note, Loan, Letter of Credit Currency Rate, Interest Rate or Residential Value Guarantees.

POWER OF ATTORNEY
Know All Persons By These Presents:

That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:

Mark D. Leskanic of Natick, MA
its true and lawful Attomey(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:

Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars {9p M 000.001.

This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein.

The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.

This Power of Attomey is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 11, 2020, true and accurate copies ofwhich are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on December 11, 2020:

VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 11, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 22nd day of June, 2021 Attested and Certified�`an w Arch Insurance Co party
Y i : V WRtR71NTE �4 ��y -
sEAI
Regan A. Shulman, Secretary I9Irl Stephen C. Ruschak, Executive Vice President

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. /]
"WedKO" County --- —
WCanrrdr m E%pirnMy ]I. MS Canrnirkm "WWI r t i81d2! Michele Tripodi, Notary Public CERTIFICATION My commission expires 07/31/2025
I, Regan A. Shulman , Secretary ofthe Arch Insurance Company, do hereby certify that the attached Power of Attorney dated.I rny22 242_I on behalf ofthe person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. 1N TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 131h day or UecGROW
2021
Regan A. Shulman, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division �•
3 Parkway, Suite 1500 ik)tin�w4> of
Philadelphia, PA 19102 s gtM.
1071
To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at 5uretyAuthent+et9arcft%prance.

Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached.

AICPOA040120 Printed in U.S.A.

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
fo r
ADA COMPLIANCE FOR PAVEMENT REHAB PROGRAM — WEST SIDE BUSINESS

PARK AREA
PROJECT NO. PW20-08
This is to certify that IE General Engineering Inc.
(hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as ADA COMPLIANCE FOR PAVEMENT REHAB PROGRAM — WEST SIDE BUSINESS PARK AREA, PROJECT NO.

PW20-08, situated in the City of Temecula, State of California, more particularly described as follows:

ADA Compliance for pavement Rehab Project # PW20-08

ADDRESS OR DESCRIBE LOCATION OF WORK
The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor.

Further, in connection with the final payment of the Contract. the Contractor hereby disputes the following amounts:

Description
Dollar Amount to Dispute
Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, Isom any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above.

C TRACTOR:
l21'6LIVA
Dated: B v'
Sig ature
6 5 d A,117L, 1
Print Name and Title

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On e � � �a� before me, ) L u tr
nn }} Hefe ft name a atte or me o =r1
personally appeared 0 r vAA,-�C� -
who proved to me on the basis of satisfactory evidence to be the persons,$) whose namedare subscribed to the within instrument and acknowledged to me that she/they executed the same in��IiVherltheir authorized capacity�jag}; and that by , herltheir signature61 on the ins`tirument the personN, or the entity upon behalf of C�ich
the person (zj 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.
,�^`°' DANA L. CAMPBELL
- COMM. # 2282589 to
WITNESS my hand and official seal. (� •m, y 3 NOTA.RYPUBLI_ CALFORNiA N

RIVERSIDE COUNTY
Y4�aaa
�+rw°1v1Y Co61M. E!;P. M tR- 2G, 2D23;
Notary Public Signature zl-(Notary Public Sea])

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
(Title ordescripdan of a ed document)
(Title or description of attached document continued)
Number of Pages —L Document Date

CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Titfe)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2u15•tiJr-5.'_-

NSTRUCTIONS FOR COMPLETING THIS FORNI
Phis forth complies with current California stanites regarding uolmy wording and, ifneeded, should be completed and attached to the document. Acknowledgments from other states mqv be completed for documenrs being sent to. that stare so long as the wording does not require the Califonr[a notary to Walare California notary law.
• State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which mmust also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization_
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he)sheldiey: is lefe) or circling the correct forms. Failure to correctly indicate this infartmation may lead to rejection of document recording. ■ The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.

Additional information is not required but could help to ensure this actmowledgment is not misused or attached to a different document.

Indicate title or type of attached document, number otpages and date.

Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), • Securely attach this document to the signed document with a staple.

Item No. 9

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

SPECIAL MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
JANUARY 18, 2022
CALL TO ORDER at 7:37 PM: President James Stewart
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
CSD PUBLIC COMMENTS — None

CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Rahn. The vote reflected unanimous approval.

10. Approve Action Minutes of December 14, 2021
Recommendation: That the Board of Directors approve the action minutes of December 14, 2021.

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 7:39 PM, the Community Services District meeting was formally adjourned to Tuesday, January 25, 2022 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.

James Stewart, President
ATTEST:

Randi Johl, Secretary
[SEAL]

Item No. 10

ACTION MINUTES

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING

SPECIAL MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
JANUARY 18, 2022
CALL TO ORDER at 7:39 PM: Chair Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
SARDA PUBLIC COMMENTS - None

SARDA CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.

11. Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2022 Through June 30, 2023 (ROPS 22-23)
Recommendation: That the Board of Directors

1. Adopt a resolution entitled:

RESOLUTION NO. SARDA 2022-01

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT

AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT
SCHEDULE FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE
30, 2023 PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN ACTIONS IN CONNECTION

THEREWITH

2. Adopt a resolution entitled:

RESOLUTION NO. SARDA 2022-02

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT

AGENCY APPROVING THE PROPOSED ADMINISTRATIVE

BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN ACTIONS IN CONNECTION

THEREWITH

SARDA EXECUTIVE DIRECTOR REPORT

SARDA BOARD OF DIRECTOR REPORTS

SARDA ADJOURNMENT
At 7:41 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 25, 2022, 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.

Matt Rahn, Chair
ATTEST:

Randi Johl, Secretary
[SEAL]

Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 25, 2022
SUBJECT: Conduct a Public Hearing for the Purposes of Redistricting in the City of Temecula PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council conduct the third of four public hearings for the purposes of redistricting in the City of Temecula.

BACKGROUND: Every ten years, local governments use new census data to redraw their district lines to reflect how local populations have changed. Assembly Bill 849 (2019) and Assembly Bill 1276 (2020) require cities and counties to engage communities in the redistricting process by holding public hearings and doing public outreach. In Temecula, the City Council is responsible for drawing council districts and the redistricting process must be completed by April 17, 2022.

District lines are adopted using the following state and federal criteria:

Federal Laws:

Equal Population (based on total population of residents as determined by the most recent federal decennial census and adjusted by the State to reassign incarcerated persons to the last known place of residence)
Federal Voting Rights Act
No Racial Gerrymandering
California Criteria for Cities (to the extent practicable and in the following order of priority):

1. Geographically contiguous districts (Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous),

2. Geographic integrity of local neighborhoods or communities shall be respected in a manner that minimizes its division,

3. Easily identifiable boundaries that follow natural or artificial barriers (rivers, streets, highways, rail lines, etc.), and

4. Lines shall be drawn to encourage geographic compactness.

In addition, boundaries shall not be drawn for purposes of favoring or discriminating against a political party.

The City Council will be holding hearings to receive public input on redistricting on the following dates:

August 24, 2021 (1 st Pre -Draft Public Hearing) - Completed September 28, 2021 (2nd Pre -Draft Public Hearing)
January 25, 2022 (1 st Post -Draft Public Hearing)
March 8, 2022 (2nd Post -Draft Public Hearing)
Redistricting information, including dates and times of hearings, and how to participate in the process, can be found online on the City's website at www.temeculaca.gov .

FISCAL IMPACT: None
ATTACHMENTS: 1. Presentation

2. Draft Maps

January 25, 2022
Shalice TiltonM,
National Demographics Corporation

Redistricting Process
Step
Two Initial Hearings
Aug. 24 & Sept 28
Census Data Release
Aug. 12
California Data Release
Late Sept / Early Oct.

Two Draft Map Hearings
Jan. 25 & Mar. 8
Description
Held prior to release of draft maps.

Education and to solicit input on the communities in the Districts.

Census Bureau released official 2020 Census population data in legacy format.

California Statewide Database releases California's official `prisoner - adjusted' 2020 redistricting data, then mandated three-week waiting period for City or City's consultant to release NDC.

Two Public Hearings to discuss and revise the draft maps and to discuss the election sequence.

Map Adoption Final map must be posted at least 7 days prior to adoption.

By Apr. 17 Map adopted via ordinance.

Redistricting Rules and Goals
Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Itts

1. Geographically contiguous

2. Undivided neighborhoods
and "communities of
interest"
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)
Prohibited:
"Shall not favor or discriminate against
a political party."
Minimize voters shifted to
different election years
Respect voters' choices /
continuity in office
Future population growth
Preserving the core of existing
districts

Existing Districts/°
a<
a
cole'
ew n P
¢a a o
°ACo ae
e�` Q P aye <
ao sPc^ r
•
-L' O
a rcr
N Qa
i A Cam Cielo "IDS Rd
a Liefer Rd
°i c \a5 Fb N LOoP Rd
dPe Rd i S Loop Rd
Ostia "we,
79 ion „'�c9ee Gee\o � �o e- m
aaag5Od '^ � 3
a Via Norte ,'a
�
Ford r
iar Way 4 Pie ereC e6�
o Q i e1 ReV Rd \a a\e0< 3 PG
o
o �
a
Q a
2020 Census
a a
ac �a gasU-a, �a°r°A °t o
V`\y pO orte Las ruces
d6 0` el", L 6
5t
ofQ ap oC5 Cam Nune Pa Gc
d ala on Greco cm,,Sene Qao\
G11 pYa9 �eQa Hili St
3 o G° 3
f Rancho Vista a5tA, RosarCt a LPrFe St
Rosario Ct rt °12tR
�< m O Gad o �di�P 4ata St
Ca, m d
o Rd ti C Cl/ Cd� �e Cd�a x
av z
a° ao e Sag ntze �d aptC
Pensador St Ma°tO sICRV
t Q< apo9a D� a Campanula Way to Win a je?-6 y
qay� N v
2q 7e t4ott Cam P,dia R030Vya0
lQL alleloAve 5tangrat�9odpl kt`t,So` Maalew0
�. Via R' a y�nda Rd tte t eioO Ct
Gordoa n
ro i° CG \115 �y�a "he _ ro
i Cir
yJ�a 1 mbasSY Pv CF
® i � a I \aQ 3-t ��C c� � Rhine Ave
� ie oya °may
Citizen Voting Age
Pop
District 3 is under -populated by

8.77%
District 1 is over -populated by

5.98%
Total deviation 14.75%
Highest Latino CVAP 29% in D5;
D5 is majority -minority
City, ofT'emecula - Exis ting Districts
Field
1 2
3 4
5 Total
Total Population
23,367
21,948
20,114
22,242
22,568
110,239
Population Deviation
r 1,319
-100
-1,934
194
520
3,253
Pct. Deviation

5.98%
-0.45%
-8.77%

0.88%

2.36%

14.75%
Total
14,927
14,452
14,212
15,430
15,196
74,217
Hisp
22%
26%
22%
22%
29%
24%
NH White
55%
57%
64%
65%
49%
58%
NH Black
4%
6%
5%
5%
8%
6%
Asian/Pac.Isl.

Pr 17%
11%
Pr 8%
8%
14%
12%
Native Amer.
2%
1%
1%
1%
1%
1%

Draft A
aKem" a � v m
O °
mac' awn o` E
0 i
© Chant
0 v Q<
F� t�a`�Mcoleilip6l�
PA
pie e
Qµ�Ac pie �a
to e
q � a
c°r
N Qa
< 3 m Ca
m _. aprin9s Rq
m Cielo j
Li Ca Rd
a��° �N L° Rd9 Minimal Change for Population
dge �. 5 Loop Rd
i�gtianP}eadoWRd�- o �o Balance
e mpCncpearce° O m
aaa
F°rd pr via Norte eposo No Council Pairings
dey a`iaC'
iar Way 4
p p` a, dei ReV Rd �a5da\eQt p� • Deviation 5. ! O%
ti � Ftd �A ¢ ✓
- o
and
o 'n
a
,aca Pasqua, 5�c� `� o
an _ or V, m
e! b °rte Las races
Co VM p
e6 Q� m°n Sri d
y 0�5 Cam Nune Fa Cc
C,�,e°° Germ Sene a°O
O0%Ara Go ePa Se`es�o'(°rte�`e me Hilot c,
y i J�a data
f Rancho Vista o 3 0, -12 St
� Sdnr�a90 O` � �z �P Ca�drbo o nappy
✓e tolrtd R�a�aco ref St J'a C Or
O`Cd6��!. lac baba nsador St Mynrova (1
c 50� 09 �a �o Ca anula Way\tS IeF`d Wins
p. ,0
ya V�eZ0 11Z °na 79 y40 Cam Pied.La
"Yallej°Ave, de pon5tance St ktCs°C Ma PA
co
Via Rama :%Oda Pd a tte C P�°O 3n+
COcd°b�e� a
3 d Jed 0 iry C'�-r Am
me-5
N n� d� 5on baSsY
atP cb C, ,o ine Ave
-0
u dS��F �Joc aia °c3 Gt 6' p o
c� sa
e a �-�
ad 15
I�12'O
2020 Census
Citizen Votuig Age
Pap
Field
Total Population
Papulatiau Deviatiou
Pct. Deviation
Total
Hisp
1\7 I White
NrH Black
AsianJPac.Isl
Native Amer.
• Highest Latino CVAP 29% in D5;
D5 is majority -minority
• D3 southern boundary moves
southerly to follow de Portola Rd.
between Margarita Rd and
Meadows Pkwy
• D2 southern boundary to include a
c` portion of the Red Hawk Golf
Course and the homes west of
Tiburcio Drive (Golf Clubhouse).
e
2e
Draft A
of Temecula -
1 2
3 4
5 Total
21,648
22,469
21,312
2-2,242
22,568
110,239
-400
421
-736
194
520
1,256
-1.81%

1.91%
-3.34%

0.88°�6

2.36N

5.706/6
13,776
14,601
15,213
15,430
15,196
74,217
2C
26%
22%22%
29%
24%
C2D/o
ss%
57%
63%
65%
49%
58%
50/0
60/6
5%
5%
8°f6
60/6
I 17%
110/6
9010
80/0
14%
12%
2°l0
1%
OP/6
I%
16/6
10/6

Draft B
aKem" a � v m
.Z,
® Chant
0 v Q<
a
zt�
�Qµ b
o e
�,eaQ° • o • °yaa�t
�prrh9s Rd
Cam Ciel0 j
(ram-y°F a liefer Rd
\v��a �� L°°p Rd9 Minimal Change for Population
age c �?,. 5 Loop Rd
�gtian qti eadoW Rd �e o �o Balance
79 Son C'ncfleetce\° n
aaa
F°rd p1 Norte epos° No Council Pairings
de\ a`iac`
iar Way 4
p p 0, dei tyeV Rd \ayaa\e�� P� I • Deviation 6.36%
�c act an gaSQ�a\RS c�cA N p
- pY Ln
�� o d6 V�Qr pel�vn S L °rte Las races d
m y 0�5 C Cam Nune Fa c
a°' °d ala on c'�'e°° Cam Sene Qa°��G
Ara G°wePa Se\e5\0-w eo�e Hil St
c,
a t`Gr m L J\a Ga\a m !' FPS
Qa o (Rancho Vista
a Y mo
w R�a9 ■ �c. pi a°' q a �dii -(ara St w Fv RV
e Aa
P"` S
4��� �` �e tv�a9v Rtl c°Ot
m° O��d✓Pd'�i to �actia a �a\arena st ManCOJaOr
U, o�a0� 09 p y Ca anula Way
F'ote Rd Wins
r
a�
o aG Vhe e a �e y,1o\t 6
Cam PVed.La
4 k°� Valle" Z Ra L e ° St od ph Ma PA
ea to Ave °nstanlg,6 " �tC`rv`
T Via Rama Linda Rd tte C P�oO m
�, Ca o � ordoba eta a �
a L c4i V1a C �\a� !rye Qr _
4, Ile_lrcmba Av
Ave
S. ci` c a o0 o rn
u
`1
V
J
ti
a
� c
� a
7 0
v
Category
2020 Census
J V V )J V �_ Citizen Votuig Age
NDC Pap
Field
Total Population
Population Deviatiou
Pct. Deviation
Total
Hisp
1LTH White
NrH Black
AsianJPac.Isl
Native Amex.
• Highest Latino CVAP 29% in D5;
D5 is majority -minority
• D3 southern boundary moves
southerly to entirely follow de
Portola Rd.
• D2 southern boundary moves
ay
southerly to Temecula Creek to
c` include Pechanga Drive and
e
2e
of Temecula - Draft B
Cupeno Ln.
1 2
3 4
22,497
21,165
21,767
22,242
449
-883
-281
194

2.04%
-4.009/0
-1.27°/Q
14,389
13,786
15,415
15,430
219/0
27°/o
22°/u
220/0
ss%
56%
63%
65%
50/0
60/6
5%
5%
r 17%
110/6
90/0
80 0
2110
1%
OP/0
1%
5 22,568
520

2.36 o
15,196
29%
49%
8°f°
14%
1 °/o
Total
110,239
1,403
G.3G°/u
74 21
24°/0
58°J°
60/u
12°/0
10/6

Draft C
Cam Cielo
° defer Rd
9 � o�a5 Rtl
,ge
Cnr�gtiae( Meadow Rd I jo
9 5on VcDe 4 ° m
as
3nf°rd �a Via Norte oene oso
Dr ueuay de�ReP�a
nar Way P�e� P'�eyej
6 Rd 1a e0 p
aq
N Loop Rd
. 5 Loop Rd
G Q<
yA de; R day
F� "ANicole Squat
or
Pp 'PJ�S
Ore
cP,e Q-a
yRe"\40 ei so
=�" Li5a�4a Dr
'9 Corte Las races
—`6 d Deln�0ryte
prey ao C
-Ve da O
`sue sV (
a 6 (G tL
y S Cam Nune
d
Pa Gc
��aa
�aoaeP
o o Dr
C n�a5 ysta�Ya9°n q Cem 5 ee
a°"
o P o a
Y
4a5 v 3_ �O C°lrte AlaZnar JHiloil
t m
° Qac`r
�;a
y'Pz .Rancho Vista 1 ase° G cc Ro a
610
�
Le')2
m'
co Ra m�m.3 Let Rosario Ct �t
1110 -(afa F0
es�d °' d'n Cdd
ib o S,t o (� \a Rd
Fa c C e//!S m Pt °
di �(
?too
y') o '' £ a tto Pensador St MagtO�a
oc�d6
N��°Y9Qt a%9a L Q Campanula Way (eF`tl Win
a�� S°
o a�F ayR o v 4 y 79 '�40tt Cam PVed.La R
"
Q Q t tlp. M
�a Vallejo Ave ConStanc$ra�o° etC" oe. aPlev
L.�ndao aeca
_ 4 ne G m
A�
embassy
G
d s
� a aAc° sa aQc � 4q d
u Gt ro P
Sri d�J G lle� �aA 1; Oa)
16 `1
V
~ a
c
� a
7 °
v
Category
202D Census
J V V V V �— Citizen Votuig Age
NDC Pap
Ct
Follows Neighborhood HOAs
• No Council Pairings.

Deviation 2.49%
Highest Latino CVAP 27% in D5
• D3 moves northerly to include all
Temeku Hills/Chardonnay Hills,
northern border follows Serena Way
• D4 moves northwesterly to pick up all
Winchester Creek Campos Verdes
Roripaugh Hills, mostly follows
Margarita Rd. D4 moves south to pick
up all of Woodcrest/Rancho Del
Sol/Costain Signet/Villages.
• D2 picks up Crowne Hill. D2 extends
westerly to include area around
Temecula Community Park
• D5 picks up Starlight Ridge/Lake
Village/Alta Vista
City of Temecula - Draft C
Field
1 2
1 3
Total Population
22,148
22,253
22,130
Population Deviatiou
1 DD
205
82 Pct. Deviation

0.45%

0.93%

0.37%
Total
14,197
14,758
15,631
Hisp
21%
26%
220/6
1L7H White
550fo
561/u
GG%
NrH Black
4%
G°/o
4%
Asian/Pac.151.
17%
120/6
80/0
Native 'kmef.
20/0
10f0
0%
4 5
Total
22,005
21,703
110,239
-43
745
550
-0.20%
-1.5610

2.499/6

17.699
13,931
74,217
25 °/0
2 i %
24%
590/0
52%
581)/0
GD/o
8°fo
60/6
1 D°r0
pr
12%
IF
12%
00f 0
1 p/0
10/6

CY of Temecula -
DYwft A
Category
Field
1 2
3 4
5 Total
Total Population
21,648
22,469
21,312
22,242
22,568
110,239
2020 Census
Population Deviation
-440
421
-736
194
524
1,256
Pct. Deviation
-1_816/0

1.916/0
-3.34°/0

0.880/4
2-30e,.3

5.706/6
Total
13,776
14,601
15,213
15,430
15,196
74,217
HYsp
22%
260/6
22%
2-20/4
29°IO
2411/6
Citizen Voting ?age
NH Mute
55%
570/6
630/6
65%
49%
580/6
Pop
NTH Blau
56/4
60/0
5%
5 0
86/0
60/6
?isian/Pac.Isl.
17 010
11°/6
9°/O
80/6
14°/O
12%
Native Amer-
2'6
1 °'6
0°'0
1 °'6
16/6
1%
IC of Temecula - Draft B
Category
Field
1 2
3 4
5 Tatal
Total Population
22,497
21,165
21,767
22242
22,568
114,239
2020 Census
Population Deviation
449
-883
-281
1p9p4
520
1,403
Pct. Deiiation

2.046/6
-4.44°/0
-127%

4.006/6

2.369/6
6-369'6
Total
14,389
13,786
15,415
15,430
15,196
74,217
Hlsp
21%
276/6
226/6
22%
296/6
241,'6
CitizenVotuigAge
NTHWlite
550/0
56%
63%
65%
49°/O
580/6
Pop
NTH Black
5 0
6%
5%
- -0 0
80/O
60/4
aisigm/Pac.Isl.
17%
pr 11%
9°/O
8%
14%
12%
ILTahre ?uner.
2°/6
10/6
4°'0
1 6/6
1%
1 6/6
CY of Temecula -
Draft C
Category
Field
1 2
3 4
5 Tatal
Total Population
22,148
22,253
22,130
22,005
21,703
110,239
2020 Census
Population Deviation
100
205
82 -43
-345
550
Pct. Deiiation

4.456/O

0.93%
0_376/6
-4.206/6
-1.561.3

2.499,'0
Total
14,197
14,758
15,631
15,699
13,931
74,217
Hisp
2111/6
26%
22%
2511/6
2�6/0
246/0
Citizen Voting ?age
NTH Wlute
550/6
560/6
66%
590/6
520/6
58%
Pop
NTH Black
4°,
66/6
4Ol O
�}qf6
80/6
6%
si-m/Pac.Isl.
17°'0
12%
8O/0
1(r/6
12O/0
12°/6
Native Amer-
2N
10/6
(r/O
OD/O
1%
1%

Proposed Sequencing
❑ Election Year
2022:

Districts
1, 3, 5
❑ Election Year
2024:

Districts
2, 4
❑ After focus maps are identified, it is recommended the City Council review and, if needed, adjust the district number assignments.

Public Hearing & Discussion
❑ Public hearing to receive input on draft maps.
❑ Goal to identify 1-2 focus maps.
❑ Review and adjust the district assignments on the focus maps, if needed.
❑ Council can request variations be drawn on the focus map(s). ❑ All the maps and the full demographic summaries can be viewed on the website at https://temeculaca.gov/1172/Redistricting- Information
❑ The best way to view the maps in detail is through the interactive map viewer at this link: I.ILLub: / /art.;g.is/ObOj4

City of Temecula
2021 Redistricting
Existing Districts
11' Gw
Oa
wa
_a o,
m �
L� Cam Cielo 11 9s Rd
p ° Liefer Rd
3 o N\co\a� N Loop Rd
d e c S Loop Rd
rist\an p\ �' o
]on C'n a�a deb G\e\O7161
as QS° 4•
Via Norte Dr oso
e�I �eQ�a C
c Chant�jnj rWay 4 P1e
o Rd �a �' Ot
G aO�Ga ton W aY J deA Atey A a d
r
a /\
�� � Pr at�a Nicole) n ` act anQaSQ`'a\��Ja�`�� � o
P e a a� ��= / `G Lr No
�Q •9ti° Q�e�et� ° �s0 �D Ave Cima del � C L y DPI Corte Las ruces �e� ego trey �aa 5 1? 3 NU�be SQ Oadri t
`0d6p nsador
/a
oQ< 010amp. Ma�°troy
a OC
Way to�eWin ay t
O 2� �a aP Ga °\aid 79 �140 �tC,am Pi E y� Rojo
ce St
�IIJ° Ave deco°�stan�Ct " PwoO Ct
V66 a LindaT' J� ttN O
Ca o
m Game pi @ d ' m
L. o-- ® v Q� OS�a �II Emsq Ae
G. 0 a
d S
id aoi a 1 4 d
00 o �d S d�7d�Jt°c Ja �c0
d CpJP �a
�d 16
� e
H pee
u Qe
Map layers
Current
v Census Block
o Streets
v Landmark Point
Landmark Area
Water Area
National Demographics Corporation January 10, 2022
©2021 CALIPER

City of Temecula - Current Plan
Category
Field
1 2
3 4
5 Total
2020 Census
Total Population
23,367
21,948
20,114
22,242
22,568
110,239
Population Deviation
1,319
-100
-1,934
194
520
3,253
Pct. Deviation

5.98%
-0.45%
-8.77%

0.88%

2.36%

14.75%
Hispanic/Latino
26%
29%
24%
26%
34%
28%
NH White
45%
47%
58%
56%
42%
49%
Total Pop.

NH Black
6%
5%
4%
5%
7%
5%
NH Asian/Pac.Isl.
20%
15%
11%
11%
15%
15%
NH Native Amer.
2%
1%
1%
1%
2%
2%
Total
14,927
14,452
14,212
15,430
15,196
74,217
Hisp
22%
26%
22%
22%
29%
24%
Citizen Voting Age Pop
NH White
55%
57%
64%
65%
49%
58%
NH Black
4%
6%
5%
5%
8%
6%
Asian/Pac.Isl.
17%
11%
8%
8%
14%
12%
Native Amer.
2%
1%
1%
1%
1%
1%
Total
13,817
12,609
13,243
14,777
11,568
66,014
Latino est.
23%
23%
18%
19%
26%
21%
Voter Registration
Spanish -Surnamed
21%
21%
17%
17%
24%
20%
(Nov
2020)
Asian -Surnamed
4%
3%
2%
3%
2%
3%
Filipino -Surnamed
3%
2%
2%
2%
3%
2%
NH White est.
66%
68%
74%
75%
63%
70%
NH Black
5%
7%
1 5%
4%
8%
1 6%
Total
11,562
10,518
11,391
12,678
9,268
55,417
Latino est.
22%
21%
17%
17%
24%
20%
Voter Turnout
Spanish -Surnamed
20%
20%
16%
16%
22%
19%
(Nov
2020)
Asian -Surnamed
4%
3%
2%
3%
2%
3%
Filipino -Surnamed
3%
2%
2%
2%
3%
2%
NH White est.
66%
68%
74%
75%
63%
70%
NH Black
5%
7%
5%
1 4%
8%
6%
Total
6,996
6,267
7,611
8,345
5,454
34,673
Latino est.
19%
18%
15%
14%
21%
17%
Voter Turnout
Spanish -Surnamed
18%
17%
14%
14%
19%
16%
(Nov
2018)
Asian -Surnamed
3%
2%
2%
2%
2%
2%
Filipino -Surnamed
2%
2%
1%
1%
2%
2%
NH White est.
70%
71%
77%
78%
67%
73%
NH Black est.
5%
6%
5%
4%
8%
5%
age0-19
33%
32%
34%
25%
30%
31%
Age
age20-60
53%
54%
50%
53%
56%
53%
age60plus
13%
13%
16%
21%
14%
16%
Immigration
Immigrants
18%
18%
12%
14%
18%
16%
naturalized
67%
64%
69%
69%
54%
64%
english
74%
75%
83%
80%
70%
76%
Language spoken at
spanish
12%
16%
10%
12%
20%
14%
home
asian-lang
9%
7%
5%
4%
7%
7%
other lang
5%
2%
2%
4%
3%
3%
Language Fluency
Speaks Eng. "Less than
Very Well"
9%
9%
5%
6%
9%
7%
hs-grad
49%
50%
45%
47%
53%
49%
(among
Education those
g
bachelor
24%
21%
25%
22%
18%
22%
age(25+)
graduatedegree
12%
11%
15%
14%
11%
13%
Child in Household
child-underl8
54%
46%
47%
36%
43%
45%
Pct of Pop. Age 16+
employed
65%
69%
65%
64%
1 68%
66%
income 0-25k
6%
9%
5%
10%
14%
9%
income 25-50k
8%
15%
11%
12%
17%
13%
Household Income
income 50-75k
18%
16%
13%
16%
16%
16%
income 75-200k
52%
49%
56%
50%
44%
50%
income 200k-plus
15%
11%
16%
1 13%
9%
12%
single family
95%
78%
95%
940
53%
82%
Housing Stats
multi -family
5%
22%
5%
6%
47%
18%
rented
24%
38%
21%
22%
62%
34%
owned
76%
62%
79%
78%
1 38%
66%
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).

City of Temecula
2021 Redistricting
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Water Area
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City of Temecula - Draft A
Category
Field
1 2
3 4
5 Total
Total Population
21,648
22,469
21,312
22,242
22,568
110,239
2020 Census
Population Deviation
-400
421
-736
194
520
1,256
Pct. Deviation
-1.81%

1.91%
-3.34%

0.88%

2.36%

5.70%
Hispanic/Latino
26%
29%
24%
26%
34%
28%
NH White
44%
47%
58%
56%
42%
49%
Total Pop.

NH Black
6%
5%
4%
5%
7%
5%
NH Asian/Pac.Isl.
20%
16%
12%
110/0
15%
15%
NH Native Amer.
2%
1%
1 1%
1%
2%
1 2%
Total
13,776
14,601
15,213
15,430
15,196
74,217
Hisp
22%
26%
22%
221/o
29%
24%
Citizen Voting Age Pop
NH White
55%
57%
63%
65%
49%
58%
NH Black
5%
6%
5%
5%
8%
6%
Asian/Pac.Isl.
17%
11%
91/0
8%
14%
12%
Native Amer.
2%
1%
0%
1%
1%
1%
Total
12,690
12,992
13,987
14,777
11,568
66,014
Latino est.
23%
23%
18%
19%
26%
21%
Voter Registration
Spanish -Surnamed
21%
21%
16%
17%
24%
20%
(Nov
2020)
Asian -Surnamed
4%
3%
2%
3%
2%
3%
Filipino -Surnamed
3%
2%
2%
2%
3%
2%
NH White est.
66%
68%
74%
75%
63%
70%
NH Black
6%
6%
6%
4%
8%
6%
Total
10,581
10,868
12,022
12,678
9,268
55,417
Latino est.
22%
21%
17%
17%
24%
201/o
Voter Turnout (Nov
Spanish -Surnamed
21%
20%
16%
16%
22%
19%
2020)
Asian -Surnamed
4%
3%
2%
3%
2%
3%
Filipino -Surnamed
3%
2%
2%
2%
3%
2%
NH White est.
66%
68%
74%
75%
63%
70%
NH Black
6%
6%
6%
4%
8%
6%
Total
6,373
6,451
8,050
8,345
5,454
34,673
Latino est.
20%
18%
15%
14%
21%
17%
Spanish -Surnamed
18%
17%
14%
14%
19%
16%
Voter Turnout (Nov
2018)
Asian -Surnamed
3%
3%
2%
2%
2%
2%
Filipino -Surnamed
2%
2%
1%
1%
2%
2%
NH White est.
70%
71%
76%
78%
67%
73%
NH Black est.
5%
6%
6%
4%
8%
1 5%
age0-19
34%
32%
34%
25%
30%
31%
Age
age20-60
53%
55%
50%
53%
56%
53%
age60plus
13%
13%
16%
21%
14%
16%
Immigration
immigrants
18%
18%
12%
14%
18%
16%
naturalized
67%
65%
69%
69%
54%
64%
english
74%
74%
84%
800/0
70%
76%
Language spoken at
spanish
12%
16%
10%
12%
20%
14%
home
asian-lang
9%
7%
5%
4%
7%
7%
other Lang
5%
3%
2%
4%
3%
3%
Language Fluency
Speaks Eng. "Less than
Very Well'
9%
9%
5%
6%
9%
7%
hs-grad
49%
50%
44%
47%
53%
49%
Education (among those
25+)
bachelor
24%
21%
25%
22%
18%
22%
age
graduatedegree
12%
11%
15%
14%
11%
13%
Child in Household
child-underl8
55%
46%
47%
36%
43%
45%
Pct of Pop. Age 16+
employed
65%
69%
1 64%
64%
68%
66%
income 0-25k
6%
9%
5%
10%
14%
90/0
income 25-50k
9%
14%
11%
12%
17%
13%
Household Income
income 50-75k
19%
16%
13%
16%
16%
16%
income 75-200k
52%
50%
56%
50%
44%
50%
income 200k-plus
15%
11%
16%
13%
9%
1 12%
single family
95%
78%
950/0
94%
53%
82%
Housing Stars
multi -family
5%
22%
5%
6%
47%
18%
rented
25%
39%
21%
22%
62%
34%
owned
75%
1 61%
1 79%
78%
38%
66%
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).

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National Demographics Corporation January 10, 2022
02021 CALIPER

City of Temecula - Draft B
Category
Field
1 2
3 4
5 Total
Total Population
22,497
21,165
21,767
22,242
22,568
110,239
2020 Census
Population Deviation
449
-883
-281
194
520
1,403
Pct. Deviation

2.04%
-4.00%
-1.27%

0.88%

2.36%

6.36%
Hispanic/Latino
25%
31%
24%
26%
34%
28%
NH White
45%
46%
58%
56%
42%
49%
Total Pop.

NH Black
6%
5%
4%
5%
7%
5%
NH Asian/Pac.Isl.
20%
15%
12%
110/0
15%
15%
NH Native Amer.
2%
1%
1 1%
1%
2%
1 2%
Total
14,389
13,786
15,415
15,430
15,196
74,217
Hisp
21%
27%
22%
221/o
29%
24%
Citizen Voting Age Pop
NH White
55%
56%
63%
65%
49%
58%
NH Black
5%
6%
5%
5%
8%
6%
Asian/Pac.Isl.
17%
11%
91/0
8%
14%
12%
Native Amer.
2%
1%
1 0%
1%
1%
1 1%
Total
13,324
12,044
14,301
14,777
11,568
66,014
Latino est.
22%
24%
18%
19%
26%
21%
Voter Registration
Spanish -Surnamed
20%
22%
16%
17%
24%
20%
(Nov
2020)
Asian -Surnamed
4%
3%
3%
3%
2%
3%
Filipino -Surnamed
3%
2%
2%
2%
3%
2%
NH White est.
66%
67%
74%
75%
63%
70%
NH Black
5%
6%
6%
4%
8%
6%
Total
11,189
9,990
12,292
12,678
9,268
55,417
Latino est.
22%
22%
17%
17%
24%
201/o
Voter Turnout (Nov
Spanish -Surnamed
20%
21%
16%
16%
22%
19%
2020)
Asian -Surnamed
4%
3%
3%
3%
2%
3%
Filipino -Surnamed
3%
2%
2%
2%
3%
2%
NH White est.
66%
67%
74%
75%
63%
70%
NH Black
5%
6%
6%
4%
8%
6%
Total
6,774
5,855
8,245
8,345
5,454
34,673
Latino est.
18%
20%
15%
14%
21%
17%
Spanish -Surnamed
17%
18%
14%
14%
19%
16%
Voter Turnout (Nov
2018)
Asian -Surnamed
3%
2%
2%
2%
2%
2%
Filipino -Surnamed
2%
2%
1%
1%
2%
2%
NH White est.
70%
70%
76%
78%
67%
73%
NH Black est.
5%
6%
6%
4%
8%
1 5%
age0-19
34%
32%
34%
25%
30%
31%
Age
age20-60
53%
55%
50%
53%
56%
53%
age60plus
13%
13%
16%
21%
14%
16%
Immigration
immigrants
18%
18%
12%
14%
18%
16%
naturalized
68%
64%
69%
69%
54%
64%
english
75%
73%
84%
800/0
70%
76%
Language spoken at
spanish
11%
17%
10%
12%
20%
14%
home
asian-lang
9%
7%
5%
4%
7%
7%
other Lang
5%
2%
2%
4%
3%
3%
Language Fluency
Speaks Eng. "Less than
Very Well'
8%
9%
5%
6%
9%
7%
hs-grad
49%
50%
45%
47%
53%
49%
Education (among those
25+)
bachelor
24%
21%
25%
22%
18%
22%
age
graduatedegree
12%
11%
15%
14%
11%
13%
Child in Household
child-underl8
54%
46%
47%
36%
43%
45%
Pct of Pop. Age 16+
employed
65%
69%
65%
64%
68%
66%
income 0-25k
5%
10%
5%
10%
14%
90/0
income 25-50k
8%
15%
11%
12%
17%
13%
Household Income
income 50-75k
18%
16%
13%
16%
16%
16%
income 75-200k
53%
49%
56%
50%
44%
50%
income 200k-plus
16%
10%
16%
13%
9%
1 12%
single family
95%
77%
95%
94%
53%
82%
Housing Stars
multi -family
5%
23%
5%
6%
47%
18%
rented
24%
39%
21%
22%
62%
34%
owned
76%
1 61%
79%
78%
38%
66%
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).

City of Temecula
2021 Redistricting
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National Demographics Corporation January 10, 2022 Landmark Area Water Area
Currents
©2021 CALIPER

City of Temecula - Draft C
Category
Field
1 2
3 4
5 Total
Total Population
22,148
22,253
22,130
22,005
21,703
110,239
2020 Census
Population Deviation
100
205
82 -43
-345
550
Pct. Deviation

0.45%

0.93%

0.37%
-0.20%
-1.56%

2.49%
Hispanic/Latino
25%
28%
23%
291/o
34%
28%
NH White
45%
49%
60%
51%
42%
49%
Total Pop.

NH Black
6%
5%
4%
5%
6%
5%
NH Asian/Pac.Isl.
20%
15%
110/0
12%
15%
150/0
NH Native Amer.
2%
2%
1 1%
1%
2%
1 2%
Total
14,197
14,758
15,631
15,699
13,931
74,217
Hisp
211/6
26%
22%
25%
27%
24%
Citizen Voting Age Pop
NH White
55%
56%
66%
59%
52%
58%
NH Black
4%
6%
4%
6%
8%
6%
Asian/Pac.Isl.
17%
12%
89/o
100/0
12%
12%
Native Amer.
2%
1%
1 0%
0%
1%
1 1%
Total
13,102
13,256
14,915
13,816
10,925
66,014
Latino est.
22%
22%
17%
23%
24%
21%
Voter Registration
Spanish -Surnamed
20%
20%
15%
21%
22%
20%
(Nov
2020)
Asian -Surnamed
4%
3%
2%
3%
2%
3%
Filipino -Surnamed
3%
2%
1%
2%
3%
2%
NH White est.
66%
68%
76%
70%
66%
70%
NH Black
5%
6%
5%
5%
8%
6%
Total
11,001
11,130
12,882
11,599
8,805
55,417
Latino est.
22%
21%
16%
21%
22%
201/o
Voter Turnout (Nov
Spanish -Surnamed
20%
19%
15%
20%
20%
19%
2020)
Asian -Surnamed
4%
3%
2%
3%
2%
3%
Filipino -Surnamed
3%
2%
10/0
2%
3%
2%
NH White est.
66%
68%
76%
70%
66%
70%
NH Black
5%
6%
5%
5%
8%
6%
Total
6,645
6,733
8,823
7,382
5,090
34,673
Latino est.
19%
18%
14%
18%
19%
17%
Spanish -Surnamed
17%
17%
13%
17%
17%
16%
Voter Turnout (Nov
2018)
Asian -Surnamed
3%
2%
2%
2%
2%
2%
Filipino -Surnamed
3%
2%
1%
1%
2%
2%
NH White est.
70%
71%
79%
74%
70%
73%
NH Black est.
5%
6%
4%
5%
8%
5%
age0-19
34%
33%
31%
27%
32%
31%
Age
age20-60
53%
53%
500/0
54%
56%
53%
age60plus
13%
14%
20%
19%
13%
16%
Immigration
immigrants
18%
17%
12%
14%
18%
16%
naturalized
68%
68%
66%
68%
53%
64%
english
75%
76%
83%
76%
72%
76%
Language spoken at
spanish
11%
14%
11%
15%
19%
14%
home
asian-lang
9%
7%
4%
6%
7%
7%
other Lang
5%
3%
2%
4%
3%
3%
Language Fluency
Speaks Eng. "Less than
Very Well'
8%
9%
6%
6%
8%
7%
hs-grad
49%
47%
44%
50%
54%
49%
Education (among those
25+)
bachelor
24%
23%
25%
20%
18%
22%
age
graduatedegree
12%
13%
16%
12%
10%
13%
Child in Household
child-underl8
54%
51%
40%
38%
44%
45%
Pct of Pop. Age 16+
employed
65%
66%
63%
66%
70%
66%
income 0-25k
5%
7%
7%
11%
14%
90/0
income 25-50k
8%
12%
11%
13%
18%
13%
Household Income
income 50-75k
18%
14%
14%
16%
17%
16%
income 75-200k
53%
54%
55%
48%
42%
50%
income 200k-plus
16%
13%
14%
12%
8%
1 12%
single family
95%
91%
96%
829/o
49%
82%
Housing Stars
multi -family
5%
9%
4%
18%
51%
18%
rented
24%
29%
19%
37%
60%
34%
owned
76%
1 71%
81%
63%
40%
66%
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).

Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: January 25, 2022
SUBJECT: Adopt Ordinance Amending Title 15 and Title 17 of the Temecula Municipal Code Pertaining to (1) Large Family Daycare Homes, (2) Clarify the Standards that Apply to Senior Housing, Transitional Housing, Supportive Housing, Emergency Shelters, Trash Enclosures, Self -Storage or Mini -Warehouse Facilities and to Projects Using the Affordable Housing Overlay Zone, (3) Establish Standards and Requirements for Dedications and Improvements for Developments Without a Subdivision, (4) Update How Development Impact Fees Can Be Used, (5) Clarify Where Artificial Turf Can Be Installed, and (6) Make Minor Typographical Edits and Finding the Ordinance to be Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061 (b)(3) PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled:

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 15 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO (1) COMPLY WITH

STATE LAW CHANGES TO LARGE FAMILY DAYCARE
HOMES, (2) CLARIFY THE STANDARDS THAT APPLY TO

SENIOR HOUSING, TRANSITIONAL HOUSING,

SUPPORTIVE HOUSING, EMERGENCY SHELTERS, TRASH

ENCLOSURES, SELF -STORAGE OR MINI -WAREHOUSE

FACILITIES AND TO PROJECTS USING THE AFFORDABLE
HOUSING OVERLAY ZONE, (3) ESTABLISH STANDARDS

AND REQUIREMENTS FOR DEDICATIONS AND

IMPROVEMENTS FOR DEVELOPMENTS WITHOUT A
SUBDIVISION, (4) UPDATE HOW DEVELOPMENT IMPACT
FEES CAN BE USED, (5) CLARIFY WHERE ARTIFICIAL
TURF CAN BE INSTALLED, AND (6) MAKE MINOR

TYPOGRAPHICAL EDITS AND FINDING THAT THIS

ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINES SECTION 15061 (B)(3)

SUMMARY OF
ORDINANCE: An Ordinance amending Title 15 and Title 17 of the Temecula Municipal Code related to (1) comply with state law changes to large family daycare homes, (2) clarify the standards that apply to senior housing, transitional housing, supportive housing, emergency shelters, trash enclosures, self -storage or mini -warehouse facilities and to projects using the affordable housing overlay zone, (3) establish standards and requirements for dedications and improvements for developments without a subdivision, (4) update how development impact fees can be used, (5) clarify where artificial turf can be installed, and (6) make minor typographical edits.

BACKGROUND: The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, make corrections and to make necessary additions. The proposed amendments to the Temecula Municipal Code include amendments to Title 15 (Building and Construction) and Title 17 (Zoning). The proposed amendments are not substantial policy changes and do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Municipal Code. Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 of the Temecula Municipal Code. On December 1, 2021, the Planning Commission adopted resolution number 2021-41 recommending that the City Council adopt the proposed amendments to Title 15 and Title 17.

Listed briefly below are the proposed changes to Title 15 and Title 17 of the Municipal Code.

1. Updates to Senior Housing/Congregate Care Facilities. The proposed changes further clarify development requirements for Senior Housing/Congregate Care Facilities within the Public/Institutional zoning district.

2. Updates to transitional housing, supportive housing, and emergency shelters. The State of California passed Assembly Bill 139 ("AB 139") which adjusts how a city may regulate transitional and supportive housing. Additionally, the City's 5th and 6th Cycle Housing Element require the City to update the Municipal Code to comply with state law. The proposed changes require the City to treat supportive and transitional housing in a manner that is similar to a single- family residence.

3. Updates to emergency shelters. The State of California passed AB-139 which adjusts how a city may regulate emergency shelters. Additionally, the City's 5th and 6th Cycle Housing Element require the City to update the Municipal Code to comply with state law. The proposed changes require robust standards for emergency shelters, which include occupancy standards, lighting, spacing, staffing ratios, security personnel requirements, among several other requirements that allow the City to ensure that emergency shelters are operated in safe manner.

4. Updates to trash enclosures. Trash enclosures are required for new residential, commercial, and industrial development. Staff has received feedback from our Code Enforcement team that illegal waste dumping and illegal access to trash enclosures are becoming more common.

Additionally, federal and state water quality standards require pollutants to be addressed from trash enclosures. The proposed changes will impose standards that enhance safety, reduce illegal entry/dumping, reduce potential pollutants, and provide consistency to applicants that are building trash enclosures within the City of Temecula.

5. Updates to self -storage or mini -ware house facilities. The proposed changes further clarify existing requirements.

6. Updates to projects using the Affordable Housing Overlay Zone. The proposed changes reinforce Affordable Housing Overlay Zone requirements for properties located within the Public/Institutional zoning district.

7. Updates to Large Family Daycare facilities. The State of California passed Senate Bill 234 ("SB-234") which removed zoning permit and business license requirements for Large Family Daycare facilities. The proposed changes consolidate Small and Large Family Daycare facilities into one use and further clarifies that these uses are permitted by right. Staff has confirmed that licensing and inspections will still occur through the State of California and the Fire Prevention Division.

8. Updates to Accessory Dwelling Unit Language. The proposed change removes antiquated "Secondary Dwelling Unit" language from the Municipal Code. The changes also further clarify the components of a kitchen.

9. Updates to artificial/synthetic turf. The proposed changes re -affirm that artificial/synthetic turf is not a plant. The changes further clarify that artificial/synthetic turf is permitted for bona fide recreational facilities and single-family homes.

10. Updates to Title 15 establishing standards and requirements for dedications and improvements for developments without a subdivision as well as language to update how development impact fees can be used.

FISCAL IMPACT: The proposed ordinance does not have a direct fiscal impact, if adopted.

ATTACHMENTS: 1. Ordinance

2. Planning Commission Agenda Report

3. Planning Commission Resolution No. 2021-41

4. Notice of Public Hearing

5. Notice of Exemption

ORDINANCE NO.2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 15 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO (1) COMPLY WITH

STATE LAW CHANGES TO LARGE FAMILY DAYCARE
HOMES, (2) CLARIFY THE STANDARDS THAT APPLY TO

SENIOR HOUSING, TRANSITIONAL HOUSING,

SUPPORTIVE HOUSING, EMERGENCY SHELTERS,

TRASH ENCLOSURES, SELF -STORAGE OR MINI -

WAREHOUSE FACILITIES AND TO PROJECTS USING
THE AFFORDABLE HOUSING OVERLAY ZONE, (3)

ESTABLISH STANDARDS AND REQUIREMENTS FOR

DEDICATIONS AND IMPROVEMENTS FOR
DEVELOPMENTS WITHOUT A SUBDIVISION, (4)

UPDATE HOW DEVELOPMENT IMPACT FEES CAN BE
USED, (5) CLARIFY WHERE ARTIFICIAL TURF CAN BE
INSTALLED, AND (6) MAKE MINOR TYPOGRAPHICAL

EDITS AND FINDING THAT THIS ORDINANCE IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15061 (B)(3)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that:

A. City staff identified the need to make minor revisions and clarifications to portions of Title 15 (Building and Construction), and Title 17 (Zoning) of the Temecula Municipal Code.

B. The code amendments are being made to address changes in State law where the City is now preempted from regulating large day care homes. In addition, this Ordinance amends the code to address and reflect the City's standard pattern and practice with respect to (1) improvements for developments without subdivisions (2) use of development impact fees, (3) the standards that apply to senior housing, transitional housing, supportive housing, emergency shelters, trash enclosures, and self -storage or mini -warehouse facilities, and (4) the standards that apply to projects in the Affordable Housing Overlay Zone. The code amendment also reaffirms when artificial turf can be installed and amends the definition of accessory dwelling units and junior accessory dwelling units. Finally, the code amendment makes minor typographical edits to the code.

C. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Ordinance") on December 1, 2021, at a duly noticed public hearing as prescribed by law, at which time the City staff and

interested persons had an opportunity to and did testify either in support of or opposition to this matter.

D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2021-41, recommending that the City Council approve the code amendments.

E. The City Council, at a regular meeting, considered the Ordinance on , 2022, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.

F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:

1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.

The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes to family day care homes are required by recent state legislation that requires all day care facilities to be treated as any other residential use would be treated. The proposed revisions to transitional and supportive housing clarify the standards that apply to these uses and are required to adhere to state law in compliance with Housing Program #3 of the Housing Element of the City's General Plan.

Standards for emergency shelters are in Compliance with Housing Program #2 of the Housing Element. All other proposed amendments are minor clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan.

2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the general plan.

The proposed changes to family day care homes are consistent with Goal 5 of the Growth Management/Public Facilities element of the Temecula General Plan, which is to ensure "Public and quasi -public facilities and services that provide for the social, cultural, civic, and religious, and recreational needs of the community." As a quasi -public facility, day care homes provide needed services to residents who may require day care services. For transitional, supportive, and emergency shelter facilities, Housing Element Policy 2.4 of the General Plan states, "Pursue all available forms of private, local, state, and federal assistance to support development and implementation of the City's housing programs." The proposed changes related to senior housing are supported by Housing Element Policy 5.3 of the General Plan that states, "Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly..." The remaining proposed amendments to the Temecula Municipal Code are minor 2 clarifications and typographical edits and do not result in a contrary policy direction, or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan.

3. The proposed use is to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.

The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes to family day care homes are required by recent state legislation that requires all day care facilities to be as treated as any other residential use would be treated. Changes to transitional and supportive housing are required to adhere to state law in compliance with Housing Program #3 of the Housing Element of the City's General Plan. Standards for emergency shelters are in Compliance with Housing Program #2 of the Housing Element. The proposed changes related to senior housing are supported by Housing Element Policy 5.3 of the General Plan that states, "Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly..." All other proposed amendments are clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan.

Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Municipal Code amendments would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Municipal Code amendments are minor policy changes, changes required by state law or revisions that reflect the City's standard practice and patterns, and clarifications or typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines.

Section 4. Table 17.03.010 (Planning and Zoning Approval Authority) of Section

17.03.010 (Purpose and intent) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.03.010 remaining unchanged:

Table 17.03.010
Planning and Zoning Approval Authority
Application
Administrative
Planning
Planning
City
Approval
Director
Commission
Council
General plan amendment
Recommendation)
X1
Zoning amendment: text
1 Recommendation
X1
changes
Zoning amendment: map
Recommendation)
X1
changes
3 Zoning amendment: specific
plan, includes specific plan
amendments
Recommendation'
X1
Conditional use permit—
existing building
1 2
X
Conditional use permit with a
development plan
1 2 3
X ° °
1 3
X
Development plan
(10,000 sq. ft. or greater)
X i
Development plan
(less than 10,000 sq. ft.)
X1
Major modifications
X2°4
X IA
Minor modifications
X2
Administrative development
plan
X2
Home occupation plan
X2
day heffie
X
-
-
�family eaf:e
y
Minor exceptions
X2
Sign permits
X2
Sign programs, including sign
program modifications
X2
Temporary use permits
X2
Variance
X1
Seeendafy '
Accessory Dwelling Unit
Xs
Hillside development permit
X1
Section 5. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.030 remaining unchanged:

Table 17.06.030
Residential Districts
Description of Use I HR I RR I VL I L- I L- I LM I M H HR-SMy 1 2

Residential
Single-family detached
P
P
P
P
P
P
P
-
P
Duplex (two-family dwellings)
-
-
-
-2
-2
-2
P
P
-
Single-family attached (greater than
P
P
P
two units)
Multiple -family
-
-
-
-
-
-
P
P
-
Manufactured homes
P
P
P
P
P
P
P
P
P
Mobilehome park
-
-
C8
C
C
C
C
C
-
Facilities for the mentally disordered,
disabled, or dependent or neglected
P
P
P
P
P
P
P
P
P
children (six or fewer)
Facilities for the mentally disordered,
disabled, or dependent or neglected
C
C
C
C
C
C
P
P
C
children (seven to twelve)
Alcoholism or drug abuse recovery or
P
P
P
P
P
P
P
P
P
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or
C
C
C8
C
C
C
P
P
C
treatment facility (seven or more)
Description of Use (residential
HR
RR
VL
L
L
LM
M
H
HR-SM9
continued)
1 2
Residential care facilities for the
P
P
P
p
P
P
P
P
P
elderly (six or fewer)
Residential care facilities for the
C
C
C
C
C
C
P
P
C
elderly (seven or more)
Residential care facilities (six or
P
P
P
P
P
P
P
P
P
fewer)
Residential care facilities (seven or
C
C
C
C
C
C
C
P
C
more)
Congregate care residential facilities
_
P
P
p
p
for the elderly
Rooming and boarding house
-
-
-
-
-
-
C
C
-
Accessory dwelling units
P
P
P
P
P
P
P
P
P
Guest house
P
P
P
P
P
P
P4
P4
P
Family day care homes —small and
P
P
P
P
P
P
P
P
P
large
Family cafe iefnes_ -crrgc}
P
P
P
P
P
P
P
P
P

Day care centers
C
C
C
C
C
C
C
C
C
Bed and breakfast establishments
C
C
C
C
C
C
C
C
C
Emergency shelters
C
C
C8
C
C
C
P
P
C
Transitional housing i
G P
—
G
P
Es
P
C
P
C
P
EP
—
P
P
EP
—
Supportive housing'2
EP
G
P
C-
P
C
P
C
P
EP
P
P
EP
Efficiency units
-
-
-
-
-
-
P
P
-
Nonresidential
Agriculture/open space uses6
P
P
P
P
P
P
P
P
C
Religious institutions
C
C
C
C
C
C
C
C
C
Public utility facilities
C
C
C
C
C
C
C
C
C
Educational institutions
C
C
C
C
C
C
C
C
C
Libraries
C
C
C,
C
C
C
C
C
-
Commercial marijuana activity
-
-
-
-
-
-
-
-
-
Marijuana cultivation10
-
-
-
-
-
-
-
-
-
Medical marijuana dispensaries
-
-
-
-
-
-
-
-
-
Museums and art galleries (not for
profit)
C
C
C8
C
C
C
C
C
-
Kennels and catteries6
C
C
C
-
-
-
-
-
-
Noncommercial keeping of horses,
cattle, sheep and goats
P
P
P
P
P
-
-
-
P
Temporary real estate tract offices
P
P
P
P
P
P
P
P
P
Recreational vehicle storage yard
-
C
C8
C
C
C
C
C
-
Parking for commercial uses
-
-
-
-
-
-
P
P
-
Nonprofit clubs and lodge halls
-
-
-
-
-
-
P
P
-
Convalescent facilities
-
-
-
-
-
-
P
P
-
Golf courses
C
C
C8
C
C
C
C
C
-
Home occupations
P
P
P
P
P
P
P
P
P
Construction trailers',6
P
P
P
P
P
P
P
P
P
Short-term rentals
-
-
-
-
-
-
-
-
-
Notes:

12. Transitional housingand nd supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

Section 6. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L- 1, L-2, LM, M and H Zoning District) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.050A remaining unchanged:

Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure
Carports
Detached guest
house
Garage
Storage/utility
enclosure
Swimming pool
Swimming pool
equipment
Spa
Antennas
Gazebo/garden
structure
Solar collector
(ground mounted)
Decks not too ee
gre (not to exceed
36 inches above the
round
Front Yard
Not permitted
Not permitted in the
actual front yard'
20 ft. (Entrance faces
street)
10 ft. (Entrance from
side not facing front
yard)
Not permitted
Not permitted
Not permitted
Not permitted
Not permitted
Not permitted
Not permitted in front
yard
Not permitted
Rear Yard
5 ft. min. for support
columns
Refer to the rear yard
setbacks in Table

17.06.040
5 ft. min., but no less
than 15 ft. from
centerline of alley
3 ft.
5 ft. to water's edge
3 ft.
3 ft. to water's edge
5 ft.
5 ft.
1n 44 n;,-.
5 ft. min.

Interior Side Yardl
5 ft. min. for support
columns
Refer to the side yard
setbacks in Table

17.06.040
5 ft. min.
3 ft.
5 ft. to water's edge
3 ft.
3 ft. to water's edge
5 ft.
5 ft. if interior side
yard 10 ft. if street
side yard on corner
lot
1n4 n;r
5 ft. min.

Must meet district development standards (i.e. setbacks, height, coverage, etc.)
7 Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yardl
Patio covers
15 ft.
5 ft. min.
5 ft. min.
measured at vertical
supports
Section 7. Subsection "I" (Family Day Care Home Facilities) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted in its entirety, with all other provisions of Section 17.06.050 remaining unchanged.

Section 8. Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to change any reference to the terms "Alcoholism and/or drug treatment facility" or "Alcoholism or drug treatment facility" to "Alcoholism or drug abuse recovery or treatment facility".

Section 9. Subsection "M" of Section 17.10.020 (Supplemental development standards) of Chapter 17.10 (Supplement Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section

17.10.020 remaining unchanged:
"M. Senior Housing/Congregate Care Facilities. Senior housing and congregate care facilities are permitted in the zoning districts identified in the land use tables, subject to the approval of a development plan. Senior housing and congregate care facilities shall comply with the following:

1. Senior housing shall comply with all the provisions of the development code, unless modified by the following provisions:
a. The maximum densities for senior housing are as follows:
i. In the high density residential zoning district and the community commercial, highway tourism, service commercial, public/institutional district, and professional office zoning districts, the maximum density shall be thirty units per acre.
ii. In the medium density residential zoning district and the neighborhood commercial zoning district, the maximum density shall be twenty units per acre.
iii. In the low medium residential zoning district, the maximum density shall be eight units per acre.
b. The net livable area for each dwelling unit shall not be less than four hundred square feet for an efficiency unit, five hundred fifty square feet for a one -bedroom unit, and seven hundred square feet for a two -bedroom unit. Kitchenettes may be

permitted, provided they are sized to meet the immediate needs of the occupants of the unit.
c. Senior housing shall comply with the requirements for senior housing developments set forth in Civil Code Section 51.3 et seq.

2. Congregate care projects shall comply with all the provisions of the development code unless modified by the following provisions:
a. The maximum densities for congregate care facilities are not limited specifically to density requirements so long as all the site development standards are met (i.e., required setbacks, parking, landscaping, open space, etc.). b. The disabled units shall comply with the standards set forth in Title 24 of the California Code of Regulations.

3. The provisions of this subsection shall apply to all approved specific plans within the city of Temecula, unless the specific plan contains specific standards for the type of housing being considered."
Section 10. Subsection "N" of Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.10.020 remaining unchanged:
"N. Self -Storage or Mini -Warehouse Facilities.

1. Development Standards. The following standards shall be applied to all new self - storage or mini -warehouse facilities:
a. The design of the facility shall be compatible with the surrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited;
b. In commercial zoning districts the rear and side yard setbacks shall be a minimum of ten feet. In industrial zoning districts no rear or side yard setbacks are required. The director of planning may increase the setbacks to a maximum of twenty-five feet when adjacent to an existing residential development project. The front yard setback shall maintain the setback for the underlying zoning classification;
c. The maximum lot coverage and floor area ratio (FAR) shall be sixty-five percent;
d. The development site shall provide a minimum of ten percent landscaped open space for a project within commercial districts. In industrial districts, the total landscaping shall be equal to the required setback areas. No interior landscaping is required, but the setback areas shall be landscaped; e. A manager's residential unit may be provided, but is not required; f. Required parking spaces may not be rented as, or used for, vehicular storage.

However, additional parking area may be provided for vehicles, boats, buses, trailers, etc., provided that the storage area is adequately screened from public

view with enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate by the director.

2. Performance and Use Regulations.
a. Any business activity, other than rental of storage units, including the on -site sale of merchandise or garage sales, and transfer/storage businesses which utilize vehicles as part of the business is prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted. b. Storage units shall not be used for the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals. c. Truck or vehicle rental is prohibited without obtaining all necessary approvals subject to the development code schedule of permitted uses." Section 11. A new Subsection "R" is hereby added to Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other provisions of Section

17.10.020 remaining unchanged:
"R. Emergency Shelters.

Emergency shelters shall be allowed in accordance with the land use table for the specific zone and provided that the following development standards are met:

1. The minimum floor area per occupant shall beat least one hundred fifty (150) square feet and the maximum number of occupants to be served at any given time shall not exceed fifty (50).

2. A minimum distance of three hundred feet (300') shall be maintained from any other emergency shelter.

3. The maximum stay per occupant at the facility shall not exceed ninety (90) days in a three hundred sixty five (365) day period.

4. On site client waiting and intake areas shall be located inside the building and shall be screened from public and private property where feasible. If not feasible, an exterior waiting area shall be provided that (a) contains a minimum of ten (10) square feet per bed provided at the facility; (b) is in a location not adjacent to the public right of way; and (c) is visibly separated from public view by a minimum six foot (6) tall visual screening.

5. A minimum of one employee per fifteen (15) beds shall be on duty and remain on site during operational hours whenever clients are on the site. Licensed security personnel shall also be provided during operational hours whenever clients are on the site and when people are waiting outside the facility. The licensed security personnel shall be in addition to the minimum employee requirement set forth above.

6. Exterior lighting shall be provided for the entire outdoor area of the site, and shall be stationary, shielded, and directed away from adjacent properties and public rights of way. Lighting should be provided at a minimum illumination of one footcandle across parking areas and two footcandles at entrances.

7. A minimum of one parking space for every ten (10) beds, plus one-half (1/2) parking space for each bedroom designated for families with children, plus one parking space for each 10 employee/volunteer on duty, shall be maintained. The number of parking spaces may be reduced by twenty-five percent (25%) if the shelter is located within one thousand feet (1,000') of a public transit stop. Bicycle rack parking shall also be provided at the facility.

8. The facility may provide the following services and facilities to clients in a designated area separate from the sleeping areas:
a. A recreation area either inside or outside the shelter. If located outside, the area shall be screened from public view with landscaping.
b. A counseling center for job placement, educational, healthcare, legal, or mental health services.
c. Laundry facilities to serve the occupants at the shelter. d. A kitchen for the preparation of meals.
e. A dining hall.
f. Client storage areas (i.e., for the overnight storage of bicycles and personal items).

9. The operator of the facility shall provide, at the city's request, an annual report of the use of the facility and determination of compliance with the city's development standards for the use.

10. A management plan shall be submitted to be reviewed, approved, and enforced by the director of community development. The management plan shall be approved before issuance of a building permit (including those building permits solely utilized for occupancy only). The management plan shall be comprehensive and shall address, at a minimum, hours of operation, eligibility requirements, admission hours and process, staff training, case management, neighborhood outreach and privacy, resident counseling and treatment, maintenance plans, residency and guest rules and procedures including rules pertaining to drugs, alcohol, tobacco, weapons and fraternization, staffing and volunteer needs, including job descriptions, procedures related to families with children, policies related to personal effects, disciplinary procedures, safety policy, grievance procedures, and emergency preparedness plan." Section 12. A new Subsection "S" is hereby added to Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other provisions of Section

17.10.020 remaining unchanged:
"S. Trash Enclosures
Trash enclosures shall be designed in a manner that incorporates the following requirements:

1. Trash enclosures shall be designed in a size, manner, and location that is approved by the City's trash purveyor and the City.

2. Trash enclosures shall be designed in accordance with the City's most recent design standards.

3. Trash enclosures shall incorporate architectural design features from the surrounding architecture, including finishes, roofing, and colors.

4. Trash enclosures shall incorporate a solid (non -permeable) roof and working interior illumination (a minimum of one foot candle throughout the interior).

IF

5. Trash enclosures shall have working locking mechanisms on all access gates, including pedestrian access gates, that shall remain locked and accessible only to authorized users (residents, commercial tenants, etc.) during times when pick-up service is not scheduled.

6. Trash enclosures shall have anti -dumping design features incorporated into the design of the trash enclosure, which prevent (a) the transfer of materials over or around the trash enclosure, and (b) the unauthorized entry into any portion of the trash enclosure or unauthorized dumping. Anti -dumping features must be designed in complimentary design manner to the existing or proposed building, and shall not include chain link fence, razor wire, or barbed wire.

7. When required by the Public Works Department, the trash enclosures shall have a drain that is tied into the sewer purveyor and designed to the sewer purveyor's standards.

8. When required by the Public Works Department, trash enclosures shall have a functioning hose bib located within the interior of the trash enclosure to keep the trash enclosure free of potential pollutants. The hose bib shall have a detachable key and/or locking mechanism. The hose bib shall be designed in a manner where the hose bib is protected from damage occurring from normal operations by location or another physical barrier.

9. Upgrades to existing trash enclosures may be required as determined by the Public Works Director, based upon the scope of tenant improvements to an existing building, building additions or other similar modifications. Tenant improvements at restaurants, automobile repair facilities, and other uses with a higher likelihood of pollutants will require upgrades to the existing trash enclosures." Architectural Roof
s
- ` Durable Doors
with Locking -
Anti -dumping r� Mechanism
l��ls. r
Features
Matching Building
Finishes(Stucco,
Brick, Etc.)

SAWLE TRASH ENCLOSURE
Section 13. Note 4 of Table 17.12.030 (Schedule of Permitted Uses— Public/Institutional Districts.) of Section 17.12.030 (Use Regulations) of Chapter 17.12 (Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby 12 amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.12.030 remaining unchanged:
"4. Residential, multiple -family housing shall be allowed in the PI zone only if W the affordable housing overlay (AHO) applies to the property, (2) the proposed development complies with all of the requirements of the High Density Residential District Standards outlined in Table

17.06.040 (Development Standards — Residential Districts) of Section 17.06.040 (Development Standards) and (33,) the proposed development complies with all requirements of Chapter 17.21." Section 14. Table 17.12.040 (Development Standards — Public Institutional Districts) of Section 17.12.040 (Development Standards) of Chapter 17.12 (Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new note 1 to read as follows (with additions appearing in underlined text):

GG
Table 17.12.040
Development Standards—Public/Institutional Districts
Development Standard'
PI District
Minimum lot size
7,000 sq. ft.

Minimum lot width
50 ft.

Minimum lot depth
100 ft.

Maximum lot coverage
35%
Floor area ratio

0.3 Setbacks':

Front yard
20 ft.

Interior side yard
5 ft.

Street side yard
15 ft.

Rear yard
15 ft.

Rear yard —adjacent to alley or street
20 ft.

Minimum landscape coverages
25%
Note:

1. Residential. multiple-familv housing utilizing the affordable housing overlav (AHO) shall comply with all of the requirements of the High Density Residential District Standards outlined in Table 17.06.040 (Development Standards — Residential Districts) of Section 17.06.040 (Development Standards) and the development shall comply with all reauirements of Chapter

17.21."
Section 15. Table 17.22.116 (Schedule of Permitted Uses Margarita Road Planned Development Overlay District-2) of Section 17.22.116 (Use regulations.) of Chapter 17.21 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and 13 additions appearing in underlined text), with all other provisions of Table 17.22.116 remaining unchanged:

Table 17.22.116
Schedule of Permitted Uses
Margarita Road Planned Development Overlay District-2
Description of Use
PDO-2
Residential
Single-family detached
P1
Duplex (two-family dwellings)
P1
Single-family attached (greater than two units)
P
Multiple -family
P
Manufactured homes
P
Mobilehome park
-
Facilities for the mentally disordered, disabled or dependent or neglected children (six or fewer)
P
Facilities for the mentally disordered, disabled or dependent or neglected children (seven to twelve)
P
Alcoholism or drug abuse recovery or treatment facility (six or fewer) P
Alcoholism or drug abuse recovery or treatment facility seven or more P
Residential care facilities for the elderly (six or fewer) P
Residential care facilities for the elderly (seven or more) P
Congregate care residential facilities for the elderly
P
Boarding, rooming and lodging facilities
C
Secondary dwelling units
-
Guest house
P3
Family day care homes —small and large
P
Family y ea,.o > efne& 1arge
R
Day care centers
C
Bed and breakfast establishments
Emergency shelters
P
Transitional housing
P
Nonresidential
Agriculture/open space uses
P
Religious institutions
-
Public utility facilities
-
Educational institutions
-
Public libraries
C
Public museums and art galleries (not forprofit)
-
Kennels and catteries
-
Noncommercial keeping of horses, cattle, sheep and goats -
Temporary real estate tract offices
P
Recreational vehicle storage yard
CZ
14 Parking for commercial uses I-
Section 16. Section 17.23.020 (Definitions) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.020 remaining unchanged:
"Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. An Accessory dwelling unit contains a kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar. and/or dishwasher.
"Attached ADU" means an ADU that is constructed as a physical expansion (i.e. addition) of the primary dwelling and shares a common wall with the primary dwelling. "Detached ADU" means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling. "Existing structure" means an existing single-family dwelling or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law.
"Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A : u� nior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing_, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. "Primary dwelling", for purposes of this chapter, means the existing or proposed single- family dwelling on the lot where an ADU would be located. "Public transit", for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.20), as the same may be amended from time to time.

Section 17. Subsection "K" of Section 17.32.060 (Landscape Design Requirements.) of Chapter 17.32 (Water Efficient Landscape Design) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new number "9" to read as follows, with all other provisions of Section 17.32.060 remaining unchanged:
"9. Artificial/synthetic turf is not a permitted plant material in commercial, industrial, or mixed -use zones and/or multi -family projects. Green artificial turf may be permitted in commercial, industrial, and/or mixed -use zones or multi -family projects when utilized for bona fide recreational facilities such as a sports field. Green artificial/synthetic turf is a permitted non - plant material for single family homes when used in place of a lawn or other landscaped area of the home."
15 Section 18. The Temecula Municipal Code is hereby amended to add a new Chapter

15.07 (Dedications and Improvements Where No Subdivision is Involved) to Title 15 (Buildings and Construction) which shall read as follows:
"Chapter 15.07 Dedications and Improvements Where No Subdivision is Involved

15.07.010 Purpose.

15.07.020 Dedications required.

15.07.030 Design of public improvements and security.

15.07.040 Deferrals of Public Improvement Requirements.

15.07.050 Exemption for Expansion of Existing Single Family Homes.

15.07.010 Purpose.

The purpose of this chapter is to establish standards and requirements for dedications and improvements in connection with the development of land in which no subdivision is involved.

15.07.020 Dedications required.

A. Applicants who propose new development within the city shall provide, by means of an offer of dedication or other appropriate conveyance as approved by the city attorney, the rights -of -way necessary for the construction of any street, trail, and/or bicycle path as shown on the circulation plan in the general plan or any supplemental document identified in the general plan, any applicable specific plan, or as otherwise required by the city engineer in connection with a land use entitlement pursuant to Title 17. Rights -of -way shall also be provided for improvements to existing facilities including rights -of -way for storm drains, trails, bicycle paths, or other required public facilities. All rights -of -way shall be accompanied by a title examination report and be free of all liens and encumbrances. Dedications required by this section shall be made before the issuance of a building permit for a subject property.

15.07.030 Design of public improvements and security.

A. Public Improvements. Applicants shall construct public improvements to city standards and shall comply with the requirements set forth in Section 16.30.080, with the following modifications:

1. Any reference to "tentative map" or "final or parcel map" is replaced with "land use entitlement"; and

2. Any reference to "subdivider" is replaced with "applicant" B. Security. Applicants are required to guarantee the construction of public improvements by executing an improvement agreement secured by a bond or cash deposit before issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The city engineer is authorized to execute agreements on behalf of the city. The improvement agreement and security 16 shall comply with the requirements set forth in Section 16.30.100 (A) through (E) with the following modifications:

1. Any reference to "subdivision improvement agreement" is replaced with "improvement agreement";

2. Any reference to "subdivider" is replaced with "applicant";

3. The reference in Section 16.30.100(B) to agreements being executed by "those parties executing the final or parcel map" shall be replaced with "the applicant"; and

4. The reference in Section 16.30.100(C) to "final tract map, parcel map waiver, lot line adjustment, or lot merger" is replaced with "land use entitlement".

15.07.040 Deferrals of Public Improvement Requirements.

Any required frontage improvements may be deferred when deemed appropriate by the city engineer. Deferral shall be allowed only when the city engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the applicant shall enter into an agreement with the city for the installation of all frontage improvements at a future date as determined by the city engineer. The agreement shall be approved by the city attorney. The agreement shall provide for the following:

A. Construction of required improvements shall begin within ninety (90) days of the receipt of notice to proceed from the city engineer;
B. In the event of default by the applicant or successors, the city is authorized to cause the construction to be done and charge the entire cost and expense to the applicant or successors, including interest from the date of notice of the cost and expense until paid; C. The agreement shall be recorded with the county recorder, at the expense of the applicant, and shall constitute:

1. Notice to all successors of title to the real property of the obligation; and

2. A lien in an amount to fully reimburse the city for the cost of constructing the improvements, including interest as outlined above, subject to foreclosure in the event of default in payment.

D. In the event of litigation caused by a default of the applicant or successors, the applicant or successors agree to pay all costs involved, including reasonable attorney's fees, which shall become a part of the lien against the real property; E. The term "applicant" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it: and F. Other provisions deemed necessary by the city engineer.

15.07.050 Exemption for Expansion of Existing Single Family Homes.

A. The following developments shall be exempt from the requirements of this chapter to construct street improvements:

The addition, enlargement, expansion, alteration, extension, reconstruction or replacement of any existing single family dwelling and/or accessory 17 structure up to a maximum increase in square footage of 25% to the existing dwelling or structure

2. The construction of an accessory dwelling unit up to 1,200 square feet in size.

3. The development of non -habitable accessory structure(s) as provided for under Section 17.06.050 of this Chapter 17.06 (Residential Districts).

B. A development that is exempt from the requirement to construct street improvements as provided for in this section shall remain subject to the requirement to provide the city with an irrevocable offer of dedication for the ultimate street right-of-way for any addition, enlargement, expansion, alteration, extension, reconstruction or replacement of an existing single family dwelling and/or habitable accessory structure regardless of size.

C. No exemption from the requirement to construct street improvements shall be granted if the city engineer determines that the lack of street improvements in this case would be a potential danger to the public health, safety, and welfare." Section 19. Section 15.06.060 (Use of Funds.) of Chapter 15.06 (Public Facilities Development Impact Fee) of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby renamed "Accounting and Use of Development Impact Fees, and amended in its entirety to read as follows:
"The City shall establish separate accounts for each category of development impact fee established by the City Council and deposit development impact fees collected into the appropriate account. The money deposited into these accounts, and any interest earnings thereon, shall be used solely for the public improvements, public services, and community amenities for which the development impact fees were imposed. Development impact fees may be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the City to finance such improvements, services and amenities." Section 20. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

Section 21. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

Section 22. Effective Date. This Ordinance shall take effect thirty (30) days after passage.
18 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of January, 2022.

ATTEST:

Randi Johl, City Clerk
[SEAL]
19 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 Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 251h day of January, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
20 Randi Johl, City Clerk

STAFF REPORT — PLANNING

CITY OF TEMECULA

PLANNING COMMISSION
TO: Planning Commission Chairperson and members of the Planning Commission
FROM: Luke Watson, Deputy City Manager
DATE OF MEETING: December 1, 2021
PREPARED BY: Brandon Rabidou, Case Planner

PROJECT
SUMMARY: Long Range Planning Project Number LR20-1223, a resolution of the Planning Commission of the City of Temecula recommending that the City Council adopt an ordinance entitled, "An ordinance of the City Council of the City of Temecula amending Titles 15 and 17 of the Temecula Municipal Code to (1) comply with state law changes to large family day care homes, (2) clarify the standards that apply to senior housing, transitional housing, supportive housing, emergency shelters, trash enclosures, self -storage or mini -warehouse facilities and to projects using the affordable housing overlay zone, (3) establish standards and requirements for dedications and improvements for developments without a subdivision, (4) update how development impact fees can be used, (5) clarify where artificial turf can be installed, and (6) make minor typographical edits and finding that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15061 (b)(3)"
RECOMMENDATION: Adopt a Planning Commission Resolution recommending that the City Council adopt the proposed Ordinance.

CEQA:

Categorically Exempt
Section 15061 (b)(3)

BACKGROUND SUMMARY
The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, make corrections and to make necessary additions. The proposed amendments to the Temecula Municipal Code include amendments to Title 15 and Title 17. The proposed amendments are not substantial policy changes and do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the

Municipal Code. Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 (Development Code) of the Temecula Municipal Code. As such, this staff report only addresses proposed amendments to Title 17 of the Temecula Municipal Code.

The remaining proposed amendments to Title 15 will be considered by the City Council. The proposed amendments to the other title of the Temecula Municipal Code are included in the attached draft Ordinance for the Planning Commission's review but are not reflected in this staff report. Listed briefly below are the proposed changes to Title 17 of the Municipal Code, each of which is discussed in greater detail below. Listed briefly below are the proposed changes to Title 17 of the Municipal Code.

1. Updates to Senior Housing/Congregate Care Facilities. The proposed changes further clarify development requirements for Senior Housing/Congregate Care Facilities within the Public/Institutional zoning district.

2. Updates to transitional housing, supportive housing, and emergency shelters. The State of California passed AB-139 which adjusts how a city may regulate transitional and supportive housing. Additionally, the City's 5th and 6th Cycle Housing Element require the City to update the Municipal Code to comply with state law. The proposed changes require the City to treat supportive and transitional housing in a manner that is similar to a single- family residence.

3. Updates to emergency shelters. The State of California passed AB- 139 which adjusts how a city may regulate emergency shelters. Additionally, the City's 5th and 6th Cycle Housing Element require the City to update the Municipal Code to comply with state law. The proposed changes require robust standards for emergency shelters, which include occupancy standards, lighting, spacing, staffing ratios, security personnel requirements, among several other requirements that allow the City to ensure that emergency shelters are operated in safe manner.

4. Updates to trash enclosures. Trash enclosures are required for new residential, commercial, and industrial development. Staff has received feedback from our Code Enforcement team that illegal waste dumping and illegal access to trash enclosures are becoming more common. Additionally, federal and state water quality standards require pollutants to be addressed from trash enclosures. The proposed changes will impose standards that enhance safety, reduce illegal entry/dumping, reduce potential pollutants, and provide consistency to applicants that are building trash enclosures within the City of Temecula.

5. Updates to self -storage or mini -ware house facilities. The proposed changes further clarify existing requirements.

6. Updates to projects using the Affordable Housing Overlay Zone. The proposed changes reinforce Affordable Housing Overlay Zone requirements for properties located within the Public/Institutional zoning district.
2 7. Updates to Large Family Daycare facilities. The State of California passed SB-234 which removed zoning permit and business license requirements for Large Family Daycare facilities. The proposed changes consolidate Small and Large Family Daycare facilities into one use and further clarifies that these uses are permitted by right. Staff has confirmed that licensing and inspections will still occur through the State of California and the Fire Prevention Division.

8. Updates to Accessory Dwelling Unit Language. The proposed change removes antiquated "Secondary Dwelling Unit" language from the Municipal Code. The changes also further clarify the components of a kitchen.

9. Updates to artificial/synthetic turf. The proposed changes re -affirm that artificial/synthetic turf is not a plant. The changes further clarify that artificial/synthetic turf is permitted for bona fide recreational facilities and single-family homes.

LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in The Press -Enterprise on November 18, 2021.

ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2021- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, changes required by state law or revisions that reflect the City's standard practice and patterns, and clarifications or typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines if the ordinance is adopted.

ATTACHMENTS: 1. Planning Commission Resolution

2. Exhibit A — Draft City Council Ordinance

3. Notice of Public Hearing

PC RESOLUTION NO. 2021-

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF TEMECULA RECOMMENDING THAT

THE CITY COUNCIL ADOPT AN ORDINANCE
ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA AMENDING TITLES 15
AND 17 OF THE TEMECULA MUNICIPAL CODE TO (1)

COMPLY WITH STATE LAW CHANGES TO LARGE
FAMILY DAY CARE HOMES, (2) CLARIFY THE

STANDARDS THAT APPLY TO SENIOR HOUSING,

TRANSITIONAL HOUSING, SUPPORTIVE HOUSING,

EMERGENCY SHELTERS, TRASH ENCLOSURES, SELF -

STORAGE OR MINI -WAREHOUSE FACILITIES AND TO

PROJECTS USING THE AFFORDABLE HOUSING
OVERLAY ZONE, (3) ESTABLISH STANDARDS AND

REQUIREMENTS FOR DEDICATIONS AND

IMPROVEMENTS FOR DEVELOPMENTS WITHOUT A
SUBDIVISION, (4) UPDATE HOW DEVELOPMENT
IMPACT FEES CAN BE USED, (5) CLARIFY WHERE
ARTIFICIAL TURF CAN BE INSTALLED, AND (6) MAKE

MINOR TYPOGRAPHICAL EDITS AND FINDING THAT

THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO CEQA GUIDELINES SECTION 15061 (B)(3)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:

A. City staff identified the need to make revisions and clarifications to portions of Title 17 (Zoning) and Title 15 (Buildings and Construction) of the Temecula Municipal Code.

B. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 17 (Zoning) and Title 15 (Building and Construction) of the Temecula Municipal Code on December 1, 2021, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter.

C. The proposed amendments to Title 17 are consistent with the City of Temecula General Plan, and each element thereof.

D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A".

E. All legal preconditions to the adoption of this Resolution have occurred.

Section 2. Further Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:

The Planning Commission, in recommending adoption of the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:

1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.

The proposed amendments to Title 15 & Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes to family day care homes are required by recent state legislation that requires all day care facilities to be treated as any other residential use would be treated. The proposed revisions to transitional and supportive housing clarify the standards that apply to these uses and are required to adhere to state law in compliance with Housing Program #3 of the Housing Element of the City's General Plan. Standards for emergency shelters are in Compliance with Housing Program #2 of the Housing Element. All other proposed amendments are minor clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan.

2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the general plan.

The proposed changes to family day care homes are consistent with Goal 5 of the Growth Management/Public Facilities element of the Temecula General Plan, which is to ensure "Public and quasi -public facilities and services that provide for the social, cultural, civic, and religious, and recreational needs of the community." As a quasi -public facility, day care homes provide needed services to residents who may require day care services. For transitional, supportive, and emergency shelter facilities, Housing Element Policy 2.4 of the General Plan states, "Pursue all available forms of private, local, state, and federal assistance to support development and implementation of the City's housing programs." The proposed changes related to senior housing are supported by Housing Element Policy

5.3 of the General Plan that states, "Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly..." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and typographical edits and do not result in a contrary policy direction, or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan.

3. The proposed use is to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.

The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes

to family day care homes are required by recent state legislation that requires all day care facilities to be as treated as any other residential use would be treated. Changes to transitional and supportive housing are required to adhere to state law in compliance with Housing Program 43 of the Housing Element of the City's General Plan. Standards for emergency shelters are in Compliance with Housing Program #2 of the Housing Element.

The proposed changes related to senior housing are supported by Housing Element Policy

5.3 of the General Plan that states, "Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly..." All other proposed amendments are clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan.

Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2021- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, changes required by state law or revisions that reflect the City's standard practice and patterns, and clarifications or typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance.

Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR20-1223, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference.

PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 st day of December 2021.

Gary Watts, Chairman
ATTEST:

Luke Watson
Secretary
[SEAL]

STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2021- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of December, 2021, by the following vote:

AYES: PLANNING COMMISSIONERS:

NOES: PLANNING COMMISSIONERS:

ABSTAIN: PLANNING COMMISSIONERS:

ABSENT: PLANNING COMMISSIONERS:

Luke Watson
Secretary

ORDINANCE NO.2021-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 15 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO (1) COMPLY WITH

STATE LAW CHANGES TO LARGE FAMILY DAY CARE
HOMES, (2) CLARIFY THE STANDARDS THAT APPLY TO

SENIOR HOUSING, TRANSITIONAL HOUSING,

SUPPORTIVE HOUSING, EMERGENCY SHELTERS,

TRASH ENCLOSURES, SELF -STORAGE OR MINI -

WAREHOUSE FACILITIES AND TO PROJECTS USING
THE AFFORDABLE HOUSING OVERLAY ZONE, (3)

ESTABLISH STANDARDS AND REQUIREMENTS FOR

DEDICATIONS AND IMPROVEMENTS FOR
DEVELOPMENTS WITHOUT A SUBDIVISION, (4)

UPDATE HOW DEVELOPMENT IMPACT FEES CAN BE
USED, (5) CLARIFY WHERE ARTIFICIAL TURF CAN BE
INSTALLED, AND (6) MAKE MINOR TYPOGRAPHICAL

EDITS AND FINDING THAT THIS ORDINANCE IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15061 (B)(3)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that:

A. City staff identified the need to make minor revisions and clarifications to portions of Title 15 (Building and Construction), and Title 17 (Zoning) of the Temecula Municipal Code.

B. The code amendments are being made to address changes in State law where the City is now preempted from regulating large day care homes. In addition, this Ordinance amends the code to address and reflect the City's standard pattern and practice with respect to (1) improvements for developments without subdivisions (2) use of development impact fees, (3) the standards that apply to senior housing, transitional housing, supportive housing, emergency shelters, trash enclosures, and self -storage or mini -warehouse facilities, and (4) the standards that apply to projects in the Affordable Housing Overlay Zone. The code amendment also reaffirms when artificial turf can be installed and amends the definition of accessory dwelling units and junior accessory dwelling units. Finally, the code amendment makes minor typographical edits to the code.

C. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Ordinance") on December 1, 2021, at a duly noticed public hearing as prescribed by law, at which time the City staff and

interested persons had an opportunity to and did testify either in support of or opposition to this matter.

D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2021-, recommending that the City Council approve the code amendments.

E. The City Council, at a regular meeting, considered the Ordinance on , 2021, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter.

F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.

Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:

1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.

The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes to family day care homes are required by recent state legislation that requires all day care facilities to be treated as any other residential use would be treated. The proposed revisions to transitional and supportive housing clarify the standards that apply to these uses and are required to adhere to state law in compliance with Housing Program #3 of the Housing Element of the City's General Plan.

Standards for emergency shelters are in Compliance with Housing Program #2 of the Housing Element. All other proposed amendments are minor clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan.

2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the general plan.

The proposed changes to family day care homes are consistent with Goal 5 of the Growth Management/Public Facilities element of the Temecula General Plan, which is to ensure "Public and quasi -public facilities and services that provide for the social, cultural, civic, and religious, and recreational needs of the community." As a quasi -public facility, day care homes provide needed services to residents who may require day care services. For transitional, supportive, and emergency shelter facilities, Housing Element Policy 2.4 of the General Plan states, "Pursue all available forms of private, local, state, and federal assistance to support development and implementation of the City's housing programs." The proposed changes related to senior housing are supported by Housing Element Policy 5.3 of the General Plan that states, "Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly..." The remaining proposed amendments to the Temecula Municipal Code are minor 2 clarifications and typographical edits and do not result in a contrary policy direction, or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan.

3. The proposed use is to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.

The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes to family day care homes are required by recent state legislation that requires all day care facilities to be as treated as any other residential use would be treated. Changes to transitional and supportive housing are required to adhere to state law in compliance with Housing Program #3 of the Housing Element of the City's General Plan. Standards for emergency shelters are in Compliance with Housing Program #2 of the Housing Element. The proposed changes related to senior housing are supported by Housing Element Policy 5.3 of the General Plan that states, "Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly..." All other proposed amendments are clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan.

Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Municipal Code amendments would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Municipal Code amendments are minor policy changes, changes required by state law or revisions that reflect the City's standard practice and patterns, and clarifications or typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines.

Section 4. Table 17.03.010 (Planning and Zoning Approval Authority) of Section

17.03.010 (Purpose and intent) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.03.010 remaining unchanged:

Table 17.03.010
Planning and Zoning Approval Authority
Application
Administrative
Planning
Planning
City
Approval
Director
Commission
Council
General plan amendment
Recommendation)
X1
Zoning amendment: text
1 Recommendation
X1
changes
Zoning amendment: map
Recommendation)
X1
changes
3 Zoning amendment: specific
plan, includes specific plan
amendments
Recommendation'
X1
Conditional use permit—
existing building
1 2
X
Conditional use permit with a
development plan
1 2 3
X ° °
1 3
X
Development plan
(10,000 sq. ft. or greater)
X i
Development plan
(less than 10,000 sq. ft.)
X1
Major modifications
X2°4
X IA
Minor modifications
X2
Administrative development
plan
X2
Home occupation plan
X2
day heffie
X
-
-
�family eaf:e
y
Minor exceptions
X2
Sign permits
X2
Sign programs, including sign
program modifications
X2
Temporary use permits
X2
Variance
X1
Seeendafy '
Accessory Dwelling Unit
Xs
Hillside development permit
X1
Section 5. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.030 remaining unchanged:

Table 17.06.030
Residential Districts
Description of Use I HR I RR I VL I L- I L- I LM I M H HR-SMy 1 2
11 Residential
Single-family detached
P
P
P
P
P
P
P
-
P
Duplex (two-family dwellings)
-
-
-
-2
-2
-2
P
P
-
Single-family attached (greater than
P
P
P
two units)
Multiple -family
-
-
-
-
-
-
P
P
-
Manufactured homes
P
P
P
P
P
P
P
P
P
Mobilehome park
-
-
C8
C
C
C
C
C
-
Facilities for the mentally disordered,
disabled, or dependent or neglected
P
P
P
P
P
P
P
P
P
children (six or fewer)
Facilities for the mentally disordered,
disabled, or dependent or neglected
C
C
C
C
C
C
P
P
C
children (seven to twelve)
Alcoholism or drug abuse recovery or
P
P
P
P
P
P
P
P
P
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or
C
C
C8
C
C
C
P
P
C
treatment facility (seven or more)
Description of Use (residential
HR
RR
VL
L
L
LM
M
H
HR-SM9
continued)
1 2
Residential care facilities for the
P
P
P
p
P
P
P
P
P
elderly (six or fewer)
Residential care facilities for the
C
C
C
C
C
C
P
P
C
elderly (seven or more)
Residential care facilities (six or
P
P
P
P
P
P
P
P
P
fewer)
Residential care facilities (seven or
C
C
C
C
C
C
C
P
C
more)
Congregate care residential facilities
_
P
P
p
p
for the elderly
Rooming and boarding house
-
-
-
-
-
-
C
C
-
Accessory dwelling units
P
P
P
P
P
P
P
P
P
Guest house
P
P
P
P
P
P
P4
P4
P
Family day care homes —small and
P
P
P
P
P
P
P
P
P
large

Day care centers
C
C
C
C
C
C
C
C
C
Bed and breakfast establishments
C
C
C
C
C
C
C
C
C
Emergency shelters
C
C
C8
C
C
C
P
P
C
Transitional housing i
G P
—
G
P
Es
P
C
P
C
P
EP
—
P
P
EP
—
Supportive housing'2
EP
G
P
C-
P
C
P
C
P
EP
P
P
EP
Efficiency units
-
-
-
-
-
-
P
P
-
Nonresidential
Agriculture/open space uses6
P
P
P
P
P
P
P
P
C
Religious institutions
C
C
C
C
C
C
C
C
C
Public utility facilities
C
C
C
C
C
C
C
C
C
Educational institutions
C
C
C
C
C
C
C
C
C
Libraries
C
C
C,
C
C
C
C
C
-
Commercial marijuana activity
-
-
-
-
-
-
-
-
-
Marijuana cultivation10
-
-
-
-
-
-
-
-
-
Medical marijuana dispensaries
-
-
-
-
-
-
-
-
-
Museums and art galleries (not for
profit)
C
C
C8
C
C
C
C
C
-
Kennels and catteries6
C
C
C
-
-
-
-
-
-
Noncommercial keeping of horses,
cattle, sheep and goats
P
P
P
P
P
-
-
-
P
Temporary real estate tract offices
P
P
P
P
P
P
P
P
P
Recreational vehicle storage yard
-
C
C8
C
C
C
C
C
-
Parking for commercial uses
-
-
-
-
-
-
P
P
-
Nonprofit clubs and lodge halls
-
-
-
-
-
-
P
P
-
Convalescent facilities
-
-
-
-
-
-
P
P
-
Golf courses
C
C
C8
C
C
C
C
C
-
Home occupations
P
P
P
P
P
P
P
P
P
Construction trailers',6
P
P
P
P
P
P
P
P
P
Short-term rentals
-
-
-
-
-
-
-
-
-
Notes: