Cities Index.
Agenda

Temecula City Council
April 12, 2022

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Agenda
Meeting
April 12, 2022
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Temecula City Council
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13
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1.8 MB
Text extracted from the city's file for reading and search. Open the original on laserfiche.temeculaca.gov. That file is the official record.

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
APRIL 12, 2022 - 6:00 PM
CLOSED SESSION - 4:30 P.M.

LABOR NEGOTIATIONS — The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Kevin Hawkins, Director of Finance Jennifer Hennessy, Director of Human Resources and Risk Management Isaac Garibay, Deputy City Manager Luke Watson and Senior Human Resources Analyst Becky Obmann. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911.

CALL TO ORDER: Mayor Matt Rahn
INVOCATION: Rabbi Yonasan Abrams of Chabad of Temecula
FLAG SALUTE: Mayor Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

PRESENTATIONS
Proclamation for National Education and Sharing Day
Proclamation for National Crime Victims' Rights Week
Proclamation for DMV/Donate Life Month
Proclamation for Autism Awareness Month
BOARD / COMMISSION REPORTS - None

PUBLIC SAFETY REPORT
Riverside County Sheriffs Department

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

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City Council Agenda April 12, 2022
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 March 22, 2022
Recommendation: That the City Council approve the action minutes of March 22, 2022.

Attachments
Action Minutes

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

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

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City Council Agenda April 12, 2022
Attachments:

Agenda Report
Resolution
List of Demands

4. Approve City Treasurer's Report as of October 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of October 31, 2021.

Attachments: Agenda Report
Treasurer's Report

5. Adopt Ordinance 2022-06 Amending Title 9 and Title 17 of the Temecula Municipal Code to Include Entertainment Licenses, Further Clarify the Definitions of Restaurants, Entertainment, Taverns and Bars, and Provide Regulations for Private SecurityOperators, and Establishing Noise Standards for Mixed -Use Developments With a Residential Component (Second Reading) Recommendation: That the City Council adopt an ordinance entitled:

ORDINANCE 2022-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA

MUNICIPAL CODE TO INCLUDE ENTERTAINMENT LICENSES,

FURTHER CLARIFY THE DEFINITIONS OF RESTAURANTS,

ENTERTAINMENT, TAVERNS AND BARS, AND PROVIDE

REGULATIONS FOR PRIVATE SECURITY OPERATORS, AND

ESTABLISHING NOISE STANDARDS FOR MIXED -USE

DEVELOPMENTS WITH A RESIDENTIAL COMPONENT, AND

FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3)
Attachments: Agenda Report
Ordinance

6. Adopt Ordinance 2022-07 Amending Section 2.04.020 of the Temecula Municipal Code Relating to the Time of City Council Meetings (Second Reading) Recommendation: That the City Council adopt an ordinance entitled:

ORDINANCE NO.2022-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.04.020 OF THE TEMECULA

MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF

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City Council Agenda April 12, 2022
Attachments:

MEETINGS
Agenda Report
Ordinance

7. Approve Governing Body Resolution Designating Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Grant Funding through hrough the Department of Homeland Security and Sub -Granted Through the State of California and Riverside County Recommendation: That the City Council adopt this resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING

CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND

DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL

FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL

DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED

THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF

RIVERSIDE
Attachments: Agenda Report
RPcnlntinn

8. ADDrove Snonsorshib Agreement with Veterans of Foreign Wars. Temecula Vallev VFW Post #4089 for 2022 Memorial Day Observance
Recommendation: That the City Council approve the sponsorship agreement with Veterans of Foreign Wars, Temecula Valley VFW Post #4089 for in -kind support valued at $700 in City support services and $11,415 in promotional services for the 2022 Memorial Day Observance.

Attachments: Agenda Report
Agreement

9. Approve Second Amendments to Agreements with Convergint Technologies, LLC, for the Purchase, Installation, and Maintenance of a Citywide Surveillance System Recommendation: That the City Council:

1. Approve the second amendment to the purchase and installation agreement with Convergint Technologies, LLC, extend the term to May 22, 2025, increase the amount of the contract by $2,000,000, plus contingency of $200,000, for citywide surveillance system expansion and enhancements, bringing the total agreement amount to $7,656,035; and

2. Approve the second amendment to the maintenance work agreement

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City Council Agenda April 12, 2022
with Convergint Technologies, LLC, increase the amount of the contract by $1,000,000, plus contingency of $100,000, for citywide surveillance system maintenance and repairs, bringing the total agreement amount to $2,240,819, for a term of five years beginning April 12, 2022.

Attachments: Agenda Report
Amendment - Purchase and Install
Amendment - Maintenance

10. Annrove Seventh Amendment to the Aereement with Proactive Fire Design & Consultiniz. Inc. for Plan Review Services
Recommendation: That the City Council approve the seventh amendment to the agreement with Proactive Fire Design & Consulting, Inc., in the amount of twenty-five thousand dollars and no cents ($25,000) for Fiscal Year 2021-22, for the Fire Department plan review service.

Attachments: Agenda Report
Amendment

11. Annrove Agreement for Consultant Services with Placeworks. Inc. for the Preparation of the Proposed Old Town Outdoor Dining Program
Recommendation: That the City Council approve the agreement for consultant services with Placeworks, Inc., in the amount of $138,320, with a 10% contingency of $13,832, for a total agreement of $152,152, for the proposed Old Town Outdoor Dining Program.

Attachments: Agenda Report
Agreement

12. Approve First Amendment to the Agreement for Consultant Services with De Novo Planning Group for Additional Work Related to the Preparation of the 2021-2029 Housing Element Update
Recommendation: That the City Council approve the first amendment to the agreement for consultant services with De Novo Planning Group in the amount of $7,500, for a total agreement amount of $87,887, for additional work related to the preparation of the 2021-2029 Housing Element Update.

Attachments: Agenda Report
Agreement
Amendment

13. Approve First Amendment to Agreement with Kris R. Winchak dba KRW & Associates for Engineering Plan Check, Map and Legal Description Review Recommendation: That the City Council approve the first amendment to the agreement with Kris R. Winchak dba KRW & Associates for engineering plan check, map

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14. 15.

16. and legal description review, to extend the term of the agreement to June 30, 2023, and increase payment in the amount of $100,000.

Attachments: Agenda Report
Amendment
Approve First Amendment to Agreement for Consultant Services for Engineering, Survey Environmental Services with David Evans and Associates. Inc.

Recommendation: That the City Council approve the first amendment to the agreement for consultant services for engineering, survey and environmental services with David Evans and Associates, Inc., for a total agreement amount of $1,000,000, for the total term of the agreement.

Attachments: Agenda Report
AmPndMf-nt
Appropriate Additional Funds and Increase Contingency Authorization for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04 Recommendation: That the City Council:

1. Approve an appropriation in the amount of $885,000 from Measure S for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and

2. Approve an increase to the contingency for construction of the Project by $600,000; and

3. Increase the City Manager Authority to approve construction contract change orders by $600,000.

Attachments: Agenda Report
Project Description
Project Location Map
Approve Appropriation and Award Construction Contract to IE General Engineering Inc. for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03 Recommendation:

That the City Council:

1. Approve an appropriation of $290,000 from Measure S to the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03; and

2. Award a construction contract to IE General Engineering Inc. in the amount of $311,496 for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03; and

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City Council Agenda April 12, 2022

17. 18.

19. 3. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $31,149.60; and

4. Make a finding that the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.

Attachments: Agenda Report
Contract
Project Description
Project Location
Approve Appropriation of Additional Funds for the Traffic Signal - Park and Ride Access Improvements, PW18-11
Recommendation
AttarhmPntc
That the City Council approve an appropriation of $170,000 from Measure S to the Traffic Signal - Park and Ride Access Improvements, PW18-11.

Agenda Report
Project Description
Project Map
Approve the Initial Study and Adopt a Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project, PW 19-04 Recommendation: That the City Council:

1. Approve the Initial Study and adopt a Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project, PW19-04; and

2. Direct the Public Works Director to file the Notice of Determination.

Attachments: Agenda Report
Initial Study Mitigated Negative Declaration
Notice of Determination
Project Description
Approve Minor Construction Services Agreement with American Ramp Company, Inc. for the Construction of the Infill Mini Puma Track at Wolf Creek Park. PW21-05 Recommendation: That the City Council:

1. Approve the minor construction services agreement with American Ramp Company, Inc. in the amount of $60,000, for construction of the

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City Council Agenda April 12, 2022
Infill Mini Pump Track at Wolf Creek Park, PW21-05; and

2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15304, Class 4, Minor Alternations to Land, of the CEQA Guidelines.

Attachments: Agenda Report
Agreement
Project Description
Project Location

20. Approve Agreement Pursuant to Government Code Section 66462.5 Between City of Temecula and Woodside 055, LP and Wingsweep Corporation Regarding Acquisition of Property Interests in Connection with Nicolas Road/Calle Girasol Improvements 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 AGREEMENT PURSUANT TO
GOVERNMENT CODE SECTION 66462.5 BETWEEN WOODSIDE
055, LP AND WINGSWEEP CORPORATION AND CITY OF

TEMECULA FOR ACQUISITION OF CERTAIN PROPERTY

INTERESTS (CALLE GIRASOL/NICOLAS ROAD CONNECTION)

2. Authorize the City Manager to execute all necessary documents and take all steps necessary to effectuate the purposes of the agreement.

Attachments: Agenda Report
Resolution
Agreement

21. Approve Tract Map 37341-17 (Located on East Side of Butterfield Stage Road Between Calle Chapos and Murrieta Hot Springs Road)
Recommendation: That the City Council:

1. Approve Tract Map 37341-17 in conformance with the Conditions of Approval; and

2. Approve the Subdivision Improvement and Monumentation Agreements with the developer; and

3. Authorize the City Manager to execute the agreements on behalf of the

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City Council
Agenda April 12, 2022
City.

Attachments: Agenda Report
Fees and Securities Report
Vicinity Map
Tract Map No. 37341-17

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

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City Council Agenda April 12, 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.

22. Approve Action Minutes of March 22, 2022
Recommendation: That the Board of Directors approve the action minutes of March 22, 2022.

Attachments: Action Minutes

23. Annrove Three -Year Agreement between Temecula Communitv Services District and Social Work Action Group for Homelessness Related Services
Recommendation: That the Board of Directors approve a three-year agreement between Temecula Community Services District and Social Work Action Group (SWAG) for homelessness related services.

Attachments: Agenda Report
Agreement

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CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, April 26, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

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SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO

MEETING

TEMECULA HOUSING AUTHORITY - NO MEETING

TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING

RECONVENE TEMECULA CITY COUNCIL

BUSINESS
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.

24. Consider Opportunities for a Performing Arts Center (At the Request of Mayor Rahn) Recommendation:

That the City Council consider opportunities for a performing arts center, create an ad hoc subcommittee that would ultimately work directly with the arts community on a possible private capital campaign, and provide general direction regarding the same.

Attachments: Agenda 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.

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CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, April 26, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 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.

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Item No. 1

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 12, 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

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
MARCH 22, 2022 - 7:00 PM
CLOSED SESSION - 6:00 P.M.

CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council convened in closed session pursuant to Government Code Section 54957 and 54957.6 to evaluate the performance of the City Manager and establish goals and performance objectives for the next year as required by the City Manager's Employment Agreement.

CALL TO ORDER at 7:06 PM: Mayor Matt Rahn
INVOCATION: Elder Wayland Collins of Reliance Church
FLAG SALUTE: Commissioner Ross Jackson
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

PRESENTATIONS
Proclamation for National Library Week
Presentation to Temecula Valley Soccer Association U14 Girls All -Star Team

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

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

ANNUAL JOINT MEETINGS - CITY COUNCIL, COMMUNITY SERVICES COMMISSION,

OLD TOWN LOCAL REVIEW BOARD AND PLANNING COMMISSION

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Rick Reiss

PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• David Barragan (Item #6) • Bob Kowell (Item #20 and #22) • Jessica Christopher (Item #18) • Jodie Christopher (Item #22) • Jill Nelson (Item #19) • Jessica Christopher (Item #22) • Jeffrey Lohman (Item #19) 0 Jeff Comerchero (Item #22)

The following individual(s) submitted an electronic comment:
• Robert Danko (Item # 19)

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 by Edwards, 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 March 8, 2022
Recommendation: That the City Council approve the action minutes of March 8, 2022.

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

RESOLUTION NO. 2022-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

4. Approve City Treasurer's Report as of September 30, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of September 30, 2021.

5. Adopt Ordinance 2022-04 Adjusting the Boundaries of Council Districts Based on the 2020 Decennial Census and Amending Municipal Code Section 2.08.015 (Second Reading) Recommendation: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2022-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE CITY

COUNCIL DISTRICTS AND ADOPTING A NEW OFFICIAL

COUNCIL DISTRICT MAP FOR THE CITY OF TEMECULA
BASED ON THE RESULTS OF THE 2020 DECENNIAL CENSUS
AND AMENDING SECTION 2.08.015
2 6. Approve Sponsorship Agreement with Veteran Strong for Facility Use at the Temecula Conference Center
Recommendation: That the City Council approve the sponsorship agreement with Veteran Strong for in -kind City support valued at $8,500 for facility use at the Temecula Conference Center.

7. Approve Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for the Temecula Valley Balloon and Wine Festival (At the Reauest of Subcommittee Members Edwards and Stewart) Recommendation: That the City Council approve a sponsorship and economic development funding agreement with the Temecula Valley Balloon and Wine Festival Association, for the Temecula Valley Balloon and Wine Festival, Fiscal Year 2021-2022.

8. Receive and File the General Plan and Housing Element Annual Progress Report for the Period of January 1.2021 to December 31.2021
Recommendation: That the City Council receive and file the General Plan and Housing Element Annual Progress Report for the period of January 1, 2021 to December 31, 2021.

9. Approve Agreement for Consultant Services with Ascent Environmental, Inc. for the Preparation of a Subsequent Environmental Impact Report for the Temecula Valley Hospital Master Plan Update (PA22-0105)
Recommendation:

That the City Council approve the agreement for consultant services with Ascent Environmental, Inc., in the amount of $307,133, with a 10% contingency of $30,713, for a total agreement of $337,846, for the preparation of a Subsequent Environmental Impact Report for the Temecula Valley Hospital Master Plan Update.

10. Approve Agreement with Bio Clean Environmental Services, Inc. for the Purchase and Installation of Inlet Filters
Recommendation: That the City Council approve the agreement with Bio Clean Environmental Services, Inc., for the purchase and installation of inlet filters in the amount of $393,679.

11. Authorize Purchase of a Bobcat Skid -Steer Loader for the Public Works Streets Maintenance Division
Recommendation: That the City Council authorize the purchase of a Bobcat Skid -Steer Loader for the Public Works Streets Maintenance Division from Inland Bobcat, a local authorized Bobcat Dealer, in the amount of $71,570.04, including freight and handling, and applicable sales tax and fees.

12. 13.

14. Adopt Resolution to Approve the Clean California Maintenance Agreement with the State of California and Department of Transportation
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO APPROVE THE CLEAN CALIFORNIA

MAINTENANCE AGREEMENT WITH THE STATE OF

CALIFORNIA, BY AND THROUGH THE DEPARTMENT OF

TRANSPORTATION TO PERFORM SPECIFIC MAINTENANCE

SERVICES IN COMPLIANCE WITH THE PROVISIONS OF
STREETS AND HIGHWAYS CODE SECTION 27, IN THE STATE

RIGHT OF WAY INCLUDING HIGHWAY AND FREEWAY AREAS

WITHIN CITY LIMITS AS AUTHORIZED IN STREETS AND
HIGHWAYS CODE SECTION 130
Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Sidewalks - DLR Drive Project, PW19-18
Recommendation: That the City Council:

1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Sidewalks - DLR Drive Project, PW19-18; and

2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.

Accept Improvements and File Notice of Completion for the Citywide Slurry Seal Program Fiscal Year 2020-21, PW21-01
Recommendation:

That the City Council:

1. Accept the construction of the Citywide Slurry Seal Program - Fiscal Year 2020-21, PW21-01, 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.

15. Accept Improvements and File Notice of Completion for Sam Hicks Monument Park Perimeter Fencing, PW20-12
4 Recommendation: That the City Council:

1. Accept the improvements for the Sam Hicks Monument Park Perimeter Fencing, PW20-12, 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.

16. Accept Improvements and File Notice of Completion for the Infill Mini Pump Track at Long Canyon Creek Park, PW21-05
Recommendation:

RECESS:

That the City Council:

1. Accept the Improvements for the Infill Mini Pump Track at Long Canyon Creek Park, PW21-05, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and

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

At 8:38 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:51 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

PUBLIC HEARING

18. Conduct Public HearinLy to Consider Extension of an Interim Ureencv Ordinance of the Cit Council of the City of Temecula Enacted Pursuant to Government Code Section 65858 Establishing mergency Regulation Related to Urban Lot Splits and Housing Units Built in Accordance With Senate Bill 9, Declaringthe he Urgency Thereof and Making Determination of Exemption Under the California Environmental Quality Act CEQA) Guidelines Sections 65852.21(j) and 15061(b
Recommendation: That the City Council adopt ordinance by a 4/5 vote, extending Interim Urgency Ordinance No. 2022-03 entitled:

ORDINANCE NO. 2022-05

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF TEMECULA, EXTENDING INTERIM URGENCY
ORDINANCE NO. 2022-03, ESTABLISHING EMERGENCY

REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION
65858 ON URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA
Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Edwards. The vote reflected unanimous approval.

19. Introduce Ordinance Amending Title 9 and Title 17 of the Temecula Municipal Code to Include Entertainment Licenses, Further Clarify the Definitions of Restaurants, Entertainment, Taverns, and Bars, and Provide Regulations for Private SecurityOperators, and Establishing Noise Standards for Mixed -Use Developments With a Residential Component Recommendation: That the City Council:

1. Introduce and read by title only an ordinance entitled:

ORDINANCE NO. 2022-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA

MUNICIPAL CODE TO INCLUDE ENTERTAINMENT LICENSES,

FURTHER CLARIFY THE DEFINITIONS OF RESTAURANTS,

ENTERTAINMENT, TAVERNS AND BARS, AND PROVIDE

REGULATIONS FOR PRIVATE SECURITY OPERATORS, AND

ESTABLISHING NOISE STANDARDS FOR MIXED -USE

DEVELOPMENTS WITH A RESIDENTIAL COMPONENT, AND

FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15061 (13)(3)

2. Adopt a resolution entitled:

RESOLUTION NO. 2022-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ESTABLISHING AN ENTERTAINMENT LICENSE
FEE
Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Stewart. The vote reflected unanimous approval.

BUSINESS

20. Introduce Ordinance Amending Section 2.04.020 of the Temecula Municipal Code Relating to the Time of City Council Meetings
Recommendation: That the City Council introduce an ordinance entitled:
6 ORDINANCE NO. 2022-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.04.020 OF THE TEMECULA

MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF

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

21. Receive and File Temecula Safe - Massage Enforcement Update (Long Range Project No.

LR22-0174)
Recommendation: That the City Council receive and file the update on massage enforcement.

Receive and file only, no action.

22. Consider Term Limits for City Council Members (At the Request of Subcommittee Members Alexander and Edwards)
Recommendation: That the City Council consider term limits for City Council Members and provide general direction regarding the same.

Motion to continue discussion of term limits being placed on the ballot (3-2): Motion by Alexander, Second by Rahn. The vote reflected unanimous approval with Edwards and Schwank opposing.

Motion to place term limit item on ballot with three terms on and one off (2-3): Motion by Alexander, Second by Rahn. Motion did not pass with Edwards, Schwank and Stewart opposing.

DEPARTMENTAL REPORTS (Receive and File)

23. Community Development Department Monthly Report

24. Fire Department Monthly Report

25. Public Works Department Monthly Report

ITEMS FOR FUTURE CITY COUNCIL AGENDAS
A. Opportunities for a Performing Arts Center (At the Request of Mayor Rahn) Council Approved (5-0): Motion Rahn, Second by Stewart. The vote reflected unanimous approval.

CITY MANAGER REPORT

CITY ATTORNEY REPORT
The City Attorney stated there was no reportable actions from closed session.

ADJOURNMENT
At 12:13 AM, the City Council meeting was formally adjourned to Tuesday, April 12, 2022, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

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: April 12, 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 $9,793,575.38.

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 12th day of April 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 12th day of April 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
03/08/2022
TOTAL CHECK RUN:
$ 324,873.28
03/10/2022
TOTAL CHECK RUN:
6,875,156.63
03/15/2022
TOTAL CHECK RUN:
206,873.71
03/16/2022
TOTAL CHECK RUN:
989,277.61
03/22/2022
TOTAL CHECK RUN:
617,706.53
03/24/2022
TOTAL CHECK RUN:
236,732.62
03/17/2022
TOTAL PAYROLL RUN:
542,955.00
TOTAL LIST OF DEMANDS FOR 4/12/2022 COUNCIL MEETING:

DISBURSEMENTS BY FUND:
$ 9,793,575.38
CHECKS:

CITY OF TEMECULA

LIST OF DEMANDS
001

GENERAL FUND
$ 904,407.83
125

PEG PUBLIC EDUCATION & GOVERNMENT
152.72
140

COMMUNITY DEV BLOCK GRANT
14,239.84
165

RDA DEV- LOW/MOD SET ASIDE
4,871.59
190

TEMECULA COMMUNITY SERVICES DISTRICT
325,425.24
192

TCSD SERVICE LEVEL B STREET LIGHTS
23,605.09
194

TCSD SERVICE LEVEL D REFUSE RECYCLING
621.18
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
11,943.06
197

TEMECULA LIBRARY FUND
13,147.47
210

CAPITAL IMPROVEMENT PROJECT FUND
2,846,467.23
300

INSURANCE FUND
6,727.97
305

WORKERS' COMPENSATION
1,105.85
320

INFORMATION TECHNOLOGY
111,678.85
325

TECHNOLOGY REPLACEMENT FUND
2,834.72
330

CENTRAL SERVICES
10,477.81
340

FACILITIES
43,551.59
472
CFD 01-2 HARVESTONA&B DEBT SERVICE
321,538.50
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
414,562.08
475
CFD03-3 WOLF CREEK DEBT SERVICE FUND
1,001,046.66
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
163,668.45
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
378,616.29
478
CFD 16-01 RORIPAUGH PHASE II
1,901,600.27
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
2,100.00
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
1,450.21
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
1,650.21
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
291.88
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
1,500.21
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
750.21
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
500.00
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
5,696.38
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA

75.00 510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
250.21
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW

62.50 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
3,548.12
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP.
1,154.81
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
450.00
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE
400.00
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
954.81
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA

70.83 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
3,828.90
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
6,898.50
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
5,596.04
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
33,731.97
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
162.50
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
225.45
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
5,577.10
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
1,759.66
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION

62.50 527
SERVICE LEVEL"C"ZONE 27 AVONDALE
250.21
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
8,692.64
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
100.00
$ 9,250,620.38

CITY OF TEMECULA

LIST OF DEMANDS
001

GENERAL FUND
$ 322,379.66
140

COMMUNITY DEV BLOCK GRANT
497.08
165

AFFORDABLE HOUSING
3,722.46
190

TEMECULA COMMUNITY SERVICES DISTRICT
156,267.39
194

TCSD SERVICE LEVEL D REFUSE RECYCLING
1,408.24
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
539.47
197

TEMECULA LIBRARY FUND
3,229.27
300

INSURANCE FUND
2,130.82
305

WORKERS' COMPENSATION
2,130.83
320

INFORMATION TECHNOLOGY
36,851.01
330

SUPPORT SERVICES
3,275.85
340

FACILITIES
8,408.55
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD

0.04 502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK

0.46 503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS

0.46 504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS

0.46 505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES

0.46 506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY

0.46 507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW

0.04 508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
259.86
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA

0.04 510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE

0.46 511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW

0.04 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
129.92
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP.

12.92 514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES

0.04 515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES

0.04 516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS

12.92 517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA

0.04 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS

77.90 519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
109.11
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
259.95
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
493.90
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE

0.04 523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN

0.78 524
SERVICE LEVEL"C"ZONE 24 HARVESTON
207.86
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS

25.91 526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION

0.04 527
SERVICE LEVEL"C"ZONE 27 AVONDALE

0.46 528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
519.87
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
(0.11)
TOTAL BY FUND:
542,955.00
$ 9,793,575.38

apChkLst Final Check List Page: 1
03/08/2022 2:25:53PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
501916
3/10/2022
022546

AIRWAVE COMMUNICATIONS,
PUBLIC SAFETY ANTENNA SYSTEM:

ENTERPRISES

INFO TECH
501917
3/10/2022
013015

ALWAYS RELIABLE
BACKFLOW TESTING: OLD TOWN

BACKFLOW, AKA NANETTE
FRONT
SEMAN
501918
3/10/2022
004240

AMERICAN FORENSIC NURSES
MAR STAND BY FEE:POLICE
AFN
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
501919
3/10/2022
013950

AQUA CHILL OF SAN DIEGO
FEB DRINKING WTR SYS MAINT: INFO
TECH
501920
3/10/2022
021400

AYERS ELECTRIC INC
ELECTRICAL WORK: TES
ELECTRICAL WORK: LIGHTS: PARKING
501921
3/10/2022
022651

BRAND ASSASSINS
CITYWIDE BANNER PROGRAM: ECON
DEV
501922
3/10/2022
022670

BROWN, JAMAL DEON, DBA

TCSD INSTRUCTOR EARNINGS

JDB TRAINING
501923
3/10/2022
022596

CITYGATE ASSOCIATES LLC
PROF SVCAGREEMENT: PD

ASSESSMENT
501924
3/10/2022
010650

CRAFTSMEN PLUMBING &
PLUMBING SVCS: MPSC

HVAC INC
501925
3/10/2022
020436

CRONBERG, RICHARD N

TCSD INSTRUCTOR EARNINGS
501926
3/10/2022
008289
EMPLOYEE #00512
REIMB: AOAP CONF 2/6-2/10
501927
3/10/2022
022506

DESIGN PATH STUDIO
Permit Ready Accessory Dwelling Unit
501928
3/10/2022
020648
DG INVESTMENT HOLDINGS 2
CITYWIDE SURVEILLANCE: INFO TECH

INC, CONVERGINT

TECHNOLOGIES
501929
3/10/2022
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: POLICE DEP'
FUEL FOR CITY VEHICLES: CITY MGR OI
FUEL FOR CITY VEHICLES: INFO TECH
501930
3/10/2022
020904

ECONOMIC ALTERNATIVES INC
FEB CONDENSER WTR SYS PM: CIVIC
CTR
Amount Paid Check Total
22,636.65 22,636.65

27.00 27.00
1,379.17
306.60

60.20 1,745.97

28.28 28.28
350.00
3,200.00
3,550.00
2,143.17
2,143.17
761.25
761.25
10,474.92
10,474.92
1,546.00
1,546.00

56.00 56.00
1,931.97
1,931.97
3,112.50
3,112.50
13,667.00
13,667.00
553.55
122.40

46.55 38.91 761.41
538.67 538.67
Page:1

apChkLst Final Check List Page: 2
03/08/2022 2:25:53PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
501931
3/10/2022
021412

EIDE BAILLY LLP

FEB FINANCIAL STATEMENT AUDIT
501932
3/10/2022
004944

FULLCOURT PRESS
TEXT PAPER: BUS LIC CERTIFICATES:

FINANC
501933
3/10/2022
021365

GEORGE HILLS COMPANY INC
JAN CLAIM ADJUSTER SVCS: RISK
MGMT
501934
3/10/2022
000177

GLENNIES OFFICE PRODUCTS
MISC OFC SUPPLIES: BLDG & SAFETY
INC
501935
3/10/2022
004890

GOLDEN STATE FIRE
ANNUAL SPRINKLER INSPECTIONS:

PROTECTION
FOC
ANNUAL SPRINKLER INSPECTIONS: WE
ANNUAL SPRINKLER INSPECTION: PARR
501936
3/10/2022
000520

HDL COREN AND CONE
JAN-MAR PROP TAX CONSULTING:

FINANCE
501937
3/10/2022
006914

INNOVATIVE DOCUMENT
JAN COPIER MAINT/USAGE/REPAIR:

SOLUTIONS

CITYWIDE
JAN COPIER MAINT/USAGE/REPAIR: LIBI
501938
3/10/2022
012883

JACOB'S HOUSE INC

EMPLOYEE CHARITY DONATIONS

PAYMENT
501939
3/10/2022
018675

MDG ASSOCIATES INC

JAN CDBG-CV EMERGENCY RENTAL

ASSIST PGM

JAN CDBG-CV EMERGENCY RENTALA&

JAN CDBG-CV EMERGENCY RENTALA&
501940
3/10/2022
019823

MERCHANTS BLDG MAINT LLC
JAN JANITORIAL SVCS: VARI FACS
501941
3/10/2022
012264

MIRANDA, JULIO C

TCSD INSTRUCTOR EARNINGS
501942
3/10/2022
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: PARKS: PW
INC
ELECTRICAL SUPPLIES: PARKS: PW
501943
3/10/2022
004040

MORAMARCO ANTHONY J,

TCSD INSTRUCTOR EARNINGS

DBA BIGFOOT GRAPHICS
501944
3/10/2022
022599

NIEVES LANDSCAPE INC
LANDSCAPE MAINT: SLOPES
LANDSCAPE MAINT: PARKS/TRLS/STREE
LANDSCAPE MAINT: MEDIANS: PW
LANDSCAPE MAINT: FACILITIES
LANDSCAPE MAINT: I-15/79 INTERCHAN,
Amount Paid Check Total
2,000.00
2,000.00
574.59
574.59
2,473.03
2,473.03
101.19
101.19
900.00
900.00
650.00
2,450.00
5,961.53
5,961.53
4,883.80
414.84
5,298.64

40.00 40.00
1,821.00
1,771.00
250.00
3,842.00
25,320.22
25,320.22
1,940.40
1,940.40
261.40
193.47
454.87

56.00 56.00
58,553.00
54,150.00
20,230.00
10,150.00
6,977.00
150,060.00
Paget

apChkLst
03/08/2022
2:25:53PM
Final Check List

CITY OF TEMECULA
Page: 3
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
501945
3/10/2022
022537

REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: CRC
8,903.23

DISTRIBUTOR
MISC HVAC SUPPLIES: CRC
1,794.70
HVAC SUPPLIES: OLD TOWN MAINT
485.29
MISC HVAC SUPPLIES: CRC
300.57
MISC HVAC SUPPLIES: THEATER
291.17
MISC HVAC SUPPLIES: CRC
227.24
HVAC SUPPLIES: OLD TOWN MAINT

68.32 HVAC SUPPLIES: CIVC CENTER

61.88 MISC HVAC SUPPLIES: THEATER

19.28 12,151.68
501946
3/10/2022
002412

RICHARDS WATSON AND
JAN 2022 LEGAL SERVICES
23,537.00

GERSHON
JAN 2022 LEGAL SERVICES
3,967.25
JAN 2022 LEGAL SERVICES
2,735.13
JAN 2022 LEGAL SERVICES
2,632.00
JAN 2022 LEGAL SERVICES
580.00
JAN 2022 LEGAL SERVICES
319.00
JAN 2022 LEGAL SERVICES

58.00 33,828.38
501947
3/10/2022
021981
EMPLOYEE #00606
MISC SUPPLIES: HR

43.49 43.49
501948
3/10/2022
017549

ROSEN AND ROSEN
REFLECTIVE SAFETY GEAR:
437.13
437.13

INDUSTRIES INC, DBA RAND R
STREETS: PW

INDUSTRIES
501949
3/10/2022
004274

SAFE AND SECURE
LOCKSMITH SVCS: TVE2: PW

23.11 23.11

LOCKSMITH SRVC
501950
3/10/2022
009213

SHERRY BERRY MUSIC
JAZZ @ THE MERC 2/24
406.00
JAZZ @ THE MERC 2/25
273.00
679.00
501951
3/10/2022
021620

SIEMENS MOBILITY INC,
TRAFFIC POLE REPLACEMENT:
4,837.56
4,837.56

YUNEX LLC

MARGARITA RD
501952
3/10/2022
014783

SOFTRESOURCES, LLC
Consulting:financial sys upgrade Munis
1,942.50
1,942.50
501953
3/10/2022
001546

STRAIGHT LINE GLASS AND
GLASS REPLACEMENT: HARVESTON
517.17
517.17

MIRROR, COMPANY INC

COMM RM
501954
3/10/2022
000820

WINCHAK KRIS R, DBA K R W &

ENG PLAN CHECK &
6,860.00
6,860.00

ASSOCIATES
REVIEW:PW-LAND DEV
Grand total for EFT UNION BANK: 324,873.28
Page:3

apChkLst Final Check List Page: 4
03/08/2022 2:25:53PM CITY OF TEMECULA
39 checks in this report.

Grand Total All Checks: 324,873.28
Page:4

apChkLst Final Check List Page: 1
03/10/2022 3:57:41 PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
12735
1/26/2022
001212

SO CALIF GAS COMPANY
DEC 055-475-6169-5: 32380 DEER
HOLLOW
12821
2/7/2022
010276

TIME WARNER CABLE
JANUARY INTERNET SVCS: 28300

MERCEDES ST
12830
2/8/2022
010276

TIME WARNER CABLE
FEBRUARY INTERNET SVCS: 32211
WOLF
12831
2/8/2022
010276

TIME WARNER CABLE
FEBRUARY INTERNET SVCS: 30755

AULD RD
12832
2/8/2022
010276

TIME WARNER CABLE
FEBRUARY INTERNET SVCS: 41973
6TH ST
12833
2/8/2022
010276

TIME WARNER CABLE
FEBRUARY INTERNET SVCS: 41000

MAIN ST
12846
2/9/2022
006887

UNION BANK OF CALIFORNIA
015354
FACEBOOK.COM
CDBG SURVEY POST: PLANNING
015354
FACEBOOK.COM
CDBG SURVEY POST: PLANNING
020536

WALL STREET JOURNAL
ONLINE MBRSHP SUBSCRIPTION:

RFRSHMNTS: PLANNING
018323

GOAT & VINE, THE

COMMISSION MTG
DIGITAL SBSCPTN: CODE
020370
BEENVERIFIED.COM

ENFORCEMENT
000254

PRESS ENTERPRISE
SUBSCRIPTION: COMMUNITY DEV

COMPANY INC
000515

TEMECULA VALLEY CHAMBER
STATE OF THE CITY: PLANNING

OF, COMMERCE
JAN 101-525-1560-6 27415
12865
2/11/2022
001212

SO CALIF GAS COMPANY

ENTERPRISE CIR
12881
2/15/2022
000537

SO CALIF EDISON
JAN 600001509166 27220 JEFFERSON
AVE
12891
2/15/2022
010276

TIME WARNER CABLE
FEBRUARY INTERNET SVCS: 40820
12897
2/16/2022
018858

FRONTIER CALIFORNIA INC
FEB INTERNET SVCS: EOC
12898
2/16/2022
010276

TIME WARNER CABLE
FEBRUARY INTERNET SVCS: 41000

MAIN ST
Amount Paid Check Total

14.79 14.79
598.63
598.63
194.34
194.34
716.14
716.14
716.14
716.14
3,457.95
3,457.95

5.00 5.00
175.07
162.01

52.45 140.83
360.00
900.36
507.90
507.90
20,057.88
20,057.88

5.32 5.32
154.26
154.26
1,081.85
1,081.85
Page:1

apChkLst Final Check List Page: 2
03/10/2022 3:57:41PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
12918
2/18/2022
010276

TIME WARNER CABLE
12919
2/22/2022
010276

TIME WARNER CABLE
12920
2/22/2022
010276

TIME WARNER CABLE
12931
2/25/2022
010276

TIME WARNER CABLE
12932
2/25/2022
010276

TIME WARNER CABLE
12933
2/28/2022
010276

TIME WARNER CABLE
12934
2/28/2022
010276

TIME WARNER CABLE
12950
3/8/2022
000246

PERS (EMPLOYEES'

RETIREMENT)
12951
3/1/2022
010276

TIME WARNER CABLE
12952
3/1/2022
010276

TIME WARNER CABLE
12953
2/18/2022
005460

U S BANK
12978
3/4/2022
000166

FIRST AMERICAN TITLE

COMPANY
208340
3/3/2022
000411

RIVERSIDE CO FLOOD

CONTROL AND, WATER

CONSERVATION DIST
208341
3/3/2022
000411

RIVERSIDE CO FLOOD

CONTROL AND, WATER

CONSERVATION DIST
208342
3/3/2022
000411

RIVERSIDE CO FLOOD

CONTROLAND, WATER

CONSERVATION DIST
(Continued)
Description
Amount Paid
Check Total
FEBRUARY INTERNET SVCS:
28816
598.63
598.63

PUJOL ST
FEBRUARY INTERNET SVCS:
32131 S
250.66
250.66

LOOP RD
FEBRUARY INTERNET SVCS:
41000
280.91
280.91

MAIN ST
FEBRUARY INTERNET SVCS:
42569
602.01
602.01

MARGARITA
FEBRUARY INTERNET SVCS:
30875
602.01
602.01
RANCHO
FEBRUARY INTERNET SVCS:
41000

49.77 49.77

MAIN ST
FEBRUARY INTERNET SVCS:
28922
602.01
602.01

PUJOL ST

PERS RETIREMENT PAYMENT
121,338.80
121,338.80
FEBRUARY INTERNET SVCS:
32380
602.01
602.01
DEER
FEBRUARY INTERNET SVCS:
41845
602.01
602.01
6TH ST
TOTAL CNTYSS1 REMITTANCE
4,181,032.25
4,181,032.25
LAND ACQUISITION: VACANT LAND:
1,606,290.00
1,606,290.00

MURRIETA
ADD'L DEPOSIT: S. GERTRUDIS CRK 1,000.00 1,000.00
1/11 CHANGES: S GERTRUDIS CRK 349.14 349.14
ENCROACHMENT PERMIT: PW19-11: 2,000.00 2,000.00
CIP: PW
Paget

apChkLst
03/10/2022
3:57:41PM
Final Check List

CITY OF TEMECULA
Page: 3
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
208343
3/3/2022
000411

RIVERSIDE CO FLOOD
DIAZ RD EXPANSION: PW17-25: CIP
2,000.00
2,000.00

CONTROL AND, WATER

CONSERVATION DIST
208344
3/10/2022
013387

ADAME LANDSCAPE INC, DBA
FEB SWEEPING SVC: PRKG
540.00
540.00

SWEEPING UNLIMITED

STRUCTURE
208345
3/10/2022
013582

ADVANTAGE MAILING LLC, DBA
printing of activity guide: tcsd
28,893.59
28,893.59

ADVANTAGE
208346
3/10/2022
001517

AETNA BEHAVIORAL HEALTH
APR EMPLOYEE ASSISTANCE PRGM:
1,174.80
1,174.80

LLC, DBAAETNA RESOURCES
HR
208347
3/10/2022
021522

AGILITY KIDS LLC

TCSD INSTRUCTOR EARNINGS
4,804.80
4,804.80
208348
3/10/2022
007282

AMAZON CAPITAL SERVICES
CAMERA, MOUNT & STAND: TVE2
1,086.43
INC
SUPPLIES: STATE OF THE CITY: CM
240.22
MISC AV EQUIPMENT:INFO TECH

50.57 1,377.22
208349
3/10/2022
007065

B&H PHOTO & ELECTRONICS
MISC AV EQUIPMENT: PEG SUPPLIES
152.72
152.72
CORP
208350
3/10/2022
001323

BLUETRITON BRANDS INC,
12/23-01/22 WTR DLVRY SVC:

9.69 9.69

DBA READYREFRESH

HARVESTON PAR
208351
3/10/2022
004971

CANON FINANCIAL SERVICES
FEB COPIER LEASE: LIBRARY
671.56
671.56
INC
208352
3/10/2022
018828

CASC ENGINEERING AND,

JAN COMMERCIAL/IND'L
3,020.00

CONSULTING INC
INSPECTIONS: NPDES
MISC ENG SVS: MRC IMPROV REVIEW 17-21
2,460.00
5,480.00
208353
3/10/2022
004462

CDW LLC, DBA CDW
ETHERNET SWITCHES: TRAFFIC
59,284.06

GOVERNMENT LLC
MISC SMALL TOOLS & EQUIP: INFO TECH
2O5.97
MISC SMALL TOOLS & EQUIP: INFO TECH
153.76
MISC SMALL TOOLS & EQUIP: INFO TECH
103.23
59,747.02
208354
3/10/2022
021022

CHARGEPOINT INC
EQUIP: ELECTRIC VEHICLE CHARGING
53,483.95
53,483.95

STATION
208355
3/10/2022
001264
COSTCO TEMECULA 491
TVS: HR & TVE2 CART: INFO TECH
850.06
850.06
208356
3/10/2022
004222

DIAMONDBACK FIRE &
FIRE EQUIPMENT: FIRE STA 84
797.76
797.76

RESCUE, INC
208357
3/10/2022
022826

DOCUSIGN INC
DOCUSIGN ESIGNATURE SVCS:
27,967.19
27,967.19

FINANCE
Page3

apChkLst
03/10/2022
3:57:41PM
Final Check List

CITY OF TEMECULA
Page: 4
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
208358
3/10/2022
019469

FALCON ENGINEERING
CNSTRCTN MGMT SVCS: SANTA
50,574.94
50,574.94

SERVICES

GERTRUDIS CRK
208359
3/10/2022
002982

FRANCHISE TAX BOARD
KRACH, BREE - CASE# 603016103

35.35 KRACH, BREE - CASE# 603016103

18.49 53.84
208360
3/10/2022
021600

GOTO TECHNOLOGIES USA
PASSWORD PROTECTION: INFO TECH
10,000.00
10,000.00
INC
208361
3/10/2022
000180

GRAYBAR ELECTRIC
REPLACEMENT 911 CALL BOX: CRC
409.87
409.87

COMPANY INC
208362
3/10/2022
000186

HANKS HARDWARE INC
MISC MAINT SUPPLIES: VARI
7,196.42

FACILITIES
MISC MAINT SUPPLIES: OLD TOWN MAINT
354.87
MISC MAINT SUPPLIES: CRC
228.16
MISC MAINT SUPPLIES: IWTCM
207.27
MISC MAINT SUPPLIES: FOC

55.77 MISC MAINT SUPPLIES: AQUATICS

27.98 MISC MAINT SUPPLIES: TPL

15.63 MISC MAINT SUPPLIES: THEATER

3.00 MISC MAINT SUPPLIES: MPSC

1.62 8,090.72
208363
3/10/2022
020698

HICKS AND HARTWICK INC
ENG PLAN CK SVCS: LAND DEV:
1,750.00
1,750.00

SOLANA WAY
208364
3/10/2022
003198

HOME DEPOT
MISC HRDWR SUPPLIES: CIVIC CTR

78.60 HARDWARE SMALL TOOLS: TRAFFIC MAINT

53.00 131.60
208365
3/10/2022
015923

INSIGHT PUBLIC SECTOR INC
COMPUTER REPLACEMENT: LIBRARY
2,834.72
2,834.72
208366
3/10/2022
016257

KELLY SPICERS INC, DBA
COPY PAPER: CENTRAL SVCS
2,340.25
2,340.25

KELLY SPICERS STORES
208367
3/10/2022
017118

KRACH BREE B, DBA
NAME BADGES: THEATER

73.95 TEMECULA TROPHY & DES
ENGRAVING SVCS: HR & TEAM PACE

27.19 CREDIT
-6.80

94.34 208368
3/10/2022
020415
EMPLOYEE #00521
REIMB: QSD/QSP CERTIFICATE

95.00 95.00

RENEWAL
208369
3/10/2022
021927

L & M MANAGEMENT LLC, DBA
RFRSHMNTS: EMPLOYEE OF THE QTR
2,513.21
2,513.21

THE SMOK'D HOG
208370
3/10/2022
019884

LEONIDA BUILDERS INC

SANTA GERTRUDIS CRK PEDESTRIAN
268,516.93
EXT
REL STP NTC: DEXTERITY PLACING STE
83,385.90
351,902.83
208371
3/10/2022
002634

LITELINES INC
LIGHT POLE BANNER ARM: OLD TOWN
2,202.19
2,202.19
Page:4

apChkLst
03/10/2022
3:57:41PM
Final Check List

CITY OF TEMECULA
Page: 5
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
208372
3/10/2022
013982

M C I COMM SERVICE
FEB 7DK89878 XXX-0714 GEN USAGE

37.32 MALL PD
FEB 7DK90589 XXX-0346 GEN USAGE

35.56 72.88
208373
3/10/2022
003782

MAIN STREET SIGNS, DBA
CITY STREET SIGNAGE: STREET
3,270.32

ATHACO INC
MAINT: PW
CITY STREET SIGNAGE: STREET MAINT
978.21
CITY STREET SIGNAGE: STREET MAINT

21.55 4,270.08
208374
3/10/2022
000727

NATIONAL FIRE PROTECTION

MEMBERSHIP RENEWAL
1,520.50
1,520.50

ASSN, LEADS ETC INC
208375
3/10/2022
000209

NUTRIEN AG SOLUTIONS INC
EQUIPMENT REPAIR: FIRE STA 84
156.93
156.93
208376
3/10/2022
005075

PRUDENTIAL OVERALL
UNIFORM SRVCS: STREET MAINT: PW

66.74 SUPPLY
UNIFORM SVC: PARKS MAINT: PW

65.49 2/22 UNIFORM RENTAL: PARKS: PW

60.06 UNIFORM SVCS: STREET MAINT: PW

43.30 UNIFORM SRVCS: STREET MAINT: PW

42.64 278.23
208377
3/10/2022
008651

R M F CONTRACTING INC, DBA
ELEC REPAIRS: SP-08/PATRICIA
15,943.24
15,943.24

R&M ELECTRICAL CONTRA

BIRDSALL SP
208378
3/10/2022
022835

RAYALLEN MANUFACTURING
k9 harness - Jack: tem sheriff
306.69
306.69
LLC
208379
3/10/2022
017391

RISE INTERPRETING INC
FEB SIGN LANGUAGE INTERPRETING:
1,440.00
1,440.00

CLASSES
208380
3/10/2022
000411

RIVERSIDE CO FLOOD
12/21 CHANGES: S GERTRUDIS CRK
295.53

CONTROLAND, WATER

CONSERVATION DIST
12/21 CHANGES:MURR CRK CHANNEL
551.96
847.49
208381
3/10/2022
000357

RIVERSIDE CO
MAPPING SVCS: LAND DEV: PW
500.00
500.00

TRANSPORTATION
208382
3/10/2022
000278

SAN DIEGO UNION -TRIBUNE
2022 SUBSCR: PW 10093646469
138.41
138.41
208383
3/10/2022
021881

SEDIGHIAN PAYMAN, DBA

SENIOR VOLUNTEER DRIVING

50.00 50.00

TEMECULA SMOG
RODEO:PD
208384
3/10/2022
022846

SEGISMAR, MARYANN
REFUND: SEC DEPOSIT TCC 2-26-22
200.00
200.00
208385
3/10/2022
022838

SIERRA CLUB SANTA,
FY21-22 COMMUNITY SERVICE
2,500.00
2,500.00

MARGARITA GROUP

FUNDING
208386
3/10/2022
000537

SO CALIF EDISON
FEB 700116137841 VARIOUS
33,403.31
33,403.31

LOCATIONS
Page:5

apChkLst Final Check List Page: 6
03/10/2022 3:57:41PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
208387 3/10/2022 000519 SOUTH COUNTY PEST

CONTROL INC
208388 3/10/2022 012652 SOUTHERN CALIFORNIA,

TELEPHONE COMPANY
208389 3/10/2022 015373 SPECTRASYSTEMS INC, DBA

SPECTRATURF
208390 3/10/2022 019250 ST FRANCIS ELECTRIC LLC
208391 3/10/2022 008337 STAPLES BUSINESS CREDIT
208392 3/10/2022 022717 STATE TREASURER'S OFFICE
208393 3/10/2022 008373 SUNBELT RENTALS INC
(Continued)
Description
Amount Paid Check Total
PEST CTRL SERVICES: LIBRARY
180.00
PEST CONTROL SVCS: HARVESTON PAF

95.00 PEST CTRL SVCS: MRC

94.00 PEST CTRL SVCS: THEATER

90.00 PEST CTRL SVCS: LIBRARY

90.00 PEST CTRL SVCS: CRC

90.00 PEST CONTROL SVCS: WOLF CREEK PA

49.00 PEST CTRL SVCS: WEST WING

40.00 PEST CTRL SVCS: IWTCM

36.00 PEST CTRL SERVICES: WEDDING CHAP

32.00 PEST CONTROL SVCS: CHAPEL/HISTOR

32.00 PEST CTRL SVCS: MPSC

29.00 PEST CONTROL SVCS: HISTORY MUSEL

84.00 PEST CTRL SVCS: JRC

74.00 PEST CONTROL SVCS: MRC

70.00 PEST CTRL SVCS: TVE2

56.00 PEST CONTROL SERVICES: PARKS

49.00 PEST CONTROL SVCS: DUCK POND

49.00 1,239.00
MARCH GEN USAGE:
738.34 738.34
0141,0839,0978,0979
SAFETY SURFACING: WOLF CRK N 17,647.70
PARK: PW
SAFETY SURFACING: WOLF CRK TRL PP 12,427.00 30,074.70
TRAFFIC POLE REPLACE: 7,926.12 7,926.12

MARGARITA/LA SEREN
MISC SUPPLIES: RHRTPL: TCSD
294.06
MISC OFC SUPPLIES: ADMIN: TCSD
204.13
MISC OFC SUPPLIES: THEATER: TCSD
140.43
MISC SUPPLIES: RHRTPL: TCSD

11.47 MISC OFC SUPPLIES: ADMIN: TCSD

8.12 658.21
CONDEMNATION DEPOSIT: 1-15/FVP
34,700.00 34,700.00
TOWER/POWER RENTALS: SPEC
19,061.17
EVENTS:TCSD
TOWER/POWER RENTALS: SPEC EVENT
13,166.62
TOWER/POWER RENTALS: SPEC EVENT
936.64
TOWER/POWER RENTALS: SPEC EVENT
692.70
TOWER/POWER RENTALS: SPEC EVENT
478.69
TOWER/POWER RENTALS: SPEC EVENT
458.54
TOWER/POWER RENTALS: SPEC EVENT
249.66
TOWER/POWER RENTALS: SPEC EVENT
-17.94
TOWER/POWER RENTALS: SPEC EVENT
-30.99
TOWER/POWER RENTALS: SPEC EVENT
-208.88 34,786.21
Pagefi

apChkLst Final Check List Page: 7
03/10/2022 3:57:41PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
208394
3/10/2022
000515

TEMECULA VALLEY CHAMBER

TVCC SPONSORSHIP FUNDS

OF, COMMERCE
208395
3/10/2022
003941

TEMECULA WINNELSON
PLUMBING SUPPLIES: PARKS: PW

COMPANY
208396
3/10/2022
022584

THERMO SCIENTIFIC

TRUNARC PORTABLE ANALYTICAL

PORTABLE, ANALYTICAL
INSTURMENTS:

INSTRUMENTS
208397
3/10/2022
021010

VISIONARIES IMAGE CO LLC
VAR VIDEOGRAPHY SRVCS: SOTC
208398
3/10/2022
020275

WALLACE & ASSOC
DEC INSPECTION SVCS: PW

CONSULTING LLC, ANSER

LD/NPDES

ADVISORY MNGMT LLC
JAN INSPECTION SVCS: LAND DEV/NPD
208399
3/10/2022
001342

WAXIE SANITARY SUPPLY INC
CLEANING SUPPLIES: PARKS: PW
208400
3/10/2022
020193

WHITE CAP LP
MISC SUPPLIES: STREET MAINT: PW
208401
3/10/2022
003776

ZOLL MEDICAL CORPORATION,
PARAMEDIC SUPPLIES: MEDICS
GPO
Amount Paid Check Total
50,000.00 50,000.00
2,788.62 2,788.62
30,917.40 30,917.40
7,315.65
7,315.65
24,219.00
13,869.00
38,088.00
5,296.89
5,296.89
195.75
195.75
3,254.34
3,254.34
Grand total for UNION BANK: 6,875,156.63
Page-7

apChkLst Final Check List Page: 8
03/10/2022 3:57:41PM CITY OF TEMECULA
86 checks in this report.

Grand Total All Checks: 6,875,156.63
Page:8

apChkLst Final Check List Page: 1
03/16/2022 2:05:20PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
12954
3/1/2022
000246

PERS (EMPLOYEES'

RETIREMENT)
13029
3/1/2022
014685

COMPASS BANK
13030
3/1/2022
014685

COMPASS BANK
13034
3/14/2022
001986

MUZAK LLC
13035
3/14/2022
001986

MUZAK LLC
13059
3/17/2022
000444

INSTATAX (EDD)
13060
3/17/2022
000283

INSTATAX (IRS)
102113
3/9/2022
022856

BISSELL, CHRISTOPHER
208402
3/16/2022
019307

ADVANCED AUTOMOTIVE
SMOG
208403
3/16/2022
003552

AFLAC PREMIUM HOLDING,

C/O BNB BANK LOCKBOX
208404
3/16/2022
006254

BALLET FOLKLORICO, AKA

LORENA HANCOCK
208405
3/16/2022
022477

BEHAVIORAL ANALYSIS

TRAINING, INC
208406 3/16/2022 001323 BLUETRITON BRANDS INC,

DBA READYREFRESH
Description
Amount Paid
Check Total

PERS RETIREMENT PAYMENT
400.00
400.00
2018 MRC DEBT SVC
138,951.09
138,951.09
'11 REFUNDING 01/08 CERT PART
521,588.15
521,588.15

DEBT SVC
MAR DISH NETWORK 41952 6TH ST

59.16 59.16
MAR DISH NETWORK 32131
175.38
175.38

BUTTERFIELD STG

STATE TAX PAYMENT
29,804.13
29,804.13

FEDERAL TAX PAYMENT
93,922.30
93,922.30
REFUND: B22-1131 PLAN CHECK

70.80 70.80

CANCELLED
ANNUAL SMOG CHECK: STREETS: PW

50.00 50.00

AFLAC ACCIDENT INDEMNITY
3,325.34
3,325.34

PAYMENT

TCSD INSTRUCTOR EARNINGS
756.00
756.00
OUTLAW MOTORCYCLE CLASS: POLICE 100.00
OUTLAW MOTORCYCLE CLASS: POLICE
100.00
OUTLAW MOTORCYCLE CLASS: POLICE
100.00
OUTLAW MOTORCYCLE CLASS: POLICE
100.00
OUTLAW MOTORCYCLE CLASS: POLICE
100.00
OUTLAW MOTORCYCLE CLASS: POLICE
100.00
OUTLAW MOTORCYCLE CLASS: POLICE
100.00
OUTLAW MOTORCYCLE CLASS: POLICE
100.00 800.00
01/23-02/22 WTR DLVRY SVC: PBSP

52.16 01/23-02/22 WTR DLVRY SVC: SKATE P

9.15 01/23-02/22 WTR DLVRY SVC: HELP CTR

35.77 01/23-02/22 WTR DLVRY SVC: POOL

17.39 01/23-02/22 WTR DLVRY SVC: MRC

8.69 01/15-02/14 WTR DLVRY SVC: TVE2

42.97 166.13
Page:1

apChkLst Final Check List Page: 2
03/16/2022 2:05:20PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
208407 3/16/2022 021502 BUCHER, BRET PHILLIP
208408 3/16/2022 005321 CALIF ASSOC OF CODE,

ENFORCEMENT OFFICERS
(Continued)
Description

TCSD INSTRUCTOR EARNINGS
WEBINAR REGISTRATION: CODE ENF
Amount Paid Check Total
1,309.00

25.00 208409 3/16/2022 021054 CANTRELL, TINA J

TCSD INSTRUCTOR EARNINGS
245.00
208410 3/16/2022 004462 CDW LLC, DBA CDW
KEYBOARD & MOUSE REPLACEMENT:
676.63

GOVERNMENT LLC
IT
MISC SMALL TOOLS & EQUIP: INFO TECH
281.61
MISC SMALL TOOLS & EQUIP: INFO TECH
2O2.71
208411 3/16/2022 005417 CINTAS PROTECTION NO 2,

ANNUAL FIRE EXTINGSHR
295.38
CINTAS FIRE 636525
INSPECTION: TRAFFI
ANNUAL FIRE EXTINGSHR INSPECTION: WES
195.00
ANNUAL FIRE EXTINGSHR INSPECTION: TVE2
275.14
ANNUAL FIRE EXTINGSHR INSPECTION: TCC
195.00
ANNUAL FIRE EXTINGSHR INSPECTION: CIVIC
2,559.61
ANNUAL FIRE EXTINGSHR INSPECTION: CODE E
195.00
ANNUAL FIRE EXTINGSHR INSPECTION:
482.78
ANNUAL FIRE EXTINGUISHER INSPECTION: JRC
209.74
ANNUAL FIRE EXTINGSHR INSPECTION: HA
195.00
ANNUAL FIRE EXTINGUISHER INSPECTION: IWT
195.00
ANNUAL FIRE EXTINGSHR INSPECTION: FOC
202.96
ANNUAL FIRE EXTINGUISHER INSPECTION:
208.97
ANNUAL FIRE EXTINGUISHER INSPECTION: PD/
195.00
ANNUAL FIRE EXTINGUISHER INSPECTION: FIR
209.36
ANNUAL FIRE EXTINGSHR INSPECTION: HEL
195.00
ANNUAL FIRE EXTINGUISHER INSPECTION:
258.47
ANNUAL FIRE EXTINGUISHER INSPECTION: MPS
195.00
ANNUAL FIRE EXTINGUISHER INSPECTION: B&S
195.00
ANNUAL FIRE EXTINGSHR INSPECTION: SAFE
195.00
208412 3/16/2022 022790 CLEARSTAR INC
PRE -EMPLOYMENT SCREENINGS: HR
147.88
208413 3/16/2022 017429 COBRAADVANTAGE INC, DBA FEB FSA & COBRAADMIN: HR 605.70

THE ADVANTAGE GROUP
208414 3/16/2022 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: WEST WING 42.41 DIST
208415 3/16/2022 001264 COSTCO TEMECULA 491 MISC SUPPLIES: BC: FIRE DEPT 487.27 AGENCY MEMBERSHIP RENEWAL 180.00
208416 3/16/2022 017038 CPS HR CONSULTING RECLASSIFICATION STUDY: HR 3,268.75 1,309.00

25.00 245.00

1.160.95
6,652.41
147.88
605.70

42.41 667.27
3,268.75
Paget

apChkLst Final Check List Page: 3
03/16/2022 2:05:20PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
208417
3/16/2022
021859

EXP US SERVICES INC
CONSULT SVCS: SANTA GERTRUDIS

CRK TRAIL
208418
3/16/2022
000165

FEDERAL EXPRESS INC
EXP MAIL SVCS: FIRE DEPT
EXP MAIL SVCS: FINANCE
208419
3/16/2022
002982

FRANCHISE TAX BOARD

SUPPORT PAYMENT
208420
3/16/2022
019721

GOVCONNECTION INC
CISCO MERAKI RENEWAL: INFO TECH
HP REPLACEMENT MONITORS: INFO TE
208421
3/16/2022
013749

HELIXSTORM INC
IT INFRASTRUCTURE SUPPORT: INFO
TECH
208422
3/16/2022
003198

HOME DEPOT
MISC HRDWR SUPPLIES: CIVIC CTR
208423
3/16/2022
022569

INLAND FLEET SOLUTIONS INC
VEHICLE & EQUIP REPAIRS: STREETS:

PW
208424
3/16/2022
018352

JAMES ELLIOTT
PERF: BON JOVI TRIBUTE 3/3

ENTERTAINMENT
208425
3/16/2022
016257

KELLY SPICERS INC, DBA
COPY PAPER: CENTRAL SVCS

KELLY SPICERS STORES
208426
3/16/2022
017118

KRACH BREE B, DBA
NAME PLATES: COMMISSIONERS:

TEMECULA TROPHY& DES
TCSD
208427
3/16/2022
003975
EMPLOYEE #00231
REIMB: CPRS CONF 03/08/22-03/10/22
208428
3/16/2022
015953

LLOYDS DESIGNS
DESIGN SERVICES: TCSD
208429
3/16/2022
003782

MAIN STREET SIGNS, DBA
MISC SIGNAGE: PW

ATHACO INC
CITY STREET SIGNAGE: STREET MAINT:

CITY STREET SIGNAGE: STREET MAINT:

CITY STREET SIGNAGE: STREET MAINT:

CITY STREET SIGNAGE: STREET MAINT:

CITY STREET SIGNAGE: STREET MAINT:
208430
3/16/2022
022664

MARIPOSATREE
TREE TRIMMING: VAIL RANCH SLOPE

MANAGEMENT INC
TREE TRIMMING: CITY RIGHT-OF-WAY
TREE TRIMMING: CHANTEMAR SLOPE
208431
3/16/2022
021434

MATRIX TELECOM LLC DBA
FEB 800 SERVICES: CIVIC CENTER
LINGO
Amount Paid Check Total
17,138.09
17,138.09

29.56 7.77

37.33 50.00

50.00 15,250.15
4,864.19
20,114.34
8,468.75
8,468.75

67.36 67.36
187.54
187.54
2,112.40
2,112.40
359.26
359.26
141.38
141.38
1,930.91
1,930.91
1,500.00
1,500.00
915.34

53.82 64.65
206.23
214.96
581.53
2,036.53
24,096.00
1,017.00
4,358.00
29,471.00

67.53 67.53
Page:3

apChkLst Final Check List Page: 4
03/16/2022 2:05:20PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
208432
3/16/2022
013443

MIDWEST TAPE LLC
BOOKS ON TAPE: LIBRARY
208433
3/16/2022
021861

NANCY K BOHL INC, THE
TRAINING: PEER SUPPORT: FIRE DEPT

COUNSELING TEAM INT'L
ADULT BASKETBALL OFFICIATING:
208434
3/16/2022
020300

NCBOA, INC
TCSD
208435
3/16/2022
018461

PACIFIC PRODUCTS &
PEDESTRIAN BARRICADES: STREETS:

SERVICE LLC
PW
208436
3/16/2022
022771

QUAKEHOLD INDUSTRIAL INC
EARTHQUAKE TRAILER: EOC: FIRE
GENERATOR MAINT: LIBRARY: PW
208437
3/16/2022
020127

QUINN COMPANY
GENERATOR MAINT: STA92: FIRE
MISC EQUIPMENT PARTS: STREET
208438
3/16/2022
002012

R D O EQUIPMENT COMPANY
MAINT: PW
CREDIT: PART#AT309105: STREETS: PW
208439
3/16/2022
000268

RIVERSIDE CO HABITAT,
JAN '22 K-RAT PAYMENT

CONSERVATION AGENCY
208440
3/16/2022
022593

RIVERSIDE CO, OFC OF
ICSC Riverside County Booth Partnership

ECONOMIC DEV
208441
3/16/2022
009980

SANBORN GWYNETH A, CO
COUNTRY LIVE! @ THE MERC 3/5

TEMECULA MUSIC ACADEMY
208442
3/16/2022
011511

SCUBA CENTER TEMECULA

TCSD INSTRUCTOR EARNINGS
208443 3/16/2022 000537 SO CALIF EDISON
208444 3/16/2022 000519 SOUTH COUNTY PEST

CONTROL INC
208445 3/16/2022 008373 SUNBELT RENTALS INC
FEB 700039423268 VARIOUS

LOCATIONS
FEB 700276704365 VARIOUS

LOCATIONS
PEST CONTROL SVCS: SPLASH PAD
PEST CONTROL SVCS: RRSP: PARKS
PEST CONTROL SVCS: TES POOL: PW
PEST CNTRL SVCS: WEST WING
PEST CTRL SVCS: SENIOR CENTER
PEST CONTROL SVCS: TCC: PW FACS
PEST CTRL SVCS: TVE2
PEST CTRL SVCS: FOC
MISC EQUIPMENT RENTAL: STREETS:

PW
Amount Paid Check Total

33.81 398.00
1,778.00
1,486.56
3,500.00
966.43
605.73
4,727.59
-467.05
2,300.00
2,500.00
911.25
241.50
945.20
482.29

49.00 94.00
-59.00

40.00 29.00
123.00

56.00 52.00
286.66

33.81 398.00
1,778.00
1,486.56
3,500.00
1,572.16
4,260.54
2,300.00
2,500.00
911.25
241.50
1,427.49
384.00
286.66
Page:4

apChkLst Final Check List Page: 5
03/16/2022 2:05:20PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
208446
3/16/2022
001547
TEAMSTERS LOCAL 911

UNION MEMBERSHIP DUES PAYMENT
208447
3/16/2022
011694

TEMECULA VALLEY VFW POST
FY21-22 COMMUNITY SVCS FUNDING
4089
208448
3/16/2022
019100

TNT ENTERTAINMENT GROUP
DJ/MC/SOUND SVCS: WINTER CHILL
LLC
DJ/MC/SOUND SVCS: NYE GRAPE DROF
208449
3/16/2022
001890

VORTEX INDUSTRIES INC
GATE REPAIR: FIRE STA84
ROLL -UP DOOR RPLC: PRKG GARAGE: I
DOOR REPLACEMENT: PARKING GARAC
BAY DOOR REPAIR: FIRE STA 73
208450
3/16/2022
021148

WEX BANK
02/07-03/06 FUEL USAGE: POLICE
Amount Paid Check Total
4,948.22
5,000.00
22,500.00
15,732.00
1,706.80
18,434.15
6,473.26
3,538.06

1.989.88
Grand total for UNION BANK:
4,948.22
5,000.00
38,232.00
30,152.27
1,989.88
989,277.61
Page:5

apChkLst Final Check List Page: 6
03/16/2022 2:05:20PM CITY OF TEMECULA
57 checks in this report.

Grand Total All Checks: 989,277.61
Page6

apChkLst Final Check List Page: 1
03/15/2022 2:20:56PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date
Vendor
Description
501955 3/17/2022
004802 ADLERHORST INTERNATIONAL
FEB K-9 TRAINING: KING/MUSHINSKIE
LLC
501956 3/17/2022
009374 ALLEGRO MUSICAL VENTURES
PIANO TUNING/MAINT: THEATER

DBA, ALLEGRO PIANO

SERVICE
PIANO TUNING/MAINT: THEATER
PIANO TUNING/MAINT: LIBRARY
501957 3/17/2022
004240 AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN

SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
501958 3/17/2022
013950 AQUA CHILL OF SAN DIEGO
MAR WATER SERVICES: TEM SHERIFF
MAR DRINKING WTR SYS MAINT: PD ST(
501959 3/17/2022
022651 BRANDASSASSINS
RETRACTABLE BANNER:HR
501960 3/17/2022
022670 BROWN, JAMAL DEON, DBA

TCSD INSTRUCTOR EARNINGS

JDB TRAINING
501961 3/17/2022
004248 CALIF DEPT OF
FEB FINGERPRINTING SVCS: ECO

JUSTICE-ACCTING
DEV
FEB FINGERPRINTING SVCS: HR
FEB FINGERPRINTING SVCS: CONTRAC
FEB FINGERPRINTING SVCS: VOLUNTEI
501962 3/17/2022
016688 CALIFORNIA WATERSHED ENG
DSGN SVCS: FLOOD CONTROL

CORP, DBA CWE
CHANNEL PW11-10
501963 3/17/2022
017542 COX, KRISTI LYN

TCSD INSTRUCTOR EARNINGS
501964 3/17/2022
004192 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: PARK
MAINT: PW
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: STREET MAI
FUEL FOR CITY VEHICLES: TRAFFIC: P)
FUEL FOR CITY VEHICLES: BLDG & SAFI
FUEL FOR CITY VEHICLES: FIRE DEPT
FUEL FOR CITY VEHICLES: LAND DEV: F
FUEL FOR CITY VEHICLES: CODE ENFOI
501965 3/17/2022
002577 ENGINEERING RESOURCES,
ENG CONSULT SVCS: OVERLAND:

OF SOUTHERN CALIF., INC.

PW20-11
501966 3/17/2022
010804 FEHRAND PEERS
TRANSP
DISCOVERY/BENCHMARKING: PLAN
Amount Paid Check Total
350.00 350.00
225.00
750.00
225.00
1,200.00
755.30
213.50
120.40
1,089.20

61.96 61.96
123.92
491.25
491.25
2,153.90 2,153.90

49.00 294.00
147.00
147.00 637.00
12,792.50 12,792.50
150.00 150.00
1,297.36
875.07
710.52
319.95
198.31
195.02
181.19

41.07 3,818.49
8,864.00 8,864.00
13,652.63 13,652.63
Page:1

apChkLst
Final Check List
Page: 2
03/15/2022
2:20:56PM

CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
501967
3/17/2022
022726

FORENSIC NURSING OF
SART EXAM: TEM SHERIFF
1,200.00

SOCAL INC
SART EXAM: TEM SHERIFF
1,200.00
SART EXAM: TEM SHERIFF
1,200.00
SART EXAM: TEM SHERIFF
800.00
4,400.00
501968
3/17/2022
001937

GALLS LLC
Misc equipment: Police: CAP

32.81 32.81
501969
3/17/2022
021365

GEORGE HILLS COMPANY INC
FEB CLAIM ADJUSTER SVCS: RISK
2,891.21
MGMT
JAN CLAIM ADJUSTER SVCS: RISK MGM
171.90
JAN CLAIM ADJUSTER SVCS: RISK MGM

85.95 3,149.06
501970
3/17/2022
000177

GLENNIES OFFICE PRODUCTS
MISC OFC SUPPLIES: CODE

19.69 19.69
INC

ENFORCEMENT
501971
3/17/2022
004890

GOLDEN STATE FIRE
ANNUAL SPRINKLER INSPECTION:
900.00

PROTECTION

LIBRARY
ANNUAL SPRINKLER INSPECTIONS: TVE
900.00
ANNUAL SPRINKLER INSPECTIONS: JRC
900.00
ANNUAL SPRINKLER INSPECTIONS: TVN
900.00
ANNUAL SPRINKLER INSPECTIONS: CR(
900.00
ANNUAL SPRINKLER INSPECTIONS: MP:
900.00
ANNUAL SPRINKLER INSPECTION: SAFE
650.00
6,050.00
501972
3/17/2022
013127

JEFFREY STOVER ONSTAGE,
TEM PRESENTS: 10TH ANNUAL JAZZ
4,370.80
4,370.80

MUSICALS

FESTIVAL
501973
3/17/2022
001282

KNORR SYSTEMS INC
MISC PARTS/SUPPLIES: AQUATICS
490.33
490.33
501974
3/17/2022
003726

LIFE ASSIST INC
EMERGENCY MEDICAL SUPPLIES:
292.65
FIRE
EMERGENCY MEDICAL SUPPLIES: FIRE
150.08
EMERGENCY MEDICAL SUPPLY: MEDIC:

68.51 511.24
501975
3/17/2022
021370

MARK THOMAS AND COMPANY
JAN DSGN CONSULTANT SVCS:
3,413.50
3,413.50
INC

CHERRY ST EXT
501976
3/17/2022
018675

MDG ASSOCIATES INC
FEB CDBG PRGM ADMIN: PLANNING
4,302.50

FEB CDBG-CV EMERGENCY RENTAL AS
1,021.00

FEB CDBG-CV EMERGENCY MORTGAGE
996.00

FEB CDBG-CV ADMIN EMERGENCY REN
450.00
6,769.50
501977
3/17/2022
013827

MIKO MOUNTAINLION INC
EXCAVATE VIA LOBO CHANNEL: PW
15,180.00
15,180.00
501978 3/17/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS: PW 1,327.96 INC
ELECTRICAL SUPPLIES: CRC 874.22 2,202.18
501979 3/17/2022 019019 MUSIC CONNECTION LLC STTLMNT: SPEAKEASY AT THE MERC 505.40 505.40 3/12
Paget

apChkLst
03/15/2022
2:20:56PM
Final Check List

CITY OF TEMECULA
Page: 3
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
501980
3/17/2022
022599

NIEVES LANDSCAPE INC
IRRIGATION REPAIRS: P-17 VAIL
772.92
RANCH PK:

IRRIGATION REPAIR: M-14 TEM PKWY: P
178.49
IRRIGATION REPAIRS: PR01- PARK & RIC
178.49
IRRIGATION REPAIRS: P-29 WOLF CREE
154.47
1,284.37
501981
3/17/2022
021121

OCCUPATIONAL HEALTH CTR
2/28 MEDICAL SCREENINGS: HR

87.00 87.00

OF CA, DBA CONCENTRA

MEDICAL CTR
501982
3/17/2022
021998

OLD TOWN TIRE AND SERVICE
VEHICLE MAINT: TEM SHERIFF
264.30
264.30
INC
501983
3/17/2022
022537

REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: CIVIC CTR

86.05 86.05

DISTRIBUTOR
501984
3/17/2022
002412

RICHARDS WATSON AND
JAN 2022 LEGAL SERVICES
12,674.37

GERSHON
JAN 2022 LEGAL SERVICES
940.00
JAN 2022 LEGAL SERVICES
377.00
13,991.37
501985
3/17/2022
009213

SHERRY BERRY MUSIC
PERF: HUBERT LAWS QUINTET 3/2/22
2,908.50
STAND UP COMEDY @ THE MERC 2/26/2
1,825.00
JAZZ @ THE MERC 3/10/22
315.00
JAZZ @ THE MERC 03/03/22
248.50
5,297.00
501986
3/17/2022
000645

SMART AND FINAL INC
REFRESHMENTS: SPECIAL EVENTS:
150.51
150.51
TCSD
501987
3/17/2022
006145

STENO SOLUTIONS
FEB TRANSCRIPTION SVCS: TEM

74.34 74.34

TRANSCRIPTION, SRVCS INC

SHERIFF
501988
3/17/2022
001546

STRAIGHT LINE GLASS AND
WINDOW TINT: STA 95: FIRE
1,218.00
1,218.00

MIRROR, COMPANY INC
501989
3/17/2022
009452
EMPLOYEE #00427
REIMB:SUPPLIES FOR COMMUNITY
108.74
108.74

THEATER
501990
3/17/2022
016311

TIERCE, NICHOLAS
GRAPHIC DSGN SERVICES: THEATER
4,440.00
4,440.00
501991
3/17/2022
000668

TIMMY D PRODUCTIONS INC
DJ/MC/SOUND SVCS: ART OFF THE
300.00
300.00
WALLS
501992
3/17/2022
021549
EMPLOYEE #00534
REIMB: TEAM PACE
380.61
REIMB: TEAM PACE
108.74
489.35
501993
3/17/2022
021580

TOWNSEND PUBLIC AFFAIRS
MAR CONSULTING SRVCS: CITY
6,000.00
6,000.00
INC
CLERK
Page3

apChkLst Final Check List Page: 4
03/15/2022 2:20:56PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
501994
3/17/2022
007766

UNDERGROUND SERVICE

ALERT, OF SOUTHERN

CALIFORNIA
501995
3/17/2022
009194

VILLAGE NEWS, INC
501996
3/17/2022
009101

VISION ONE INC, DBA

ACCESSO
501997
3/17/2022
018147
WADDLETON, JEFFREY L.
501998
3/17/2022
008402

WESTERN RIVERSIDE CO

REG, CONSERVATION

AUTHORITY
(Continued)
Description
Amount Paid
Check Total

FEB UNDERGRND UTILITY LOCATOR
181.60
ALERTS: PW
FEB DIG SAFE BIRD BILLABLE TIX: PW

68.15 249.75
Publication: ED CMO Full Ad
1,485.00
1,485.00
FEB SHOWARE TICKETING SVCS:
2,874.60

THEATER
FEB SHOWARE TICKETING SVCS: THEN
193.13
3,067.73

TCSD INSTRUCTOR EARNINGS
616.00
616.00
JAN'22 MSHCP PAYMENT 75,246.80 75,246.80
Grand total for EFT UNION BANK: 206,873.71
Page:4

apChkLst Final Check List Page: 5
03/15/2022 2:20:56PM CITY OF TEMECULA
44 checks in this report.

Grand Total All Checks: 206,873.71
Page:5

apChkLst
03/22/2022
3:46:26PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
501999
3/24/2022
013015

ALWAYS RELIABLE
BACKFLOW REPLACE & REPAIR:
2,890.00

BACKFLOW, AKA NANETTE

MEDIANS
SEMAN
BACKFLOW TESTING: PARKS
260.00
BACKFLOW TESTING: VARIOUS LOCATI(
108.00
3,258.00
502000
3/24/2022
005037

AMERICAN ASPHALT SOUTH

CITYWIDE SLURRY SEAL PGM
826.59
826.59
INC
PW21-01
502001
3/24/2022
000936

AMERICAN RED CROSS,
STAFF/LIFEGUARDS CERTS:
1,104.00

HEALTH AND SAFETY SVCS

AQUATICS
STAFF/LIFEGUARDS CERTS: AQUATICS
754.00
1,858.00
502002
3/24/2022
013950

AQUA CHILL OF SAN DIEGO
MAR DRINKING WTR SYS MAINT: TCC

28.28 MAR DRINKING WTR SYS MAINT: CIVIC (
212.00
MAR DRINKING WTR SYS MAINT: AQUAT

67.34 MAR DRINKING WTR SYS MAINT: MPSC

34.75 MAR DRINKING WTR SYS MAINT: THEAT

28.28 MAR DRINKING WTR SYS MAINT: INFO T

28.28 MAR DRINKING WTR SYS MAINT: JRC

28.28 MAR DRINKING WTR SYS MAINT: TVM

28.28 MAR DRINKING WTR SYS MAINT: PW

28.28 MAR DRINKING WTR SYS MAINT: TPL

28.28 MAR DRINKING WTR SYS MAINT: FOC

28.28 540.33
502003
3/24/2022
021400

AYERS ELECTRIC INC
ELECTRICAL WORK: FIRE STA 84
900.00
ELECTRICAL WORK:CONVIS/PARKING G
800.00
1,700.00
502004
3/24/2022
018408

BOB CALLAHAN'S POOL
FEB POOL MAINT: PW FACILITIES
1,150.00
1,150.00

SERVICE
502005
3/24/2022
020436

CRONBERG, RICHARD N

TCSD INSTRUCTOR EARNINGS

28.00 28.00
502006
3/24/2022
020648
DG INVESTMENT HOLDINGS 2
CITYWIDE SURVEILLANCE PROJ:
9,450.22
9,450.22

INC, CONVERGINT

SOMMERS BEND

TECHNOLOGIES
502007
3/24/2022
003945

DIAMOND ENVIRONMENTAL
DAMAGE TO FENCE UPON REMOVAL:
185.00
185.00
SRVCS
PW
Page:1

apChkLst
03/22/2022
3:46:26PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
502008
3/24/2022
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: PARKS
1,659.32
MAINT: PW
FUEL FOR CITY VEHICLES: STREET MAI
1,192.17
FUEL FOR CITY VEHICLES: TRAFFIC DIV
689.83
FUEL FOR CITY VEHICLES: BLDG & SAFI
455.00
FUEL FOR CITY VEHICLES: CIP: PW
309.54
FUEL FOR CITY VEHICLES: LAND DEV: P
272.38
FUEL FOR CITY VEHICLES: POLICE DEP
171.89
FUEL FOR CITY VEHICLES: FIRE DEPT
165.71
FUEL FOR CITY VEHICLES: CODE ENFOI
111.99
FUEL FOR CITY VEHICLES: EOC

59.62 5,087.45
502009
3/24/2022
020904

ECONOMIC ALTERNATIVES INC
FEB CONDENSER WTR SYS PM: CIVIC
150.31
150.31
CTR
502010
3/24/2022
011202

EMH SPORTS USA INC

TCSD INSTRUCTOR EARNINGS
346.50
346.50
502011
3/24/2022
022726

FORENSIC NURSING OF
SART EXAM: TEM SHERIFF
1,200.00
1,200.00

SOCAL INC
502012
3/24/2022
013076

GAUDETYVONNE M, DBA YES

TCSD INSTRUCTOR EARNINGS
462.00
462.00

YOU CAN DRAW
502013
3/24/2022
000177

GLENNIES OFFICE PRODUCTS
MISC OFC SUPPLIES: CENTRAL SVCS
110.18
INC
MISC OFC SUPPLIES: PLANNING

12.95 123.13
502014
3/24/2022
004890

GOLDEN STATE FIRE
ANNUAL SPRINKLER INSPECTIONS:
900.00
900.00

PROTECTION
TCC
502015
3/24/2022
006250

HAZ MAT TRANS INC
HAZMAT DISPOSAL: STREET MAINT:
1,549.36
1,549.36
PW
502016
3/24/2022
022671

JFL ELECTRIC INC
CNSTRCTN CONTRACT SVCS: FIBER
39,727.40
39,727.40

OPTIC SYS
502017
3/24/2022
000482

LEIGHTON CONSULTING INC
GEOTECH & MATLTESTING: MINI
3,132.30
3,132.30

PUMPTRCK
502018
3/24/2022
003726

LIFE ASSIST INC
EMERGENCY MEDICAL SUPPLIES:
870.00
MEDIC: FIRE
EMERGENCY MEDICAL SUPPLIES: MEDI
265.83
1,135.83
502019
3/24/2022
000944

MCCAIN TRAFFIC SUPPLY INC
TRAFFIC SIGNAL CONTROLLERS:
107,271.00
107,271.00

FIBER OPTIC
502020
3/24/2022
018675

MDG ASSOCIATES INC
FEB LABOR COMPLIANCE: PW20-08
180.00
180.00
Paget

apChkLst Final Check List Page: 3
03/22/2022 3:46:26PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
502021
3/24/2022
004951

MIKE'S PRECISION WELDING
WELDING: HARVESTON LAKE PARK
INC
ON -CALL WELDING: LONG CANYON PK:
502022
3/24/2022
013827

MIKO MOUNTAINLION INC
DRAINAGE REPAIR: RRSP
502023
3/24/2022
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CTR
INC
MISC ELECTRICAL LIBRARY: TPL
ELECTRICAL SUPPLIES: PARKS: PW
ELECTRICAL SUPPLIES: CIVIC CENTER
MISC ELECTRICAL SUPPLIES: CIVIC CTF
ELECTRICAL SUPPLIES: PARKS: PW
ELECTRICAL SUPPLIES: CIVIC CTR
ELECTRICAL SUPPLIES: CIVIC CENTER
502024
3/24/2022
004040

MORAMARCO ANTHONY J,

TCSD INSTRUCTOR EARNINGS

DBA BIGFOOT GRAPHICS
502025
3/24/2022
022599

NIEVES LANDSCAPE INC

LANDSCAPE
MAINT:SCHOOLS/SPORTS PKS/CRC
502026
3/24/2022
014173

NPG INC DBA, GOLDSTAR

WINCHESTER RD ASPHALT

ASPHALT PRODUCTS

REPAIR/STRIPING
502027
3/24/2022
021998

OLD TOWN TIRE AND SERVICE
MAINT ON TRUCK: HOMELESS
INC
OUTREACH:TCSD
VEHICLE MAINT: CODE ENF
VEHICLE MAINTENANCE: PARKS/FACILI-
VEH MAINT & REPAIR: STREETS: PW
502028
3/24/2022
010338

POOLAND ELECTRICAL,

SPLASH PAD CHEMICALS & PARTS

PRODUCTS INC
502029 3/24/2022 012904 PROACTIVE FIRE DESIGN

AND, CONSULTING
502030 3/24/2022 022537 REFRIGERATION SUPPLIES,

DISTRIBUTOR
502031 3/24/2022 003591 RENES COMMERCIAL

MANAGEMENT
502032 3/24/2022 002412 RICHARDS WATSON AND

GERSHON
502033 3/24/2022 004274 SAFE AND SECURE

LOCKSMITH SRVC
FEB PLAN REVIEW SVC: PREVENTION:

FIRE DE
MISC HVAC SUPPLIES: CITY HALL
HVAC SUPPLIES: MARGARITA REC CTR
HERBICIDE SVCS: CITY CHANNELS:

PW
FEB HOMELESS ENCAMPMENT CLEAN-1
JAN 2022 LEGAL SERVICES

RETROFIT DOORS W/NEW EXIT
DEVICE: MPSC
Amount Paid Check Total
550.00
180.00
9,800.00
1,034.64
652.28
547.45
388.36

79.19 73.45

53.48 31.37
994.00
72,534.53
304,105.00
985.26
295.75
125.74

60.59 605.52
11,995.90
805.63
464.84
9,550.00
8,325.00
464.00
2,226.63
730.00
9,800.00
2,860.22
994.00
72,534.53
304,105.00
1,467.34
605.52
11,995.90
1,270.47
17, 875.00
464.00
2,226.63
Page3

apChkLst Final Check List
03/22/2022 3:46:26PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
502034
3/24/2022
009746

SIGNS BY TOMORROW
502035
3/24/2022
013482

SILVERMAN ENTERPRISES

INC, DBA BAS SECURITY
502036
3/24/2022
003840

STRONG'S PAINTING
Page: 4
(Continued)
Description
Amount Paid
Check Total
NOTICE PUBLIC HEARING SIGNS: DIAZ
427.50
427.50
ROAD
SECURITY: ROTATING PARKS & REC:
2,839.00
2,839.00
TCSD
PAINT SHELTER: HARVESTON LAKE
7,250.00
7,250.00
Grand total for
EFT UNION BANK:
617,706.53
Page:4

apChkLst Final Check List Page: 5
03/22/2022 3:46:26PM CITY OF TEMECULA
38 checks in this report.

Grand Total All Checks: 617,706.53
Page:5

apChkLst Final Check List Page: 1
03/24/2022 2:53:02PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
13019
3/9/2022
006887

UNION BANK OF CALIFORNIA
014779

TOWN CENTER CLEANERS
DRY CLEANING SVC: EOC
216.00
13024
3/9/2022
006887

UNION BANK OF CALIFORNIA
000101

APPLE ONE INC
ADDT PHOHE STORAGE: ECO DEV

2.99 000210

LEAGUE OF CALIF CITIES
CONF REGISTRATION:CMO
-650.00
022852

SITE SELECTORS GUILD INC
REGISTRATION: CONFERENCE
2,000.00
13055
3/14/2022
006887

UNION BANK OF CALIFORNIA
010518

SAFE KIDS WORLDWIDE
REGIST: CHILD PASSENGER SAFETY: POLICE

95.00 022851

HAVERKAMP & ASSOCIATES
100.00
INC
RAINING: PASSENGER SAFETY:

POLICE
208451
3/24/2022
019628
9 FINGERS INC, DBA PAND P
246.69

UNIFORMS
UNIFORMS: PREVENTION: FIRE DEPT
208452
3/24/2022
005058
EMPLOYEE #00218
REIMB: LOCC CONF 2/2 - 2/4/22

25.13 208453
3/24/2022
007282

AMAZON CAPITAL SERVICES
MISC OFCE SUPPLIES: MALL

80.92 INC
STOREFRONT:PD
208454
3/24/2022
004623

AQUA SOURCE INC
VARIOUS SUPPLIES: AQUATICS
2,446.88
208455
3/24/2022
017149

B G P RECREATION INC

TCSD INSTRUCTOR EARNINGS
8,067.72
208456
3/24/2022
011954

BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRPTL:

TCSD
928.66
BOOK COLLECTIONS: RHRPTL:

TCSD
246.45
BOOK COLLECTIONS: RHRPTL:

TCSD
231.65
BOOK COLLECTIONS: RHRPTL:

TCSD
200.16
BOOK COLLECTIONS: RHRPTL:

TCSD
107.54
BOOK COLLECTIONS: RHRPTL:

TCSD
107.35
BOOK COLLECTIONS: RHRPTL:

TCSD

72.49 BOOK COLLECTIONS: RHRPTL:

TCSD

30.11 BOOK COLLECTIONS: RHRPTL:

TCSD

15.58 BOOK COLLECTIONS: RHRPTL: TCSD

15.55 208457
3/24/2022
001323

BLUETRITON BRANDS INC,
02/11-03/10 WTR DLVRY SVC: FOC

71.08 DBA READYREFRESH
1/23-2/22 WTR DLVRY SVC: HARVESTON

19.38 208458
3/24/2022
011348

BONCOR WATER SYSTEMS
03/03-03/30 WTR FILTER: FIRE STA 73
297.50

LLC, DBA SUNSHINE WATER
SOFT
Check Total
216.00
1,352.99
195.00
246.69

25.13 80.92
2,446.88
8,067.72
1,955.54

90.46 297.50
Page:1

apChkLst Final Check List Page: 2
03/24/2022 2:53:02PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
208459
3/24/2022
000319

BSN SPORTS LLC
FIELD SUPPLIES/EQUIPMENT:

SOMMERS BEND
208460
3/24/2022
021403

CALIFORNIA MUSIC HALL OF
REFUND: CS21-3618 PERMIT
FAME

CANCELLED
208461
3/24/2022
017867

CAPITOL ENQUIRY
2022 POCKET DIRECTORY CA

LEGISLATURE
208462
3/24/2022
016446

CHRISTIAN STITCHERY INC,
SPORTS UNIFORMS: SPORTS: TCSD

DBA SO CAL IMPRESSIONS
SPORTS UNIFORMS: SPORTS: TCSD
208463
3/24/2022
019814
CODE 5 GROUP LLC
SLAP ON TRACKERS & SRVC: TEM

SHERIFF
208464
3/24/2022
011922

CORELOGIC INC, DBA
FEB PROP ID SFTWR: CODE

CORELOGIC SOLUTIONS

ENFORCMENT
208465
3/24/2022
013379

COSSOU, CELINE

TCSD INSTRUCTOR EARNINGS
208466
3/24/2022
014521

COSTAR REALTY
MAR'22 WEB SUBSCRIPTION: ECO

INFORMATION INC
DEV
208467
3/24/2022
001264
COSTCO TEMECULA 491
MISC SUPPLIES: BC: FIRE
208468
3/24/2022
022731

CRISP ENTERPRISES INC, DBA
REPROGRAPHIC SVC: MPSC

CRISP IMAGING

RENOVATION
208469
3/24/2022
002990

DAVID TURCH AND
FEB FEDERAL LOBBYING SVCS: CITY

ASSOCIATES
MGR
208470
3/24/2022
003945

DIAMOND ENVIRONMENTAL
PORTABLE RESTROOM: VAIL RANCH
SRVCS
PARK
PORTABLE RESTROOM: LONG CANYON
PORTABLE RESTROOM: LA SERENA WA
PORTABLE RESTROOM: RIVERTON PAR
208471
3/24/2022
019438

DISPEKER ARTISTS INT'L INC
Theater Performance: APR 2, 2022
208472
3/24/2022
022761

ELLIS, BRENDA JEAN
ART DEMONSTRATION: RUG HOOKING
208473
3/24/2022
000164

ESGIL LLC
SEP PLAN CK SVCS: COMDEV DEPT
OCT PLAN CK SVCS: COMDEV DEPT
208474
3/24/2022
021859

EXP US SERVICES INC
CONSULT SVCS: SANTA GERTRUDIS

CRK TRAIL
Amount Paid Check Total
7,967.72
7,967.72
100.00
100.00

22.52 22.52
1,957.50
1,463.23
3,420.73
1,415.00
1,415.00
455.00
455.00
577.50
577.50
1,200.00
1,200.00
271.77
271.77
216.79
216.79
5,500.00
5,500.00
165.88
110.88
110.88
110.88
498.52
5,583.00
5,583.00
150.00
150.00
42,970.01
22,439.95
65,409.96
15,697.31
15,697.31
Paget

apChkLst Final Check List Page: 3
03/24/2022 2:53:02PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
208475
3/24/2022
015330

FAIR HOUSING COUNCIL, OF
FEB CDBG SUB -RECIPIENT: FAIR

RIVERSIDE COUNTY INC

HOUSING SVC
208476
3/24/2022
018858

FRONTIER CALIFORNIA INC

MAR INTERNET SVCS - SOMMERS
BEND
208477
3/24/2022
016184

FUN EXPRESS LLC
MISC SUPPLIES: SPECIAL EVENTS:

TCSD
208478
3/24/2022
022865
EMPLOYEE #00571
REIMB: SUPPLIES: EOQ
208479
3/24/2022
010452

GAYLORD BROS INC
MISC SUPPLIES: TVM/ACE: TCSD
MISC SUPPLIES: TVM/ACE: TCSD
208480
3/24/2022
014100

GODS FAN CLUB, DBA
CDBG: RENTAL ASSISTANCE:

PROJECT TOUCH

LLAUSAS
208481
3/24/2022
000186

HANKS HARDWARE INC
MISC MAINT SUPPLIES: STREET
MAINT: PW
MISC MAINT SUPPLIES: OLD TOWN
HRDWR SUPPLIES: FIRE STA 12 & 73
MISC MAINT SUPPLIES: THEATER
MISC MAINT SUPPLIES: IWTCM
MISC MAINT SUPPLIES: TVM
MISC MAINT SUPPLIES: MPSC
MAINT SUPPLIES: HARVESTON LAKE
MISC MAINT SUPPLIES: LIBRARY
208482
3/24/2022
001135

HEALTHPOINTE MEDICAL
MEDICAL SCREENINGS: HR
GROUP INC, DBA: FIRST CARE

INDUSTRIA
208483
3/24/2022
013749

HELIXSTORM INC
INFRUSTRUCTURE SUPPORT: INFO
TECH
SURVEILLANCE SWITCHES SUPPORT: It
208484
3/24/2022
003198

HOME DEPOT
HARDWARE SMALL TOOLS: TRAFFIC
MAINT
208485
3/24/2022
001091

KEYSER MARSTON

FEB FISCAL IMPACT ANALYSIS

ASSOCIATES INC
REVIEW: PRADO
208486
3/24/2022
019293

KITTRICH CORPORATION
K9 food: Tern Sheriff
208487
3/24/2022
000845

NATIONAL LEAGUE OF CITIES
3/1/22-2/28/23 AGENCY MBRSHP DUES
208488
3/24/2022
022863

NPL SOUTHWEST
REFUND: BIRDSALL SPORTS PARK
SOCCER
Amount Paid Check Total
1,876.19
1,876.19
224.28
224.28
6,793.53
6,793.53
526.51
526.51
296.68
252.16
548.84
1,440.00
1,440.00
505.00
202.43
196.74
101.10

46.95 33.68

30.77 14.97

6.62 1,138.26
100.00
100.00
3,000.00
2,156.00
5,156.00

82.64 82.64
2,305.00
2,305.00
117.88
117.88
9,415.00
9,415.00
958.00
958.00
Page:3

apChkLst Final Check List Page: 4
03/24/2022 2:53:02PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date Vendor
Description
208489 3/24/2022 002176

RANCHO CALIF BUS PKASSOC
APR-JUN'22 BUS PKASSN DUE: TVE2
APR-JUN'22 BUS PKASSN DUE: DIAZ RI
APR-JUN'22 BUS PKASSN DUE: FOC
208490 3/24/2022 011853

RANCON COMMERCE CNTR
APR-JUN'22 BUS PKASSN DUE: STA
PH2,3&4
73 APR-JUN'22 BUS PKASSN DUE: OVRLN
JAN-MAR'22 BUS PKASSN DUE: OVRLN
APR-JUN'22 BUS PKASSN DUE: OVRLN
208491 3/24/2022 022715

RIVERSIDE CO PUBLIC
DEC EMERG RADIO RENTALS: POLICE

SAFETY, ENTERPRISE

COMMUNICATION
DEC EMERG RADIO RENTALS: PARK RA
208492 3/24/2022 017699

SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: ECON DEV

PRESTON

PROJECTS
PHOTOGRAPHY SVCS: ECON DEV PRO,
PHOTOGRAPHY SVCS: MRC DEMO: TCS
208493 3/24/2022 017113

SCHOLASTIC LIBRARY
MISC BOOKS: RHRTPL: TCSD

PUBLISHING,
MISC BOOKS: RHRTPL: TCSD
208494 3/24/2022 002503

SOUTH COAST AIR QUALITY,
FY21/22 OPERATING FEES: CITY HALL

MANAGEMENT DISTRICT
FY21/22 FLAT FEE: LAST FY EMISSIONS:
208495 3/24/2022 000519

SOUTH COUNTY PEST
PEST CONTROL SVCS: TCC

CONTROL INC
PEST CONTROL SVCS: STA 95
PEST CONTROL SVCS: FIRE STA 73
PEST CONTROL SVC: CIVIC CENTER
208496 3/24/2022 000293

STADIUM PIZZA INC
RFRSHMNTS: HIGH HOPES EVENTS:

TCSD
208497 3/24/2022 003000

STATE WATER RESOURCE
401 PERMITAPP FEE: PW16-01: CIP

CONTROL, BOARD
208498 3/24/2022 017814

STC TRAFFIC INC

FIBER OPTIC COMM SYS UPGRADE
P W 18-05
INTERSECTION CONTROL & OPS EVAL:
208499 3/24/2022 015648

STEIN ANDREW, DBA PARKINK
PROMOTIONAL ITEMS: THEATER
208500 3/24/2022 009061
STURDIVANT. ANGELA P

TCSD INSTRUCTOR EARNINGS
208501 3/24/2022 022473 TAN D G GLOBAL LLC, DBA ST. OLD TOWN CHRISTMAS TREE: TCSD NICK'S
208502 3/24/2022 020275 WALLACE & ASSOC JAN CONSTRUCTION MGMT SVCS:

CONSULTING LLC, ANSER PW18-05

ADVISORY MNGMT LLC
Amount Paid Check Total
2,234.14
2,033.07
1,843.17
6,110.38
510.71
249.03
208.30
177.27
1,145.31
1,970.28
205.20
2,175.48
300.00
220.00
170.00
690.00
1,065.24

27.38 1,092.62
440.15
142.59
582.74
123.00

80.00 68.00
-59.00
212.00
112.53
112.53
10,079.00 10,079.00
13,212.50
6,570.00 19,782.50
5,584.55 5,584.55
490.00 490.00
15,900.00 15,900.00
12,333.00 12,333.00
Page:4

apChkLst Final Check List Page: 5
03/24/2022 2:53:02PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
208503
3/24/2022
007987

WALMART
208504
3/24/2022
000339

WEST PUBLISHING

CORPORATION,
DBA:THOMSON REUTERS
208505
3/24/2022
000341

WILLDAN ASSOCIATES INC
(Continued)
Description
Amount Paid Check Total
HOSPITALITY & MISC SUPPLIES: 168.31
THEATER: TC
MISC SUPPLIES: HELP CENTER:TCSD 167.89 336.20
CLEAR SUBSCRIPTION: TEM SHERIFF 984.53 984.53
JAN TRAFFIC ENG SVCS: PROMENADE 4,979.00 4,979.00
AT RING:

Grand total for UNION BANK: 236,732.62
Page:5

apChkLst Final Check List Page: 6
03/24/2022 2:53:02PM CITY OF TEMECULA
58 checks in this report.

Grand Total All Checks: 236,732.62
Page6

Item No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: April 12, 2022
SUBJECT: Approve City Treasurer's Report as of October 31, 2021 PREPARED BY: Jordan Snider, Senior Accountant
RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of October 31, 2021.

BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively.

Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements.

Attached is the City Treasurer's Report that provides this information.

The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of October 31, 2021.

FISCAL IMPACT: None
ATTACHMENTS: City Treasurer's Report as of October 31, 2021

City of Temecula
Portfolio Managment Treasury Report 41000 Main Street
AW Portfolio Management Temecula, CA 92590
(951)694-6430
Portfolio Summary
October 31, 2021
Par Market Book % of Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv.

Managed Pool Accounts 36,207,077.59 36,207,077.59 36,207,077.59 19.97 1 1 0.024 0.025 Retention Escrow Account 666,917.82 666,917.82 666,917.82 0.37 1 1 0.062 0.063 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000
Trust Accounts 17,367,630.72 17,367,630.72 17,367,630.72 9.58 1 1 19.844 20.120 Local Agency Investment Funds 104,066,679.38 104,053,531.70 104,066,679.38 57.40 1 1 0.334 0.339 Federal Agency Callable Securities 18,000,000.00 17,849,500.00 17,997,500.00 9.93 1,598 1,369 0.792 0.803 Federal Agency Bullet Securities 5,000,000.00 5,026,590.00 5,000,000.00 2.76 1,205 537 1.719 1.743 181,308,307.51 181,171,249.83 181,305,807.51 100.00% 193 152 2.224 2.255 Investments
Cash
Passbook/Checking 2,004,436.51 2,004,436.51 2,004,436.51 1 1 0.000 0.000 (not included in yield calculations)
Total Cash and Investments 183,312,744.02 183,175,686.34 183,310,244.02 193 152 2.224 2.255 Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 279,885.33 1,325,649.74
Average Daily Balance 182,659,758.03 181,491,500.48
Effective Rate of Return 1.80% 2.17%
Reporting period 10/01/2021-10/31/2021 Portfolio TEME
Data Updated: SET_MTH: 03/22/2022 13:19 NL! CP
Run Date: 03/22/2022 - 13:19 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
October 31, 2021

Page 1 ends

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Managed Pool Accounts
233358001-6
01-2 BOND F
First Amer Govt Oblig Fund Cl
5,667.18
5,667.18
5,667.18

0.020

0.020

0.020
1 233358006-6
01-2 REF RES
First Amer Govt Oblig Fund Cl
503,172.92
503,172.92
503,172.92

0.020

0.020

0.020
1 233358000-6
01-2 REF ST
First Amer Govt Oblig Fund Cl
120,046.86
120,046.86
120,046.86

0.020

0.020

0.020
1 276213009-6
03-02 COI
First Amer Govt Oblig Fund Cl
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 276213008-6
03-02 IMPR
First Amer Govt Oblig Fund Cl
517.28
517.28
517.28

0.020

0.020

0.020
1 276213006-6
03-02 RES
First Amer Govt Oblig Fund Cl
740,981.04
740,981.04
740,981.04

0.020

0.020

0.020
1 164741002-6
03-03 BOND F
First Amer Govt Oblig Fund Cl
122,483.41
122,483.41
122,483.41

0.020

0.020

0.020
1 164741008-6
03-03IMP
First Amer Govt Oblig Fund Cl
194,120.05
194,120.05
194,120.05

0.020

0.020

0.020
1 164741006-6
03-03RES
First Amer Govt Oblig Fund Cl
07/01/2021
296.87
296.87
296.87

0.000

0.000
1 164741000-6
03-03SPEC
First Amer Govt Oblig Fund Cl
213,533.02
213,533.02
213,533.02

0.020

0.020

0.020
1 164742002-6
03-06 BOND F
First Amer Govt Oblig Fund Cl
25,651.45
25,651.45
25,651.45

0.020

0.020

0.020
1 164742000-6
03-06SPEC
First Amer Govt Oblig Fund Cl
18,068.05
18,068.05
18,068.05

0.020

0.020

0.020
1 229462007-6
03-1 2012 RF
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462002--6
03-1 BOND FD
First Amer Govt Oblig Fund Cl
2,587.30
2,587.30
2,587.30

0.020

0.020

0.020
1 229462009-6
03-1 COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 229462006-6
03-1 RESERV
First Amer Govt Oblig Fund Cl
17,219.18
17,219.18
17,219.18

0.020

0.020

0.020
1 229462000-6
03-1SPECF
First Amer Govt Oblig Fund Cl
121,638.36
121,638.36
121,638.36

0.020

0.020

0.020
1 94669921-6
03-1ACQ11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.870

0.858

0.870
1 94669911-6
03-1ACQA11
First Amer Govt Oblig Fund Cl
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 94669917-6
03-1 RES
First Amer Govt Oblig Fund Cl
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 94669916-6
03-1 RESB11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669000-6
03-1 SPTAX11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 276213002-6
03-2 REFU
First Amer Govt Oblig Fund Cl
227.04
227.04
227.04

0.020

0.020

0.020
1 276213000-6
03-2 SPEC
First Amer Govt Oblig Fund Cl
91,513.45
91,513.45
91,513.45

0.020

0.020

0.020
1 94686001-6
03-4ADMIN11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 94686005-6
034PREP11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.070

0.069

0.070
1 94686000-6
034RED11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.050

0.049

0.050
1 94686006-6
034RES11
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.060

0.059

0.060
1 276213022-6
16-01 BOND F
First Amer Govt Oblig Fund Cl
07/01/2021
965.89
965.89
965.89

0.020

0.020

0.020
1 276213023-6
16-01 CAPINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.870

0.858

0.870
1 276213029-6
16-01 COI
First Amer Govt Oblig Fund Cl
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 276213028-6
16-01 IMP
First Amer Govt Oblig Fund Cl
6,723,772.97
6,723,772.97
6,723,772.97

0.020

0.020

0.020
1 276213026-6
16-01 RESERV
First Amer Govt Oblig Fund Cl
3,153,149.20
3,153,149.20
3,153,149.20

0.020

0.020

0.020
1 276213020-6
16-01 SPECF
First Amer Govt Oblig Fund Cl
311,630.96
311,630.96
311,630.96

0.020

0.020

0.020
1 218848001-6
2017A&B INT
First Amer Govt Oblig Fund Cl

10.77 10.77

10.77 0.000

0.000
1 218848008-6
2017ABPRIORP
First Amer Govt Oblig Fund Cl
17,958.60
17,958.60
17,958.60

0.020

0.020

0.020
1 218848013-2
2017B COI
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 218848000-6
2017B DS
First Amer Govt Oblig Fund Cl

76.62 76.62

76.62 0.030

0.030

0.030
1 Data Updated: SET _MTH: 03/22/2022 13:19
Run Date: 03/22/2022 - 13:19
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
October 31, 2021

Page 2 ends

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Managed Pool Accounts
218848002-6
2017B PRIN
First Amer Govt Oblig Fund Cl
989.39
989.39
989.39

0.020

0.020

0.020
1 218848009-6
2017B_PROJ
First Amer Govt Oblig Fund Cl
13,122,810.57
13,122,810.57
13,122,810.57

0.020

0.020

0.020
1 233358009-6
233358009-6
First Amer Govt Oblig Fund Cl
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 94434160-6
RDA-021NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94434161-6
RDA-02PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886000-6
RDA-06AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886001-6
RDA06APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886010-6
RDA06BINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886011-6
RDA06BPRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.680

0.671

0.680
1 107886016-6
RDA06BRES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886020-6
RDA071NT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 107886021-6
RDA07PRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.930

0.917

0.930
1 107886028-6
RDA07PROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 107886026-6
RDA07RES
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.940

0.927

0.940
1 136343008-6
RDA10APROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343018-6
RDA10BPROJ
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343000-6
RDA10INT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 136343001-6
RDA10PRIN
First Amer Govt Oblig Fund Cl
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 136343006-6
RDA10RSRV
First Amer Govt Oblig Fund Cl
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 146161000-6
RDA11AINT
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 146161001-6
RDA11APRIN
First Amer Govt Oblig Fund Cl

0.00 0.00

0.00 0.000

0.000
1 94669902-3
03-1 BOND3
First American Treasury
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 94434160-1
RDA 02 INT1
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 94434161-2
RDA 02 PRIN2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 136343018-2
RDA 10B CIP2
First American Treasury

0.00 0.00

0.00 0.010

0.010

0.010
1 146161008-3
RDA11APROJ
Federated Institutional Tax Fr

0.00 0.00

0.00 0.800

0.789

0.800
1 146161006-3
RDA11ARSRV
Federated Institutional Tax Fr
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 94669921-5
03-01 ACQ11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669911-5
03-01 ACQA11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-5
03-01 RES
Federated Tax Free Obligations
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 94669906-5
03-01 RESA11
Federated Tax Free Obligations

0.00 0.00

0.00 0.001

0.001

0.001
1 94669916-5
03-01 RESB11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669000-5
03-01SPTAX11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 164742006-5
03-06 RES
Federated Tax Free Obligations
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 164742000-5
03-06 SPEC
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669902-5
03-1 bond fd
Federated Tax Free Obligations
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 94686001-5
03-4 ADMIN11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94686005-5
03-4 PREP11
Federated Tax Free Obligations
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 Data Updated: SET _MTH: 03/22/2022 13:19
Run Date: 03/22/2022 - 13:19
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
October 31, 2021

Page 3 ends

Average Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance Date
Par Value
Market Value
Book Value
Rate
360
365
Maturity Date
Managed Pool
Accounts
94686006-5
03-4 RES11
Federated Tax Free Obligations

0.00 0.00

0.00 0.250

0.247

0.250
1 94669917-1
03-01-1 RES
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 276213008-1
03-02 IMP
CA Local Agency Investment Fun
8,155,633.22
8,155,633.22
8,155,633.22

0.020

0.020

0.020
1 164742006-1
03-06 RES-1
CA Local Agency Investment Fun
306,943.20
306,943.20
306,943.20

0.020

0.020

0.020
1 229462007-1
03-1 2012 RE
CA Local Agency Investment Fun
816,021.53
816,021.53
816,021.53

0.221

0.218

0.221
1 94669911-1
03-1 ACQ A2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 94669921-1
03-1 ACQ B2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 744727011-1
03-3 ACQ 2
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 164741006-1
0303-1 RES
CA Local Agency Investment Fun
1,418,865.30
1,418,865.30
1,418,865.30

0.020

0.020

0.020
1 107886028-1
RDA 07 PRO-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 107886026-1
RDA 07 RES-1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 136343018-1
RDA 10B CIP1
CA Local Agency Investment Fun

0.00 0.00

0.00 0.339

0.334

0.339
1 229462020-0
03-01 CASH
USBANK
525.91
525.91
525.91

0.000

0.000
1 164742006-0
03-06 Cash
USBANK 07/01/2021

0.00 0.00

0.00 0.000

0.000
1 233358050-1
01-2 SPECESC
U.S. Treasury

0.00 0.00

0.00 0.360

0.355

0.360
1 Subtotal and Average 36,202,665.59
36,207,077.59
36,207,077.59
36,207,077.59

0.024

0.025
1 Retention Escrow Account

NOBEL COMPANY
3354 Banner Bank

0.00 0.00

0.00 0.150

0.148

0.150
1 218848050-0
2002 ESCROW USBANK
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 218848060-0
2006AESCRO USBANK
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 218848070-0
2006BESCRO USBANK
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 218848080-0
2007ESCROW USBANK
07/01/2021

0.00 0.00

0.00 0.000

0.000
1 229462020-2
03-01 ESCROW U.S. Treasury
666,917.82
666,917.82
666,917.82

0.063

0.062

0.063
1 Subtotal and Average 721,896.84
666,917.82
666,917.82
666,917.82

0.062

0.063
1 Letter of Credit
218848006-1
2017B RESER ASSURED GUARANTY MUNICIPAL COR
07/01/2021

1.00 1.00

1.00 0.000

0.000
1 233358006-1
01-2 REFRESI ASSURANCE CO BOND INSURANCE
07/01/2021

1.00 1.00

1.00 0.000

0.000
1 Subtotal and Average 2.00

2.00 2.00

2.00 0.000

0.000
1 Trust Accounts
6746058700
PARS Pension US Bank Trust
17,367,630.72
17,367,630.72
17,367,630.72

20.120

19.844

20.120
1 Subtotal and Average 16,947,182.55
17,367,630.72
17,367,630.72
17,367,630.72

19.844

20.120
1 Local Agency Investment Funds

SYSCITY
CITY CA Local Agency Investment Fun
48,163,748.58
48,157,663.62
48,163,748.58

0.339

0.334

0.339
1 SYSRDA
RDA CA Local Agency Investment Fun
1,892.17
1,891.93
1,892.17

0.339

0.334

0.339
1 Portfolio TEME
Data Updated: SET _MTH: 03/22/2022 13:19 NLI CP
Run Date: 03/22/2022 - 13:19
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
October 31, 2021

Page 4 ends

Average
Purchase
Stated
YTM
YTM
Days to Maturity
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
360
365 Maturity Date
Local Agency Investment Funds

SYSTCSD
TCSD
CA Local Agency Investment Fun
55,901,038.63
55,893,976.15
55,901,038.63

0.339

0.334

0.339
1 Subtotal and Average 100,139,167.28
104,066,679.38
104,053,531.70
104,066,679.38

0.334

0.339
1 Federal Agency
Callable Securities
3133EMQGO
01259
Federal Farm Credit Bank
02/10/2021
1,000,000.00
987,090.00
1,000,000.00

0.320

0.316

0.320
1,197 02/10/2025
3133EMK92
01265
Federal Farm Credit Bank
06/23/2021
1,000,000.00
990,770.00
1,000,000.00

0.580

0.572

0.580
1,330 06/23/2025
3133EMN57
01266
Federal Farm Credit Bank
06/28/2021
1,000,000.00
995,700.00
1,000,000.00

0.440

0.434

0.440
970 06/28/2024
3133EMP22
01267
Federal Farm Credit Bank
06/30/2021
1,000,000.00
989,960.00
1,000,000.00

0.910

0.898

0.910
1,702 06/30/2026
3133ENAP5
01273
Federal Farm Credit Bank
10/14/2021
1,000,000.00
994,060.00
1,000,000.00

0.800

0.789

0.800
1,443 10/14/2025
313OAKQ41
01258
Federal Home Loan Bank
01/28/2021
1,000,000.00
983,890.00
1,000,000.00

0.520

0.513

0.520
1,549 01/28/2026
3130ALEU4
01260
Federal Home Loan Bank
02/25/2021
1,000,000.00
990,390.00
1,000,000.00

0.350

0.345

0.350
1,120 11/25/2024
3130ALWV2
01261
Federal Home Loan Bank
04/21/2021
1,000,000.00
995,090.00
1,000,000.00

0.550

1.011

1.025
1,632 04/21/2026
3130AM2V3
01262
Federal Home Loan Bank
04/29/2021
1,000,000.00
996,140.00
1,000,000.00

0.700

0.690

0.700
1,275 04/29/2025
3130AMNMO
01263
Federal Home Loan Bank
05/27/2021
1,000,000.00
993,540.00
1,000,000.00

0.500

0.493

0.500
1,668 05/27/2026
3130AMM90
01264
Federal Home Loan Bank
06/10/2021
1,000,000.00
993,280.00
1,000,000.00

0.500

1.973

2.000
1,682 06/10/2026
3130AN4N7
01268
Federal Home Loan Bank
07/14/2021
1,000,000.00
994,400.00
1,000,000.00

0.720

0.710

0.720
1,351 07/14/2025
3130ANAZ3
01269
Federal Home Loan Bank
07/28/2021
1,000,000.00
990,730.00
1,000,000.00

0.600

0.592

0.600
1,274 04/28/2025
3130AP3M5
01270
Federal Home Loan Bank
09/28/2021
1,000,000.00
993,750.00
1,000,000.00

0.550

0.542

0.550
1,243 03/28/2025
3134GBGZ9
01232
Federal Home Loan Mtg Corp
04/27/2017
1,000,000.00
1,004,320.00
1,000,000.00

2.000

1.964

1.991
87 01/27/2022
3134GXJL9
01257
Federal Home Loan Mtg Corp
12/30/2020
1,000,000.00
981,760.00
1,000,000.00

0.500

0.493

0.500
1,520 12/30/2025
3130APBV6
01271
Union Bank
10/07/2021
1,000,000.00
990,450.00
999,000.00

1.000

1.007

1.021
1,801 10/07/2026
3130APAM7
01272
Union Bank
10/14/2021
1,000,000.00
984,180.00
998,500.00

0.900

0.918

0.931
1,808 10/14/2026
Subtotal and Average 16,966,064.52
18,000,000.00
17,849,500.00
17,997,500.00

0.792

0.803
1,369
Federal Agency
Bullet Securities
3133EJT74
01249
Federal Farm Credit Bank
11/15/2018
1,000,000.00
1,001,180.00
1,000,000.00

3.050

3.008

3.050
14 11/15/2021
3133ELMA9
01254
Federal Farm Credit Bank
02/07/2020
1,000,000.00
1,016,710.00
1,000,000.00

1.420

1.401

1.420
644 08/07/2023
3133ELTU8
01256
Federal Farm Credit Bank
03/18/2020
1,000,000.00
1,006,120.00
1,000,000.00

0.920

0.907

0.920
868 03/18/2024
3133ENCA6
01274
Federal Farm Credit Bank
10/25/2021
1,000,000.00
997,790.00
1,000,000.00

0.700

0.690

0.700
1,089 10/25/2024
3130AHF81
01251
Federal Home Loan Bank
10/25/2019

0.00 0.00

0.00 1.600

1.578

1.600
25 10/25/2021
3135GOU92
01250
Federal National Mtg Assn
01/11/2019
1,000,000.00
1,004,790.00
1,000,000.00

2.625

2.589

2.625
71 01/11/2022
Subtotal and Average 5,000,000.00
5,000,000.00
5,026,590.00
5,000,000.00

1.719

1.743
537
Total and Average 182,659,758.03
181,308,307.51
181,171,249.83
181,305,807.51

2.224

2.255
152
Data Updated: SET _MTH: 03/22/2022 13:19
Run Date: 03/22/2022 - 13:19
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0

Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Cash
October 31, 2021

Page 5 ends

Average
Purchase
Stated
YTM
YTM
Days to
CUSIP
Investment #
Issuer Balance
Date
Par Value
Market Value
Book Value Rate
360
365 Maturity
Passbook/Checking
Accounts
1453718479

WORKERS

BANK OF AMERICA MERRILL LYNC
07/01/2021
20,924.68
20,924.68
20,924.68

0.000

0.000
1 SYSPetty Cash
Petty Cash
City of Temecula
07/01/2021
3,911.00
3,911.00
3,911.00

0.000

0.000
1 SYSGen Ck Acct
Gen Ck Acct
Union Bank of California
1,961,931.69
1,961,931.69
1,961,931.69

0.000

0.000
1 SYSParking Ck

PARKING CITA
Union Bank of California
07/01/2021
17,669.14
17,669.14
17,669.14

0.000

0.000
1 Average Balance 0.00
1 Total Cash and Investments
Data Updated: SET _MTH: 03/22/2022 13:19
Run Date: 03/22/2022 - 13:19
182,659,758.03
183,312,744.02 183,175,686.34 183,310,244.02 2.224 2.255 152 Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0

Cash and Investments Report

CITY OF TEMECULA
Through October2021
Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001

GENERAL FUND
$
43,764,654.98 $
11,456,724.26 $
12,319,143.12
$ 42,902,236.12
002

MEASURE S FUND
22,046,815.43
3,673,835.58
102.17
25,720,548.84
100

STATE GAS TAX FUND
875,269.82
281.96
-
875,551.78
102

RMRA-ROAD MAINTENANCE REHABILITATION ACT
1,952,259.97
212,784.17

8.60 2,165,035.54
103

STREETS MAINTENANCE FUND
3,960,813.25
1,595.38

15.74 3,962,392.89
106

UPTOWN TEMECULA NEW STREETS IN LIEU FEES
895,234.56
422.80

3.56 895,653.80
108
ARPA
7,039,753.50
-
-
7,039,753.50
120

DEVELOPMENT IMPACT FUND
3,754,629.11
707,501.66

17.73 4,462,113.04
125

PEG PUBLIC EDUCATION & GOVERNMENT
621,532.07
608.99
12,969.09
609,171.97
145

TEMECULA ENERGY EFFICIENCY ASSET TEAM
839,541.58
396.50

3.34 839,934.74
150
AB 2766 FUND
171,929.50

74.14 0.68
172,002.96
160

SUPPLEMENTAL LAW ENFORCEMENT SERVICES
86,652.83
112,617.00
-
199,269.83
161

TEMECULA MAJOR CRIMES REWARD FUND
27,195.36

12.84 0.11
27,208.09
165

AFFORDABLE HOUSING
2,023,220.90
977.84
14,993.63
2,009,205.11
170

MEASURE A FUND
9,424,372.37
587,927.44
1,297,534.94
8,714,764.87
190

TEMECULA COMMUNITY SERVICES DISTRICT
1,477,878.96
241,804.39
759,926.76
959,756.59
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
714,897.91
7,703.66
22,641.89
699,959.68
194
TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
173,421.96
53,942.97
4,248.11
223,116.82
195
TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
27,349.83
129.44

0.11 27,479.16
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
398,183.41
589.36
18,728.62
380,044.15
197

TEMECULA LIBRARY FUND
598,758.59
4,100.14
36,474.59
566,384.14
198

PUBLIC ART
94,441.21
9,146.94

0.41 103,587.74
210

CAPITAL IMPROVEMENT PROJECT FUND
10,925,565.73
1,628,082.74
1,534,324.41
11,019,324.06
275
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
211,399.74

11.35 0.07
211,411.02
277

CFD-RORIPAUGH
8,295,302.11
5,031.21

0.57 8,300,332.75
278

CFD-RORIPAUGH II
6,723,662.43
110.54
-
6,723,772.97
300

INSURANCE FUND
1,205,968.44
433.05
14,598.03
1,191,803.46
305

WORKER'S COMPENSATION
1,888,544.21
20,928.83
35,950.30
1,873,522.74
310

VEHICLES AND EQUIPMENT FUND
2,235,456.14
948.69

8.88 2,236,395.95
320

INFORMATION TECHNOLOGY
1,660,147.08
504.26
355,266.10
1,305,385.24
325

TECHNOLOGY REPLACEMENT FUND
1,744,190.46
757.88

6.93 1,744,941.41
330

CENTRAL SERVICES
25,356.85
658.09
21,805.79
4,209.15
335

CENTRAL SERVICES
327,600.79
146.11

1.30 327,745.60
340

FACILITIES
718,672.08
304.20
112,230.14
606,746.14
350

FACILITY REPLACEMENT FUND
128,291.85

29.63 0.51
128,320.97
380

SARDA DEBT SERVICE FUND
13,141,630.89
217.06
-
13,141,847.95
381

REDEVELOPMEN PROPERTY TAX TRUST
2,732,100.62
1,290.82

10.86 2,733,380.58
460
CFD 88-12 DEBT SERVICE FUND
95,377.35

45.04 0.38
95,422.01
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
661,737.47
824.27
2,299.65
660,262.09
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
1,657,565.72
513.05
5,522.86
1,652,555.91
474
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
4,995.14

2.36 0.02
4,997.48
475
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
1,807,566.37
893.96
2,908.15
1,805,552.18
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
389,210.27
205.47
2,709.17
386,706.57
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
860,292.41

25.76 2,873.68
857,444.49
478

CFD-RORIPAUGH II
3,493,237.35

70.22 2,399.14
3,490,908.43
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
8,470.12

5.87 2,907.02
5,568.97
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
107,313.12

52.24 2,260.47
105,104.89
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
40,142.85

21.44 2,864.24
37,300.05
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
3,841.67

2.10 375.49
3,468.28
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
25,014.63

14.02 3,494.66
21,533.99
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
34,384.77

17.15 1,197.92
33,204.00
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
7,782.79

4.42 1,089.26
6,697.95
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
91,203.42

49.02 13,922.67
77,329.77
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
30,675.45

14.65 174.55
30,515.55
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
12,490.58

6.59 590.78
11,906.39
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
3,613.61

1.80 150.44
3,464.97
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
105,024.84

53.30 9,592.30
95,485.84
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
25,483.63

13.82 2,124.87
23,372.58
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
10,107.49

5.52 1,089.70
9,023.31
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
10,907.84

5.56 527.80
10,385.60
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
63,744.18

31.14 1,491.09
62,294.23
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
1,997.03

1.04 129.23
1,868.84
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
50,209.30

27.51 5,631.95
44,604.86
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
78,553.55

40.08 4,098.97
74,494.66
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
212,915.32
108.37
14,468.84
198,554.85
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
161,496.87

88.79 17,201.38
144,384.28
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
10,101.06

4.97 372.65
9,733.38
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
22,865.76

11.05 344.79
22,532.02
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
31,356.45

23.00 9,754.51
21,624.94
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
64,063.28

32.20 3,386.86
60,708.62
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
1,698.42

0.88 175.78
1,523.52
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
7,630.70

4.17 649.88
6,984.99
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
605,188.92
302.96
20,163.73
585,328.15
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
4,873.91

2.55 276.92
4,599.54
530
SERVICE LEVEL"C"ZONE 30 FUTURE ZONES
36,289.09

17.14 0.14
36,306.09
701

PENSION RATE STABILIZATION FUND
$
16,933,167.61
434,463.11
-
$ 17,367,630.72
Grand Total:
$
180,705,286.86 $
19,170,638.51 $
16,700,239.03
$ 183,175,686.34
Journal Entries completed after September's Treasurer's Report was issued are reflected In the Receipts / Disbursements columns.

Item No. 5

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 12, 2022
SUBJECT: Adopt Ordinance 2022-06 Amending Title 9 and Title 17 of the Temecula Municipal Code to Include Entertainment Licenses, Further Clarify the Definitions of Restaurants, Entertainment, Taverns and Bars, and Provide Regulations for Private Security Operators, and Establishing Noise Standards for Mixed -Use Developments With a Residential Component (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2022-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 9 AND 17 OF THE

TEMECULA MUNICIPAL CODE TO INCLUDE

ENTERTAINMENT LICENSES, FURTHER CLARIFY THE

DEFINITIONS OF RESTAURANTS, ENTERTAINMENT,

TAVERNS AND BARS, AND PROVIDE REGULATIONS FOR

PRIVATE SECURITY OPERATORS, AND ESTABLISHING

NOISE STANDARDS FOR MIXED -USE DEVELOPMENTS

WITH A RESIDENTIAL COMPONENT, AND FINDING THAT

THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINES SECTION 15061 (13)(3)
BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present.

Ordinance No. 2022-06 was first introduced at the regularly scheduled meeting of March 22, 2022.

FISCAL IMPACT: None
ATTACHMENTS: Ordinance

ORDINANCE NO.2022-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 9 AND 17 OF THE

TEMECULA MUNICIPAL CODE TO INCLUDE

ENTERTAINMENT LICENSES, FURTHER CLARIFY THE

DEFINITIONS OF RESTAURANTS, ENTERTAINMENT,

TAVERNS AND BARS, AND PROVIDE REGULATIONS

FOR PRIVATE SECURITY OPERATORS, AND

ESTABLISHING NOISE STANDARDS FOR MIXED -USE

DEVELOPMENTS WITH A RESIDENTIAL COMPONENT,

AND FINDING THAT THIS ORDINANCE IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061 (13)(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 revise portions of Title 9 (Public Peace, Morals, and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code.

B. The code amendments are being made to address changes in State law related to Responsible Beverage Sales Training, as well as provide further refinement of the existing code to incorporate an entertainment license, revise the definitions for restaurants, entertainment, taverns and bars establishing private security guard standards, updating standards for alcohol sales, and establishing noise standards for mixed -use developments with a residential component.

C. The Planning Commission considered the proposed amendments to Title 9 and 17 of the Temecula Municipal Code ("Ordinance") on February 2, 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 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. 2022-04, recommending that the City Council approve the Title 9 and 17 amendments.

E. The City Council, at a regular meeting, considered the Ordinance on March 22, 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:

A. 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 9 and Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. Entertainment uses are currently permitted upon the approval of a Conditional Use Permit and are consistent with the General Plan's commercial use descriptions. The amendments to Title 9 and Title 17 contain a revised process for businesses to have entertainment offered at their establishments.

The proposed Entertainment License Ordinance directly responds to Goal 3, Policy 3.3 of the General Plan Public Safety Element. This is accomplished because the ordinance provides the City with a set of standards designed to allow for the efficient administration of entertainment establishments. More specifically, the standards will allow the City to quickly address ordinance violations thus reducing the chance of potential crimes taking place.

The proposed ordinance also conforms with two Goals contained in the City of Temecula General Plan Noise Element. First the proposed ordinance directly responds to Goal 2, Policy 2.1 in that it seeks to limit the maximum permitted noise levels crossing property lines and impacting adjacent land uses. This is accomplished by ensuring proper Conditions of Approval to address noise will be incorporated with each entertainment license. Second, the ordinance is in conformance with Goal 3, Policy 3.1 since it seeks to enforce and maintain acceptable noise limit standards. The ordinance also provides staff the ability to quickly address noise violations by administratively revoking the license when necessary.

B. The proposed use is consistent with the Municipal Code and Development Code for the City of Temecula;
The proposed amendments do not propose any land use that is inconsistent with the Municipal Code and Development Code for the City of Temecula. The proposed Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code in terms of referencing key components of the City's currently adopted Noise Ordinance, which applies citywide. The ordinance will also create two new sections within the Municipal Code (Sections 9.10 and 9.11).

C. 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. 2 The City currently permits establishments to allow entertainment through the Conditional Use Permit process. The proposed amendments to Title 9 and Title 17 will allow businesses to offer entertainment by obtaining an entertainment license. Moreover, the proposed amendments will create standards that provide further consistency with goals and policies contained within the General Plan. The proposed ordinance has been processed to ensure it will be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein.

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 proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3).

The proposed Municipal Code amendments provide standards for how entertainment uses are to operate and establish standards for private security operators. These regulations do not increase the intensity or density of any land use above what is currently allowed. Moreover, the noise standards for mixed -use developments established by the proposed Ordinance, are consistent with the standards set forth in the General Plan for mixed -use developments. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines.

Section 4. Chapter 9.10 (Special Licenses — Bars, Nightclubs, Dancehalls, Poolrooms, etc.) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code is hereby renamed and amended in its entirety to read as follows:
"Chapter 9.10 ENTERTAINMENT LICENSE

9.10.010 Purpose and Intent.

The City of Temecula encourages the development of art and cultural resources and recognizes that having a variety of entertainment establishments provides a means for such activity. The City of Temecula further recognizes that having a variety of entertainment types in the City promotes a rich and diverse cultural experience. The City of Temecula recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.

The City of Temecula also recognizes that certain entertainment establishments have demonstrated the potential for creating or maintaining an environment where various types of disturbances such as excessive noise and disorderly conduct by patrons may occur. These impacts are primarily driven by establishments that serve alcohol and offer entertainment. These negative effects are adverse to the public safety, general welfare and the quality of life of the community.

The purpose of this chapter is to regulate the operation of entertainment establishments so as to minimize the negative impacts and to preserve the public safety, health and welfare. It is not the City's intent to regulate or restrict the type or content of entertainment provided in those establishments. All licensees will be responsible for controlling patron conduct at their entertainment establishment, making adequate provisions for security, crowd size, and control, and complying with state and local laws and minimizing disturbances caused by the operation of an entertainment establishment.
3 It is also the intent of the City of Temecula to provide alternatives to the regulating of entertainment establishments by imposing license conditions tailored to the particular entertainment establishment.

Adult oriented businesses shall use Chapter 5.09 (Adult Business Regulations) for applicable regulations.

9.10.020 Definitions.

For purposes of this chapter the following words and phrases shall have the following meanings:
"ABC license" means a license to serve alcoholic beverages issued by the State of California Department of Alcoholic Beverage Control.
"Ancillary" means a business where entertainment is not the primary activity or operation of the establishment.
"Dance" or "dancing" means to move with rhythmical steps or movement, usually to music or an audible rhythm; except for any dancing that is regulated under Chapter 5.09 (Adult Regulations).
"Entertainment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to:

Dancing by patron(s) or staff to live or recorded music.

2. The presentation of music played on sound equipment operated by an agent or contractor of the establishment. This may or may not include a "disc jockey" or "DJ."

3. The presentation of live music whether amplified or non -amplified.

4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source.

5. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public.
"Entertainment establishment(s)" means any commercial business, that is open to the public and offers entertainment to patrons. Entertainment establishments are separated into three different classes, as outlined below:

Entertainment Establishment Types
Class I Entertainment Establishment (a businesses without alcohol) means a business offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic beverages and does not include any dancing.

Class II Entertainment Establishment (a business serving beer, wine, and/or distilled spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits in addition to offering ancillary entertainment to patrons. A Class II facility does not include dancing.

Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance Club/Hall, Pool Hall) means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A Class III facility also allows for dancing. Restaurants with dancing shall be classified as a Class III facility.
"Entertainment license" means a license obtained from the Chief of Police pursuant to the provisions of this chapter for the purposes of operating an entertainment establishment. "Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of the entertainment establishment:

1. Hire or terminate employees;

2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock;

3. Disburse funds of the business, except for the receipt of regularly replaced items of stock;

4. Make or participate in making policy decisions regarding operations of the entertainment establishment;

5. Holds keys to open and/or close the establishment.
"Noise" means any loud, discordant, raucous or disagreeable sound. "Noise level" means the "A" weighted sound pressure level in decibels obtained using a sound level meter. The unit of measurement should be designated in dBA. "On -sale" has the same meaning as California Business and Professions Code Section 23396, as the same may be amended from time to time.
"Public premises establishment" has the same meaning as that used in California Business and Professions Code Section 23039, as the same may be amended from time to time. "Pyrotechnics" shall have the same meaning as defined by the California Fire Code, as may be amended from time to time, and currently means controlled exothermic chemical reactions timed to create the effects of heat, hot gas, sound, dispersion of aerosols, emission of visible light or a combination of such effects to achieve the maximum effect from the least volume of pyrotechnic composition. Pyrotechnics shall also mean any of the following:
5 1. Pyrotechnic Article: A pyrotechnic device for use in the entertainment industry, which is not classified as fireworks.

2. Pyrotechnic Composition: A chemical mixture that produces visible light displays or sounds through a self -propagating, heat -releasing chemical reaction which is initiated by ignition.

3. Pyrotechnic Special Effect: A visible or audible effect for entertainment created through the use of pyrotechnic materials and devices.

4. Pyrotechnic Special Effect Material: A Chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration or detonation. Such a chemical mixture predominantly consists of solids capable of producing a controlled, self- sustaining and self-contained exothermic chemical reaction that results in heat, gas sound, light or a combination of these effects. The chemical reaction functions without external oxygen.
"Responsible beverage service training course" means a course certified by the California Department of Alcoholic Beverage Control for on -sale management and on -sale professional services.
"Responsible party" means any person who is physically at the entertainment establishment and is any of the following:

1. The person who owns the entertainment establishment;

2. The person in charge of the entertainment establishment;

3. The person using the entertainment establishment under a special arrangement;

4. An employee or agent of an owner or manager of the entertainment establishment when the owner or manager is temporarily absent from the entertainment establishment;

5. The entertainment establishment's manager or on -site supervisor.

6. The person who books/schedules/authorizes entertainment.

9.10.030 Entertainment license required.

All entertainment establishments shall possess an active and valid entertainment license issued by the City.

9.10.040 Exemptions.

The following types of activities are exempt from the provisions of this chapter:

A. Events for which a Special Event Permit, or Temporary Use Permit has been issued and is active pursuant to the Temecula Municipal Code;
B. Events operated by the City of Temecula, or other governmental entities; C. Events operated by public or private schools;
D. Events operated by a senior assisted care facility;
E. Events operated by a religious institution or nonprofit organization;

9.10.050 Application/modification requirements.

A. Any person or business entity desiring to obtain an entertainment license or modification to an entertainment license shall submit a complete application to the Chief of Police through the Community Development Department ("Planning") and pay an application fee pursuant to the fees adopted by resolution, which may be amended from time to time.

B. The application shall be in a form approved by the Chief of Police.

C. The application shall be filed:

1. At least sixty (60) days prior to the proposed operation of the entertainment establishment; or

2. At least sixty (60) days prior to the expiration of an entertainment license; or

3. At any time for a modification including, but not limited to:
a. adding dancing;
b. adding alcohol or changing the alcohol license type; or c. changing operations to incorporate activities in a different class of entertainment.

D. The application shall state the class of entertainment (Class I, Class II, or Class III) that the entertainment establishment desires to provide to patrons.

E. The entertainment license application shall include five (5) copies of a floor plan (or a digital copy if acceptable to the City). The floor plan shall be an accurate and dimensioned representation of the floor plan approved by the city building and fire departments as part of a formal building permit process. Any changes that have occurred to the floor plan since the original city building and fire department approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required.

The floor plan shall show all customer seating areas, performing stages or platforms, back - of -house areas, restroom facilities, and any proposed dance areas if applying for a Class III entertainment license. The floor plan shall clearly state the legal occupant load as established as part of the formal building permit process, and all exiting systems of the premises shall be clearly shown. No floor plan change, occupant load change, or other change of use can be approved as part of an application process for an entertainment license.

F. The application for an entertainment license shall include five (5) copies (or a digital copy if acceptable to the City) of the proposed site plan for the entertainment establishment and the site plan shall be an accurate representation with dimensions that show the building's footprint, boundary and property lines and onsite parking spaces. Any changes that have occurred to the site plan since the original city building and fire departments approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required. The application shall also include adjacent uses with operating hours for those uses.

G. The application shall also include a copy of any city land use permits (e.g., Conditional Use Permit, development plan, occupancy permit, etc.) issued to the property owner or business entity.

H. The entertainment license application shall include a detailed security plan. The security plan should include, but is not limited to, the following:

The number of licensed security personnel who will be on duty;

2. The minimum level of acceptable training for licensed security personnel in compliance with Chapter 9.11 (Regulation of Private Security Operators) of the Temecula Municipal Code;

3. The patron screening procedure, if any, prior to admission to entertainment establishment;

4. Identify patron access points into the entertainment establishment;

5. Process for removal of disorderly or intoxicated patrons from premises; and

6. Process for dispersal of patrons from the entertainment establishment, onsite parking area and/or public rights -of -way (e.g., sidewalk or street) within 50 feet of any entrance to the entertainment establishment.

I. The entertainment license application shall include a notarized letter from the applicant and property owner that reflects:

1. That the applicant and the property owner understand and agree to the requirements of this Chapter;

2. That the applicant and the property owner understand and agree to the renewal requirements of this Chapter;

3. That the applicant and the property owner understand and agree that the license is nontransferable; and

4. That the applicant and the property owner understand that three or more violations of this Chapter, or one violation that poses an immediate threat to the public health, safety or general welfare, may result in termination of the entertainment license.

9.10.060 Fees.

A nonrefundable fee, as set forth in the City of Temecula Fee Schedule shall accompany each application for an entertainment license. The entertainment license fee shall be in addition to the business license fee required pursuant to Chapter 5.04 (Business Licenses Generally) of this code as may be amended from time to time.

9.10.070 Approval/denial/modification of entertainment license.

A. Upon completion of an investigation coordinated by the Chief of Police, the Chief of Police may issue the license subject to Section 9.10.090, (Investigation and Issuance) as applicable, unless it is found that:

1. The application fee has not been paid.

2. Applicant is less than 21 years of age.

3. The application does not conform to the provisions of this Chapter.

4. The applicant has made a material misrepresentation in the application.

5. The applicant or any of its owners, partners, officers or directors has had an entertainment license revoked within one (1) year prior to the date of the pending application.

6. The business has been conducting entertainment without a valid and active entertainment license within the last sixty (60) days.
8 7. The proposed entertainment establishment does not comply with all applicable laws, including, but not limited to: health, zoning, building, and fire code requirements.

Prior to granting a license, the Chief of Police or designee shall obtain certification from the fire chief, city planner, and building official that the proposed use is in compliance with the land use and zoning provisions of the applicable municipal code provisions and that the structures are suitable and safe for the proposed operation of an entertainment establishment.

B. If the Chief of Police denies the application, the applicant shall be notified of the reasons for the denial in writing within forty-five (45) days after receipt of the application. However, failure to notify the applicant within the specified time period shall not constitute a basis for granting the license. An applicant denied an entertainment license has a right to appeal the denial pursuant to Section 9.10.170 (Appeals procedure) of this chapter. If such a hearing is not requested within the prescribed time period, the denial shall be final.

9.10.080 Conditional Use Permits in Conjunction with Entertainment Licenses A. If a Conditional Use Permit, or any other permit or approval, except a certificate of occupancy, is required for the lawful operation of an entertainment establishment, the provisions of this chapter shall be in addition to those other permits and entitlements.

An entertainment license cannot modify the terms of an existing Conditional Use Permit, except as set forth in Section C below.

B. For new Conditional Use Permits issued after the adoption of this ordinance, a valid and compliant entertainment license shall be a condition and/or requirement for an entertainment establishment and may include operating requirements above and beyond the Conditional Use Permit, which may be amended from time to time, as listed in this Chapter.

C. For Modifications to existing Conditional Use Permits that allow entertainment, the City may require, as a new Condition of Approval, that the business obtain an entertainment license if entertainment will be offered at the business.

9.10.090 Universal Entertainment license standards and conditions.

A. All Class I, Class II, and Class III entertainment establishments shall operate in accordance with the following standards or conditions:

1. Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre -compliance review.

2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active Conditional Use Permit that explicitly allows outdoor entertainment, or by a Temporary Use Permit, or Special Event Permit.

3. Class III Entertainment. Dancing is only permitted at establishments with a Class III entertainment license.
9 4. Entertainment Hours of Operation. Entertainment operations shall cease, based on the times outlined below:

Entertainment
Permitted Entertainment Hours of Operation
License Type
Class I
7:00 a.m. — 10:00 p.m. Daily
Class II
7:00 a.m. — 10:00 p.m. Daily
Class III
Entertainment operating hours shall be between 7:00 a.m. — 11:59 p.m. or as otherwise set forth in a Conditional Use Permit that explicitly allows dancing adopted prior to February 1, 2022.

5. Food Service. If the Class I, Class II, or Class III entertainment license is associated with a restaurant, food and non-alcoholic beverage service shall be provided at all hours the establishment is operating.

6. Noise Restrictions. Noise shall be measured in accordance with Chapter 9.20. No entertainment establishment may cause, permit, or maintain noise at a sound level that exceeds the standards of Chapter 9.20.

7. Noise Dampening. All doors, windows, and any other physical opening shall remain unlocked and unobstructed as required by all building and fire life safety requirements. All doors, windows, and any other physical openings shall not be propped open by people or physical devices during any hours that entertainment is occurring.

8. Manager and Server Training. The following persons must complete a responsible beverage service training course before the entertainment establishment may provide entertainment:
i. Every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment shall maintain a current responsible beverage service training course certificate.

9. Employee list. A list of all persons employed as managers or persons who serve or sell alcoholic beverages for consumption by patrons on the premises of an entertainment establishment shall be maintained on the premises of the entertainment establishment. The list shall clearly identify the hire date, the date of each responsible beverage service training course was completed and the date the current training certificate will expire for every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment. The list shall be provided, upon request, to any law enforcement or code enforcement personnel, or at the request of the establishment, after pre -compliance review.

10. Security Guards
i. All Security Guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators).
ii. A violation of Chapter 9.11 (Regulation of Private Security Operators) shall constitute a violation of this chapter.
10 11. Maximum Occupant Load. The maximum number of persons in the entertainment establishment, shall not, at any time, exceed the maximum occupant load as established by the Fire Marshal or the City Building Official.

12. Disturbing the Peace and Disorderly Conduct. The responsible party shall make reasonable efforts to prevent the admission of any person, who is fighting, or challenging someone to a fight; maliciously and willfully disturbing another person by loud and unreasonable noise; using offensive words in a public place that is likely to provoke an immediate violent reaction, or engaging in disorderly conduct (as defined in Penal Code Section 647), inside the entertainment establishment, at any onsite parking lot owned or under the control by the entertainment establishment, or on any sidewalk used by the entertainment establishment for the entertainment establishment. The responsible party shall make reasonable efforts to either call the police for assistance or remove from the entertainment establishment, parking lot or sidewalk persons exhibiting such conduct.

13. Maintaining Adequate Right -of -Way. The responsible party shall ensure that patrons queuing on the public sidewalk do not obstruct the right-of-way or sidewalk from vehicular or pedestrian access. The minimum clear access for sidewalks shall be maintained at forty-four (44) inches.

14. Orderly Dispersal. The responsible party shall use reasonable efforts to cause the orderly dispersal of patrons from the entertainment establishment at closing time and shall use reasonable efforts to prevent patrons from congregating in the entertainment establishment's parking lot after closing time or permit patrons to congregate in any roadway or traffic lane within fifty (50) feet of any entrance to the entertainment establishment. This may include, but is not limited to, clearing all the cars from the establishment's parking lot.

15. Pyrotechnics. Pyrotechnics and safe and sane fireworks, are prohibited, unless explicitly permitted by the Fire Department.

16. Compliance with Law. Operators shall comply with all federal, State, and local laws.

B. In addition to the conditions set forth in subsection A of this section, the Chief of Police may impose additional conditions in the following areas which shall be based on specific, articulated facts setting forth the necessity for the conditions:

The permissible hours of operation for entertainment.

2. Specific licensing qualifications and numbers of security personnel to be on duty during business hours.

9.10.100 Class I entertainment establishment conditions.

Class I entertainment establishments shall comply with all requirements stipulated in Section

9.10.090 (Universal Entertainment license standards and conditions).

9.10.110 Class II entertainment establishment conditions.

In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license standards and conditions) the following conditions shall apply to all Class II entertainment establishments:

IF

A. Food Service. If the Class II entertainment license is associated with a restaurant, alcohol sales shall cease one half hour prior to closing.

9.10.120 Class III entertainment establishment conditions.

In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license standards and conditions) the following conditions shall apply to all Class III entertainment establishments:

A. Location. Establishments seeking a Class III License shall only be permissible in areas identified in Title 17 as a "Restaurant (bona fide public eating establishment) with Entertainment and/or Dancing" as listed in the Temecula Municipal Code, or as identified in a Specific Plan. If required by the Temecula Municipal Code or Specific Plan, a Conditional Use Permit shall be obtained for the use, prior to the submission of an entertainment license.

B. Mandatory Security Guards. There shall be at least two (2) security guards licensed by the State on duty at all times that dancing is permitted. Additional Mandatory Security Guards may be required at the direction of the Chief of Police or as required by the California Department of Alcoholic Beverage Control.

C. Security Guard Licensing. All Security Guards shall comply with Chapter 9.11 (Regulation of Private Security Operators).

D. Occupancy Calculation. At all hours that dancing is permitted, a staff member shall maintain an accurate count of the current occupancy. A crowd control tally or other electronic device shall be utilized for the counting. The most current occupancy tally must be made available immediately upon request to Code Enforcement, Police, or the Fire Prevention Department, or if requested by the establishment after an opportunity for pre -compliance review.

E. Designation of Dance Floor.

1. The dance floor area shall be plainly marked and designated as the dancing area.

2. No dancing shall be permitted outside the designated dancing area as approved and on file with the city.

F. Dancing Area. During all hours which dancing is permitted, no portion of the dancing area shall be used for any purpose other than dancing.

G. Seating and Dance Areas. Seating areas shall not be converted to dance areas unless the floor plan approved as part of the application process allows such conversion.

H. Designated Sound Operator. At all times a responsible party shall be responsible for any amplified or non -amplified sources of sound on the property. The absence of a designated sound operator shall be a violation of this section.

L Enhanced Noise Dampening. If a Class III entertainment establishment is located within 500' of residences as measured from property line to property line, the establishment shall be required to submit an acoustical analysis prepared by a certified acoustical engineer/professional demonstrating compliance with the City's noise ordinance and the entertainment license standards. If required by the analysis, sound dampening materials and design shall be installed prior to the issuance of the entertainment license. The entertainment 12 establishment shall operate in a manner that abides by all requirements of the acoustical report.

J. Halt of Alcohol Sales. A Class III entertainment establishment shall cease alcohol sales at least one-half hour prior to closing. Meals, water, and other non-alcoholic beverages shall be available up until closing of the establishment. This requirement shall apply under any scenario where the establishment may alter or vary the regular operating hours.

K. Copy of ABC License. A Class III entertainment establishment shall provide a complete approved copy of the California Department of Alcoholic Beverage Control's license, including conditions, and the approved site plan to law enforcement or code enforcement immediately upon request, or if requested by the establishment after pre -compliance review.

9.10.130 Sound or noise measurement.

A. Noise measurements shall be conducted in a manner as identified in Chapter 9.20 (Noise).

9.10.140 Immediate threat to public safety.

A. The Chief of Police, Fire Marshal, or designee may require the responsible party to cease all or part of the entertainment establishment's operations or entertainment and disperse all patrons for a period of time up to and including the remainder of the entertainment establishment's daily operating hours whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the safety and well-being of the patrons or general public in the vicinity of the entertainment establishment.

9.10.150 Duration and renewal of license.

A. Licenses are non-transferrable.

B. Licenses for entertainment establishments may be renewed on the first business day in February 2023, and on a year-to-year basis thereafter on the first business day in February, provided the license holder continues to meet the requirements of this chapter. "Business day" as used in this subsection shall mean the days that Temecula City Hall is open for business.

C. No license granted herein shall confer any vested right to any person for more than the license period.

D. Applications for a license renewal shall be filed with the Chief of Police at least sixty (60) days prior to expiration of the existing license, otherwise the license will lapse. At the discretion of the Chief of Police, a temporary license pending satisfactory completion of the renewal application process may be issued to renewal applicants who have no permit revocation proceedings pending at the time of filing of the renewal application. Licenses are not automatically renewed.

E. Renewal applications shall set forth such information as may be required by the Chief of Police to update and verify the information contained in the original permit application. The applicant shall pay an application fee, in an amount established by resolution, when applying for renewal.
13 F. If an application for renewal of license and all required information is not timely received and the license expires, no right or privilege to provide entertainment shall exist.

9.10.160 Revocation/suspension for violation.

A. The Chief of Police may issue a letter of intent to revoke an entertainment license upon receiving satisfactory evidence that:

The application for an entertainment license contains material misrepresentation; or

2. Ownership of the entertainment establishment has changed without the new ownership securing a new entertainment license from the Chief of Police; or

3. The entertainment establishment has, within the last 12-months, been found criminally, civilly, or administratively (pursuant to Chapter 9.10 of this code), or any combination thereof, to have violated any provision of this Chapter on at least three separate occasions; or

4. The entertainment establishment has, within the last 12-months, engaged in conduct, or allowed its patrons to engage in conduct that posed an immediate threat to the public health or safety of the general public; or

5. Employees of the entertainment establishment, while on the premises are engaged in conduct or behavior to the extent that it constitutes a nuisance, including but not limited to adjudicated complaints with adverse finding(s) by the State Alcoholic Beverage Control Board or the Riverside County Health Department.

B. The Chief of Police shall provide written documentation or other evidence to support the intent to revoke an entertainment license to the licensee with the letter of intent to revoke an entertainment license.

C. The Chief of Police shall provide written notice of the intent to revoke to the holder of an entertainment license by personal service, or by certified mail. The notice shall be directed to the most current entertainment establishment address or other mailing address on file with the Chief of Police for the entertainment establishment. The notice shall provide the effective date of the revocation. No revocation shall be imposed on less than thirty (30) days' notice to the holder of the entertainment license.

D. An entertainment establishment that has had its license revoked may not apply for another license within 12 months from the date the license is revoked.

9.10.170 Appeal procedure.

A. The right to file a written appeal of a revocation or denial of new permit or renewal of a permit shall terminate upon the expiration of fifteen (15) days of the date of mailing by the Chief of Police of the notice specified in Sections 9.10.070 or 9.10.160. of this Chapter. The written appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an appeal fee in an amount as set by city council resolution. The City Clerk shall promptly forward a copy of the appeal to the Chief of Police.

B. In the event an appeal is timely filed, the denial of the renewal or revocation of the license, shall not be effective until a final decision has been made on the appeal. Notwithstanding 14 the foregoing, if the Chief of Police finds and determines that permitting an entertainment establishment to continue to operate, pending the appeal hearing, would present an unreasonable and immediate risk to the public health and safety, the denial of renewal or revocation of the license may take effect immediately. A business that has been denied an entertainment license, may not begin to operate as an entertainment establishment until it has obtained a valid entertainment license. If no timely appeal is filed, the denial of renewal or revocation, or issuance of a license, shall become effective upon expiration of the period for filing appeals.

C. Upon receipt of a timely appeal, the City Clerk shall refer the appeal to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as the hearing officer.

D. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the City Clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection.
a. Not less than fifteen (15) days prior to the appeal hearing, the City Clerk shall notify the Chief of Police and the appellant of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the City Clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. b. Within five (5) days of the date of mailing the notice of the available panel, the Chief of Police and the appellant may notify the City Clerk in writing that he or she elects to remove one of the three potential hearing officers.
c. The City Clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. d. The hearing officer shall be fair and impartial and shall have no bias for or against the Chief of Police or the appellant.

5. At the appeal hearing, the hearing officer shall receive oral and written evidence from the Chief of Police and the appellant. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs.

The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The Chief of Police shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance.

6. The hearing officer may uphold, modify or reverse the decision of the Chief of Police.

Within ten (10) days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the City Clerk. Upon receipt of the hearing officer's decision, the City Clerk shall send a copy of it to the Chief of Police and the appellant, along with a proof of mailing. 15 7. Within ten (10) days from date of the City Clerk's mailing of the decision, either party may appeal the decision to the City Manager. The appeal shall be in writing and filed with the City Clerk, and shall state the grounds of the appeal and specify the errors in the hearing officer's decision. Upon receipt of the appeal, the City Clerk shall schedule the appeal for review by the City Manager to occur within thirty (30) days.

8. The City Manager's review of the appeal shall be limited to determining whether the evidence received at the appeal hearing supports the findings and decision of the hearing officer.

The City Manager shall be limited to considering the evidence presented at the appeal hearing. No public hearing shall be required and no new evidence shall be taken by the City Manager. The City Manager's decision on the appeal shall be set forth in a written opinion. The City Clerk shall mail a copy of the City Manager's opinion to the Chief of Police and the appellant along with a proof of service. Any legal action challenging the City Manager's decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the City Manager's opinion, pursuant to Section 1094.5, et seq., of the California Code of Civil Procedure. The City Manager's decision shall be final and effective upon mailing of the opinion. If the appellant prevails following a final decision, the appeal fee shall be returned.

9.10.180 Severability.

If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional.

9.10.190 Violation —Penalty.

A. Any person who violates any of the provisions of this chapter is guilty of an infraction, except that the fourth and each additional violation of a provision of this chapter within one year, shall be a misdemeanor. Except as otherwise set forth herein, penalties for a violation of this chapter shall be as designated in Title 1 (General Provisions) of this code.

B. In addition to any other remedy authorized by this chapter, a violation of this chapter may be grounds for a revocation or denial of an entertainment license.

Section 5. Chapter 9.11 (Regulation of Private Security Operators) is hereby added to Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code to read as follows:
"Chapter 9.11 Regulation of Private Security Operators

9.11.010 Purpose and Intent.

The City of Temecula recognizes the importance of private security to preserve the public safety, health, and welfare. The purpose of this chapter is to regulate the operation of private security operators and security guards to ensure that adequate background checks, licensing, and identification are provided consistently throughout the community. 16 9.11.020 Definitions.
"BSIS" means the California Bureau of Security and Investigation Services, and/or any successor agency that regulates private security services for the State of California. "Private Security Operator" means an independent contractor or employer who has one or more employees, which is licensed by the state to employ "proprietary private security officers" as defined by the California Business and Professions Code section 7574.01, as may be amended from time to time, and/or "private patrol operators" and/or "security guards or security officers" as defined by the California Business and Professions Code section 7582.1, as may be amended from time to time, which furnishes or purports to furnish services for the purpose of affording security and protection of person and property or to perform any other service directly related to the private protection of life and property.
"Security Guard" means an individual employee or independent contractor of a private security operator who is licensed by the state to be a "proprietary private security officer" as defined by the California Business and Professions Code section 7574.01, as may be amended from time to time, and/or a "private patrol operator" and/or a "security guard or security officer" as defined by the California Business and Professions Code section 7582.1, as may be amended from time to time. "Unlicensed" means a person or business that does not have a license issued by the BSIS.

9.11.030 Business Requirements.

No business shall employ an unlicensed private security operator, an unlicensed security guard, or appoint unlicensed staff to perform any security responsibilities set forth in Chapters 11.4 or 11.5 of the California Business and Professions Code, as the same may be amended from time to time.

9.11.040 Business License Required.

All private security operators shall obtain a business license prior to commencing operations.

Individuals working for a private security operator and on the security operator's payroll do not require a separate business license.

9.11.050 State License Required.

All private security operators and security guards must have a valid and active license issued by the State of California. Private security operators and security guards may only operate in a way that the license permits the operator or guard to operate.

9.11.060 License Identification Required.

All private security operators must carry a valid and active license issued by the State of California whenever operating as a private security operator. All security guards must carry a valid and active license issued by the State of California whenever operating as a security guard The licenses issued above shall always be accompanied by a valid government issued identification card (i.e., Driver's License, etc.) which may verify the identity of the private security operator or security guard. The license and identification card must be made available to law enforcement and/or Code Enforcement immediately upon request.
17 9.11.070 Identification of Employer/Contract.

All security guards must disclose their employer's information or the business they are contracted with upon request to law enforcement and/or Code Enforcement immediately upon request.

9.11.080 Security Name Tag.

All security guards must wear a name tag with the security guard's first name and last initial and the name of the private security operator that employs the security guard.

9.11.090 Uniforms.

Security guards must wear a uniform with the word "SECURITY" and the name of the private security operator that is employing the individual or the name of the business that security services are being provided to by the private security operator.

9.11.100 Private Security Operator Vehicles.

Private security operators and security guards shall not use any vehicle which is painted in such a manner or in such colors as to cause it to be in imitation of or can be mistaken for an official patrol or traffic vehicle of the Sheriff or of any Police Department of any City within Riverside County, nor shall any such vehicle display any emblem or decal which is an imitation of, or can be mistaken for, any official vehicle emblem or decal of the Sheriff or of any police agency of any City within the County of Riverside.

9.11.110 Private Security Operator Use of Rank and Title A private security operator shall not use, grant, or bestow, or permit any security guard to assume or use any rank or title the same as or similar to any rank or title used by the Sheriff or by any Police Department within the County of Riverside.

9.11.120 Weapons
While acting as a security guard, the security guard shall not wear equipment or weapons that are not permitted by state license.

9.11.130 Restricted from Performing Police Duties
A private security operator or security guard shall not perform official police or investigation activities but shall immediately report every violation of law and every unusual occurrence to law enforcement.

9.11.140 Obstruction of Law Enforcement or City Staff
A private security operator or security guard shall not obstruct law enforcement, code enforcement, or the fire department from performing their duties to protect the public safety, health, and welfare.

9.11.150 Entertainment Venue High Visibility Requirements All businesses with Class III Entertainment license pursuant to Chapter 9.10 that employ private security operators shall require private security operators to wear a high visibility vest or shirt with the word "SECURITY" and the name of the business clearly marked on the front and back of the vest between dusk and dawn.
18 Section 6. Section 9.14.010 (Consumption of alcoholic beverages in public prohibited) and Section 9.14.020 (Possession of open containers of alcoholic beverages in public places prohibited.) of Chapter 9.14 (Consumption and Possession of Alcoholic Beverages Prohibited in Certain Public Places) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code are hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Chapter 9.14 remaining unchanged:
"9.14.010 Consumption of alcoholic beverages in public prohibited.

The drinking of beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage shall be prohibited at the following locations, unless specifically permitted by the prior written approval of the city:

A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access and areas accessible to the public of nonresidential property except within the specific licensed area of the premises of a commercial establishment holding a valid on -sale license or permit from the California Department of Alcoholic Beverage Control; or
C. Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency."
"9.14.020 Possession of open containers of alcoholic beverages in public places prohibited.

No person shall have in his or her possession, with intent to consume any part of the contents thereof, any bottle, can or other receptacle containing beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage, which has been opened, or a seal broken, or the contents of which have been partially removed, at the following locations, unless specifically permitted by the prior written approval of the city:

A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access, and areas accessible to the public of nonresidential property except within the specific licensed area of the premises of a commercial establishment holding a valid on -sale license or permit from the California Department of Alcoholic Beverage Control; or
C. Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency."
Section 7. Table N-1 (Temecula Land Use/Noise Standard) of Section 9.20.040 (General sound level standards.) of Chapter 9.20 (Noise) of Title 9 (Public Peace Morals and Welfare) of the Temecula Municipal Code is hereby amended to add a new row to read as follows:
19 Maximum Noise Level
Property Receiving Noise
(dBA)
Type of Use
Land Use Designation
Interior
Exterior
Mixed -Use with a residential
SPI or medium or high
45 70
component
residential designation
Section 8. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial 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 Section 17.08.030 remaining unchanged:

Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use

INCICCIFITISC
IPOIBP
ILI
A
Adult businesses —subject to Chapter 17.09 of
the Temecula Municipal Code
_
C
C
C
-
-
Aerobics/dance/gymnastics/jazzercise/martial
arts studios eater than 5,000 s . ft.
_
P
P
P
C
-
Aerobics/dance/gymnastics/jazzercise/martial
arts studios (less than 5,000 sq. ft.)
C
P
P
P
C
C
-
Airports
-
-
-
-
-
C
C
Alcoholism or drug treatment facilities
-
C
C
C
C
-
-
Alcoholic beverage manufacturing)
-
-
-
C
-
P
P
Alcoholic beverage manufacturing with Ewe
entertainment19
-
-
-
1 9
C�
-
1 9
C�
19 C�
Alcoholic beverage sales
See Section 17.10.020, Supplemental
development standards.

Ambulance services
-
-
P
P
-
P
P
Animal hospital/shelter
-
P
P
P
-
P
P
Antique restoration
-
C
C
C
-
C
P
Antique sales
P
P
P
P
-
-
-
Apparel and accessory shops
P
P
P
P
-
-
-
Appliance sales and repairs (household and
small appliances)
P
P
-
P
-
C
C
Arcades(pinball and videogames)'
-
C
C
C
-
-
-
Art supply stores
P
P
P
P
-
-
-
Auction houses
-
-
C
P
-
C
C
Auditoriums and conference facilities
-
C
C
C
C
C
C
Automobile oil change/lube services with no
major repairs
_
C
P
P
P
20 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Automobile painting and body shop
-
-
-
C
-
-
P
Automotive parts —sales
P
P
P
P
-
-
P
Automobile rental
-
C
C
P
-
-
P
Automobile repair services
-
C
C
P
-
-
P
Automobile sales (wholesale or auto broker
only) with no outdoor/storage of vehicles
_
C
C
P
-
C
C
Automobile sales with only indoor
display/storage of vehicles
_
C
C
P
-
C
C
Automobile sales with outdoor display/storage
of vehicles'
C
-
-
C
Automobile salvage yards/impound yards
-
-
-
-
-
-
C
Automobile service stations with or without an
automated car wash'
P
P
P
C
C
P
Automotive service stations selling beer and/or
wine —with or without an automated car wash'
C'
C'
C I
C'
C'
C'
B
Bakery goods distribution
-
-
-
P
-
P
P
Bakery retail
P
P
P
P
-
-
-
Bakery wholesale
-
-
-
P
-
-
P
Banks and financial institutions'
P
P
P
P
P
P
P
Barber and beauty shops
P
P
P
P
P
P
P
Bed and breakfast'
-
C
P
-
-
C
-
Beer and wine market'
C
C
C
C
-
-
-
Bicycle (sales, rentals, services)
P
P
P
P
-
-
P
Billiard parlor/pool hall19
-
C 99
C 99
C 99
-
-
Binding of books and similar publications
-
-
-
-
-
P
P
Blood bank
-
P
P
P
P
P
P
Blueprint and duplicating and copy services
-
P
P
P
P
P
P
Bookstores
P
P
P
P
-
-
-
Bowling alley'
-
P
P
P
-
-
-
Building material sales (with exterior
storage/sales areas greater than 50 percent of
total sales area)
-
-
-
P
-
-
P
Building material sales (with exterior
storage/sales areas less than 50 percent of total
sales area)
-
C
C
P
-
-
P
Butcher shop
P
P
P
P
-
-
-
C
Cabinet shop
-
-
-
P
-
-
P

Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Cabinet shops under 20,000 sq. ft.—no
outdoor storage
_
_
_
P
_
P
P
Camera shop (sales/minor repairs)
P
P
-
P
-
-
-
Candy/confectionery sales
P
P
P
P
-
-
-
Car wash, full service'
-
C
C
C
-
-
C
Carpet and rug cleaning
-
-
-
P
-
C
P
Catering services
P
P
-
P
-
P
P
Clothing sales
P
P
-
P
-
-
-
Coins, purchase and sales
P
P
-
P
-
-
-
Cold storage facilities
-
-
-
-
-
-
P
Communications and microwave installations
-
-
-
-
-
-
-
Communications equipment sales
-
C
-
C
-
P
P
Community care facilities
P
P
P
P
-
-
-
Computer sales and service
P
P
-
P
P
P
P
Congregate care housing for the elderly '° 4
P
P
P
P
P
-
-
Construction equipment sales, service or rental
-
-
-
C
-
-
P
Contractor's equipment, sales, service or rental
-
-
-
C
-
-
P
Convenience market'
C
C
C
C
C
-
-
Costume rentals
-
P
-
P
-
-
-
Crematoriums
-
Cutlery
-
P
P
P
-
-
-
D
Data processing equipment and systems
C
C
-
P
P
P
P
Day care centers
C
P
P
C
P
C
-
Delicatessen
P
P
P
P
P
P
P
Discount/department store
-
P
-
P
-
-
-
Distribution facility
-
-
-
C
-
C
P
Drug store/pharmacy
P
P
P
P
P
-
-
Dry cleaners
P
P
P
P
P
P
C
Dry cleaning plant
-
C
C
C
-
-
P
E
Educational institution
C
C
-
C
C
C
-
Efficiency unit housing
-
C
-
-
C
-
-
Emergency shelters
C
C
C
C
C
C
C
Equipment sales and rentals (no outdoor
storage)
_
P
P
P
-
C
P
Equipment sales and rentals (outdoor storage)
-
-
-
C
-
-
P
F
Feed and grain sales
-
-
-
P
-
-
P
22 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Fire and police stations
P
P
P
P
P
P
P
Floor covering sales
-
P
P
P
-
-
-
Florist shop
P
P
P
P
P
-
-
Food processing
-
-
-
-
-
-
P
Fortunetelling, or similar activity
P
P
P
P
P
P
-
Freight terminals
-
-
-
-
-
-
P
Fuel storage and distribution
-
-
-
-
-
-
C
Funeral parlors, mortuary
-
P
P
P
-
-
C
Furniture sales
-
P
-
P
-
-
I -
Furniture transfer and storage
-
-
-
C
-
P
P
G
Garden supplies and equipment sales and
service
_
C
P
P
-
-
C
Gas distribution, meter and control station
-
-
-
-
-
C
C
General merchandise/retail store less than
10,000 sq. ft.

C
P
P
P
-
-
Glass and mirrors, retail sales
-
P
P
P
-
-
-
Governmental offices
C
P
P
P
P
P
P
Grocery store, retail'
-
P
P
P
C
-
-
Grocery store, wholesale'
-
-
-
P
-
C
P
Guns and firearm sales
-
P
-
P
-
-
-
H
Hardware stores
P
P
-
P
-
-
-
Health and exercise clubs (greater than 5,000
sq. ft.)
_
P
P
P
-
P
-
Health and exercise clubs (less than 5,000 sq.
ft.)
C
P
P
P
C
P
-
Health care facility
P
P
P
-
P
P
P
Health food store
P
P
P
P
C
-
-
Heliports'
-
-
-
-
I -
C
C
Hobby supply shop
P
P
P
P
-
-
-
Home and business maintenance service
-
-
-
P
-
P
P
Hospitals
-
C
C
C
C
C
C
Hotels/motels
-
C
P
-
C
C
-
I
Ice cream parlor
P
P
P
P
P
-
-
Impound yard
-
-
-
-
I -
C
Interior decorating service
P
P
P
P
P
EP4-
J
Junk or salvage yard
-
-
-
-
-
-
C
23 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use

INCICCIHTISC
IPOIBP
ILI
K
Kennels'
-
IC
-
IC
-
IC
IC
L
Laboratories, film, medical, research or testing
-
_
_
_
_
P
P
centers
Laundromat
P
P
P
P
-
-
-
Laundry service (commercial)
-
-
-
P
-
-
P
Libraries, museums and galleries (private)
-
C
C
C
C
C
C
Liquefied petroleum, sales and distribution
-
-
-
-
-
-
C
Liquor stores'
-
-
-
-
-
-
-
Lithographic service
-
-
-
P
-
P
P
Locksmith
I P
P
P
P
-
-
P
M
Machine shop
-
-
-
-
-
-
P
Machinery storage yard
-
-
-
-
-
-
C
Mail order businesses
P
P
-
P
P
P
P
Manufacturing of products similar to, but not
limited to, the following:

Custom-made product, processing, assembling,
packaging, and fabrication of goods within
enclosed building (no outside storage), such as
jewelry, furniture, art objects, clothing, labor
-
-
-
-
-
P
P
intensive manufacturing, assembling, and
repair processes which do not involve frequent
truck traffic.

Compounding of materials, processing,
assembling, packaging, treatment or
fabrication of materials and products which
require frequent truck activity or the transfer of
heavy or bulky items. Wholesaling, storage,
and warehousing within enclosed building,
-
-
-
-
-
-
P
freight handling, shipping, truck services and
terminals, storage and wholesaling from the
premises of unrefined, raw or semirefined
products requiring further processing or
manufacturing, and outside storage.

Uses under 20,000 sq. ft. with no outside
_
P
P
storage
Commercial marijuana activity-
-
-
-
-
-
-
Marijuana cultivation?
-
-
-
-
-
-
-
Massage
P
P
P
P
P
P
-
24 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Medical equipment sales/rental
P
P
P
P
P
-
-
Medical marijuana dispensary
-
-
-
-
-
-
-
Membership clubs, organizations, lodges
C
C
C
C
C
C
C
Mini -storage or mini -warehouse facilitiesi
-
C
-
P
-
C
P
Mobile home sales and service
-
-
-
P
-
-
P
Motion picture studio
-
-
-
P
-
P
P
Motorcycle sales and services
-
-
-
P
-
-
C
Movie theaters
-
C
C
-
-
-
-
Musical and recording studio
-
C
C
C
-
P
P
N
Nurseries (retail)
-
C
C
P
-
-
P
Nursing homes/convalescent homes
C
C
C
C
C
-
-
O
Office equipment/supplies, sales/services
C
P
P
P
C
P
P
Offices, administrative, corporate headquarters
and professional services including, but not
limited to, business law, medical, dental,
veterinarian, chiropractic, architectural,
engineering, real estate, finance and insurance
P
P
P
P
P
5 P°
P5° 6
P
Paint and wallpaper stores
-
P
P
P
-
-
-
Parcel delivery services
P
P
P
P
P
P
P
Parking lots and parking structures
-
C
C
C
C
P
P
Pawnshop
-
P
P
P
-
-
-
Personal service shops
P
P
P
P
P
P
-
Pest control services
-
C
-
C
-
P
P
Pet grooming/pet shop
P
P
P
P
-
P
P
Photographic studio
P
P
P
P
P
P
-
Plumbing supply yard (enclosed or
unenclosed)
-
-
-
C
-
-
P
Postal distribution
-
-
-
-
-
-
P
Postal services
P
P
P
P
P
P
P
Printing and publishing (newspapers,
periodicals, books, etc.)
-
C
-
P
C
P
P
Private heliport'
-
-
-
-
C
C
C
Private heliport for hospital'
-
C
C
C
C
C
C
Private utility facilities (regulated by the
Public Utilities Commission)
P
P
P
P
P
P
P
Q (Reserved)
25 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use

INCICCIHTISC
IPOIBP
ILI
R
Radio and broadcasting studios, offices
-
P
P
P
P
P
P
Radio/television transmitter
-
-
-
-
-
P
P
Recreational vehicle parks
-
-
C
-
-
-
-
Recreational vehicle sales and rentals
-
-
C
C
-
-
C
Recreational vehicle, trailer, and boat storage
within an enclosed building
C
P
P
Recreational vehicle, trailer and boat storage-
exterior yard
-
-
-
C
-
-
P
Recycling collection facilities
-
P
-
-
-
C
P
Recycling processing facilities
-
-
-
-
-
C
P
Religious institution, without a daycare or
educational institution
P
P
P
C
P
C
C
Religious institution, with an educational
institution
C
C
C
C
C
C
-
Religious institution, with a daycare center
C
C
C
C
C
C
-
Residential (one dwelling unit on the same
parcel as a commercial or industrial use for use
of the proprietor of the business)
C
C
C
C
C
C
C
Residential, multiple -family housing
-
C
-
-
P8
-
-
Restaurant, drive-in/fast food
-
C
C
C
-
-
-
Rest ,,,. r o �; , o�� 44Rhme tsl
P
P-
P-
P-
P
P-
P-
s and E)th
-
C
C
E
-
E
E
Restaurant (bona fide public eating
establishment) without alcohol:

P_
P_
P_
P_
P_
P_
P_
Restaurant (bona fide public eating
establishment) with Beer & Wine Salesi
P'
P'
P'
P'
P'
P'
P'
Restaurant (bona fide public eating
establishment) with Beer, Wine & Distilled'
C1
—
C1
—
C'
C'
C'
C'
C'
Spirits
Restaurant (bona fide public eating
establishment) with Entertainment (not
-
PI,
9 PI,
9 PI,
9 -
P',
9 P', 9
including dancing)'° 9
Restaurant (bona fide public eating
establishment) with Entertainment and/or
P''9
P''9
P''9
Dancing 1 9
26 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Retail support use to a noncommercial
business (limited to the sale of products
manufactured or assembled on -site and
occupying less than 15 percent of the floor
area of the business)
-
-
-
-
-
P
P
Rooming and boarding houses
-
C
-
C
-
-
-
S
Scale, public
-
P
P
P
P
P
C
Schools, trade or vocational
-
P
P
P
P
P
C
Scientific research and development offices
and laboratories
-
-
-
-
C
P
P
Senior citizen housing (see also congregate
care)'' 4
P
P
P
P
P
-
-
Solid waste disposal facility
-
-
-
-
-
-
C
Specialty market'
C
P
P
P
C
-
-
Sports and recreational facility
C
C
C
C
C
C
C
Supportive housing
-
C
-
-
C
-
-
Swap meet, entirely inside a permanent
building'
-
-
-
C
-
C
C
Swap meet, outdoor
-
-
-
-
-
-
-
Swimming pool supplies/equipment sales
-
P
-
P
-
-
P
T
Tailor shop
P
P
-
-
P
-
-
Taxi or limousine service
-
P
P
P
-
-
C
Tile sales
-
P
-
P
-
-
-
Tobacco shop
C
P
P
P
-
-
-
Tool and die casting
-
-
-
-
-
-
P
Transfer, moving and storage
-
-
-
-
-
C
P
Transitional housing
-
C
-
-
C
-
-
Transportation terminals and stations
-
-
C
-
-
C
P
Truck sales/rentals/service'
-
-
-
C
-
C
TV/VCR repair
P
P
P
P4:__
-
-
-
U
Upholstery shop
-
-
-
C
-
P
P
V
Vending machine sales and service
-
-
-
P
-
-
P
W
Warehousing/distribution
-
-
-
-
-
C
P
Watch repair
P
P
P
-
-
P
-
Wedding chapels
-
P
P
-
-
-
-
27 Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Welding shop
-
-
-
-
-
-
P
Welding supply and service (enclosed)
-
-
-
P
-
-
P
Wine tasting shop, with or without product
sale for off -site consumption (Department of
C
P
P
P
-
-
-
Alcoholic Beverage Control Type 02 only)
Wine tasting shop, with or without product
sale for off -site consumption (Department of
C
C
C
C
-
-
-
Alcoholic Beverage Control License Types
other than Type 02)
Y (Reserved)
Z (Reserved)
Notes:

1. Subject to the supplemental development standards contained in Chapter 17.10 of this code.

2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code.

3. See Chapter 5.22 of the Temecula Municipal Code.

4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential performance and development standards for the high -density residential zone. Senior housing residential projects in the NC zone shall use the residential performance and development standards for the medium density residential zone and the applicable supplemental development standards in Chapter 17.10. Congregate care facilities shall use the residential performance standards.

5. New office buildings in the BP and LI zones are subject to performance standards contained in Section 17.08.070(E).

6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council.

7. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, Specific Plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.

8. Residential, multiple -family housing shall be allowed in the PO zone only if the affordable housing overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21.

9. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private SecuritOperators) Section 9. Subsections 1, 4, and 5 of `B. Alcoholic Beverage Sales" and Subsection "H" of Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code are 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:
`B. Alcoholic Beverage Sales.

1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcohol Beverage Control. All businesses or establishments shall provide the ABC license, conditions of the license. and the site elan upon reauest of law enforcement or the citv or. uaon the reauest of the applicant after pre -compliance review.

4. Restaufanis are peFmitted to sei=ve beer- and wine as a matter- of right but are stfl�eet sell, >
tffiless other -wise
r-eg-alated by a etiffent speeifie plan. —Restaurants shall operate under the following_ requirements:
28 a. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages, shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes. b. A conditional use permit is required for restaurants that plan on offering, selling, elling, or serving beer, wine, and distilled spirits (typically a Type 41 California ABC license), unless otherwise regulated by a current Specific Plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing C. Restaurants are permitted to serve beer and wine (typically a Type 42 California ABC license) as a matter of right.
d. Restaurants that desire to offer any form of entertainment, must obtain an entertainment license in accordance with Chapter 9.10.
e. Managers and staff shall obtain and maintain Responsible Beverage Service certifications (as required by the California Department of Alcoholic Beverage Control). The establishment shall maintain:
i. A current listing of all staff members that are certified to sell alcohol; ii. Responsible beverage service certification numbers and expiration dates for all staff members that are certified to sell alcohol;
f. If a conditional use permit is required for alcoholic beverage sales, a printed copy of the conditions of approval, including the approved floor plan, shall be stored on the premises in a readily accessible location and shall be made available upon request to the city or law enforcement or, upon the request of the applicant after pre -compliance review. g. All restaurants shall make a copy of the approved ABC license, the associated conditions, and the approved site plan available immediately upon request to city staff or law enforcement or, upon the request of the applicant after pre -compliance review. h. All security guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators)."

5. For establishments with on -sale alcohol beverage sales that are not bona fide eating establishments (i.e., eemedy elub, nightelub, daneed), the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit." "H. Entertainment Establishments. .

1. Noise levels shall not exceed the standards set forth in the noise element of the general plan or the standards set forth in Section 9.20.040.

2. Daneing, musie,
and similar- en4et4aimnent uses shall be limited to between the houfs of six p.m. and two . Entertainment establishments shall abide by Chapter 9 (Entertainment License).

3. The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations."
Section 10. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of Chapter

17.24 (Off -Street Parking and Loading) of Title 17(Zoning) of the Temecula Municipal Code is hereby amended as follows (with additions shown in underline, and deletions shown in strikethrough text), with all other provisions of Title 17.24.040 remaining unchanged:
29 Table 17.24.040
Parking Spaces Required
Description of Use
Required Number of Spaces
Commercial Uses - Retail and Service
Restaurants
Dine -in
1 space/100 SF-GFA, with a minimum of 10
spaces in all cases; restaurants with dance
areas must also comply with the dancing area
standards set forth under "Recreation Uses"
Fast food
Table 17.24.040
Parking Spaces Required
Description of Use
Required Number of Spaces
Recreation Uses
Des Dancing area
1 space/7 gross SF dance floor area
Section 11. Section 17.34.010 (Definitions and illustration of terms) of Section of Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the definition of "restaurant" and add definitions for "entertainment", "Restaurant (bona fide public eating establishment) without alcohol", "Restaurant (bona fide public eating establishment) with beer and wine sales", "Restaurant (bona fide public eating establishment) with beer, wine and distilled spirits" and revise the definition of "nightclubs, taverns, bars" as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.34.010 remaining unchanged:
"Entertainment" means any single event, a series of events, or an ongoingay or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons including, but not limited to:

1. Dancing by patron(s) to live or recorded music.

2. The presentation of music played on sound equipment operated by an agent, employee, contractor of the establishment, commonly known as "disc jockey" or "DJ."

3. The presentation of live music whether amplified or non -amplified.

4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source.

5. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including �presentations by single or multiple performers, such as hypnotists, pantomimes, comedians, karaoke, song or dance acts, plays, concerts, any type of contest; events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. 30 Restaurant (bona fide public eating establishment) without alcohol:

Means any establishment where the primary business is the preparation, service, and retail sales of meals comprising a varied selection of foods and nonalcoholic beverages prepared, served, and consumed on the premises. Entertainment establishments that allow dancing shall be considered a Class III establishment.

Restaurant (bona fide public eating establishment) with Beer and Wine Sales:

Means any establishment where the primary business is the preparation, service, and retail sales of meals comprising a varied selection of foods, nonalcoholic beverages, beer, and wine prepared, served, and consumed on the premises.

To be classified as a restaurant (bona fide public eating establishment) with beer and wine sales, an establishment shall meet the following_ requirements.

1. Be designed and operated in such a way that the sale of alcoholic beverages is ancillary to the primary restaurant operation;

2. The sale of an.. f�prepared for consumption off the premises shall be occasional only and clearly ancillary and subordinate to the on -premises restaurant operation;

3. On any day the restaurant is open to the public for business and engaged in the ancillary sale of alcoholic beverages, restaurant services shall be available to the public during all hours of operation. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, and other attendant dishes.

4. No entertainment shall be provided without an active and valid entertainment license.

5. No admission charge can be charged, and no required purchase/donation is required (such as a minimum drink order) for entertainment involvingdancing. ancing_

6. Entertainment establishments that allow dancing shall be considered a Class III establishment pursuant to Section 9.10.020.

Restaurant (bona fide public eating establishment) with Beer, Wine and Distilled Spirits:

Means any establishment where the primary business is the preparation, service, and retail sales of meals comprising a varied selection of foods, nonalcoholic beverages, beer, wine, and distilled spirits, prepared, served, and consumed on the premises.

To be classified as a restaurant (bona fide public eating establishment) with beer, wine, and distilled spirit sales, an establishment shall meet the following requirements.

I. Be designed and operated in such a way that the sale of alcoholic beverages is ancillary to the primary restaurant operation;

2. The sale of an.. f�prepared for consumption off the premises shall be occasional only and clearly ancillary and subordinate to the on -premises restaurant operation;

3. On any day the restaurant is open to the public for business and engaged in the ancillary sale of alcoholic beverages, restaurant services shall be available to the public during all hours of operation. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with apnronriate nonalcoholic beverages, desserts, and other attendant dishes.

4. No entertainment shall be provided without an active and valid entertainment license.

5. No admission charge can be charged, and no required purchase/donation is required (such as a minimum drink order) for entertainment involvingdancing. ancing_
931

6. Entertainment establishments that allow dancing shall be considered a Class III establishment pursuant to Section 9.10.020.
"Taverns and bars" means establishments primarily providing preparation and retail sales of alcoholic beverages as licensed by the Alcoholic Beverage Control Department. Taverns, and bars with dancing shall obtain a Class III Entertainment License." Section 12. 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 13. 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 14. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of April, 2022.

ATTEST:

Randi Johl, City Clerk
[SEAL]
32 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. 2022-06 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22"d day of March, 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 12th day of April, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
33 Randi Johl, City Clerk

Item No. 6

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 12, 2022
SUBJECT: Adopt Ordinance 2022-07 Amending Section 2.04.020 of the Temecula Municipal Code Relating to the Time of City Council Meetings (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2022-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.04.020 OF THE

TEMECULA MUNICIPAL CODE RELATING TO THE TIME

AND PLACE OF MEETINGS
BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present.

Ordinance No. 2022-07 was first introduced at the regularly scheduled meeting of March 22, 2022.

FISCAL IMPACT: None
ATTACHMENTS: Ordinance

ORDINANCE NO.2022-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTION 2.04.020 OF THE

TEMECULA MUNICIPAL CODE RELATING TO THE

TIME AND PLACE OF MEETINGS

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

SECTION 1. Section 2.04.020 of the Temecula Municipal Code is hereby amended to read as follows:
"2.04.020 Time and place of meetings.

A. Regular meetings for the city council shall be held on the second and fourth Tuesday of each month. Regular meetings shall commence at six p.m. for open sessions and adjourn at eleven p.m., subject to motion, unanimously adopted by the members present, to extend the meeting. The city clerk shall, with the assistance of the city attorney, determine the commencement time of closed sessions on the basis of the matters to be discussed therein. Regular meetings shall be conducted at City Hall, 41000 Main Street, Temecula." Section 2. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12t" day of April, 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 Ordinance No. 2022-07 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22"d day of March, 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 12th day of April, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Isaac Garibay, Director of Human Resources & Risk Management DATE: April 12, 2022
SUBJECT: Approve Governing Body Resolution Designating Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Grant Funding Through the Department of Homeland Security and Sub -Granted Through the State of California and Riverside County
PREPARED BY: Mikel Alford, Emergency Manager
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, CALIFORNIA, DESIGNATING AND

AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE

APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF

OBTAINING FEDERAL FINANCIAL ASSISTANCE

PROVIDED BY THE FEDERAL DEPARTMENT OF

HOMELAND SECURITY AND SUB -GRANTED THROUGH

THE STATE OF CALIFORNIA AND THE COUNTY OF

RIVERSIDE
BACKGROUND: To be eligible to receive financial assistance established under the Federal Emergency Management Agency's (FEMA) Emergency Management Performance Grant (EMPG) and the State Homeland Security Grant Program (SHSP), the State of California requires a resolution adopted by the City Council that designates certain city officials as eligible to apply for and receive federal financial assistance under the above -mentioned grant programs.

To that end, staff is recommending that the City Council adopt a resolution which would authorize the City Manager, or his/her designee, to execute and submit FEMA and SHSP Grants for, and on behalf of the City of Temecula.

FISCAL IMPACT: There is no fiscal impact with the passing of this resolution.

ATTACHMENTS: Resolution

RESOLUTION NO.2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA, CALIFORNIA, DESIGNATING AND

AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE

APPLICATIONS AND DOCUMENTS FOR THE PURPOSES

OF OBTAINING FEDERAL FINANCIAL ASSISTANCE

PROVIDED BY THE FEDERAL DEPARTMENT OF

HOMELAND SECURITY AND SUB -GRANTED THROUGH

THE STATE OF CALIFORNIA AND THE COUNTY OF

RIVERSIDE
WHEREAS, the City Council of the City of Temecula heretofore adopted Resolution No. 2022-XX designating and authorizing certain City officials to execute said applications and documents; and
WHEREAS, the California Governor's Office of Emergency Services requires that the Temecula City Council adopt Resolution No. 2022-XX in order to be eligible to apply for and receive federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the State of California and the County of Riverside Emergency Management Department; and
WHEREAS, the City of Temecula desires to continue to accept the State Homeland Security Program (SHSP) and Emergency Management Program Grant (EMPG) grants for grant years 2020, 2021, and 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City Manager, or his/her designee, are hereby authorized to execute and submit for and on behalf of the City of Temecula, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the State of California.

SECTION 2. That this authorization shall be in effect for the duration of the FY 20-21, FY 21-22, and FY 22-23 grant periods of the SHSP and EMPG.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of April, 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 12th day of April, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Erica Russo, Director of Community Services
DATE: April 12, 2022
SUBJECT: Approve Sponsorship Agreement with Veterans of Foreign Wars, Temecula Valley VFW Post #4089 for the 2022 Memorial Day Observance PREPARED BY: Dawn Adamiak, Community Services Superintendent RECOMMENDATION: That the City Council approve the Sponsorship Agreement with Veterans of Foreign Wars, Temecula Valley VFW Post #4089 for in -kind support valued at $700 in City support services and $11,415 in promotional services for the 2022 Memorial Day Observance.

BACKGROUND: Staff received a sponsorship request from Veterans of Foreign Wars, Temecula Valley VFW Post #4089 to provide City support for the 2022 Memorial Day Observance to be held May 30, 2022. This same request was approved for the 2019 Memorial Day Observance event.

The mission of Veterans of Foreign Wars, Temecula Valley Post #4089 is to foster camaraderie among United States veterans of overseas conflicts; to serve our veterans, the military, and our communities; and to advocate on behalf of all veterans.

The Memorial Day Observance will include a short program, Presentation of Colors, dignitary remarks and recognition of Gold Star parents. Due to the nature of the event, it is permitted to take place at the Fallen Heroes Memorial at the Temecula Duck Pond.

FISCAL IMPACT: The City staff support costs of $700 and in -kind promotional services of $11,415 are included in the Fiscal Year 2021-22 Operating Budget of the various supporting departments.

ATTACHMENTS: Agreement

SPONSORSHIP AGREEMENT BETWEEN

CITY OF TEMECULA AND VETERANS OF FOREIGN WARS,
TEMECULA VALLEY VFW POST #4089
THIS AGREEMENT is made and effective as of this 12th day of April, 2022, by and between the City of Temecula a municipal corporation (hereinafter referred to as "City"), and Veterans of Foreign Wars, Temecula Valley VFW Post #4089, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:

1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
a. The Nonprofit shall hold the Memorial Day Observance (hereinafter referred to as the "Event") on May 30, 2022. The Event is a special event which is located at the Temecula Duck Pond. The Temecula Duck Pond is approved due to the nature of the event and the Fallen Hereos Memorial located at this site.
b. The Event includes a short program including Presentation of Colors, dignitary remarks and recognition of Gold Star Parents.

C. Alcohol will not be served.
d. The City desires to be a Co -Sponsor of the Event.

2. TERM
This Agreement shall commence on April 12, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement.

3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed Seven Hundred Dollars and No Cents ($700.00) and in -kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00), as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A.

4. WRITTEN REPORT
Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format.

In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report.

5. PERMITS
The Nonprofit shall file an application for a Special Event Permit with the City no later than sixty (60) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine 08/09/2021

whether to issue the permits and the nature and scope of Conditions of Approval_ The Nonprofit shall comply with all conditions of approval for the Special Event Permit, or any other City -issued permits.

Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement.

6. MEETING ATTENDANCE
The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted.

7. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofiit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement.

8. INSURANCE
The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by May 1, 2022, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 0106 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers Compensation insurance as required by the State of California and Employee's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees.

Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no 08/0912021

employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees.

C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit.

The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acce tabili of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraq . Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

GOVERNING LAW
The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the 08/09/2021

interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

10. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section.

11. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

12. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice:

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Recipient: Veterans of Foreign Wars, Temecula Valley VFW Post #4089
Attn: John Hernandez
28075 Diaz Road
Temecula, CA 92590
1S. INDEPENDENT CONTRACTOR
a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofiit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City.

O0109/2021

City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder.

16. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

17. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non - substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination.
0510912021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA VETERANS OF FOREIGN WARS,
TEMECULA VALLEY VFW POST 94089
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: By:

Matt Rahn, Mayor "Ommander
VFW enior Vice
istrict 3
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

B on Lively, gk4or Vice
Commander VFW Post 4089
By:

Peter M. Thorson, City Attorney NONPROFIT
Veterans of Foreign Wars, Temecula Valley
VFW Post #4089
Attn: John Hernandez
28075 Diaz Road
Temecula, CA 92590
johnhernandezvfwftmail.com
6 City Purchasing Mgr.

Initials and Date:
08/09/2021

EXHIBIT "A"

CITY OF TEMECULA SPONSORSHIP BENEFITS

CO-SPONSOR
Veterans of Foreign Wars, Temecula Valley VFW Post #4089 shall provide the following benefits and services for the citizens of the City of Temecula:
■ City of Temecula logo/name on advertisements
City of Temecula name on all press releases
City of Temecula logo/name on event poster
City of Temecula logo/name on event flyers
*"Press Releases will be distributed to all local media, however, publication cannot be guaranteed.

Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc.
=09f2021

EXHIBIT "B"

IN -KIND SERVICES

ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated cost projections for the Memorial Day Observance event. The following expenses can be anticipated for the event:

Public Works: $ 300.00
Community Services: 5 400.00
TOTAL: $ Zoo.ao

ESTIMATED VALUE OF PROMOTIONAL SERVICES

PROVIDED BY THE CITY OF TEMECULA
The estimated value for in -kind promotional assistance provided by The City of Temecula for the Memorial Day Observance is as follows:

Item
Auto Mall Marque
Appears approximately once every 4'/2 minutes
Cable Channel
Event slide appears approximately once per hour for 30 seconds City Website
Event Listing on the City of Temecula's event calendar
Promotional Poster
42X66 poster displayed in the concourse at the Civic Center

TOTAL VALUE
Value
$ 3,115.00
$ 5,100.00
$ 2.200.00
$ 1,000.00
8 08/09/2021

Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Michael Heslin, Director of Information Technology and Support Services DATE: April 12, 2022
SUBJECT: Approve Second Amendments to Agreements with Convergint Technologies, LLC, for the Purchase, Installation, and Maintenance of a Citywide Surveillance System RECOMMENDATION: That the City Council:

1. Approve the Second Amendment to the Purchase and Installation Agreement with Convergint Technologies, LLC, extend the term to May 22, 2025, increase the amount of the contract by $2,000,000, plus contingency of $200,000, for citywide surveillance system expansion and enhancements, bringing the total agreement amount to $7,656,035; and

2. Approve the Second Amendment to the Maintenance Work Agreement with Convergint Technologies, LLC, increase the amount of the contract by $1,000,000, plus contingency of $100,000, for citywide surveillance system maintenance and repairs, bringing the total agreement amount to $2,240,819, for a term of five years beginning April 12, 2022.

BACKGROUND: On May 22, 2018, City Council approved agreements for the Purchase and Installation and Maintenance Work for the Citywide Surveillance System.

On May 1, 2020, the City Manager approved the First Amendment to the Purchase and Installation Agreement to add scope of work, extend the term and increase the payment amount.

On June 3, 2020, the City Manager approved the First Amendment to the Maintenance Work Agreement to add scope of work and increase the payment.

The second amendment to the purchase and installation agreement is to install surveillance and security systems in Council approved Capital Improvement Program (CIP) and Annual Operating Budget (AOB) projects. These sites include the city parks, recreation centers, museums, and traffic intersections. These projects may include but are not limited to; security systems design work, network switches and cabling, servers and storage, security software, access control, intercom, and installation of cameras.

FISCAL IMPACT: The Citywide Surveillance Camera Project is included in the Capital Improvement Program (CIP) for Fiscal Years 2022-26. CIP Projects include funding for the installation of surveillance equipment as part of the construction of those specific facilities. These

include the parks, recreation centers, museums, and traffic intersections. Additionally, funds are budgeted in the annual operating budget and programmed for citywide security projects.

The second amendment to the maintenance work agreement is for operational needs including hardware, software, preventative maintenance, licensing, and repairs. These costs are budgeted in the annual operating budget.

ATTACHMENTS: 1) Second Amendment to Purchase and Installation Agreement 2) Second Amendment to Maintenance Work Agreement

SECOND AMENDMENT TO CITYWIDE SURVEILLANCE SYSTEM PURCHASE AND

INSTALLATION AGREEMENT BETWEEN
CITY OF TEMECULA AND CONVERGINT TECHNOLOGIES, LLC.

THIS SECOND AMENDMENT is made and entered into as of April 12, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Convergint Technologies, LLC., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This Amendment is made with the respect to the following facts and purposes:
a. On May 22, 2018, the City and Contractor entered into that certain Agreement entitled "Citywide Surveillance System Purchase and Installation Agreement Between City of Temecula and Convergint Technologies, LLC.," in the amount of $4,050,941. b. On May 1, 2020, the City and Contractor entered into the First Amendment to that certain Agreement entitled Citywide Surveillance System Purchase and Installation Agreement Between the City of Temecula and Convergint Technologies, LLC.," to add scope of work, extend the term of the agreement to May 22, 2023, increase the payment in the amount of $1,000,000, and to add the contingency in the amount of $405,094 C. The parties now desire to extend the term of the agreement to May 22, 2025, increase the payment in the amount of $2,000,000, increase the contingency in the amount of $200,000, and to amend the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:

This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than May 22, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 3 of the Agreement entitled "PURCHASE / INSTALLATION PRICE" is hereby amended to read as follows:

The City agrees to pay Contractor the sum of Seven Million, Fifty Thousand, Nine Hundred Forty -One Dollars ($7,050,941) plus contingency in the amount of Six Hundred Five Thousand, Ninety -Four Dollars ($605,094) for a total Agreement amount of Seven Million, Six Hundred Fifty -Six Thousand, Thirty -Five Dollars ($7,656,035) for the Work, including equipment and installation. The Purchase Price is final and shall be paid by City to Contractor in accordance with Exhibit B, Payment Rates and Schedule. Contractor shall invoice the City for the work completed under Exhibit A, Scope of Work, and City will pay the undisputed portion of the invoice within thirty (30) days after the date of the invoice.
08/09/2021

4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By
Matt Rahn, Mayor
ATTEST:

By
Randi Johl, City Clerk
APPROVED AS TO FORM:

By
Peter M. Thorson, City Attorney
CONVERGINT TECHNOLOGIES, LLC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Ken Lochiatto, CEO
By:

CONTRACTOR
Convergint Technologies, LLC.

Attn: Fabian Escalante, Sr. Account Executive
1667 N. Batavia Street
Orange, CA 92867
Phone: (714) 546-2780
E-Mail: [email protected]
City Purchasing Mgr.

InitialsAnd
Date:
08/09/2021 4

ATTACHMENT A

EXHIBIT B
The rates below will apply for additional purchase and installation projects completed by Contractor.

Convergint has prepared the below listed fixed rates for municipal customers. All on -site service calls will be billed with a 2 hour minimum and will require a truck charge. Remote service calls will be billed with a 1-hour minimum. All work requiring a bucket truck will require 2-man crew for safety and will require a bucket truck charge.

Technician: $165/hour
Specialist: $170/hour
Truck charge: $70/day
Bucket Truck: $250/day
Rates may be adjusted annually subject to a 3% annual increase. 08/09/2021

October 2019
Written Consent of the Managers
of Convergint Technologies LLC
The undersigned, representing the Managers of Convergint Technologies LLC, a Delaware Limited Liability Company, having rights found within the Operating Agreement entered into on the 25" day of May, 2001, in lieu of holding a meeting, do hereby consent to the following resolutions:

1. Appointment of Officers
It is Resolved that as of the date hereof, the incutnbent of of'the LLC are hereby removed, and the, following o f cers are hereby elected, each to serve in the office set forth opposite his or her name below, until his or her successor is ditly elected and shall have qualified or until his or her earlier death, resignation or removal.

Dan Moceri
Executive Chairman
Ken Lochiatto
CEO
Jim Boutwell
President/COO
Kathryn Ingraham
Vice President, General Counsel and
Secretary
Alan Bergschneider
Vice President, CFO and Treasurer
Mike Mathes
Executive Vice President
Sean Flint
Executive Vice President
Tony Varco
Vice President, Security & Marketing
Barry Yatzor
Vice President, Fire Alarm and Life
Safety
Bliuvana Badrinathan
Vice President and CIO
Laura Mueller
Vice President of Human Resources
Walter W. Winkel III
Vice President
Jeff Rogers
Vice President
Mike Singer
Vice President
Mike Brunsen
Vice President
William Gannet
Vice President
Tim Beasley
Vice President
Lawrence Hillman
Vice President
Jim Kishish
Vice President
Dave Vitullo
Vice President
Jim Maymon
Vice President
Dave Patterson
Vice President
Jeff Holland
Vice President

Convergint Technologies LLC
October 2019 Manager's Meeting

Page 2 ends

Mike Brant
Kevin Donegan
Mike Duncan
Eric Yunag
Bill Casali
Scott Strange
Vice President
Vice President of Strategy
Vice President of Global Accounts
Vice President of Strategic initiatives
Assistant Secretary
Assistant Secretary

2. Signing Authority for: Convergint Technologies LLC
It is resolved that the following signing authority is hereby ratified, adopted and approved:

Real property leases and amendments thereto shall be vested in each of the following two individuals:
• Vice President/General Counsel,
• Vice President/CFO,
Vendor and distributor agreements shall be vested in each of the following:
• Executive Chairman,
• CEO,
• President/COO,
• Vice President/General Counsel,
• Vice President/CFO,
• Barry Yatzor-VicePresident, Fire Alarm and Life Safety, • Tony Varco- Vice President, Security
Non -disclosure agreements shall be vested in:
• Executive Chairman,
• CEO,
• President/COO,
• Executive Vice President,
• Vice President/General Counsel,
• Vice President/CFO,
• Any one of the Vice Presidents listed above in Section 1, • Kevin Sheridan, Director of Financial Institution Services • Henry Kedzierski, Director of Credit & Accounts Payable • Amir Sheclrter, Director Advance Solutions — Enterprise Services • Scott Strange, Assistant Secretary
Total approved customer contracts with a value equal to or over $1OMshall be vested in:

Any two of.'-
• Executive Chairman,
• CEO,
• President/COO,
• Executive Vice President,
• Vice President/General Counsel,
• Vice President/CFO,

Convergint Technologies LLC
October 2019 Manager's Meeting

Page 3 ends

Total approved customer contracts with a value up to $IOMshall be vested in:

Any one of:
• Executive Chairman,
• CEO,
• President/COO,
• Executive Vice President,
■ Vice President/General Counsel,
• Vice President/CFO,
Total approved customer contracts with value up to $1,000,000 shall be vested in:
• Any one of the Vice Presidents listed above in Section I Total approved customer contracts with value up to S 00, 000 shall be vested in. • Any General Manager
• Business Development Manager — Dino DeRose
Total approved customer contracts with value up to SI00,000 shall be vested in:
• Any Operations Manager
• Director, Acquisitions Operations —Andy Gross
• Operations Supervisor — Geri Smith
• Operations Supervisor — Joe Sena
• Technical Operations Manager —Nick Sink
• Technical Operations Manager — Timothy Davis
• Service Manager — Chris Parris
• Service Manager — Tim Pugh
• Service Manager — Michael Maggio
• Service Operations Manager — Ryan Mount
• Installation Manager — Mike Semonella
• Office and Contracts Manager Seattle — Shana Hon
■ Contracts Manager — Christine Riker
■ Sales Manager — Kris Painter
■ Sales Manager— Stephanie Meltrer
• Region Service Manager — Keith Johnson
• Service Supervisor — Jared Schroeder
Signing authority for customer contracts includes related ancillary, documents such as RFPs/bids, work orders, change orders, lien releases.

3. Delegation of Authority
It is resolved, that the CEO, President, CFO and General Counsel have the authority to reasonably delegate signing authority to certain individuals as authorized signatories of the Company to execute and deliver commercial contracts and other documents necessary for the operations of the Company, subject in each case to all directions and/or limitation imposed by the CEO, President, CFO and General Counsel (as applicable) in connection with such delegation.

Convergint Technologies LLC
October 2019 Manager's Meeting

Page 4 ends

4. 401k Meeting
The Investment Plan Committee shall consist of the following members: Ken Lochiatto, Alan Bergschneider and Leslie Evans,

5. Ratification ❑f Prior acts:

It is resolved, that all actions of the Managers and Officers taken on behalf of the LLC since the last meeting are hereby ratified, adopted and approved in writing.

6. Waiver of Notice:

It is resolved, that the undersigned Managers hereby waive any notice or right to object to any of the actions taken or approved hereby.
[SIGNATURE PAGE TO FOLLOW]

Convergint Technologies LLC
October 2019 Manager's Meeting

Page 5 ends

Dated as of this 1st day of October, 2019.

Managers
-J�04�2
Ken Lochiauo
i-y" i
Js utwell
an l;crgsrhneider �__._

SECOND AMENDMENT CITYWIDE SURVEILLANCE SYSTEM MAINTENANCE WORK

AGREEMENT BETWEEN
CITY OF TEMECULA AND CONVERGINT TECHNOLOGIES, LLC.

THIS SECOND AMENDMENT is made and entered into as of April 12, 2022, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Convergint Technologies, LLC., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On May 22, 2018, the City and Contractor entered into that certain Agreement entitled "Citywide Surveillance System Maintenance Work Agreement Between the City of Temecula and Convergint Technologies, LLC.," in the amount of $473,742. b. On June 3, 2020, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Citywide Surveillance System Maintenance Work Agreement Between the City of Temecula and Convergint Technologies, LLC.," to add scope of work and increase the amount of the contract by $620,000 for citywide surveillance system maintenance and repairs, bringing the total agreement amount to $1,141,089.

C. The parties now desire to increase the payment in the amount of $1,000,000, increase the contingency in the amount of $100,000 and to amend the Agreement as set forth in this Amendment.

2. Section 4 of the Agreement entitled "COST OF MAINTENANCE WORK" is hereby amended to read as follows:

The City agrees to pay Contractor the sum of One Million Dollars ($1,000,000) plus contingency in the amount of One Hundred Thousand Dollars ($100,000) for a total Agreement amount of Two Million, Two Hundred Forty-one Thousand, Eighty-nine Dollars ($2,241,089). Contractor shall invoice the City for the work completed under Exhibit A, Scope of Work, and City will pay the undisputed portion of the invoice within thirty (30) days after the date of the invoice.

3. Exhibits "A" and "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full in Exhibits A and B.

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By
Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
CONVERGINT TECHNOLOGIES, LLC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: c7
en, Lochiatto, CEO
By:

CONTRACTOR
Convergint Technologies, LLC.

Attn: Fabian Escalante, Sr. Account Executive
1667 N. Batavia Street
Orange, CA 92867
Phone: (714) 546-2780
E-Mail: [email protected]
City Purchasing Mgr.

Initials and
Date:
08/09/2021

ATTACHMENT A

EXHIBIT A
Maintenance On Additional Equipment
Any cameras in addition to the original 483, that are installed by Contractor will be included within the maintenance Agreement, covered by the Preventative Maintenance program and subject to payment rates defined in Exhibit B, Payment Rates and Schedule.

Additional licensing, maintenance, and repairs on software, equipment, and infrastructure will be billed according to the rates set forth in Exhibit B, Payment Rates and Schedule.

EXHIBIT B
Convergint has prepared the below listed fixed rates for municipal customers. All on -site service calls will be billed with a 2 hour minimum and will require a truck charge. Remote service calls will be billed with a 1-hour minimum. All work requiring a bucket truck will require 2-man crew for safety and will require a bucket truck charge.

Technician:
$165/hour
Specialist:
$170/hour
Truck charge:
$70/day
Bucket Truck:
$250/day
Rates may be adjusted annually subject to a 3% annual increase. 08/09/2021

i
October 2019
Written Consent of the Managers
of Convergint Technologies LLC
The undersigned, representing the Managers of Convergint Technologies LLC, a Delaware Limited Liability Company, having rights found within the Operating Agreement entered into on the 25" day of May, 2001, in lieu of holding a meeting, do hereby consent to the following resolutions:

1. Appointment of Officers
It is Resolved that as of the date hereof,' the incumbent of of 'the LLC are hereby removed, and the follovving officers are hereby elected, each to serve in the office set forth opposite his or her name belmr, until his or her successor is dzdy elected and shall have qualified or until his or her earlier death, resignation or removal.

Dan Moceri
Executive Chairman
Ken Lochiatto
CEO
Jim Boutwell
President/COO
Kathryn Ingraham
Vice President, General Counsel and
Secretary
Alan Bergschneider
Vice President, CFO and Treasurer
Mike Mathes
Executive Vice President
Sean Flint
Executive Vice President
Tony Varco
Vice President, Security & Marketing
Barry Yatzor
Vice President, Fire Alarm and Life
Safety
Bhuvana Badrinathan
Vice President and CIO
Laura Mueller
Vice President of Human Resources
Walter W. Winkel III
Vice President
Jeff Rogers
Vice President
Mike Singer
Vice President
Mike Brunsen
Vice President
William Gannet
Vice President
Tim Beasley
Vice President
Lawrence Hillman
Vice President
Jim Kishish
Vice President
Dave Vitullo
Vice President
Jim Maymon
Vice President
Dave Patterson
Vice President
Jeff Holland
Vice President

e
Convergint Technologies LLC
October 2019 Manager's Meeting

Page 2 ends

Mike Brant
Kevin Donegan
Mike Duncan
Eric Yunag
Bill Casali
Scott Strange
Vice President
Vice President of Strategy
Vice President of Global Accounts
Vice President of Strategic Initiatives
Assistant Secretary
Assistant Secretary

2. Signing Authority for: Convergint Technologies LLC
It is resolved that the,fbllowing signing authority is hereby ratified, adopted and approved:

Real property leases and amendments thereto shall be vested in each of the following two individuals:
• Vice President/General Counsel,
• Vice President/CFO,
Vendor and distributor agreements shall be vested in each of the following:
• Executive Chairman,
• CEO,
• President/COO,
• Vice President/General Counsel,
■ Vice President/CFO,
• Barry Yatzor- Vice President, Fire Alarm and Life Safety, • Tony Varco- Vice President, Security
Non -disclosure agreements shall be vested in:
• Executive Chairman,
• CEO,
• President/COO,
• Executive Vice President,
• Vice President/General Counsel,
• Vice President/CFO,
■ Any one of the Vice Presidents listed above in Section 1, • Kevin Sheridan, Director of Financial Institution Services • Henry Kedzierski, Director of Credit & Accounts Payable • Amir Shechter, Director Advance Solutions — Enterprise Services • Scott Strange, Assistant Secretary
Total approved customer contracts with a value equal to or over $10Mshall be vested in. -
Any two of.
• Executive Chairman,
• CEO,
• President/COO,
• Executive Vice President,
• Vice President/General Counsel,
• Vice President/CFO,

Convergint Technologies LLC
October 2019 Manager's Meeting

Page 3 ends

Total approved customer contracts with a value up to $IOMshall be vested in:

Any one of.-
• Executive Chairman,
• CEO,
• President/COO,
• Executive Vice President,
• Vice President/General Counsel,
• Vice Presidenl/CFO,
Total approved customer contracts with value up to $1,000,000 shall be vested in:
• Any one of the Vice Presidents listed above in Section I Total approved customer contracts with value up to $500,000 shall be vested in:
• Any General Manager
• Business Development Manager — Dino DeRose
Total approved customer contracts with value up to $100,000 shall be vested in:
• Any Operations Manager
• Director, Acquisitions Operations —Andy Gross
• Operations Supervisor — Geri Smith
• Operations Supervisor — Joe Sena
• Technical Operations Manager — Nick Sink
• Technical Operations Manager — Timothy Davis
• Service Manager — Chris Parris
• Service Manager — Tim Pugh
• Service Manager — Michael Maggio
• Service Operations Manager — Ryan Mount
• Installation Manager — Mike Semonella
• Office and Contracts Manager Seattle — Shana Hon
• Contracts Manager — Christine Riker
• Sales Manager — Kris Painter
• Sales Manager — Stephanie Meurer
• Region Service Manager — Keith Johnson
• Service Supervisor — Jared Schroeder
Signing authority for customer contracts includes related ancillary documents such as RFPs/bids, work orders, change orders, lien releases.

3. Delegation of Authority
It is resolved, that the CEO, President, CFO and General Counsel have the authority to reasonably delegate signing authority to certain individuals as authorized signatories of the Company to execute and deliver commercial contracts and other documents necessary for the operations of the Company, subject in each case to all directions and/or limitation imposed by the CEO, President, CFO and General Counsel (as applicable) in connection with such delegation.

Convergint Technologies LLC
October 2019 Manager's Meeting

Page 4 ends

4. 401k Meeting
The Investment Plan Committee shall consist of the following members: Ken Lochiatto, Alan Bergschneider and Leslie Evans.

5. Ratification of prior acts:

It is resolved, that all actions of the Managers and Officers taken on behalf of the LLC since the last meeting are hereby ratified, adopted and approved in writing.

6. Waiver of Notice:

It is resolved, that the undersigned Managers hereby waive any notice or right to object to any of the actions taken or approved hereby.
[SIGNATURE PAGE TO FOLLOW]

Cony ergint Technologies LLC
October 2019 Manager's Meeting

Page 5 ends

Dated as of this 1st day of October, 2019.

Managers
Ken L(,chilauo
J1n1 B umell
rr
1 4-an Hergschneider

Item No. 10

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: April 12, 2022
SUBJECT: Approve Seventh Amendment to the Agreement with Proactive Fire Design & Consulting, Inc. for Plan Review Services
PREPARED BY: Wendy Miller, Management Analyst
RECOMMENDATION: That the City Council approve the Seventh Amendment to the Agreement with Proactive Fire Design & Consulting, Inc., in the amount of twenty-five thousand dollars and no cents ($25,000) for Fiscal Year 2021-2022 for the Fire Department Plan Review Service.

BACKGROUND: On July 1, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Review Service," in the amount of Ninety Thousand Dollars and No Cents ($90,000) annually with the ability, upon mutual agreement to extend the contract for four (4) additional one (1) year terms for a total five-year agreement amount of $450,000.

On July 1, 2016 the City and Consultant entered into the first amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to extend the term to June 30, 2020.

On March 27, 2018 the City and Consultant entered into the second amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $465,000.00
On February 26, 2019 the City and Consultant entered into the second amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $485,000.00.

On April 1, 2020 the City and Consultant entered into the fourth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $515,000
On July 1, 2020 the City and Consultant entered into the fifth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services to increase the contract amount to $635,000.

On July 1, 2021 the City and Consultant entered into the sixth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to extend the terms of the agreement to June 30, 2022 and increase the contract amount to $755,000.

The parties now desire to increase the payment in the amount of $25,000 for a total contract amount of $780,000.

FISCAL IMPACT: Adequate funds were made available with the approval of the mid- year Fire Department budget approved by the Council on February 22,2022.

ATTACHMENTS: Amendment

SEVENTH AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND PROACTIVE FIRE DESIGN & CONSULTING, INC.

FIRE DEPARTMENT PLAN REVIEW SERVICE
THIS SEVENTH AMENDMENT is made and entered into as of February 15, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Proactive Fire Design & Consulting, Inc. a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:

A. On July 1, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Service," in the amount of Ninety Thousand Dollars and No Cents ($90,000) annually for the total contract amount of $450,000.
b. On July 1, 2016 the City and Consultant entered into the first amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Service" to extend the term to June 30, 2020
C. On March 27, 2018 the City and Consultant entered into the second amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $465,000.
d. On February 26, 2019 the City and Consultant entered into the third amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $485,000
e. On April 1, 2020 the City and Consultant entered into the fourth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $515,000.
f. On July 1, 2020 the City and Consultant entered into the fifth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services to in increase the contract amount to $635,000.
g. On July 1, 2021 the City and Consultant entered into the sixth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to extend the terms of the agreement to June 30, 2022 and increase the contract amount to $755,000.
h. The parties now desire to increase the payment in the amount of $25,000 for the total contract amount of $780,000 and to amend the Agreement as set forth in this Amendment.

2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:
06/15/2020

The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SEVENTH Amendment amount shall not exceed Twenty five thousand dollars and no cents ($25,000) for additional Plan Review Service for a total Agreement amount of seven hundred and eighty thousand dollars and no cents ($ 780,000).

3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 06/15/2020

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By-
-Aref en-Adems;-G'"enagef
Matt Rahn, Mayor
ATTEST:

By
Randi Johl, City Clerk
APPROVED AS TO FORM:

PROACTIVE FIRE DESIGN & CONSULTING
INC.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
By;
4 &Y-
Donald Walton, President
By: 41 P.10 U
J arie Walton, Secretary
By: ---
Peter M. Thorson, City Attorney CONSULTANT
Proactive Fire Design & Consulting, Inc _
Donald Walton
45686 Hopactong Street
Temecula, CA 92592
951-296-3473
don@proactivefiredesi n.com
City Purchasing Mgr.

Ini ' Is and D te:
1ti Z
3 06/15/2020

Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: April 12, 2022
SUBJECT: Approve the Agreement for Consultant Services with Placeworks, Inc, for the Preparation of the Proposed Old Town Outdoor Dining Program PREPARED BY: Brandon Rabidou, Senior Management Analyst.

RECOMMENDATION: That the City Council approve the Agreement for Consultant Services with Placeworks, Inc., in the amount of $138,320, with a 10% contingency of $13,832, for a total agreement of $152,152, for the proposed Old Town Outdoor Dining Program.

BACKGROUND: On June 9, 2020, the City Council elected to start the Temporary Expanded Dining/Retail Program (TED) to support local businesses who were limited by social distancing requirements due to the pandemic. In 2021, the City Council elected to extend the program by one year, and directed staff to analyze a potential permanent program. During the last several months, staff has developed an initial scope of work, selected a consultant, and negotiated an agreement to study the potentially permanent program.

FISCAL IMPACT: There are sufficient funds budgeted in Planning line item 001.161.999.5248 for these consulting services.

ATTACHMENTS: Agreement

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND PLACEWORKS INC.

OLD TOWN OUTDOOR DINING PROGRAM
THIS AGREEMENT is made and effective as of April 12, 2022, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Placeworks Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on April 12, 2022 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2024.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed one hundred thirty-eight thousand three hundred twenty dollars and no cents ($138,320.00), plus 10% Contingency of thirteen thousand eight hundred thirty-two dollars and no cents ($13,832.00) for a total agreement amount of one hundred fifty-two thousand one hundred fifty-two dollars and no cents ($152,152.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
08/09/2021

The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council.

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

6. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be 08/09/2021

maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

9. INSURANCE REQUIREMENTS
a. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 08/09/2021

4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession.

C. Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property damage
3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate.
d. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). e. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date.
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6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
f. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. g. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 08/09/2021

or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

13. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Placeworks, Inc.

Attn: Alan Loomis
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707

14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

15. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in 08/09/2021

the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Randi Johi, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
a

PLACEWORKS INC
B
By --- -- —
Karen Gulley, Vice Presid

CONSULTANT
Placeworks, Inc.

Alan Loomis
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
(714) 966-9220 _
a loom [email protected]
City Purchasing Mgr.

Initials and Date:

W'L ZL
08/09/2021

EXHIBIT A
Tasks to be Performed
All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 08/09/2021

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Contractors proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $152,152.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
10 08/09/2021

PLACEWORKS
March 11, 2022
Matt Peters, Senior Planner
City of Temecula
41000 Main Street
Temecula CA 92590
Subject: Proposal to Prepare Old Town Outdoor Dining Program Dear Matt:

Below is our revised scope of work to assist the City of Temecula with the Outdoor Dining Standards. This replaces the corresponding sections of our original Proposal.

Scope of Work

APPROACH
For ease of comparison, our scope of work and associated deliverables track the three overall tasks outlined in the Request for Proposal. We provide discussion and additional detail to these three tasks to elaborate upon our approach and to provide additional context as warranted. Please note that, as described below, the activities and deliverables between Task A and Task B intersect and interweave significantly.

TASK A. COMMUNITY OUTREACH AND SUPPORT
PlaceWorks will organize and facilitate the community outreach meetings.

April
We anticipate kickoff meetings to occur in late April. We propose to begin this process in a series of meetings with City staff, beginning with the Planning staff managing the project, then expanding to the larger City family, including Public Works, Police, Economic Development, and others. We intended to engage in a conversation that will establish the overall parameters or "guardrails" for the permanent outdoor dining program.

For example, we would like to know —from staff's point of view —what is working well about the existing temporary parklets versus what the City would like to see changed in a permanent program. Does the City have a preference for design guidelines based on performance standards (thus permitting a high degree of customization) or a kit -of -parts approach (with the potential for preapproved plans)? What level of staff support is the City willing to provide to the program to process applications and review plans? Though the Old Town business community is clearly an important stakeholder in this process, we recommend that we clearly understand what is possible and what is not possible from the City's perspective before engaging a wider audience. It will not serve the process well to discuss possibilities with the Old Town merchants that the City cannot support legally or technically. Two meetings with City staff should be adequate to engage these questions. We propose to hold the first meeting (with Planning staff) virtually, and the second meeting in person. We will use the second meeting date to also conduct our field surveys, with City staff joining us as staff schedules allow.

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PLACEWORKS
Concurrent with these meetings involving City staff, PlaceWorks will contact other relevant agencies listed in the RFP and as directed by staff (such as Eastern Municipal Water District) to ascertain any permitting or technical issues imposed by those agencies.

In the first month PlaceWorks economics team will also initiate a cost analysis to determine the value of parking spaces in Old Town. This analysis will be high-level comparative study, looking at parking costs in nearby downtown environments and the cost of building new parking in Old Town Temecula as two potential methods of establishing potential fees for the use of parking spaces on Main Street.

We also understand that the City desires to create a standing subcommittee made up of key Old Town policy makers and City Commissioners that will review and advise the team during its on -going work. We have budgeted for up to eight (virtual) meetings with this subcommittee. We expect that City staff will convene this subcommittee as needed.

Finally, we will also produce a survey to be distributed to Old Town property owners and merchants to solicit their opinions regarding both the current outdoor dining program and its possible extension.

May
The interrelated problems and decisions associated with creating an outdoor dining program will require a series of informed trade-offs. Deciding between design guidelines and a kit -of -parts approach —which may expediate approvals and potentially reduce fees but would lead to a homogenous appearance —is one of many issues that will need to be balanced by Old Town stakeholders. To explore these issues with interested members of the public, we will design, prepare, and facilitate three community workshops.

At the first community workshop, members of the public will be presented with the findings and parameters established during April. It will additionally be presented with a matrix of issue topics filled in with best practices from other communities. With this information, the workshop participants can make a recommendation to the design team about what choices appear to be correct for Temecula. At this meeting, the group can also review recommendations and make suggestions for the final brand name of the program.

June
At the second community workshop, the team will present a draft of the proposed permanent outdoor dining program. We will continue to review potential trade-offs and balance decisions, and the workshop participants will offer final recommendations.

July
A final community workshop will review the recommended outdoor dining program. At this stage, we anticipate having all significant issues resolved: kit -of -parts design standards versus guidelines, appropriate fees and permits, insurance and maintenance requirements, and the approval pathway in City Hall.

August
In the month of August we will work with City staff to coordinate final products and deliverables for the Planning Commission's review.

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PLACEWORKS
September
In September we will present the program to the Planning Commission for advisory review.

Fall
Final approval of the outdoor dining program will be granted by City Council at one of its Fall meetings. 2023
As an optional task, pending funding and sponsorship, a prototype parklet utilizing the new permanent program could be installed in following Council approval.

Deliverable(s):

Agendas for City staff workshops
Agendas and attendance at up to three Community Workshops Survey to be distributed to Old Town property owners and merchants Report on relevant regulatory and permit constraints to a permanent outdoor dining program, including City of Temecula Departments, Eastern Municipal Water District, and other utility providers Parking Cost Analysis
Matrix identifying design, permitting and policy issues, infilled with best practices for Southern California cities with similar parklet programs (i.e. Long Beach, Glendale, Los Angeles, San Diego) Eight presentations and virtual attendance with a Subcommittee Presentations and attendance at Planning Commission and City Council meetings TASK B. DESIGN STANDARDS DEVELOPMENT AND PLANNING PROCESS Studio One Eleven will lead the Design Standards Development Task and work collaboratively with PlaceWorks to engage the City in an early conversation about program goals and objectives. Together we will define the best tools and a format that can create a strong design framework for the OTOD program.

We will begin with a review of the Old Town Specific Plan, in particular focusing on the design guidelines for streetscape, sidewalk, urban landscape, and outdoor dining/sidewalk furnishings.

We will also conduct a site visit to review on -the -ground site conditions in Old Town and the existing parklets to establish opportunities and constraints. This will include conversations with City staff and the Working Group on the components of the temporary parklets they liked and would like to carry forward as part of the program.

Our research will include a review of local codes and agency requirements, including Community Development, Public Works, Building and Safety, and Fire Departments. Based on our research, we will list minimum site criteria for outdoor dining, including required ADA clearances and path of travel, buffers from vehicular travel lanes, intersection setback requirements, and minimum utility setbacks. These minimum site criteria for outdoor dining will be presented to the Working Group for feedback.

In addition to the functional criteria, we will create guidelines for the aesthetic and visual character of outdoor dining. Old Town has a strong architectural character and brand identity, and we will aim to propose design standards that respect and enhance the existing downtown environment.

Depending on the City's preferences, we envision formulating either a Design Standards document that outlines minimum design requirements and expectations for businesses applying for an OTOD Program permit or a March 11, 2022 1 Page 3

PLACEWORKS
Design Kit -of -Parts that can be preapproved to create great design consistency and speed of implementation through permit expediting. Both options will identify options for parklet dimensions, including extents and height, colors and materials palette, seating types (loose furnishings vs. built-ins), fencing and barriers, shade options, and lighting that can be selected or combined to create each outdoor dining space. If the City is interested in including tools for businesses to upgrade existing parklets, we will evaluate opportunities and provide recommendations for enhancing barriers, ADA access, street drainage, and other code requirements for the existing parklets to meet the OTOD guidelines.

Some of the factors that will inform the trade-offs between the two approaches are the time and costs involved in various types of materials and methods of permitting as well as the level of flexibility or control over the aesthetic quality desired by the City.

Studio One Eleven can develop visuals and drawings for one prototype parklet using the Design Guidelines/Kit- of-Parts. If feasible, it would be beneficial to have a prototype sponsored by a business and installed in Old Town as part of this project to showcase and test the OTOD Program requirements and pave the way for more outdoor dining.

Deliverable(s):

Minimum Functional Criteria for Outdoor Dining
Working Group Presentation Material for January and February Meetings Design Guidelines/Kit-of-Parts with Images, Diagrams and Text Parklet Prototype Drawings (Optional)
TASK C. PROJECT DESCRIPTION FOR SCOPE FOR CEQ A
The City has made a considerable investment in the Old Town Specific Plan (OTSP) and associated environmental impact report, with the latest revision completed by ESA and certified by the City in 2010 (SCH# 2009071049). Because the nature of the project furthers the pedestrian -oriented goal of the OTSP as evaluated in the EIR, the City has several streamlining actions that can be used.

Section 15183 of the California Environmental Quality Act guidelines mandates that "...projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." In this context, the proposed project is consistent with the goals of the OTSP and could be considered within the overall coverage of the 2010 EIR.

Section 15061(3), Common Sense Exemption. This exemption is for projects that can be "...seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Because the City has been implementing elements of the project for quite some time, the results of the implementation would serve as the substantial evidence in support of this exemption.

Section 15301, Class 1 Existing Facilities(c). This exemption allows for improvements to "...existing highways and (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of March 11, 2022 1 Page 4

PLACEWORKS
bicycle facilities, including but not limited to bicycle parking, bicycle -share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes)." As described, the proposed improvements further the pedestrian focus of the OTSP.

Addendum to the 2010 EIR. If the improvements or operations are within but slightly different than those evaluated in the 2010 EIR, an Addendum following Sections 15164 and 15162 could be prepared. The Addendum would evaluate whether any of the provisions in Section 15162 requiring a subsequent environmental analysis would apply.

Our first CEQA task will be to work with the City to ensure that the proposed project is consistent with the environmental evaluation for the OTSP and discuss the approach. Regardless of approach, PlaceWorks will prepare some brief text showing how the proposed project is consistent with the OTSP and EIR and provide an administrative draft for City review. Once the draft has been reviewed, the final version of the document will be made available for consideration along with the project. PlaceWorks will also assist in preparation of the environmental compliance portion of the staff report and be available to answer any environmental questions during public hearings.

Deliverables):

CEQA memorandum as deemed appropriate as described above

PRICING FORM (EXHIBIT A)

TASK / DELIVERABLE

PLACEWORKS

STUDIO ONE
ELEVEN
TOTAL
Project Management Meetings w/ City Staff
$ 6,510
$ 4,960
$ 11,470
Policy/Permit Research & Report
$ 14,600
$ 14,600
Parking Value Analysis
$7,500
$7,500
Stakeholder Survey
$ 6,920
$ 6,920
Community Workshops (up to three)
$ 7,260
$ 13,640
$ 20,900
Subcommittee Meetings (up to eight)
$ 4,840
$ 7,840
$ 12,680
Site Visits
$ 960
$ 2,280
$ 3,240
Design Guidelines/Kit-of-Parts Framework
$ 1,920
$ 26,800
$ 28,720
CECA Analysis (assumes an Addendum to OTSP EIR)
$ 9,530
$ 9,530
Public Hearings (assumes two)
$ 5,760
$ 4,000
$ 9,760
Parklet Prototype
$ 2,880
$ 6,120
$ 9,000
Reimbursables
$ 2,000
$ 2,000
$ 4,000
SubTotal
$ 70,680
$ 67,640
$ 138,320
10 % Contingency
$ 7,068
$ 6,764
i
$ 13,832
March 11, 2022 1 Page 5

Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: April 12, 2022
SUBJECT: Approve the First Amendment to the Agreement for Consultant Services with De Novo Planning Group for Additional Work Related to the Preparation of the 2021- 2029 Housing Element Update
PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Consultant Services with De Novo Planning Group in the amount of $7,500, for a total agreement amount of $87,887, for additional work related to the preparation of the 2021-2029 Housing Element Update.

BACKGROUND: The California Legislature has identified the attainment of a decent home and suitable living environment for every citizen as the State's major housing goal.

Recognizing the important role of local planning programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of the comprehensive General Plan. Section 65583 of the Government Code sets forth the specific components to be contained in a Housing Element. State law further requires Housing Elements to be updated at least every five to seven years to reflect the changing housing needs of a community. The City of Temecula's Housing Element was last updated and adopted in 2014 and covers through 2021. This Housing Element update is for the planning period of 2021-2029.

Staff is requesting to amend the agreement with De Novo Planning Group to complete the updated Housing Element. Since the original agreement, the State of California has passed numerous new housing laws (e.g., AB 686), and issued a significant amount of new guidance related to Housing Elements (e.g., Housing and Community Development's Fair Housing Guidebook, 2021) that have expanded the scope of work beyond what was identified in the original agreement. The expanded scope of work will increase the total cost of services from $80,377 to $87,877, a $7,500 increase.

FISCAL IMPACT: In 2017, then Governor Brown signed a 15-bill housing package aimed at addressing the state's housing shortage and high housing cost. Specifically, it included the Building Homes and Jobs Act (SB 2, 2017), which establishes a $75 recording fee on real estate to increase the supply of affordable homes in California. The purpose of SB 2 is to provide

funding and assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production.

On March 28, 2019, the Department of Housing and Community Development released the Notice of Funding Availability (NOFA) for approximately $123 million under the SB 2. Jurisdictions are eligible to participate in a non-competitive grant process for funds. Funds are determined by jurisdiction population. For a jurisdiction with a population of 60,000 to 200,000 residents, such as the City of Temecula, the maximum available funding is $310,000. The City anticipates using the awarded SB 2 funds to cover the additional costs of the 2021-2029 Housing Element. If the City does not receive enough SB 2 funding to cover the costs of the Housing Element, there are sufficient funds budgeted in budget line item 001.161.999.5248.

ATTACHMENTS: 1. Agreement with De Novo Planning Group

2. First Amendment to the Agreement with De Novo Planning Group

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND DE NOVO PLANNING GROUP
PREPARATION OF THE 2021-2029 HOUSING ELEMENT UPDATE
THIS AGREEMENT is made and effective as of June 25, 2019 between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and De Novo Planning Group, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on June 25, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 1, 2021, unless sooner terminated pursuant to the provisions of this Agreement.

SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed seventy three thousand and seventy dollars and no cents ($ 73,070.00), plus 10% Contingency of seven thousand three hundred and seven dollars and no cents ($7,307.00) for a total Agreement amount of eighty thousand three hundred and seventy-seven dollars and no cents ($ 80,377.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council.

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

S. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section,.the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

6. , DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with. the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultantfor any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be

maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

9. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while

performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: One Million ($1,000,000) per occurrence for. bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate.

C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.

4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date.
6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultantfor performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written 'authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

13. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main.Street
Temecula, CA 92590
To Consultant; De Novo Planning Group
Attn: Amanda Tropiano
180 East Main Street, Suite 108
Tustin, CA 92780

14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

15. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By: OA-/-- q]\_
Michael S. Naggar, Mayor
ATTEST:

By: - &�
Randi Johl, City Clerk
APPROVED AS TO FORM:

DE NOVO PLANNING GROUP
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf o1 the corporation.)
By:

Ben Ritchie, President
By:
4 21 &==—
Steve McMurtry, Chief Financial Officer
By: -
Pat r M. Thorson, City Attorney CONSULTANT
De Novo Planning Group
Attn: Amanda Tropiano
180 East Main Street, Suite 108
Tustin, CA 92780
(714) 453-7711
[email protected]

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this service include:

All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full.

Scope of Work
The Housing Element Update will be developed to meet the City's needs and changes instate law. This Scope of Work includes all tasks necessary to prepare the Update and process it through HCD.

TASK 1 KICKOFF MEETING AND PROJECT SCHEDULE
Within one week of receipt of Notice to Proceed from the City, the De Novo team will have a kickoff meeting with City Staff to discuss the following:
. City preferences, method of communication, responsibilities, deliverables, etc.; • Collection of background documents, including OIS data, . Finalization of project schedule with project milestones (this schedule will be revisited periodically as additional information is available, including the City's RHNA allocation); and
. Direction from the State regarding changes to housing law since issuance ofthe RFP (if any).

Deliverables:
. Meeting agenda and summary notes
Detailed project schedule including major milestones, meetings, and HCD and staffreview times TASK 2 STEERING COMMITTEE MEETINGS
De Novo will coordinate and facilitate a Steering Committee anticipated to be composed of key City of Temecula staff, including representatives from the City Manager's Office, Community Development, Economic Development, and Finance. This technical Steering Committee will meet four times and be responsible for reviewing and validating community feedback, providing direction regarding existing conditions, feedback on success of past programs, input on market potential and site selection (if needed), and review and comment ofthe Administrative Draft Housing Element.

Should the City wish to include outside representatives on the Steering Committee (non -Stab we can easily accommodate a change in composition with no change to schedule or budget. However, given the technical nature of Housing Elements we find that a Staff -level Steering Committee results in the most productive conversation with the understanding that we will engage the community through other avenues as described in Task 3.

Dellverables:
. Coordination and facilitation of four Steering Committee Meetings TASK 3 COMMUNITY ENGAGEMENT
Focused and meaningful community engagement is an important part ofthe Housing Element Update process. Government Code 65583(c)(7) requires: "The local government shall make a diligent effort to achieve public participation of all economic segments ofthe community in the development ofthe housing element, and the program shall describe this effort." Moreover, the topic of "housing" is one that impacts everyone

that lives or works in Temecula and the City must acknowledge the community's input and find creative ways to reflect the community's vision as it meets its housing obligations. To this end, we propose a strategic community engagement process that seeks to connect with the community early -on, maintain open lines of communication as draft documents are prepared, and reconnect during the public review process to the updated Housing Element. The key components of our community engagement program are described below.

Advertisements/Educational Materials
The City of Temecula has a strong existing online presence through a well -designed and intuitive City website and social media engagement program. We propose leveraging these existing platforms to get the word out about the Housing Element Update and engage the public.

We propose sharing project information on the City's existing Housing Element webpage (as opposed to a new stand-alone website separate from the City's own website). We also recommend posting Housing Element Update milestones on existing social media platforms, including the City's 54 NextDoor neighborhoods and Facebook pages for the City of Temecula and its Police Department. We will also advertise the project to key community stakeholders such as the Chamber of Commerce, Rotary Club, Temecula Unified School District, Assistance League, and local and regional fair housing providers (many of which were involved in the last Housing Element Update) to encourage their participation.

De Novo will prepare content for the City's website and the graphics and text for posting to existing City accounts and platforms. We assume that City Staff will post the material online and print and deliver hard copies as necessary (for example, if mailed letters on the City's letterhead need to be sent to select stakeholders). We will also prepare a project factsheel for posting online and to have available at future in -person activities.

Housing Workshop
To kick off the Housing Element Update De Novo will plan and host a Housing Workshop for the public. All members of the community and key stakeholders will be invited. The Workshop is envisioned to include a brief presentation followed by a series of engaging activities designed to understand the community's key housing priorities. Activities could include mapping exercises, visual preference surveys, special needs issues, and the City's long-term vision for housing growth and development. We anticipate that the activities we work on with the community will be based on our review of existing conditions and site inventory; ifthe City's existing surplus sites are sufficient to meet the City's demand, we can shift our focus away from site selection/mappingto other locally important issues. For this reason, we would recommend that the Mousing Workshop only occur once the City has reviewed and received its committed RHNA allocation.

Online Survey
We will create two online surveys over the course of the project to allow the community an opportunity to provide feedback on housing priorities.

The fast survey will be posted early -on in the process and he focused on priorities, values, and goals regarding housing in Temecula. The second survey will be posted later in the process once there are 1) site identified and 2) goals, policies, and programs to support the City's housing objectives.

Commmtity Open House
Upon completion of the Public Draft Housing Element, we will host a Community Open House with stations for residents to visit to learn more about the Housing Element and the City's housing plans and programs. At this time the public can provide comments on the Public Draft which will be summarized and shared with the Planning Commission and Council during their deliberations.

Deliverables:
• Content for website and online engagement; Project factsheet; preparation and facilitation for one Housing Workshop and one Community Open House; two online surveys; public engagement summary report for Planning Commission and City Council consideration TASK 4 TECHNICAL ASSISTANCE WITH- AND APPEAL OF THE CITY'S RHNA The City anticipates the need to negotiate with WRCOG and SCAG regarding the City's RHNA allocation and it expects to likely appeal its allocation. We are prepared and able to assist with this effort as necessary. In order to prepare for this discussion, we will work to understand

existing conditions and capacity through an early update ofthe City's inventory of potential sites. Through this analysis, we will identify barriers to accommodate the City's allocation and begin to prepare a response to the City's forthcoming allocation. We will also review the allocation methodology for flaws that have under -allocated to other regional jurisdictions (social equity, high quality transit areas, etc.).

Deliverables:
■ Assistance with and appeal ofthe City's RHNA, including letters of appeal for delivery to WRCOG and/or SCAG TASK 5 ADMINISTRATIVE DRAFT HOUSING ELEMENT
Do Novo is committed to providing the City with a useful and understandable Housing Element Update that embodies the goals and priorities ofthe City and is consistent with state requirements (GC Section 65583[a]). Preparation ofthe Housing Element will include but not be limited to the following sections.

Introduction
The Housing Element will include an introductory chapter that provides an overview ofthe Housing Element update process, housing issues facing Temecula, the City's housing needs, available sites and resources, and the goals ofthe Housing Element.

Existing Conditions and Needs Analysis
Do Novo will review and evaluate the current Housing Element, General Plan, and other supporting materials and provide additional information, including suggested modifications to policies as necessary. Based on the cffectivcncss ofthe existing document, input received during the steering committee meetings, and communication with City staff, we will identify policies and programs that should be retained as well as those that should be revised or replaced. This section will include a narrative that discusses the: (1) actual results oftbe current Element compared to its goals, policies, and implementation measures; and (2) significant differences between objectives and actual achievements.

We will also complete a review ofthe City's Local Hazard Mitigation Plan and Safety Element for consistency with SB 379. Based on an initial review we expect that the LHMP addresses the requirements of SB 379 and that the Safety Element will need to be updated to reference the LHMP and its key findings, objectives, and policy direction. As a result, as part ofthis Task, we will identify the specific sections ofthe Safety Element which must be updated to reflect the LHMP and comply with SB 379_ We do not anticipate that new technical analysis of climate change or resiliency planning will be necessary.

Regional Housing Needs Assessment (RHNA)
The Housing Element will identify available resources, including land, funding, and housing programs, available to meet the City's housing needs. Constraints to meeting housing needs, including governmental constraints (land use controls, parking standards, etc.) and non- governmental constraints (environmental, availability of financing, etc.), will be described. De Novo will develop a program to reduce constraints, where appropriate and feasible. We understand that the City has a detailed parcel -level database of existing conditions in GIS and will share this inventory with the selected consultant to facilitate an evaluation of current conditions.

As part ofthe City's past Housing Element Update effort in 2013/2014, the City undertook a robust analysis of existing conditions and prepared a comprehensive inventory of vacant residential development potential to accommodate the shortfall from Cycle 4, the RHNA from Cycle 5, and prepare the City for Cycle 6 by identifying a surplus of sites (translating to approximately 5,800 units). Given that the City's past two RHNA allocations were between 1,300 and 1,500 units, we might expect that even if the City receives a larger allocation than normal, it may easily be accommodated within the surplus sites identified in Cycle 5. However, the vast majority (over 95010) of these surplus units were identified for moderate or above moderate incomes. So while it may be possible that on the surface the City could expect to accommodate their RHNA within the surplus sites, the income levels may need to be revisited to ensure that the specifications of the City's RHNA allocation are adequately addressed at the appropriate income levels.

This section will meet the requirements of Government Code Section 65583(ax3,4,5,6,8,9) and will include the following required topics:

• Inventory of sites suitable for residential development • Financial and other resources
• Residential energy conservation
• Fair housing assessment
• Governmental constraints
• Non -governmental constraints
Assessment of Housing Needs
To prepare a meaningful Housing Element, existing conditions must be understood and documented. De Novo will assess the housing needs of the City's population based onthe characteristics of the City's population and its existing housing inventory. The needs assessment will meet the requirements of Government Code Section 65583(a)(1,2,7) and will be based on available data, including the US Census, Department of Finance estimates, Employment Development Department data, Department of Developmental Services data, and Point in Time reports. This work effort will include the following:
• Existing housing conditions
• At -risk housing
• Population, household, housing, and employment characteristics • Special needs groups
• Regional housing needs
Goals, Objectives, and Implementation Plan
De Novo will present goals, objectives, policies, and implementation measures to address identified housing needs and constraints, consistent with the requirements of Government Code Section 65583(b,c). The approach to meeting housing needs will be developed to address the City's housing needs while considering: 1) remaining relevant to a mostly built -out community, 2) protecting important resources, including historic resources, habitat and water supply, and 3) promoting sustainability and walkability. The implementation plan will identify sustainable housing policies and programs, based on City staff, public and stakeholder input, City guidance, and the needs identified in the needs and constraints analysis. De Novo will hold a workshop with City staff to discuss the proposed revisions to the City's existing goals, policies, and programs, and De Novo will also present for discussion additional policies and strategies that fit the unique needs and character of Temecula.

Implementation measures will address both short-term and long-range strategies and may include development controls, regulatory incentives, constraint -removal programs, fair housing programs, and sources of affordable housing funding. The implementation measures will identify parties responsible for implementation, a timeframe for implementation, and funding sources. Where appropriate, phasing and financing options will be identified. Implementation measures will reflect recent legislation, and will address the following issues at a minimum:
• Conserve and Improve Existing Housing Stock
• Promote Housing Opportunities for All Persons in the City, including provision of adequate sites to accommodate the Regional Housing Needs Allocation, development of housing to meet the needs of lower- and moderate -income households, and affirmatively furthering fair housing
• Address Housing Needs of Special Needs Populations
• Preserve Assisted Housing
• Regional Housing Needs Determination and Five -Year Quantified Objectives • General Plan and Zoning Consistency

. Sustainability and Efficiency, including energy efficiency, green building practices, progressive energy and water conservation approaches, and requirements of AB 32
. Removal ofConstraints (where appropriate and feasible) We will review proposed policies and implementation measures for internal consistency with all elements ofthe City's General Plan and identify any necessary amendments to other General Plan elements in order to create consistency with the updated Housing Element. The budget for this task also assumes minor edits to the Safety Elementio incorporate the City's LHMP (no new technical analysis). De Novo is prepared to amend additional elements ofthe City's General Plan (if necessary) as part ofthe proposed project contingency budget.

Deliverables:

One (1) reproducible copy and one (1) electronic copy in Word and PDF ofthe Administrative Draft Housing Element and Safety Element (and Land Use Element or other General Plan Elements, as applicable and authorized by Staff through the contingency budget) TASK 6 PUBLIC DRAFT HOUSING ELEMENT
We will incorporate the City's comments on the Administrative Draft Housing Element and create a Public Draft Housing Element for public review and the statutory 60-day HCD review period.

Per the RFP, we understand that City Staff will facilitate distribution to HCD, the City Council, and the Planning Commission for review and comment. We expect that Do Novo and City Staff will work collaboratively to facilitate review by the public, as described in Task 3.

Deliverables:

Thirty (30) bound copies and one (1) electronic copy in Word and PDF ofthe Public Draft Housing Element (and Land Use Element or other General Plan Elements, as applicable and authorized by Staffthrough the contingency budget) TASK 7 HCD COORDINATION
De Novo will coordinate closely with HCD in order to receive a letter indicating that the updated Housing Element complies with State law.

Our approach to working with HCD is to be very responsive to HCD's preliminary comments and requests. HCD typically schedules a conference call with the consultant and City staff to identify concems with the Housing Element prior to issuing its formal comment letter.

We have found that by attending these meetings in person at HCD's offices (attended by staff in our Sacramento area office) and discussing potential revisions during the meeting, multiple issues can be resolved and better direction is received from HCD. Following these meetings, De Novo will immediately prepare revised text for City and HCD staff to review and consider before the formal letter goes out. In this manner, we work to resolve issues during the review period in order to reduce the number of formal comments received from HCD.

Upon receipt of HCD's formal comments, we will prepare proposed revisions and provide them to City staff for review. Tbroughout this task, De Novo will be available for in -person meetings with HCD staff at HCD's offices in Sacramento. Once HCD indicates that their concerns are addressed, we will prepare a Revised Draft Housing Element for formal submission to HCD and, withtheir approval, the Housing Element will be ready for adoption.

Deliverables:
. Ongoing coordination with HCD to receive Housing Element certification TASK 8 ENVIRONMENTAL DOCUMENTS
At this time, without knowing the City's RHNA allocation and the City's ability to accommodate its RHNA within the surplus sites previously analyzed in the current Housing Element/other planning documents (General Plan, Specific Plans, etc.), we must make assumptions regarding the expected environmental documents that will need to be prepared for this project. After reviewing the City's past RHNA assignments, the City's prior analysis of surplus sites, and the Negative Declaration process used for the 2013 Housing Element, we believe that (either initially or

through appeal/negotiation) the City will be able to accommodate its RHNA within sites already designed and planned for residential development and, accordingly, sites which have already been analyzed for such use.

Based on this assumption, De Novo will prepare the necessary CEQA documentation (expected to be either a Negative Declaration or a Finding that the Housing Element falls within the parameters of the previously adopted program -level CEQA documents). This does not include technical studies specific to the Housing Element to support the environmental document, which would not be necessary unless the City identified new locations for housing development, not previously considered and analyzed We anticipate that a memo will be prepared for the Housing Element Update that describes the characteristics of the project and the consistency of the project with the General Plan Program EIR. We will prepare a memo documenting the project's coverage underthe Program EIR as allowed for by CEQA Guidelines Section 15168(c), which identifies the standards for use of a Program EIR with later activities.

De Novo Planning Group is a full -service planning firm with in-house CEQA experience and capabilities. Should additional analysis or CEQA documents be required, such as an Initial Study/Mitigated Negative Declaration and technical studies, De Novo would be happy to work with the City to amend the scope of services to include this work at a very competitive rate and expedited timeline. As previously described, we have tried to anticipate the City's needs to the best of our ability based on available information but should we need to proceed on a different course we are ready and able to assist with that effort.

Deliverables:
• Negative Declaration or Memorandum demonstrating coverage per CEQA Guidelines Section 15168(c); coordination with Tribes per the requirements of SB 18 and AB 52 as needed
TASK 9 STUDY SESSION AND PUBLIC HEARINGS
De Novo's Principal and/or Principal Planner will facilitate a study session with the City Council as we prepare the Administrative Draft Housing Element. We will facilitate four public hearings related to the Housing Element Update (two with Planning Commission and two with City Council).

Deliverables:

One Study Session with Council, Two Hearings with Planning Commission, and Two Hearings with City Council, including all meeting materials, large -format exhibits, presentation materials, and summary reports; attendance by both Co -Project Managers TASK 10FINAL HOUSING ELEMENT
De Novo will incorporate City and HCD comments into a Final Housing Element. The Final Housing Element will be considered by Planning Commission and City Council. During this process, De Novo will prepare revisions to the Final Housing Element as necessary to address comments from decision -makers. As part of this task, De Novo will also prepare the Final copy of any other Elements which were updated as part of this project, as necessary and completed through the contingency budget Following City Council adoption, the Housing Element will be submitted to HCD for certification.

Deliverables:
• Ten (10) bound copies and one (1) electronic copy in Word and PDF of the Final Housing Element (and Land Use Element or other General Plan Elements, as applicable and authorized by Staff through the contingency budget)

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $80,377.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
1• 1
7 •FI t
Project Schedule 60117010 9MI2021
[ 'O'n'; 3tt%Yr3R1 ...>.._ ..... _ IL5�rt G_1?D19 Y•- :J1412019_.I l�-.-_^=nr .v�anC+�l>--�•xi N4•.[.w �un•••••Y •.
�Taxt.I:watt wEtingandFtojeatsdwdlds = 81L2019 r613D12i119 ! Tasl2:51eatagCtxntnluea'r10l112
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15! Shsg%1:PriailFeslRefawaiRl{!}Il »• x1N1am � 1014witil xNxtting4_+.Program Ewluatian� y 17L2 9 }.3iR030 '
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SecandSr�enritectAdminDraR SteerngCannisteYReuPew.��p.�1111WO20 1113=020 ; Task 6: Publ"a Draft Rwi Sv 11130h_7?D i W1�021
lcb •- :....:_.._,::, _�:..: ,.,• ::-.:.:,.:, _. �. ,_ :,.:a....:... ., .T ,.,•ice,. .. _n•.xv:. jj Puhl-n Draft -Consultant 1 11130r'2020 1. 11 M-0
EE Publb Drab - Planning 513st P.er v C 121152026 12MCO2Da FvWPtDraft-Cansu:tant Y 12130�?02D ; 1l13r'2021 yM
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~Task 10: FmJ Houscg FJ rnent w �i 1612D21 • SFlbr2021 i ScreencheckFmJHous' Element-Consultantu� �-. 21I6Y02I 41for302F ��� Scr�ncheckF:+slHausitgFJamzn}-5cr.'fRe+M_r+��r.� k �/f0.'2D'_l^. �ar30.2DdL F »» FkWHcushgSswrdPradutEal � _ .y 81t1 tT{ 2fda262%

r
fASICACTIVITY
PrtnctpsU
Prfnti' IPtarsner
Aa. ,
- Sensor
PtennerAEeT ner
Associ�te7''
'4usfCantPlpn.ner
TOTAL$
DIreitCoats

ACTIVITY
Prirtlogam
M*r�,
TQFAL$
Ta7�X8
3135 .:-
Imo._
.$1i?5
1rx�s"
Fog
Task t Kkl-off Moofing ami Prejcd 5clwddo
8 $two
0 50
0 SO
8 $I'M
So
Task 2: S:earir>g Ct mAlee Rl:.etd�p3
24 S3.249
14 Sj,W
0 $0
40 5s.a7.0
$20
'; <. ":15.in
Task 3:CoovmwyEr demp't
22 S2.970
32 $3.360
44 S3.7.10
98 $10.070
$560
-il'w0
Task4: Tmhriml Assd micAppoaI a1 RHNA
40 $5.400
24 $2.520
12 S1,020
76 $8.940
$0
$8,`.f•t0
Tasks:,A�amialsuaGtroDraft M Elenwnt
60 S8.100
28 $2.94
116
$9,8d7
204
$2000
S1oo
fask6. Pubic On, R HomSkg Ele n it
24 n240
16 SI,680
2e
$2,380
69 $T,340
$2,800
' ,`.5112 f0U
Cask7:NCL1Coafcfrnlia►
28 $3,780
0 $0
0 $0
28 $3.703
$0'.::'".'.-$5,7811
Task6: Grrsamwntal Do mz
4 $5:0
0 $0
01 $a
4 W.0
$0
: • :.; ..45;0
fask9: S:utj S•:asion and Pula%Hearings
40 $5,400
8 $630
0 $01
46 $6,030
$260
T.; 64,M
fask 10: Final Housing Eternent
24 S32410
8 5840
8 5630
40 $4.760
S90
Subtotals
2m
35s'"o
130
S13,u30
208
$17,690
612
$668,320
53,T50
.,-:' 573,070
p. �/.�.}_r;r. p+ti...xN• ,r- r ° ..x r. a:.., r ry' •;. ;;1:.. f' .n lj,
:�+'•1 'x? { �. •.iii�-n','•`�'s-',L�-?5`.: �'4 �'r- - 'ti:.,3.{l;�,•,e ]"�+'}-,,. Fh�:::-,: •.. ',j ••: }� •. x�.er��:
v ;�..r �:.C-.:�$:` .ir.+eY', �S� .'d:•.. -.iYiF4.: v!. Y+: -..1'. :Y - cco, �sG ag $7.307
As $pecjAedm oW p%xW 1W C010gs14y bu+ig , Wusi for uron!fo9o'ad W0%'4s t0 elhgre as is eMe Gens`,im! Plan (i.e.. toed Use orh4b7y1 or &w tabled tasks asmmdod by QC Staffamd awr.,Vmcpss;gy t aedorto tuooiW 14Cd C9 6ctuw of tloL CWs Massing Elsax .

FIRST AMENDMENT TO AGREEMENT BETWEEN

CITY OF TEMECULA AND DE NOVO PLANNING GROUP
PREPARATION OF THE 2021-2029 HOUSING ELEMENT UPDATE
THIS FIRST AMENDMENT is made and entered into as of April 12, 2022, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and De Novo Planning Group, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On June 25, 2019, the City and Contractor entered into that certain Agreement entitled, "Agreement for Preparation of the 2021-2029 Housing Element Update," in the amount of $73,070.00, plus contingency in the amount of $7,307.00. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2023, and increase the payment in the amount of $7,500.00.

2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:

This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void.

The First Amendment amount shall not exceed seventy-five hundred dollars and zero centers ($7,500.00), for additional work related to the 2021-2029 Housing Element for a total Agreement amount of eighty-seven thousand eight hundred seventy-seven dollars and zero cents ($87,877.00).

4. The "Payment Rates and Schedule" and "Consultant's Proposal" as set forth in Exhibit B of the Agreement shall be revised in its entirety to include the revised "Payment Rates and Schedule" and "Consultant's Proposal", as more fully described in Attachment "A", attached to this First Amendment and incorporated herein by reference

5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA De Novo Planning Group
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: By:

Matt Rahn, Mayor Ben Ritchie, President
ATTEST:

By: By: Xit_ J i . b
Randi Johl, City Clerk Steve McMurtry, Chief Financial Officer APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney CONTRACTOR
De Novo Plannina Grou
Attn: Amanda Tropiano
180 East Main Street, Suite 108
Tustin, CA 92780
714-453-7711
[email protected]
City Purchasing Mgr.

Initials and
Date: 9u(tv
08/09/2021

ATTACHMENT A

EXHIBIT B
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $87,877.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
08/09/2021

De Novo Planning Group
■■MM■
A Land Use Planning, Design, and Environmental Firm
February 16, 2022
Brandon Rabidou
Senior Management Analyst
City of Temecula
(951) 506-5142
bra ndon.rabidou(@TemeculaCA.eov
SUBJECT: Revisions to the Scope of Work and Budget for the Housing and Safety Element Update Dear Mr. Rabidou:

This letter is intended to serve as a summary of additional work completed as part of the City's Housing and Safety Element Update project. The Safety Element Update was adopted by the City Council in October 2021 and the Housing Element Update adopted first by the City Council in October 2021 and an update adopted in February 2022.

Summary of Request
As the City is aware, the 6t" Cycle Housing Element Update process presented unique and unforeseen challenges in both preparing a draft Housing Element for review by the California Department of Housing and Community Development (HCD) and responding to comments received by the State on the draft Housing Element. In particular, the State's requirements related to fair housing analysis evolved significantly from the initial adoption of AB 686 in 2018 to issuing HCD's Fair Housing Guidebook in 2021, requiring a substantial amount of additional analysis, research, reporting, and programmatic solutions.

In addition, in order to meet State timelines for review and adoption of the Housing Element, two rounds of Administrative Draft, Screencheck Draft, Public Review Draft, and Final Draft Housing Element documents were prepared and circulated (first in the Fall of 2021 and again in early 2022). This process resulted in additional rounds of review unexpected as part of the original work effort.

De Novo Planning Group thoroughly enjoyed working with the City on this important project and is proud of the work completed in order to best -position the City to receive Housing Element certification.

This process has been professionally and personally rewarding and we appreciate the opportunity submit to you a modest budget amendment to cover the costs associated with preparing the Final Housing Element for adoption and submission to HCD.

DE NOVO PLANNING GROUP
180 E Main Street #108, Tustin, CA 92780
[email protected] 1 (714) 453-7711

De Novo Planning Group
■■M■■
A Land Use Planning, Design, and Environmental Firm
Requested Budget Augment
Original Budget
Augment Request
Total Requested Budget
Task 1: Kick-off Meeting and Project Schedule
$
1,080
$
$ 1,080
Task 2: Steering Committee Meetings
$
5,120
$
$ 5,120
Task 3: Community Engagement
$
10,570
$
$ 10,570
Task 4: Technical Assistance/Appeal of RHNA
$
8,940
$
$ 8,940
Task 5: Administrative Draft Housing Element
$
21,000
$ 1,500
$ 22,500
Task 6: Public Draft Housing Element
$
10,100
$ 2,500
$ 12,600
Task 7: HCD Coordination
$
3,780
$ -
$ 3,780
Task 8: Environmental Documents
$
7,847
$
$ 7,847
Task 9: Study Session and Public Hearings
$
6,280
$ -
$ 6,280
Task 10: Final Housing Element
$
5,660
$ 3,500
$ 9,160
Total
$
80,377
$ 7,500
$ 87,877
The total additional budget required to cover the cost associated with additional work completed is $7,500. This budget change would increase our total approved project budget from $80,377 to $87,877.

If you have any questions, or if you need any additional information, please do not hesitate to contact me.

Sincerely,

DE NOVO PLANNING GROUP
Amanda Tropiano, Principal

AUTHORIZATION
This amendment authorizes an increase in the Total Contract Value for the Housing and Safety element Update to an amount not to exceed $87,877.

Approved by:

CITY OF TEMECULA
By
Title
Date

DE NOVO PLANNING GROUP
180 E Main Street #108, Tustin, CA 92780
[email protected] 1 (714) 453-7711

Item No. 13

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: April 12, 2022
SUBJECT: Approve First Amendment to Agreement with Kris R. Winchak dba KRW & Associates for Engineering Plan Check, Map and Legal Description Review PREPARED BY: Julie Tarrant, Principal Management Analyst Anissa Sharp, Office Specialist II
RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Kris R. Winchak dba KRW & Associates for Engineering Plan Check, Map and Legal Description Review, to extend the term of the agreement to June 30, 2023, and increase payment in the amount of $100,000.

BACKGROUND: On July 1, 2021, the City entered into an agreement with Kris R.

Winchak, dba KRW & Associates to provide engineering plan check, map and legal description review services for FY2021-22, in the amount of $60,000.

KRW & Associates provides professional engineering services for plan check, and review of final maps and legal descriptions for the Land Development Division within the Public Works Department in support of new and various ongoing private development projects. The First Amendment will extend the term of the agreement to June 30, 2023, and increase the payment in the amount of $100,000, for a total agreement amount of $160,000. KRW & Associates has provided the city with exceptional professional services for the number of years and this Amendment will allow for the continued plan check services needed to support the completion of an array of development projects within the city.

FISCAL IMPACT: Adequate funds are available in the Department of Public Works, Annual Operating Budget for the current FY2021-22, and will be requested as part of the Annual Operating Budget for FY2022-23.

ATTACHMENTS: First Amendment

FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND KRIS R. WINCHAK dba KRW & ASSOCIATES

ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW THIS FIRST AMENDMENT is made and entered into as of April 12, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Kris R.

Winchak, dba KRW & Associates, a Sole Proprietor (hereinafter referred to as "Consultant").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This Amendment is made with the respect to the following facts and purposes:

A. On July 1, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," in the amount of $60,000.00.
b. The parties now desire to extend the term of the agreement to June 30, 2023, increase the payment in the amount of $100,000.00, and to amend the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows - "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2023 unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for a total Agreement amount of One Hundred Sixty Thousand Dollars and Zero Cents ($160,000.00).

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
Matt Rahn, Mayor
ATTEST:

By:

Rand! Johl, City Clerk
APPROVED AS TO FORM:

KRIS R. WINCHAK dba KRW &

ASSOCIATES
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
By:

Kris R. Winchak, Owner & Sole
Proprietor
By:

Peter M. Thorson, City Attorney CONSULTANT
KRIS R. WINCHAK dba KRW &

ASSOCIATES
Kris R. Winchak
3333 Suzie Lane
Lake Havasu AZ 86404
(909) 262-7009
kwinchak@_verizon.net
City Purchasing Mgr.

Initials arid ate:

Zit lm-
2 08/09/2021

Item No. 14

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022
SUBJECT: Approve First Amendment to Agreement for Consultant Services for Engineering, Survey and Environmental Services with David Evans and Associates, Inc.

PREPARED BY: Julie Tarrant, Principal Management Analyst Jenny McConville, Administrative Assistant
RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Consultant Services for Engineering, Survey and Environmental Services with David Evans and Associates, Inc., for a total agreement amount of $1,000,000, for the total term of the agreement.

BACKGROUND: On July 23, 2019, the City Council approved the Agreement for Consultant Services for Engineering, Survey and Environmental Services with David Evans and Associates, Inc. The Agreement is for professional services for engineering, survey and environmental, for a period of five years covering Fiscal Years 2020-2024, for a total amount not to exceed $200,000 each fiscal year, for a total agreement amount of $1,000,000.

David Evans and Associates has provided exceptional engineering services and is currently working on a variety of CIP projects for the Public Works Department. As a result, we have nearly exceeded the total amount of $200,000 for FY2021 /22, and therefore need to amend the agreement to exclude the annual fixed amount of $200,000 per fiscal year to avoid delays to ongoing projects.

The First Amendment will amend the payment to a total Agreement amount of $1,000,000 for the total term of the Agreement. The original term of the Agreement will remain unchanged and will be in effect through June 30, 2024, unless further amended in the future. David Evans and Associates, Inc. has provided an updated Schedule of Hourly Billing Rates for the forthcoming FY2022/23, included as part of this Amendment.

FISCAL IMPACT: Adequate funds are made available in the Capital Improvement Program (CIP) for Fiscal Years 2022-2026, and annual services are funded by the various funding sources approved for each project.

ATTACHMENTS: First Amendment

FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC.

ENGINEERING, SURVEY, AND ENVIRONMENTAL SERVICES
THIS FIRST AMENDMENT is made and entered into as of April 12, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and David Evans and Associates, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On July 23, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering, Survey, and Environmental Services, in the amount of $200,000.00 each fiscal year, for a total Agreement amount of $1,000,000.00. b. The parties now desire to amend the Agreement as set forth in this Amendment.

2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement.

3. The "Schedule of Hourly Billing Rates" as set forth in Exhibit B of the Agreement shall be amended to include the revised "Schedule of Hourly Billing Rates", as more fully described in Attachment 1", attached to this First Amendment and incorporated herein by reference.

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
David Evans and Associates, Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By•�,,_
Gavin Powell, Project ManagerlAssociate
By: M P I
Mark Min , Vice President

CONSULTANT
❑avid Evans and Associates, Inc.

Attn: Gavin Powell, P.E., LEED AP
41951 Reminaton Avenue, Suite 220
Temecula, CA 92590
(951) 294-9346
[email protected]
City Purchasing Mgr.

Initials and
Date:
08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA David Evans and Associates, Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: By:

Matt Rahn, Mayor Gavin Powell, Project Manager/Associate ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
By:

Mark Miner, Vice President

CONSULTANT
David Evans and Associates, Inc.

Attn: Gavin Powell, P.E., LEED AP
41951 Remington Avenue, Suite 220
Temecula, CA 92590
(951) 294-9346
[email protected]
2 City Purchasing Mgr.

Initials and
Date: � 3/22/2022
08/09/2021

WAttachment "I"

DAVID EVANS
awoASSOCIATES INC.

Schedule of Hourly Billing Rates
Rates Effective through February 28, 2023
Principal -in -Charge
$250.00
Survey Manager
$2S0.00
Senior Project Manager / Senior Survey Project Manager
$230.00
Project Manager / Survey Project Manager
$210.00
Senior Project Engineer (Civil or Transportation)
$205.00
Project Engineer (Civil or Transportation)
$185.00
Senior Project Engineer (Structural)
$245.00
Project Engineer (Structural)
$215.00
Senior Design Engineer
$155.00
Design Engineer
$135.00
Junior Engineer (Civil or Transportation)
$125.00
Junior Engineer (Structural)
$150.00
Senior Landscape Architect
$185.00
Landscape Architect
$175.00
Irrigation Specialist
$1S0.00
Senior Landscape Designer
$145.00
Landscape Designer
$120.00
Senior Project Surveyor
$190.00
Project Surveyor / Senior Survey Analyst
$170.00
Survey Analyst / Senior Survey Technician
$160.00
Survey CADD / Survey Technician
$130.00
Senior Professional Planner
$180.00
Professional Planner
$160.00
Junior Planner
$135.00
CADD Designer
$120.00
CADD Drafter
$110.00
Project Assistant / Project Coordinator
$115.00
Administrative / Clerical
$105.00
Note: -Authorized overtime will be charged at 1.5 times the above - Not all labor classifications are shown.
1 of 2

WAttachment "I"

DAVID EVANS
awoASSOCIATES INC.
1-Person Survey Crew
2-Person Survey Crew
Note: There is a 4-, 6- and 8-hour minimum charge for field survey work. $185.00
$325.00
David Evans and Associates, Inc. is a signatory to the International Union Operating Engineers (IUOE) Local 12.

Field surveyors are therefore paid prevailing wage rates for all work performed. - Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. - Mileage will be charged at the current IRS rate.
- 3D Laser Scanner equipment is not included in our overhead rate and will be invoiced at an additional separate daily rate.
*rates subject to annual increase estimated at 3-5% escalation. 2 of 2

Item No. 15

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022
SUBJECT: Appropriate Additional Funds and Increase Contingency Authorization for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04
PREPARED BY: Avlin Odviar, Senior Civil Engineer
Nino Abad, Associate Civil Engineer
RECOMMENDATION: That the City Council:

1. Approve an appropriation in the amount of $885,000 from Measure S for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and

2. Approve an increase to the contingency for construction of the Project by $600,000; and

3. Increase the City Manager Authority to approve construction contract change orders by $600,000.

BACKGROUND: The Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, Project PW08-04 (Project), is a Capital Improvement Project currently under construction. It includes approximately one (1) mile of asphalt pedestrian and bicycle trail mainly along the southern bank of the Creek between Ynez Road and Winchester Road. Construction primarily consists of improvements to existing Riverside County Flood Control and Water Conservation District maintenance roads with new undercrossing and retaining walls at Ynez Road, Interstate 15, and Jefferson Avenue.

On March 23, 2021, the City Council awarded the construction contract to Leonida Builders, Inc. in the amount of $3,978,626.25, and authorized the City Manager to approve contract change orders up to $397,862.63, for the Project.

During the course of construction there have been a variety of unforeseen conditions including COVID-related delays, mitigation of nesting birds, prior improvements within the channel not documented on existing record data, weather related events, and other circumstances that have

increased the cost of construction and delayed completion of the project. These items have nearly depleted the authorized contingency amount of $397,862.63.

Staff recommends an additional allocation of $885,000.00 from Measure S to the project account and to increase the City Manager's authorized contingency amount by $600,000.00 for a total authorized contingency of $997,862.63. It is anticipated that these funds will be needed to complete the construction of the project. The remaining $285,000.00 of additional fund allocation is for increases to construction management, inspection, and other oversight costs.

FISCAL IMPACT: The Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-26 with funds including Assembly Bill 2766, BTA- Bicycle Transportation, DIF (Open Space & Trails), General Fund, Measure S, and Senate Bill 1 ATP Augmentation. With the appropriation of the additional $885,000 from Measure S, there will be sufficient funds to complete the project. The additional appropriation coupled with the increase of the contingency and City Manager authority to approve construction contract change orders, will enable staff to complete the project.

ATTACHMENTS: 1. Project Description

2. Project Location Map

f
Adk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program

SANTA GERTRUDIS CREEK PEDESTRIAN/BICYCLE TRAIL EXTENSION Infrastructure Project
Project Description: This project includes the design, environmental, and construction of the extension and interconnect of the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail from Ynez Road to the Murrieta Creek Multi -Purpose Trail. The extension and interconnect will provide access and under -crossings at Ynez Road, Interstate15 and Jefferson Avenue, and a continuous paved trail along the Santa Gertrudis Creek to interconnect with the Murrieta Creek Multi -Purpose Trail.

Benefit: The project provides additional pedestrian and bicycle trails for the community.

Core Value: Transportation Mobility and Connectivity
Project Status: The design and environmental document is complete.

Construction will start in April 2021 and is expected to be completed by late fall 2021.

Department: Public Works - Account No. 210.265.999.739 / PW08-04 Level: I
Project Cost:

Prior Years
Actuals
2021-22
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
277,721
340,266
617,987
Construction
4,377,043
4,377,043
Construction Engineering
495,600
495,600
Design & Environmental
598,840
153,272
752,112
MSHCP
15,749
30,104
45,853
Total Expenditures
892,310
5,396,285 -
6,288,595
Source of Funds:

Assembly Bill 2766
58,683
58,683
BTA - Bicycle Transportation
223,311
223,311
Account
DIF-Open Space & Trails
389,073
389,073
General Fund
78,920
78,920
Measure S
821,899
957,709
1,779,608
Senate Bill 1
3,759,000
3,759,000
Total Funding
1,571,886
4,716,709
6,288,595
Future Operating & Maintenance Costs:

Total Operating Costs
137

i Temecula - Santa rr i r Trail
/ � City of Te ecu a to Ge t ud s Creek T a
The map SantaGertrudisCreekll.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 ,I map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 400 800 Feet
I I I
Updated 12/3/2019

Item No. 16

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022
SUBJECT: Approve an Appropriation and Award a Construction Contract to IE General Engineering Inc. for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03
PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve an appropriation of $290,000 from Measure S to the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03; and

2. Award a construction contract to IE General Engineering Inc. in the amount of $311,496 for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03; and

3. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $31,149.60; and

4. Make a finding that the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.

BACKGROUND: On April 13, 2021, City Council approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03.

The Ronald Reagan Sports Park Restroom Expansion and Renovation project provides for the design, fabrication, delivery and installation of a prefabricated restroom building to replace the existing facility. The project includes demolition of the existing facility and surrounding sidewalks and replacement with a pre -fabricated building having eight unisex single stall restrooms, concession facility, and storage area. Work also includes rerouting and upgrading utilities, site grading, parking lot reconfiguration and restriping, concrete work, installation of ADA pedestrian access ramps, landscaping, irrigation, and relocation of existing flagpole, lighting, and monument.

The construction contract was publicly advertised for bids between February 10, 2022, and March 3, 2022. On Thursday, March 3, 2022, five bids were electronically opened and publicly posted on PlanetBids. The results are as follows:

Contractor
Bid Amount
1 IE General Engineering Inc.
$311,496.00
2 KASA Construction, Inc.
$383,950.00
3 Fleming Environmental Inc.
$412,967.00
4 CS Legacy Construction, Inc.
$487,793.00
Cennox
Non -Responsive
Cennox has been deemed non -responsive because they did not provide a signed Bid Sheet, Statement of Technical Ability and Experience, Bidder's Statement of Past Contract Disqualifications, Non -collusion Affidavit or Bidder's Agreement. Also, the Bid Bond was not received prior to the bid opening.

Staff has reviewed and analyzed the bid proposals and found IE General Engineering Inc. of Beaumont, California, to be the lowest responsive and responsible bidder for this project. IE General Engineering Inc. has public contracting experience and has completed similar projects for other public agencies.

The Engineer's Estimate for the construction contract was $175,000. The Specifications allow for 60 working days, which is approximately three months.

The additional requested appropriation will cover the following project's components:

1. Balance of the construction budget plus contingency

2. Geotechnical testing

3. Material testing

4. Engineering of Record construction support

5. Staff administration
The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP.

Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. This project is exempt from MSHCP fees since it is a replacement of an existing structure, it is located on the same site as the structure being replaced and will have substantially the same purpose and capacity as the structure replaced.

FISCAL IMPACT: The Ronald Reagan Sports Park Restroom Expansion and Renovation is identified in the City's Capital Improvements Program (CIP) Budget for Fiscal Year 2022-2026, and is funded with Measure S. With the additional appropriations of $290,000 from Measure S, adequate funds are available in the project account for the contract amount of $311,496, plus the 10% contingency amount of $31,149 for construction contract change orders, for a total encumbrance of $342,645 for construction.

ATTACHMENTS: 1. Contract

2. Project Description

3. Project Location Map

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACT
for

RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION `�� PROJECT NO. PW18w03
THIS CONTRACT, made and entered into the 12t" day of April, 2022, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and IE General Engineering Inc., hereinafter referred to as "Contractor." WITNESSETH:

That City and Contractor, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACT DOCUMENTS
The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION, PROJECT NO. PW18=03, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction,' including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION, PROJECT NO. PW18=

03. Copies of these Standard Specifications are available from the publisher:

BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION, PROJECT NO. PW18m 030
Incase of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions.

Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed .and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.

CONTRACT C-1

The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict'between this Contract and any other Contract Document shall be resolved in favor of this Contract.,

2. SCOPE OF WORK
Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION, PROJECT NO. PW18=03
All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City.

3. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized -representatives a

4. CONTRACT AMOUNT AND SCHEDULE
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE HUNDRED ELEVEN THOUSAND FOUR HUNDRED NINETY-SIX DOLLARS AND ZERO CENTS ($311496.00), the total amount of the base bid.

Contractor agrees to complete the work in a period not to exceed 60 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City.

5. CHANGE ORDERS
All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council.

6. PAYMENTS
a. Lump Sum Bid Schedule.: -Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95%_ of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing cone-year CONTRACT C-2

Warranty and an Affidavit of Final Release with the City on forms provided by the City.
ca Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference.

7. LIQUIDATED DAMAGES / EXTENSION OF TIME
a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor.
b. Extension of Time: Contractor will be granted an extension of time and will not be 0 assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City.

Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

8. WAIVER OF CLAIMS,
On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.

9. PREVAILING.WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at hftp:e
// www.dir.ca.gov , Contractor shall provide a copy of
prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720,91 1725.51 1771.1 (a), 1773.8, 1775, 17767 177T5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion CONTRACT C-3

thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated r)revailina rates for. anv work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. be subject to compliance monitoring and enforcement
Relations (DIR) pursuant to Labor Code Section 1771.40

10. TIME OF THE ESSENCE
Time is of the essence in this contract.

11. INDEMNIFICATION
This project, work, or service will
by the Department of Industrial
All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City.

The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12, GRATUITIES
Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City ) s employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.
13, CONFLICT OF INTEREST
Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any- person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids.
14, CONTRACTOR'S AFFIDAVIT
*0 After the completion of the work contemplated by this Contract, Contractor shall Tile with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.

15. NOTICE TO CITY OF LABOR DISPUTES
CONTRACT C-4

Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.
16, BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.
17, INSPECTION.

The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety, and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.

18. DISCRIMINATION,
Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.

19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract.
20, PROHIBITED INTEREST
No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter.

Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4,,6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California.

21. ADA REQUIREMENTS
By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.

CONTRACT C-5

22. WRITTEN NOTICE
Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and.to the City addressed as follows:

Mailing and Delivery Address:
23, INSURANCE.

Patrick A. Thomas, PE
Director of Public Works / City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590
The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries toersonspor damages to Property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees or subcontractors.

Minimum Scope of Insurance: Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88..

2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable.

3. Worker's' Compensation insurance as required by the State of,California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.,
Minimum Limits of Insurance: The Contractor shall maintain limits no less than:

1. General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to'.this projecti/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage.

3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars $1,000,000 per accident for bodily injury or disease.

Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall.,not exceed Twenty -Five Thousand Dollars $25,000.

Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

CONTRACT C-6

1. The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respects to liability arising out of activities performed by or on behalf of the Contractor; PI$
roducts and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded.to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers.

2. For any claims related to this project, the Contractor's insurance covera�yu shall be primary insurance as respects the City of Temecula, Temecula Community Services District,' Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, Temecula Community Services District-, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers.

4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this Contract shall be endorsed to state in substantial conformance to the following: If the policy will be cancelled before the expiration date the insurer will notify in writing to the City of such cancellation not less than 30 days prior to the cancellation effective date.

6. If insurance coverage is cancelled or reduced in coverage or in limits, the Contractor shall within two business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.

Acceptability of Insurers: Insurance is to be placed with insurers with a currentA.M. Best ) s rating of no less than A-, Vil or better, unless otherwise acceptable to the City. Self, - insurance shall not be considered to comply with these insurance requirements.

Verification of Coverage: Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The, endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

CONTRACT C-7

Subcontractors: Contractor shall include all- subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein,.

24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT
Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of -the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned -or controlled by, or otherwise connected to, the government of a covered foreign country.

26. COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work.

23. CLAI'M DISPUTE RESOLUTION,
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.

All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filming or prosecution of a claim in compliance with Section 9204 and/or. Article 1.5 (if applicable) does not in any way obviate the need to timely present a CONTRACT C-8

claim under the Government Claims Act, or in any toll the expiration of any limitations period.for the timely presentation of a claim under the Government Claims Act.

CONTRACT C-9

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.

DATED: � CONTRACTOR:

IE General Engineering Inc.
1440 Beaumont Avenue, Ste. A2=130
Beaumont, CA 92223
951 m6l 6 =331 1
accounting@'iegeneral.com
Gene Parker
Print or type NAME
President
Print or type TITLE*
Gene Parker
Print or type NAME
Secretary
-- own"
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations) 0 DATED:

ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney

CITY OF TEMECULA
By:

Matt Rahn, Mayor
CONTRACT C-10

Adik
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program

RONALD REAGAN SPORTS PARK RESTROOM EXPANSION & RENOVATION Parks/Recreation Project
Project Description: This project provides for the design and construction of the restroom building expansion at Ronald Reagan Sports Park. The restroom expansion includes adding additional restroom stalls and urinals, renovating the snack bar, and enlarging the storage case.

Benefit: This project provides additional facilities for park patrons.

Core Value: Healthy and Livable City
Project Status: Project is estimated to be complete in Fiscal Year2021-22.

Department: Public Works - Account No. 210.290.999.114 / PW18-03 Level: I
Project Cost:

Prior Years
Actuals
2021-22
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
55,948
50,000 62,380
168,328
Construction
54,579
837,473
892,052
Construction Engineering
9,280
37,039
46,319
Design & Environmental
46,476
29,024
75,500
Total Expenditures
166,283
953,535 62,380
1,182,199
Source of Funds:

Measure S 725,000 394,819 62,380 1,182,199
Total Funding 1 725,000 394,819 62,380 - - 1,182,199
Future Operating & Maintenance Costs:

Total Operating Costs
162

Ronald Reagan Sports Park Restroom Expansion and Renovation Parks and Recreation Project Location
0 200 400 Feet
The map RonaldReaganRestroom.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update Al 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 176

Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022
SUBJECT: Approve Appropriation of Additional Funds for the Traffic Signal — Park and Ride Access Improvements, PW18-11
PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II
RECOMMENDATION: That the City Council approve an appropriation of $170,000 from Measure S to the Traffic Signal — Park and Ride Access Improvements, PW 18-11.

BACKGROUND: The Traffic Signal — Park and Ride Access Improvements, PW 18- 11, is a Capital Improvement Project currently under construction. It includes installation of a new traffic signal and median modifications on Temecula Parkway at Wabash Lane, construction of an access road from Temecula Parkway at Wabash Lane to the existing park and ride facility, and the elimination of the existing entrance to the park and ride facility on Vallejo Avenue by extending the existing block wall.

On May 25, 2021, the City Council awarded the construction contract to PAL General Engineering Inc. and approved an appropriation from Measure S for the Traffic Signal - Park and Ride Access Improvements, PW 18-11. During construction, unforeseen conditions including COVID-related and supply chain delays, weather related events, and other circumstances have extended the duration of construction and delayed completion of the project. Consequently, these circumstances have extended the administration time required for the project nearly depleted the administration account used for project management and inspection. Also, additional construction engineering funds are needed for the administrative process with the County of Riverside after the completion of the project.

FISCAL IMPACT: The Traffic Signal — Park and Ride Access Improvements project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Year 2022-2026. It is funded with Measure S, General Fund, Settlement Proceeds and Developer Contribution. With the additional appropriation of $170,000 from Measure S, adequate funds will be available to complete the project.

ATTACHMENTS: 1. Project Description

2. Project Location Map

Alk
f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program

TRAFFIC SIGNAL - PARK & RIDE ACCESS IMPROVEMENTS
Circulation Project
Project Description: This project includes the installation of a traffic signal on Temecula Parkway at Wabash Lane. The project also includes relocating the access of the Park and Ride facility on Temecula Parkway at La Paz Road from Vallejo Avenue to Wabash Lane.

Benefit: This project improves traffic safety and circulation throughout the City.

Core Value: Healthy and Livable City
Project Status: Design is complete. Construction will be completed in Fiscal Year 2021-22.

Department: Public Works - Account No. 210.265.999.605 / PW18-11 Level: I
Project Cost:

Prior Years
Actuals
2021-22
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
85,619
61,506 151,200
298,325
Construction
14,351
750,514 210,922
975,787
Construction Engineering
115,155 70,000
185,155
Design & Environmental
248,149
30,955
279,104
MSHCP
41,425 11,100
52,525
Total Expenditures
348,119
999,555 443,222 -
1,790,896
Source of Funds:

Developer Contribution
175,000
175,000
General Fund
226,725
226,725
Measure S
50,505
395,444 443,222
889,171
Settlement Proceeds
500,000
500,000
Total Funding
i 777,2301
570,444 443,222
1,790,896
Future Operating & Maintenance Costs:

Total Operating Costs
93 /
CO
Traffic Signal Park and Ride Access lmprovements
Circulation Project Location
,.� Ft %'V .
_ •� r I G a •'i'�
6-6
16 J•'�_.i Eqpt � .,! � "' .1. �/ Y Ira �{ I% �'�Jt2 e _ ,♦ ��° !� https://temeculaca.gov/gis 2018 Aerial Data
82 Item No. 18

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022
SUBJECT: Approve the Initial Study and Adopt a Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II — Margarita Road Undercrossing Project, PW 19-04 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer
William Becerra, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve the Initial Study (IS) and adopt a Mitigated Negative Declaration (MND) for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project, PW19-04; and

2. Direct the Public Works Director to file the Notice of Determination (NOD).

BACKGROUND: The Santa Gertrudis Creek Trail Phase II — Margarita Road Undercrossing, PW 19-04; includes the design, environmental, and construction of the under - crossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along the Santa Gertrudis Creek at this location.

As required by the California Environmental Quality Act (CEQA) an Initial Study (IS) was prepared. The IS identified no impact or a less than significant impact for the following environmental areas of concern:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards & Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources

• Noise
• Population & Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
The IS identified the following areas of potential concern that will be reduced to a less than significant impact with mitigation incorporated as summarized:
• General: A qualified biologist will be required to conduct pre -construction survey and training for construction personnel and monitor construction activities to ensure practicable measures are being employed to avoid incidental disturbance of habitat and species of concern outside the project footprint.
• Cultural Resources: Require a certified archaeologist to monitor construction in coordination with the Pechanga Tribe. Implement recommendations for a pre -grading meeting with contractors, grading monitoring on a period and frequency as approved and coordinated with the Pechanga tribe, and cultural resources protection, avoidance, and curation as required in the event of resource discovery.

Under CEQA guidelines, an Initial Study (IS) determined a Mitigated Negative Declaration (MND) be completed for the project. The MND includes mitigation measures to reduce potential impacts to a level of less than significant. Staff recommends that the City Council approve the IS and adopt an MND for this project. A summary of the proposed mitigation measures is included within the attached Final IS/MND.

The Notice of Intent to Adopt a Mitigated Negative Declaration was posted on February 14, 2022.

The corresponding public review comment period also commenced on February 14, 2022, and concluded on March 16, 2022. Notification signage was placed on the project site and a notice was placed in the local newspaper.

The City of Temecula did not receive any written comment letters.

FISCAL IMPACT: The Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-26, and is funded with Senate Bill 1 and Measure S. There are sufficient funds in the project account to cover the California Environmental Quality Act (CEQA) Mitigated Negative Declaration fee of $2,598 (includes $50.00 County filing fee).

ATTACHMENTS: 1. Initial Study Mitigated Negative Declaration

2. Notice of Determination

3. Project Description

SANTA GERTRUDIS CREEK TRAIL PHASE II

UNDERCROSSING AT MARGARITA ROAD PROJECT
Final Initial Study/Mitigated Negative Declaration
Prepared for
City of Temecula
March 2022
F ESA

SANTA GERTRUDIS CREEK TRAIL PHASE II

UNDERCROSSING AT MARGARITA ROAD PROJECT
Final Initial Study/Mitigated Negative Declaration
Prepared for
City of Temecula
550 West C Street
Suite 750
San Diego, CA 92101
619.719.4200
esassoc.com
Bend
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Santa Monica
Delray Beach
Petaluma
Sarasota
Destin
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Seattle
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Tampa
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Oakland
San Francisco
March 2022
ESA

OUR COMMITMENT TO SUSTAINABILITY I ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper.

TABLE OF CONTENTS
Santa Gertrudis Creek Trail Phase II
Undercrossing at Margarita Road Project
Final Initial Study/Mitigated Negative
Declaration
Paqe
Acronyms and Abbreviations ................................................................................................iii Foreword.................................................................................................................................vii Overview...................................................................................................................................1 EnvironmentalSetting.............................................................................................................1 ProjectComponents................................................................................................................2 Proposed Trail Connection...............................................................................................2 OtherImprovements.........................................................................................................7 Construction and Operational Maintenance.........................................................................7 Environmental Factors Potentially Affected.......................................................................10 Environmental Checklist.......................................................................................................11 Aesthetics.......................................................................................................................11 Agriculture and Forestry Resources...............................................................................14 AirQuality.......................................................................................................................16 Biological Resources......................................................................................................26 Cultural Resources.........................................................................................................37 Energy............................................................................................................................41 Geologyand Soils..........................................................................................................43 Greenhouse Gas Emissions...........................................................................................49 Hazards and Hazardous Materials.................................................................................52 Hydrology and Water Quality.........................................................................................56 LandUse and Planning..................................................................................................60 Mineral Resources..........................................................................................................61 Noise...............................................................................................................................62 Population and Housing.................................................................................................68 PublicServices...............................................................................................................69 Recreation......................................................................................................................71 Transportation................................................................................................................72 Tribal Cultural Resources...............................................................................................76 Utilities and Service Systems.........................................................................................79 Wildfire............................................................................................................................82 Mandatory Findings of Significance...............................................................................84 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project I ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Table of Contents
Paqe
Appendices
A. Air Quality and GHG Calculations
B. Biological Resources Technical Report
C. Aquatic Resources Delineation Report
D. Cultural Resources Assessment Report
E. Energy Calculations
F. Foundation Report for Retaining Walls
G. Water Quality Management Plan for Santa Gertrudis Creek Phase II — Margarita Road Undercrossing
H. Noise Calculations
List of Figures
1 Regional Location.............................................................................................................3 2 Project Site.......................................................................................................................4 3 Trail Improvement Plan....................................................................................................5 4 Trail Improvement Profile.................................................................................................6 List of Tables
1 Construction Phasing.......................................................................................................8 2 Estimated Construction Schedule..................................................................................19 3 Maximum Regional Construction Emissions — without Mitigation (pounds per day)............................................................................................................20 4 Maximum Localized Construction Emissions — without Mitigation (pounds per day)............................................................................................................23 5 Construction Equipment.................................................................................................64 6 Construction Equipment Noise Reference Levels and Usage Factors .........................64 7 Construction Noise in Different Phases.........................................................................65 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project II ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Acronyms and Abbreviations
Acronym/Abbreviation
Definition
ALUCP
Airport Land Use Compatibility Plan
APE
Area of Potential Effects
AQMP
Air Quality Management Plan
AR4
Fourth Assessment Report
ARDR
Aquatic Resources Delineation Report
ASML
above mean sea level
BC3
Business Council on Climate Change
BMP
best management practice
BTR
Biological Technical Report
CAAQS
California Ambient Air Quality Standards

CAL FIRE
California Department of Forestry and Fire Protection
CARB
California Air Resources Board
CBC
California Building Code
CDFW
California Department of Fish and Wildlife
CDMG
California Division of Mines and Geology
CEQA
California Environmental Quality Act
CGS
California Geologic Survey
CH4
methane
CNDDB
California Natural Diversity Database
CNPS
California Native Plant Society
CO
carbon monoxide
CO2
carbon dioxide
CO2e
carbon dioxide equivalent
CWA
Clean Water Act
CY
cubic yards
DBESP
Determination of Biologically Equivalent or Superior Preservation DOC
California Department of Conservation
DPM
diesel particulate matter
DPW
Temecula Department of Public Works
DTSC
California Department of Toxic Substances Control
EIC
Eastern Information Center
EMWD
Eastern Municipal Water District
FMMP
Farmland Mapping and Monitoring Program
GAW
ground anchor wall
GHG
greenhouse gas
GWP
global warming potential
HAP
hazardous air pollutants
HFC
hydrofluorocarbon
HHD
heavy -heavy-duty
IPCC
Intergovernmental Panel on Climate Change
Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project III ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

and Abbreviations
Acronym/Abbreviation
Definition
JRMP
Jurisdictional Runoff Management Plan
LOS
Level of Service
LST
Localized Significance Thresholds
MLD
a Most Likely Descendent
MMT
million metric tons
MSHCP
Western Riverside Multiple Species Habitat Conservation Plan MT
metric ton
MWD
Metropolitan Water District
N2O
nitrous oxide
NAAQS
National Ambient Air Quality Standards
NAHC
Native American Heritage Commission
NPDES
National Permit Discharge Elimination System
OPR
Governor's Office of Planning and Research
OS-C
Open Space Conservation
PFC
perfluorocarbon
PM10
coarse particulate matter
RCFCD
Riverside County Flood Control District
RCFD
Riverside County Fire Department
RCFWCD
Riverside County Flood and Water Conservation District
RCWD
Rancho California Water District
RTA
Riverside Transit Authority
RWQCB
Regional Water Quality Control Board
SB
Senate Bill
SCAG
Southern California Association of Governments
SCAQMD
South Coast Air Quality Management District
SF6
sulfur hexafluoride
SGCT
Santa Gertrudis Creek Trail
SLF
Sacred Lands File
Sox
sulfur oxides
SR
State Route
SSRE
Source Reduction and Recycling Element
SWPPP
Stormwater Pollution Prevention Plan
SWRCB
State Water Resource Control Board
TAC
toxic air contaminant
TACM
Airborne Toxic Control Measures
TPD
Temecula Police Department
USACE
U.S. Army Corps of Engineers
USEPA
U.S. Environmental Protection Agency
USGS
U.S. Geological Survey
VHFHSZ
Very High Fire Hazard Severity Zone
VMT
vehicle miles traveled
VOC
volatile organic compounds
Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project IV ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

and Abbreviations
Acronym/Abbreviation
Definition
WE AP
Workers Environmental Awareness Program
WQMP
Water Quality Management Plan
Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project V ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

and Abbreviations
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Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project A ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

FOREWORD
The City of Temecula prepared a Draft Initial Study/Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project (State Clearinghouse Number 2022020289), which was circulated for a 30-day public review period pursuant to requirements of Chapter 3, Section 15073(a), of the California Environmental Quality Act (CEQA) Guidelines. The review period gives agencies, organizations, and members of the public the opportunity to review the Draft Initial Study/Mitigated Negative Declaration and provide comments on the document and the environmental analysis presented therein. The 30-day review period commenced on February 14, 2022 and ended on March 16, 2022. During the review period, the District did not receive any letters from reviewing agencies, organizations, or members of the public commenting on the Draft Initial Study/Mitigated Negative Declaration. As such, there are no responses to comments included as part of this Final Initial Study/Mitigated Negative Declaration.

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project VII ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Neqative Declaration
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Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project VIII ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

ENVIRONMENTAL CHECKLIST
Initial Study/Mitigated Negative Declaration

1. Project Title:

2. Lead Agency Name and Address

3. Contact Person and Phone Number
Santa Gertrudis Creek Trail Phase II
Undercrossing at Margarita Road
City of Temecula Planning Department, 41000
Main Street, Temecula CA, 92590
Will Becerra Jr. (951) 693-3963

4. Project Location: The Project Site is beneath and perpendicular to Margarita Road, along the south side of Santa
Gertrudis Creek, and is adjacent to and
extending the Santa Gertrudis Bicycle Trail, in
the City of Temecula, CA.

5. Project Sponsor's Name and Address: City of Temecula, CA

6. General Plan Designation(s):

7. Zoning:

8. Description of Project:

Overview
Open Space
Open Space Conservation (OS-C)
The City of Temecula, as the lead agency under the California Environmental Quality Act (CEQA), has identified the need for the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road (Proposed Project or Project). The Project would design and construct a bicycle/multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail (SGCT). The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four - lane divided collector roadway. The proposed undercrossing would improve safety at this location by removing the need for existing at -grade roadway crossing for the trail.

Environmental Setting
The Project Site is located at Margarita Road and the south side of Santa Gertrudis Creek, in the City of Temecula, CA, as shown in Figure 1 and Figure 2. The existing SGCT is a 3-mile paved trail, which traverses from northeast to southwest in the City of Temecula and serves as both a recreational amenity and an active transportation alternative. The northeastern terminus of SGCT is located at Nakayama Park, near the intersection Joseph Road and Nicolas Road.

The trail is adjacent to the south side of Santa Gertrudis Creek, meanders to the north and Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Neqative Declaration
passes under State Route 79 (SR-79), before reaching the southwestern terminus at Ynez Road near Winchester Road.

The existing crossing of the SGCT is located at Margarita Road, which is a 100-foot wide, four - lane divided collector street in the City of Temecula, with a posted speed limit of 45 miles per hour. At the crossing of the Santa Gertrudis Creek, Margarita road narrows to 88 feet in width.

Within the Project limits, Margarita Road has two lanes of traffic in each direction, with a partially -landscaped median varying in width from 13 feet to 22 feet, 7-foot northbound and 5- foot southbound Class II bike lanes, and 6-foot sidewalks on both sides. The roadway grade varies from approximately 2 percent to 3 percent.

The Project Site ranges in elevation, with the westernmost extent at 1,070 feet above mean sea level (ASML), with the easternmost extent at 1,072 ASML.

Project Components
The Proposed Project consists of a total of approximately 610 feet of a shared bicycle/trail undercrossing beneath the overpass of Margarita Road. The proposed off-street paved undercrossing would begin where the existing grade of the SGCT ramps begin to elevate to meet the grade of the overcrossing of Margarita Road at the east and west sides, which is slightly north of the existing overcrossing site, as shown in Figure 3 and Figure 4. The Project would include the removal of existing pavements and soils to bring the proposed SCGT to five percent grade, utility improvements, and the construction of the SGCT in a new location beneath Margarita Road.

Proposed Trail Connection
Implementation of the Proposed Project would include the demolition of the existing SGCT along the east and western sides of Margarita Road, which includes the removal of one -foot minimum of existing aggregated concrete pavement and the compaction of existing soils to bring to grade the proposed trail. The proposed juncture of the existing trail and proposed undercrossing would be brought to a median elevation of 1,064.3 feet AMSL, which results in a five percent grade change to the lowest extent of the proposed trail on each side. The trail would adjoin the existing grade of 1,069 feet AMSL at the western extent and 1,071.98 feet AMSL at the eastern extent as shown in Figure 4. The Project would include the reconstruction and/or replacement of the existing trail and infrastructure, such as the existing retaining wall and channel slope paving and cut-off wall. A ground anchor wall (GAW) is also proposed below the Margarita Road undercrossing, which would be used to retain the abutment end slope. Existing water valves and fixtures impacted by trenching of the soil to grade would be restored, which include utilities such as water valves and curb and gutter replacements. It is anticipated that all conflicting surface utilities facilities would either be protected in place or be relocated within the confines of the Project boundary (including a 20-inch waterline owned by Rancho California Water District (RCWD) that would be relocated a maximum of 23-feet to the east of the proposed anchor wall).

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 2 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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Miles
SOURCE: ESRI
371
-------------
Vista"- Valley Center
Carlsbad 78
San Marcos
Escondido
San Pasqual
Lake
Sutherland
Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Figure 1
Regional Location
ESA

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O CONSTRUCT TIEBACK WALL PER TIEBACK WALL PLAN
v
O CONSTRUCT 4' HIGH CHAIN LINK FENCE PER CALTRANS STD PLAN A85 g CONSTRUCT CABLE RAILING PER CALTRANS STD PLAN 311-47
10 CONSTRUCT GUTTER PER CALTRANS STD PLAN 133-6
© 0 40
2 - Feet
SOURCE: City of Temecula Department of Public Works, 2021 /SAWCUT LINE AND ,

EXISTING SLOPE PA'
EXIST
Channel Construction Limit N '(

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AS LINE 1 i

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arce Ine an urve Table
Line #/Curve #
Length
Bearing/Delta
Radius

TANGENT
C1

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300.00

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300.00

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14.88 C4

31.48 6.01
300.00

15.76 Li

73.89 ................
..............

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333.14
..............
..............

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79.46 ..............
..............

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Figure 3
Trail Improvement Plan
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10+00
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SOURCE: City of Temecula Department of Public Works, 2021 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Figure 4
Trail Improvement Profile
r ESA
J

Final Initial Study/Mitigated Negative Declaration
The proposed trail undercrossing will measure 610 feet long and 12 feet wide, and will be paved on compacted soil beneath Margarita Road, directly to the north of the existing overcrossing. A retaining wall would be constructed where the proposed shared -use path would encroach into the cut slopes of Santa Gertrudis Creek along the northern length of the existing SGCT. The proposed retaining wall would measure approximately 6 to 10 feet in height and would incorporate drainage V-ditches outside of the Margarita Road bridge. The existing pier wall near the Santa Gertrudis Creek and Flood Control facilities and posts beneath the Margarita Road overpass would be protected in place.

The existing channel wall slope paving would be removed and reconstructed. As part of this process, articulated concrete blocks that currently extend into the bed of the creek, from the toe of the existing retaining wall, will be replaced with a comparable material that will improve the stability of the new infrastructure; this replacement will result in the removal of a minimal quantity of vegetation present within the channel; however, the new material will allow for this vegetation to regrow and persist following Project completion. In addition, a tieback wall would be constructed to prevent erosion of the existing slopes, along the southern length of the proposed shared -use path.

The Project would include the installation of a 4-foot high, chain -link fence and a Type 5 retaining wall in accordance with Caltrans Standard Plans (133-1) along the north side of the proposed undercrossing. The retaining wall would serve as a barrier between the proposed shared -use path and the existing Santa Gertrudis Creek edge due to the close proximity of the two facilities.

Other Improvements
Bike path signage would be installed throughout the Project Site to educate users of the SGCT on current laws and user responsibility. In addition, landscaping and slope improvements would be needed along the proposed shared -use path. It should be noted that the Project does not include any installation of trail lighting.

Construction and Operational Maintenance
Construction of the Project is estimated to occur over six (6) months, starting in late 2022. Sub - phases of construction would include clearing of existing vegetation, demolition of the existing SGCT and other concrete improvements within the Project Site, site excavation, grading, utility construction, concrete pathway construction, and signing and striping installations, as shown on Table 1. Grading of the Project Site would require approximately 264.85 cubic yards (CY) of cut materials and 440.57 CY of fill materials, for a net of 175.72 CY of materials to be imported.

Once construction is completed, routine maintenance (including mowing and disking) of the Santa Gertrudis Creek would be performed by the Riverside County Flood Control District (RCFCD), as necessary.

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 7 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Negative Declaration
TABLE 1

CONSTRUCTION PHASING
Phase Approximate Timeline Description
Phase 1 1 month Demolition and Site Preparation
Phase 2 4 months Construction of Retaining Walls and Concrete Pathway Phase 3 1 month Installation of final striping, signs and landscaping.

9. Surrounding Land Uses and Setting.

The Project Site is located in an urbanized area, which is predominately surrounded by commercial land uses to the south, residential uses to the north and east, and industrial uses to the west. The Site is directly south of Santa Gertrudis Creek, and adjacent and extending to the Santa Gertrudis Creek Trail. Regional access to the Project Site is provided via Interstate (1) I-15 to the east and State Route (SR) SR-79, also recognized as Winchester Road, to the south.

10. Other public agencies whose approval is required.

U.S. Army Corps of Engineers (USACE)
Regional Water Quality Control Board (RWQCB)
California Department of Fish and Wildlife (CDFW)
Riverside County Flood and Water Conservation
District (RCFWCD)
Clean Water Act Section 404 Nationwide Permit
Nationwide Permit 42 (Recreation Facilities)
Clean Water Act Section 401 Water Quality
Certification
Streambed Alteration Agreement Pursuant to
Section 1600 et seq.

Encroachment and Construction Permits for the
portions constructed by TPD within RCFWCD's
right-of-way

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

Pursuant to Assembly Bill 52, the City contacted five California Native Tribes who have previously requested in writing to be informed by the City through formal notification of proposed projects within the geographic area in which the tribe is traditionally and culturally affiliated. Of the five tribes contacted, two, including the Pechanga Band of Mission Indians and the Rincon Band of Luiseno Indians requested formal consultation. Based on the results of the consultation held with both tribal groups, no tribal cultural resources were identified within the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 8 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Negative Declaration
project area. However, the Pechanga Band of Mission Indians expressed concern that subsurface cultural materials may be encountered during project implementation. As such, mitigation in the form of archaeological and Native American monitoring was included as part of cultural resources analysis.

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 9 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Negative Declaration
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
❑
Aesthetics
❑
Agriculture and Forestry Resources
❑
Air Quality
❑
Biological Resources
❑
Cultural Resources
❑
Energy
❑
Geology/Soils
❑
Greenhouse Gas Emissions
❑
Hazards & Hazardous Materials
❑
Hydrology/Water Quality
❑
Land Use/Planning
❑
Mineral Resources
❑
Noise
❑
Population/Housing
❑
Public Services
❑
Recreation
❑
Transportation
❑
Tribal Cultural Resources
❑
Utilities/Service Systems
❑
Wildfire
❑
Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial study:
❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
&( AE---
Signature Date
Signature Date
Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 10 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Negative Declaration
Environmental Checklist
Aesthetics
Less Than
Potentially
Significant
Less Than
Significant
with Mitigation
Significant
Issues (and Supporting Information Sources):

Impact
Incorporated
Impact
No Impact
I. AESTHETICS — Except as provided in Public
Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? ❑
❑
❑X
❑
b) Substantially damage scenic resources, including,
❑
❑
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In non -urbanized areas, substantially degrade the
❑
❑
©
❑
existing visual character or quality of public views of the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
d) Create a new source of substantial light or glare
❑
❑
0 ❑
which would adversely affect daytime or nighttime
views in the area?
Discussion
a) Less than Significant Impact. A scenic vista is generally defined as a view of undisturbed natural lands exhibiting a unique or unusual feature that comprises an important or dominant portion of the view shed. Scenic vistas may also be represented by a particular distant view that provides visual relief from less attractive views of nearby features. Other designated federal and State lands, as well as local open space or recreational areas, may also offer scenic vistas if they represent a valued aesthetic view within the surrounding landscape of nearby features.

Temecula's natural setting offers a variety of scenic vistas and viewsheds. The City of Temecula General Plan Community Design Element designates the southern, eastern, and western rolling hills surrounding the City, as well as Murrieta and Temecula Creeks, as significant natural features, and indicates that public views of these features should be protected and enhanced (City of Temecula 2005). The General Plan explains that all public or private development projects are subject to City review to ensure that they will not obstruct public views of scenic resources, and projects may be subject to redesign or height limitations if it is determined that development would block public views (City of Temecula 2005).

The Project Site is located near existing residential development, commercial uses, and is adjacent to open space consisting of the Santa Gertrudis Creek. The Project Site includes views of rolling distant hills to the west and south. Views of these hills are partially obscured in various locations because of the slope/grade of the existing terrain, existing commercial and industrial development, and ornamental landscaping. Murrieta and Temecula Creeks are located approximately four miles south of the Project Site, and Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Neqative Declaration
therefore the Project would not obstruct any views to these features. Construction of the Project would not block views surrounding the Project because the Project would be primarily constructed below the existing roadway grade beneath the undercrossing of Margarita Road. Any work above -grade would be temporary and limited to construction of retaining and tieback walls, resurfacing of the trail, and placement of fencing. All construction equipment would be removed from view once construction of above -grade work is complete, and therefore, any impacts to views during construction would be temporary. Operation of the Project would not have the potential to adversely impact views of the hillsides because the proposed trail components would be relatively flat and would not have the height or bulk to block area views. Therefore, the Project would not create a substantial adverse impact to a scenic vista and impacts are considered to be less than significant.
b) No Impact. According to the California Department of Transportation (Caltrans), the Project Site is not located within or near an officially designated state scenic highway.

The nearest eligible scenic highway is I-15, which is located approximately 0.8 miles west of the Project Site. Views of 1-15 are not afforded from the Project Site because views are blocked by existing development along Temecula Parkway and the topography of the land between the Project Site and 1-15. Due to the absence of designated scenic highways in the vicinity of the Project Site, no impact would occur related to scenic resources within a state scenic highway.
c) Less than Significant Impact. The Community Design Element of the Temecula General Plan addresses physical aspects of the City that contribute to the image and character of natural and built environments (City of Temecula 2005). The Project Site is designated as Open Space and is located along a Major Arterial Roadway, near a Focal Intersection, which serves as a unifying design element (City of Temecula 2005).

Short-term visual impacts associated with Project construction activities would occur due to the presence of construction equipment and heavy-duty vehicles, materials and debris piles, and general construction activities; however, these impacts would be temporary and limited to the short-term construction duration of the Project, anticipated to be approximately 6 months.

Once construction of the Project is completed, the Project Site would involve revegetation along the sloped areas and portions of the Project Site that pavement was demolished. Furthermore, the Project would include the removal of the existing SGCT ramps, which connect to the Class II bicycle lanes along either side of Margarita Road, resulting in the elimination of two large area of concrete from the existing visual setting of the Project Site. In its place, would be relocated underground utilities, landscaping, and other visual improvements. Within the parameters of the undercrossing, limited permanent visual changes associated with concrete improvements, concrete pathway construction, utility construction, and signing and striping installations would occur.

Implementation of the Project would not impact the visual character of the Project Site or surrounding area because the height and bulk of the materials are considered to be Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 12 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Negative Declaration
minimal and the SGCT undercrossing would not be visible from any public roadways.

Project implementation would not conflict with zoning or other applicable regulations governing scenic quality. Thus, impacts are considered less than significant. d) Less than Significant Impact. Temporary glare from construction activities (including construction equipment and related materials) is possible. However, due to the location, nature of the Project and the short-term construction duration, it is anticipated that no new substantial sources of light or glare would result from the Project. Construction would occur during daylight hours in accordance with the City of Temecula Municipal Code (City of Temecula 2021). The Project does not propose any nighttime construction activities that would require the use of nighttime lighting. As such, substantial impacts related to light or glare are not anticipated during Project construction.

Operation of the Project would not include any construction of new/replaced trail or street lighting. The light sources proposed with the Project are not considered substantial and would be similar to the existing light sources along Margarita Road, and would be designed to minimize light spillage from the right-of-way to the adjacent properties. As such, the Project would not result in a new source of substantial light or glare and impacts would be less than significant.

References
California Department of Transportation (Caltrans). 2021. California State Scenic Highway System Map. Available
https://caltrans.maps . arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b 1 aaf 7000dfcc19983, accessed February 1, 2021.

City of Temecula. 2005. General Plan — Community Design Element. Adopted 1993, updated 2005. Available at https:Htemeculaca.gov/DocumentCenterNiew/279/Community-Design- PDF?bidId=, accessed February 1, 2021.

City of Temecula. 2021. Temecula Municipal Code Section 18.12.260 Time of Operations within public rights -of -way. Available at http://www.gcode.us/codes/temecula/ , accessed February 1, 2021.

County of Riverside. 1988. Ordinance No. 655 — An Ordinance of the County of Riverside Regulating Light Pollution. Adopted June 7, 1988. Effective July 7, 1988. Available https://www.rivcocob.org/ords/600/655.htm , accessed February 1, 2021.

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 13 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Negative Declaration
Agriculture and Forestry Resources
Less Than
Potentially Significant Less Than
Significant with Mitigation Significant
Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES —
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or ❑ ❑
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning ❑ ❑ ❑ of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of ❑ ❑ ❑ forest land to non -forest use?
e) Involve other changes in the existing environment ❑ ❑ ❑ which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non -forest use?
Discussion
a) No Impact. According to the California Department of Conservation Farmland Mapping and Monitoring Program (FMMP), the Project Site is not located in an area identified as Prime Farmland, Farmland of Statewide Importance, or Farmland of Local Importance (DOC 2021a). As indicated in the Important Farmland Map for Western Riverside County, the Project Site and surrounding areas are designated as Urban and Built -Up Land and does not contain any existing agricultural resources (DOC 2021b). Therefore, the Project would not convert farmland to non-agricultural use. No impact would occur. b) No Impact. As discussed above in Response II(a), the Project Site is classified as Urban and Built -Up land and does not contain any existing agricultural resources (DOC 2021b). Furthermore, the Project Site is designated as Open Space in the City's General Plan, which accommodates both public and private areas of permanent open space for such uses including parks, golf courses, recreation facilities, natural open spaces, recreation trails, greenbelts, lakes, utility easements, active fault zones, and undevelopable portions along floodplains along waterways (City of Temecula 2005).

Furthermore, there are no Williamson Act or agriculturally zoned properties adjacent or near the Project Site. The majority of remaining agricultural land in the City is located in Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 14 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Negative Declaration
the southern and eastern portions of the City's Planning Area (City of Temecula 2005).

As such, no impact would occur.
c, d) No Impact. According to the CDFW, the Project Site does not contain any private timberlands or public lands with forests (CDFW 2015). The Project Site is located within an urban area and does not contain any trees. As discussed above, the Project Site is zoned as Open Space Conservation (OS-C), and does not permit timber harvesting activities (City of Temecula 2005). As such, the Project would not result in the loss of forests or forest land or conflict with any existing zoning for timberland or forestland. No impact would occur.
e) No Impact. As discussed in Responses II(a) and II(b), the Project Site does not contain any agricultural land, including farmland, which would be converted to non-agricultural use as a result of the Project. The Project Site is located in an urban area and no adjacent properties contain farmland. Consequently, the Project not result in the permanent loss of farmland. No impact would occur.

References
California Department of Conservation (DOC). 2021 a. California Important Farmland Finder.

Available at https://maps.conservation.ca.gov/DLRP/CrFF/ , accessed February 1, 2021. .2021b. Important Farmland Maps for Western Riverside County. Published January, 2021.

California Department of Fish and Wildlife (CDFW). 2015. California Forests and Timberlands.

Available at https://wildlife.ca.gov/conservation/timber , accessed February 1, 2021.

City of Temecula. 2005. General Plan — Land Use Element, Open Space and Conservation Element. Adopted 1993, updated 2005. Available https://temeculaca.gov/345/General-Plan , accessed February 1, 2021.

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 15 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Negative Declaration
Air Quality
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact III. AIR QUALITY —
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
0 El
applicable air quality plan?
b) Result in a cumulatively considerable net increase of 0 El
any criteria pollutant for which the project region is
non -attainment under an applicable federal or state
ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
0 El
concentrations?
d) Result in other emissions (such as those leading to
0 El
odors) adversely affecting a substantial number of
people?
Discussion
a) Less than Significant Impact. The Project Site is located within the South Coast Air Basin (Basin). Air quality planning for the Basin is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The Project would be subject to the SCAQMD's Air Quality Management Plan (AQMP), which contains a comprehensive list of pollution control strategies directed at reducing emissions and achieving ambient air quality standards. These strategies are developed, in part, based on regional population, housing, and employment projections prepared by the Southern California Association of Governments (SCAG).

The 2016 AQMP was prepared to accommodate growth, reduce the high levels of pollutants within the areas under the jurisdiction of SCAQMD, return clean air to the region, and minimize the impact on the economy (SCAQMD 2016). Projects that are consistent with the assumptions used in the AQMP do not interfere with attainment because the growth is included in the projections utilized in the formulation of the AQMP. Thus, projects, uses, and activities that are consistent with the applicable growth projections and control strategies used in the development of the AQMP would not jeopardize attainment of the air quality levels identified in the AQMP, even if it would individually exceed the SCAQMD's numeric indicators.

Construction
Construction activities associated with the Proposed Project have the potential to generate temporary criteria pollutant emissions through the use of heavy-duty construction equipment and through vehicle trips generated from worker trips, vendor and haul trucks traveling to and from the Project Site. In addition, fugitive dust emissions would result from site preparation, grading, and drainage/utilities installation. Construction emissions can vary substantially from day to day, depending on the level of activity, the specific Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 16 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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type of construction activity, and prevailing weather conditions. The assessment of construction air quality impacts considers each of these potential sources.

Under this criterion, the SCAQMD recommends that lead agencies demonstrate that a project would not directly obstruct implementation of an applicable air quality plan and that a project be consistent with the assumptions (typically land -use related) upon which the air quality plan is based. The Project would result in an increase in short-term employment compared to existing conditions. Being relatively small in number and temporary in nature, the number of construction jobs required for the Project would not conflict with the long-term employment projections upon which the AQMP is based.

Control strategies in the AQMP, potentially applicable to control temporary emissions from construction activities, include ONRD-04 and OFFRD-01,1 which are intended to reduce emissions from on -road and off -road heavy-duty vehicles and equipment by accelerating the replacement of older, emissions -prone engines with newer engines that meet more stringent emission standards. Descriptions of measures ONRD-04 and OFFRD-01 are provided below:

ONRD-04 — Accelerated Retirement of Older On -Road Heavy -Duty Vehicles: This measure seeks to replace up to 1,000 heavy-duty vehicles per year with newer or new vehicles that at a minimum, meet the 2010 on -road heavy-duty NOx exhaust emissions standard of 0.2 grams per brake horsepower -hour (g/bhp-hr).

OFFRD-01— Extension of the Soon Provision for Construction/Industrial Equipment: This measure continues the Surplus Off -Road Option for NOx (SOON) provision of the statewide In -Use Off -Road Fleet Vehicle Regulation beyond 2014 through the 2023 timeframe.

As described in sections below, this Project would have less than significant construction emissions of criteria pollutants. Therefore, the Project would be consistent with the AQMP. Additionally, the Project would comply with California Air Resources Board (GARB) requirements to minimize short-term emissions from on -road and off -road diesel equipment. The Project would also comply with SCAQMD regulations for controlling fugitive dust pursuant to SCAQMD Rule 403, for example, apply water spray/mists or similar suppressant (e.g., SoilSeal) at least 3 times per day on active areas of disturbance and unpaved roads, and limit truck speed to 15 miles per hour or less on unpaved roads to minimize dust on unpaved roads at the construction site.

Compliance with these requirements is consistent with and meets or exceeds the AQMP requirements for control strategies intended to reduce emissions from construction AQMP measure ONRD-04 applies to on -road mobile sources and is the accelerated retirement of older on -road heavy-duty vehicles to reduce emissions of NOx and particulate matter. AQMP measure OFFRD-01 applies to off - road mobile sources and is the extension of the Surplus Off -Road Opt -In for NOx (SOON) provision for construction/industrial equipment to encourage the accelerated retirement of older off -road heavy-duty equipment to reduce emissions of NOx. http://www.agmd.gov/docs/default-source/clean-air-plans/air-quality-management- plans/2012-air-quality-management-plan/final-2012-aqmp-(february-2013)/chapter-4-final-2012.pdf, accessed February 2021.

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equipment and activities. Because the Project would not conflict with the control strategies intended to reduce emissions from construction equipment, the Project would not conflict with or obstruct implementation of the AQMP. Impacts would be less than significant.

Operation
The Project consists of demolishing the existing overcrossing of the SGCT and construction of the proposed shared -use path and infrastructure under Margarita Road along the Santa Gertrudis Creek. Operation of the Project would not generate emissions as it would not accommodate or result in added trips from motor vehicles and would not result in the generation of new housing or employment. Overall, the Project would not conflict with the growth projects identified in the AQMP and would not conflict with or obstruct implementation of the AQMP's or any of the City's strategies and polices intended to reduce criteria pollutant emissions. Therefore, impacts would be less than significant.

The Project Site is located within the SCAB, which is characterized by relatively poor air quality. State and federal air quality standards are often exceeded in many parts of the Basin. The Project would contribute to local and regional air pollutant emissions during construction (short-term or temporary). However, based on the following analysis, construction of the Project would result in less than significant impacts relative to the daily significance thresholds for criteria air pollutant emissions established by the SCAQMD for construction.

Construction Impacts
Based on criteria set forth in the SCAQMD CEQA Air Quality Handbook (SCAQMD, 1993), a project would have the potential to violate an air quality standard or contribute substantially to an existing violation and result in a significant impact with regard to construction emissions if regional emissions from both direct and indirect sources would exceed any of the following SCAQMD prescribed threshold levels: (1) 75 pounds a day for volatile organic compounds (VOCs), (2) 100 pounds per day for (NOx, (3) 550 pounds per day for carbon monoxide (CO), (4) 150 pounds per day for sulfur oxides (SOx), (5) 150 pounds per day for respirable particulate matter (PM10), and (6) 55 pounds per day for fine particulate matter (PM2.5).

Daily regional emissions during construction are forecasted by assuming a conservative estimate of construction activities (i.e., assuming all construction occurs at the earliest feasible date) and applying the mobile source and fugitive dust emissions factors. The emissions have been estimated using the CalEEMod software (version 2016.3.2), an emissions inventory software program recommended by the SCAQMD, and the CARB on -road vehicle EMFAC2017 model. CalEEMod is based on outputs from OFFROAD and EMFAC, which are emissions estimation models developed by CARB and used to calculate emissions from construction activities, including on- and off -road vehicles. On - road emissions have been calculated outside of CalEEMod using the most recent version of EMFAC (2017). Model default construction equipment inputs were utilized. Input Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 18 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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values were adjusted to be project -specific based on the construction schedule and the amount of soil import and concrete required. These values were then applied to the construction phasing assumptions used in the criteria pollutant analysis to generate criteria pollutant emissions values for each construction activity. This emissions analysis for all construction activities includes compliance with mandatory SCAQMD Rule 403 measures regarding the control of fugitive dust.

Construction of the Project is tentatively scheduled to begin October 2022 and occur over six months. Construction duration by phase is provided in Table 2. The duration of construction activity and associated equipment represents a reasonable approximation of the expected construction fleet as required per CEQA guidelines. Site specific construction fleet may vary due to specific Project needs at the time of construction. The duration of construction activity and associated construction equipment was estimated based on consultation with the Project Applicant.

TABLE 2

ESTIMATED CONSTRUCTION SCHEDULE
Activity Estimated Duration (Work Days)
Demolition 15
Grading 10
Trail and Retaining Wall Construction 90
Striping 20
SOURCE: ESA 2021
The maximum daily regional emissions from these activities are estimated by construction phase and compared to the SCAQMD significance thresholds. Maximum daily emissions are calculated for each criteria pollutant. As shown in Table 3, emissions resulting from Project construction would not exceed any criteria pollutant thresholds established by the SCAQMD. Therefore, impacts would be considered less than significant. No mitigation is required.

Operational Impacts
Operation of the Project would not generate emissions as it would not accommodate or result in added trips from motor vehicles. Therefore, Project operations would be less than significant. No mitigation is required.

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TABLE 3
MAXIMUM REGIONAL CONSTRUCTION EMISSIONS —WITHOUT MITIGATION (POUNDS PER DAY) Source
VOC
NOx
CO
S02
PM10a
PM2.5a
Demolition

0.9 8.3

8.3 <1

0.9 0.5
Grading

0.9 8.5

8.3 <1

0.9 0.6
Trail and Retaining Wall Construction

0.8 8.5

8.0 <1

0.6 0.5
Striping

0.3 1.4

2.1 <1

0.2 0.1
Maximum Daily Emissions

0.9 8.5

8.3 <1

0.9 0.6
SCAQMD Regional Significance Thresholdsb
75 100
550
150
150
55 Exceeds Threshold?
No
No
No
No
No
No
NOTES:

Totals may not add up exactly due to rounding in the modeling calculations. Detailed emissions calculations
are provided in
Appendix A.
a Emissions include fugitive dust control measures consistent with SCAQMD Rule 403.

SOURCE: ESA 2021
b) Less than Significant Impact. The Project would result in the emission of criteria pollutants both during construction and operation for which the Project area is in non - attainment. A significant impact may occur if a project would add a cumulatively considerable contribution of a federal or state non -attainment pollutant. The Basin is currently in non -attainment for ozone, PM10, and PM2.5 (SCAQMD 2016b).

The SCAQMD's approach for assessing cumulative impacts related to operations is based on attainment of ambient air quality standards in accordance with the requirements of the Federal and State Clean Air Acts. As discussed earlier, the SCAQMD has developed a comprehensive plan, the 2016 AQMP, which addresses the region's cumulative air quality condition.

A significant impact may occur if a project were to add a cumulatively considerable contribution of a federal or state non -attainment pollutant. The Basin is currently in non - attainment for ozone (federal and state standards), PM10 (state standards only) and PM2.5 (federal and state standards); therefore, related projects could cause ambient concentrations to exceed an air quality standard or contribute to an existing or projected air quality exceedance. Cumulative impacts to air quality are evaluated under two sets of thresholds for CEQA and SCAQMD.

In particular, CEQA Guidelines Section 15064(h)(3) provides guidance in determining the significance of cumulative impacts. Specifically, Section 15064(h)(3) states in part that:
`A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem (e.g., water quality control plan, air quality Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 20 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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plan, integrated waste management plan) within the geographic area in which the project is located. Such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency ... "
For purposes of the cumulative air quality analysis with respect to CEQA Guidelines Section 15064(h)(3), the Project's incremental contribution to cumulative air quality impacts is determined based on compliance with the SCAQMD adopted 2016 AQMP.

As discussed previously under Response III(a), the Project would be consistent with the 2016 AQMP and would not have a cumulatively considerable air quality impact. The SCAG Regional Transportation Plan/Sustainable Communities Strategies (RTP/SCS) projects that employment in Riverside County would increase from 849,000 in 2020 to 1,112,000 in 2035, an increase of 263,000 jobs. Although the Project's employment would increase temporarily during construction compared to existing conditions, the Project would generate up to 10 jobs during each phase of construction. This temporary growth in employment would account for 0.00004 percent of the projected increase in employment and would be well within the employment projections for the County of Riverside.

As the Project is not part of an ongoing regulatory program, the SCAQMD also recommends that project -specific air quality impacts be used to determine the potential cumulative impacts to regional air quality. As discussed above under Response III(a), peak daily emissions of construction and operation -related pollutants would not exceed SCAQMD regional significance thresholds. By applying SCAQMD's cumulative air quality impact methodology, even though implementation of the Project would result in an addition of criteria pollutants, in conjunction with related projects in the region, cumulatively significant impacts would not occur. In addition, as discussed in Response 111(c) below, construction of the Project is not expected to result in a cumulatively considerable net increase of any criteria pollutant for which the SCAQMD has established a localized impact threshold. Therefore, the emissions of non -attainment pollutants and precursors generated by the Project would be less than significant and would not result in a cumulatively considerable air quality impact. No mitigation is required.
c) Less than Significant Impact. Certain population groups are especially sensitive to air pollution and should be given special consideration when evaluating potential air quality impacts. These population groups include children, the elderly, persons with pre-existing respiratory or cardiovascular illness, and athletes and others who engage in frequent exercise. As defined in the SCAQMD CEQA Air Quality Handbook, a sensitive receptor to air quality is defined as any of the following land use categories: (1) long-term health care facilities; (2) rehabilitation centers; (3) convalescent centers; (4) retirement homes; (5) residences; (6) schools; (7) parks and playgrounds; (8) child care centers; and (9) athletic fields. Sensitive receptors within a quarter -mile radius of the Project Site include residential land uses to the west and east and Chaparral High School, which is 0.23 miles northeast of the Project Site.

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The localized air quality analysis was conducted using the methodology described in the SCAQMD Localized Significance Threshold Methodology (June 2003, revised July 2008), which relies on on -site mass emission rate screening tables and project -specific dispersion modeling typically for sites greater than five acres, as appropriate (SCAQMD, 2008). The localized significance thresholds are applicable to NOx, CO, PM10, and PM2.5.

For NOx and CO, the thresholds are based on the ambient air quality standards. For PM10 and PM2.5, the thresholds are based on requirements in SCAQMD Rule 403 (Fugitive Dust) for construction and Rule 1303 (New Source Review Requirements) for operations.

The SCAQMD has established screening criteria that can be used to determine the maximum allowable daily emissions that would satisfy the localized significance thresholds and therefore not cause or contribute to an exceedance of the applicable ambient air quality standards without project -specific dispersion modeling. The screening criteria depend on: (1) the area in which the project is located, (2) the size of the project area, and (3) the distance between the project area and the nearest sensitive receptor.

SCAQMD's Methodology clearly states that "off -site mobile emissions from the Project should not be included in the emissions compared to localized significance thresholds (LSTs)." Therefore, for purposes of the LST analysis, only emissions included in the CalEEMod "on -site" emissions outputs were considered, plus the truck idling emissions (e.g., haul trucks and vendor trucks) that were calculated separately using the EMFAC emission factors for heavy -heavy-duty (HHD) vehicles. The closest existing sensitive receptors to the Project are located to the west of the existing SGCT. The localized significance threshold used for the localized significance impact analysis were based on a one -acre site in the Temecula Valley Source -Receptor Area with sensitive receptors located adjacent to the Project Site (i.e., 25 meters).

Construction Emissions
Table 4 identifies the localized impacts at the nearest receptor location in the vicinity of the Project Site without mitigation. The localized emissions during construction activity would not exceed SCAQMD's localized significance thresholds. Therefore, impacts would be less than significant. No mitigation is required.

Operational Emissions
According to SCAQMD LST methodology, LSTs would apply to the operational phase of a proposed project if the project includes stationary sources or attracts mobile sources that may queue and idle at the site (e.g., warehouse or transfer facilities). With regard to on -site sources of emissions, the Project would not generate emissions resulting from sources such as natural combustion (on -site natural gas consumption for heating, such as natural gas combustion in broilers and water heaters). Therefore, impacts would be less than significant. No mitigation is required.

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TABLE 4
MAXIMUM LOCALIZED CONSTRUCTION EMISSIONS — WITHOUT MITIGATION (POUNDS PER DAY Source
NOx
CO
PM101
PM2.51
Demolition

7.3 7.6

0.7 0.4
Grading

7.4 7.7

0.7 0.6
Trail and Retaining Wall Construction

8.2 7.4

0.4 0.4
Striping

1.4 1.8

0.1 0.1
Maximum Daily Emissions

8.2 7.7

0.7 0.6
SCAQMD Localized Significance Thresholds'
162
750
4 3
Exceeds Threshold?
No
No
No
No
NOTES:

Totals may not add up exactly due to rounding in the modeling calculations. Detailed emissions calculations are provided
in
Appendix A.
a Emissions include fugitive dust control measures consistent with SCAQMD Rule 403. b Localized Significance Thresholds (LST) were for a 1-acre project site with a 25-meter receptor distance.

SOURCE: ESA 2020
Carbon Monoxide Hotspot
A carbon monoxide (CO) hotspot is an area of localized CO pollution that is caused by severe vehicle congestion on major roadways, typically near intersections. Projects may worsen air quality if they increase the percentage of vehicles in cold start modes by two percent or more; significantly increase traffic volumes (by five percent or more) over existing volumes; or worsen traffic flow, defined for signalized intersections as increasing average delay at intersections operating at Level of Service (LOS) E or F or causing an intersection that would operate at LOS D or better without the Proposed Project, to operate at LOS E or F.

CO decreased dramatically in the Basin with the introduction of the automobile catalytic converter in 1975. No exceedances of CO have been recorded at monitoring stations in the Basin in recent years and the Basin is currently designated as a CO attainment area for both the California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS). As discussed below, it is not expected that CO levels at project -impacted intersections would rise to such a degree as to cause an exceedance of these standards.

Construction
While construction -related traffic on the local roadways would increase the existing daily traffic volumes on local roadways, construction vehicle trips, would be limited to a maximum of 10 workers and 4 trucks per day. As discussed in Response XVII, Transportation, any delays due to construction trips would be temporary and not considered to be significant and would therefore not result in CO hotspots. Additionally, construction -related vehicle trips would only occur in the short-term and would cease once Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 23 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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construction activities have been completed. Therefore, impacts related to CO hotspots during Project construction would be less than significant. No mitigation is required.

Operation
Operation of the Project would not generate emissions as it would not accommodate or result in added trips from motor vehicles. Therefore, impacts related to CO hotspots during Project operation would be less than significant. No mitigation is required.

Toxic Air Contaminants
Concentrations of toxic air contaminants (TACs), or in federal parlance, hazardous air pollutants (HAPs), are also used as indicators of ambient air quality conditions. A TAC is defined as an air pollutant that may cause or contribute to an increase in mortality or in serious illness, or that may pose a hazard to human health. TACs are usually present in minute quantities in the ambient air; however, their high toxicity or health risk may pose a threat to public health even at low concentrations.

Sensitive receptors are located adjacent to the Project Site. SCAQMD recommends that construction health risk assessments be conducted for substantial sources of diesel particulate matter (DPM) emissions (e.g., earth -moving construction activities) in proximity to sensitive receptors and has provided guidance for analyzing mobile source diesel emissions. However, localized DPM emissions (strongly correlated with PM2.5 emissions) are less than significant (as shown in Table 4, above). Although the localized analysis does not directly measure health risk impacts, it does provide data that can be used to evaluate the potential to cause health risk impacts. The low level of PM2.5 emissions coupled with the short-term duration of construction activity resulted in an overall low level of DPM concentrations in the vicinity of the Project Site. Furthermore, compliance with the CARB Airborne Toxic Control Measures (TACM) anti -idling measure, which limits idling to no more than five minutes at any location for diesel - fueled commercial vehicles, further minimized DPM emissions in the vicinity of the Project Site. Sensitive receptors would be exposed to emissions below thresholds, and construction TAC impacts are less than significant.

SCAQMD recommends that operational health risk assessments be conducted for substantial sources of DPM emissions (e.g., truck stops and warehouse distribution facilities) in proximity to sensitive receptors and has provided guidance for analyzing mobile source diesel emissions. The Project would not generate truck trips. Therefore, based on the limited activity of TAC sources and TAC concentrations at off -site sensitive receptors, the Project would not warrant the need for a health risk assessment associated with on -site operational activities. Impacts related to TACs would be less than significant.
d) Less than Significant Impact. Potential activities that may emit odors during construction activities include the use of architectural coatings and solvents and the combustion of diesel fuel in on- and off -road equipment. SCAQMD Rule 1113 would limit the amount of VOCs in architectural coatings and solvents. In addition, the Project Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 24 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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would comply with the applicable provisions of the CARB Air Toxics Control Measure regarding idling limitations for diesel trucks. Furthermore, construction odor emissions would be temporary, short-term, and intermittent in nature and would cease upon completion of construction. Through adherence with mandatory compliance with SCAQMD Rules, no construction activities or materials are expected to create objectionable odors affecting a substantial number of people. Therefore, construction of the Project would result in less than significant impacts. No mitigation is required.

The Project consists of demolishing the existing overcrossing of the SGCT and construction of the proposed shared -use path and infrastructure under Margarita Road along the Santa Gertrudis Creek. Operation of the Project would not create objectionable odors. Impacts would be less than significant.

References
South Coast Air Quality Management District (SCAQMD). 2003, revised 2008. Localized Significance Thresholds. http://www.agmd.gov/home/regulations/cegaJair-quality- analysishandbook/localized-significance-thresholds, accessed October 2020. 2012. Air Quality Management Plan. Chapter 4 Control Strategy and Implementation. 2015. Air Quality Significance Thresholds. March, 2015. 2016a. National Ambient Air Quality Standards and California Ambient Air Quality Standards Attainment Status for South Coast Air Basin. Available:
http://www.agmd . gov/docs/default-source/clean-air-plans/air-quality-management- plans/naags-caaqs-feb20l6.pdf, accessed February 2021
. 2016b. National Ambient Air Quality Standards and California Ambient Air Quality Standards Attainment Status for South Coast Air Basin. Available:
http://www.agmd . gov/docs/default-source/clean-air-plans/air-quality-management- plans/naags-caaqs-feb20l6.pdf, accessed February 2021.

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Biological Resources
Less Than
Potentially Significant with
Less Than
Significant Mitigation
Significant
Issues (and Supporting Information Sources):

Impact Incorporated
Impact No Impact
IV.

BIOLOGICAL RESOURCES —Would the project:
a)
Have a substantial adverse effect, either directly or
El 0
through habitat modifications, on any species
identified as a candidate, sensitive, or special -status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b)
Have a substantial adverse effect on any riparian
El0
F-1 El
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
c)
Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
d)
Interfere substantially with the movement of any
0 El
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e)
Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f)
Conflict with the provisions of an adopted Habitat
El
El El
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
Discussion
A site reconnaissance was conducted in January of 2021, the results of which were compiled in a Biological Technical Report (BTR) (ESA 2021a) and an Aquatic Resources Delineation Report (ARDR) (ESA 2021b). The information included in this section is derived from the BTR (see Appendix B) and ARDR (see Appendix Q. For the purposes of this section, the Survey Area will refer to the Project Site and a surrounding 500-foot buffer. a) Less than Significant Impact with Mitigation Incorporated. The California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) Online Inventory were queried for reported locations of special -status plant and wildlife species in the U.S. Geological Survey (USGS) Bachelor Mtn., Fallbrook, Lake Elsinore, Murrieta, Pechanga, Romoland, Temecula, Wildomar and Winchester, California 7.5- minute quadrangles, to determine the potential for these sensitive resources to occur within the general vicinity of the Survey Area. The USFWS Critical Habitat Portal was queried to identify whether critical habitat occurs within the vicinity of the Survey Area, as well.

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Critical Habitat
The USFWS Critical Habitat Portal revealed that critical habitat does not occur within or adjacent to the Project Site; therefore, the Proposed Project is expected to have no impact on critical habitat.

Special -Status Plant Species
One special -status plant species, smooth tarplant, has a moderate to high potential to occur immediately adjacent to the Project site. However, this species is a criteria survey area plant species, as defined in Section 6.3.2 of the western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), and the Project site is not situated within a criteria plant survey area. Therefore, surveys for this species are not required and the Proposed Project is expected to have no impact on special -status plant species.

Nesting Birds and Raptors
Numerous passerine and raptor species may utilize the habitats that occur within 500 feet of the Project Site to forage and breed. Activities associated with the Proposed Project may negatively affect nesting birds that are protected in accordance with the MBTA and Fish and Game Code. However, the implementation of Mitigation Measure BI0-1 and BIO-2 will ensure that impacts to nesting birds and raptors as a result of the Project are less than significant.

Mitigation Measure BI0-1: Nesting Birds and Raptors. To avoid impacts to nesting birds, work activities within 500 feet of suitable nesting habitat shall be timed to avoid the season when nests may be active (January 15 to September 15).

If work activities occur within the nesting season (generally defined as January 15 through September 15), a qualified biologist shall conduct a focused survey within 30 days of the anticipated start date, and no less than 3 days prior to ground disturbance, to identify any active nests within 500 feet of the development footprint. If an active nest is found, the nest should be avoided and a suitable buffer zone should be delineated in the field where no impacts should occur until the chicks have fledged the nest, or has otherwise been deemed inactive by a qualified biologist. Construction buffers should be 300 feet for passerines or up to 500 feet for raptors; however, avoidance buffers may be reduced at the discretion of the biologist, depending on the location of the nest and species tolerance to human presence and construction -related noises and vibrations.

Mitigation Measure BI0-2: General Minimization and Avoidance Measures.

The following measures shall be implemented to further prevent impact to sensitive wildlife during construction activities.

Prior to commencement of the Project, a Workers Environmental Awareness Program (WEAP) should be prepared and presented to construction crews. The WEAP should provide an overview of all sensitive resources that occur or may occur within the Survey Area, and the appropriate steps that should be taken, should such resources be observed during construction activities. The WEAP should concentrate Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 27 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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on the proper identification of sensitive resources while in the field, suggested strategies in avoiding impact to such resources, and the proper reporting methods for field crews in the event that such resources are observed during construction activities.
• Prior to the commencement of construction activities, construction personnel should check under stationary equipment to ensure no wildlife species are present.
• All project related trash should be collected daily and taken offsite for proper disposal.

Special -Status Wildlife Species
Based on the presence of suitable habitat, eight special -status wildlife species have a moderate to high potential to occur within 500 feet of the Proposed Project Site. These include the Cooper's hawk (Accipiter cooperii), coastal western whiptail (Aspidoscelis tigris ssp. stejnegeri), pallid bat (Antrozous pallidus), least Bell's vireo, yellow warbler (Dendroica petechia ssp. brewsteri), yellow -breasted chat (Icteria vixens), Yuma myotis (Myotis yumanensis) and coast horned lizard (Phrynosoma blainvillii), which are discussed in further detail below.

Birds
Least Bell's Vireo
The least Bell's vireo is a covered species and is addressed in Section 6.1.2 of the MSHCP. If deemed present within 500 feet of the Project Site, direct impacts to occupied habitat through the temporary removal of the 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest; and/or the indirect disturbance to nesting individuals may occur as a result of the Proposed Project activities. However, with the implementation of Mitigation Measures BI0-2 and BI0-3, impacts to least Bell's vireo would be less than significant.

Mitigation Measure BI0-3: Least Bell's Vireo. Least Bell's vireo nesting season is from April 10 to July 31. If avoidance of work activities within this time period is not feasible, a pre -construction clearance survey for least Bell's vireo should be conducted (concurrent with the nesting bird survey described above, in Section 5.2) within suitable nesting habitat prior to initiation of work activities, to determine their presence or absence within 500 feet of proposed work limits. If the surveys do not result in the detection of the species within 500 feet of the proposed work limits, no further action is necessary. However, if - Least Bell's vireo are detected within the Project Site during the survey, and work activities must occur during the nesting season, the removal of the 0.024 acre of Goodding's willow -sandbar willow riparian woodland forest would result in temporary impacts to occupied habitat. Such impacts are not consistent with the MSHCP provisions and avoidance measures such as postponing work activities would likely be necessary. • Least Bell's vireo are detected within the Survey Area, outside of the project site, and the nesting season cannot be avoided, steps should be Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 28 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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taken to reduce indirect effects to nesting activity by actively reducing construction noise (to no more than 3 decibels (dBA) above pre - construction ambient noise levels) within proximity to suitable habitat and/or installing temporary construction noise barriers. If the reduction of noise is not feasible, work activities should be postponed until the nest is deemed inactive and/or the breeding season has concluded.

Yellow -Breasted Chat and Yellow Warbler
There is a moderate potential for the yellow -breasted chat and yellow warbler to occur within the Survey Area, and both are covered species under the MSHCP. These two species are expected to benefit from the protection/preservation of riparian/riverine areas (i.e., least Bell's vireo habitat), they are not individually considered triggers for the implementation Section 6.1.2 of the MSHCP. The implementation of Mitigation Measure BI0-1 and BI0-2 would ensure that impacts to the yellow -breasted chat and yellow warbler as a result of the Project are less than significant.

Cooper's Hawk
Cooper's hawk is a covered species under the MSHCP and, assuming project activities do not result in an impact to an active nest, no further actions would be necessary. The implementation of Mitigation Measure BI0-1 and BI0-2 would ensure that impacts to Cooper's hawk as a result of the Project are less than significant.

Mammals
The pallid bat and the Yuma myotis may forage and roost within 500 feet of the Project Site and may be affected as a result of the proposed construction. However, with the implementation of Mitigation Measures BI0-2 and BI04, impacts to mammals would be less than significant.

Mitigation Measure BI04: Bats. Prior to commencement of construction activities, within or outside of the bat maternity roosting season, a qualified biologist shall conduct a pre -construction clearance survey of suitable habitat for pallid bat and Yuma myotis, within 500 feet of the Project Site. If roosting bats are identified, the biologist will determine whether there is a day roost (non - breeding) or maternity roost (lactating females and dependent young).

If a day roost is determined to be present, the biologist should ensure that direct mortality to roosting individuals will not occur; this may include the installation of exclusionary flagging or some other similar protective measure, for example, to prevent ingress. In general, disturbances to day roosts as a result of noise or other indirect impact is not generally considered significant, as it would not cause direct mortality of individuals and would not be expected to reduce populations to below self-sustaining levels. If removal of any trees supporting a day roost would occur, the biologist will ensure that all roosting individuals disperse from the location prior to removal of the vegetation to prevent direct mortality.

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If a maternity roost is observed, the biologist will determine whether construction activities are likely to disturb breeding activities. If it is determined that the vegetation or infrastructure supporting the roost must be removed/modified or the construction activities are expected to disturb breeding, a Bat Exclusion Plan should be prepared. At a minimum, the plan should include avoidance and minimization measures to reduce potential impacts to breeding bats during construction activities and prescribed methods to safely and humanely evict bats from the roost in order to minimize any potential impacts. Typically, avoidance measures require construction to occur outside of maternity season.

Reptiles
The coast horned lizard and coastal western whiptail may occur within 500 feet of the project site and may be affected as a result of the proposed construction; however, these two covered species are considered "adequately covered" under the MSHCP. Therefore, no further action is necessary.
b) Less than Significant with Mitigation Incorporated. Sensitive natural communities are defined by the California Department of Fish and Wildlife (CDFW) as those natural communities that have a reduced range and/or are imperiled as a result of residential and commercial development, agriculture, energy production, and mining, or an influx of invasive and other problematic species. Vegetation communities are evaluated using NatureServe's Heritage Methodology, which is based on the knowledge of range and distribution of a specific vegetation type and the proportion of occurrences that are of good ecological integrity. Evaluation is done at both a global (natural range within and outside of California [G]) and subnational (State level for California [S]) level, each ranked from 1 ("critically imperiled" or very rare and threatened) to 5 (demonstrably secure). Natural communities and habitats with state ranks of S1 through S3 are considered sensitive natural communities and may require review when evaluating environmental impacts.

Goodding's willow -sandbar willow riparian woodland/forest has a global and state evaluation of G4/S3 and Hardstem bulrush marsh an evaluation of GNR/S3; therefore, both are designated as sensitive natural communities. The Proposed Project would result in the temporary impact of approximately 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest and 0.038 acre of hardstem bulrush marsh (at total of

0.062 acre) during the replacement of articulated concrete blocks along the bed of Santa Gertrudis Creek. These temporary impacts could be mitigated via reseeding/supplemental planting efforts; however, because the Riverside County Flood Control and Water Conservation District conducts routine maintenance within the channel, this would likely not be feasible. Therefore, the incorporation of Mitigation Measure BIO-5, Preparation of a Determination of Biologically Equivalent or Superior Preservation (DBESP), would ensure that impacts to sensitive natural communities as a result of the Project, are less than significant.

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Mitigation Measure BI0-5: Preparation of a DBESP. To mitigate for the temporary removal of 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest and 0.038 acre of hardstem bulrush (totaling 0.062 acre), a Determination of Biologically Equivalent or Superior Preservation (DBESP), as described in Section 6.1.2 of the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) shall be prepared. The DBESP shall include an overview of how impacts to the Goodding's willow -sandbar willow and hardstem bulrush marsh would be temporary and because reseeding/supplemental planting efforts are not feasible, would be mitigated through the purchase of credits from the Barry Jones (Skunk Hollow) Wetland Mitigation Bank. c) Less than Significant Impact with Mitigation Incorporated. It is presumed that aquatic resources that fall under the jurisdiction of the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and CDFW; and meet the criteria for a riparian/riverine area within the MSHCP, occur within the Proposed Project Site and would be impacted temporarily by construction activities.

However, with the incorporation of Mitigation Measure 11I0-5, the preparation of a DBESP, and the assumption that the Project Applicant would enter into the appropriate permit agreements with the USACE (CWA Section 404 permit), CDFW (Section 1602, Streambed Alteration Agreement) and RWQCB (CWA Section 401 permit), impacts to aquatic resources would be less than significant.
d) Less than Significant Impact. Wildlife movement corridors are pathways (i.e., habitat linkages) that connect discrete areas of natural open space otherwise separated or fragmented by topography, changes in vegetation, and other natural or human -induced factors, such as urbanization. Santa Gertrudis Creek provides suitable foraging and breeding habitat for wildlife within the Survey Area, as well as an opportunity for large- scale movement between contiguous habitat present both upstream and downstream of the Survey Area.

The installation of fencing between the proposed trail and the Santa Gertrudis Creek may prevent ingress/egress of wildlife within the Project Site; however, the large-scale movement of wildlife through the Survey Area (along Santa Gertrudis Creek), is not expected to be affected by the Proposed Project. Further, construction is expected to take place during the daytime hours, when movement throughout the Survey Area is less frequent and at a lesser scale. The impact to wildlife movement corridors as a result of the project would be less than significant.
e) No Impact. Pursuant to Riverside County Ordinance No. 559, "No person shall remove any living native tree on any parcel or property greater than one-half acre in size, located in an area above 5,000 feet in elevation and within the unincorporated area of the County of Riverside, without first obtaining a permit to do so, unless exempted by provisions of Section 4 of this ordinance." According to the BTR, numerous native trees (e.g., Salix spp.) occur within the Goodding's willow -sandbar willow riparian woodland/forest located within the Project Site. However, the elevation at the Project Site is under 2,000 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 31 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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feet; therefore, these native trees are not protected pursuant to Riverside County Ordinance No. 559.

As indicated by the City of Temecula Heritage Tree Ordinance Chapter 8.48 of the Municipal Code, oak (Quercus agrifolia, Quercus dumosa, Quercus engelmannii, Quercus berberidifolia, Quercus lobata), California bay laurel, California black walnut, California Holly, California Sycamore trees and other trees of special significance to the community are protected. However, no protected trees were identified within the Project Site. Therefore, no impact to protected trees would occur. f) Less than Significant Impact with Mitigation Incorporated. The Project Site is located within the MSHCP and the City of Temecula is a plan participant; therefore, a demonstration of consistency is necessary. A portion of the Survey Area is situated within the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR HCP) plan area, as well.

MSHCP Section 3.2.1— Public/Quasi-Public Land
The Project Site is situated entirely within Public/Quasi-Public Lands (PQP Land), which includes Santa Gertrudis Creek and adjacent areas. This portion of Santa Gertrudis Creek has been heavily modified through flood control practices and currently consists of a partially earthen bed (articulated concrete blocks extend into the margins of the creek bed) that supports limited growth of riparian, marsh and miscellaneous herbaceous vegetation; and manufactured banks, on either side of the Margarita Road bridge. The Proposed Project would involve the grading and replacement of a portion of the east bank, with the proposed pedestrian/bicycle trail relocation and new retaining wall. In addition, a portion of this manufactured bank (i.e., articulated concrete blocks) that extends into the bed of the creek would be replaced with a similar, new material that would allow for vegetation to re -grow and persist, following completion of the Project.

The trail itself would function in a similar manner to the existing manufactured banks, in that the ability to convey hydrologic flows within Santa Gertrudis Creek would remain unchanged prior to and following completion of the construction. Further, the vegetation that currently exists (i.e., riparian/marsh and grass/forb vegetation) along the bed, within the articulated concrete blocks, would be allowed to re -grow naturally and would provide the same, or similar biological function that it currently does. Therefore, the Proposed Project activities are not expected to result in the loss/degradation of PQP Land or its function and would therefore result in no impact to PQP Land.

MSHCP Section 6.1.2 — Riparian/Riverine Areas, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools
Riparian/Riverine Areas
The bed and banks of Santa Gertrudis Creek meet the criteria for riparian/riverine, as defined in the MSHCP. The Proposed Project would result in a temporary direct impact to approximately 0.387 acre of riparian/riverine, 0.062 acre of which includes native riparian/riverine vegetation (Goodding's willow —sandbar willow riparian woodland Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 32 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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forest and hardstem bulrush marsh). As mentioned above regarding impacts to PQP Land, the resulting pedestrian/bicycle trail would continue to function in a similar manner to the existing manufactured bank and would count as in -kind replacement for this portion of the riparian/riverine impacts.

The temporary impacts to approximately 0.062 acre of native riparian/riverine vegetation, resulting from the replacement of the articulated concrete blocks and access/staging, could be mitigated via reseeding/supplemental planting; however, because the Riverside County Flood Control and Water Conservation District conducts routine maintenance within the channel, this would likely not be feasible. Therefore, the incorporation of Mitigation Measure BIO-5, Preparation of a DBESP, would ensure that the impacts to riparian/riverine areas as a result of the Project are less than significant.

Least Bell's vireo
This species was not observed during the biological resources assessment; however, suitable habitat for the least Bell's vireo occurs within the approximate 1.187 acre of Goodding's willow -sandbar willow riparian woodland forest present throughout the bed of Santa Gertrudis Creek. Approximately 0.024 acre of this vegetation type would be removed (temporarily) as a result of the Project. If pre -construction clearance surveys determine that the species does not occur within Survey Area, no further action, regarding least Bell's vireo, would be necessary.

If surveys result in the detection of vireo within the Survey Area, the proposed temporary removal of 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest may result in a temporary impact to occupied habitat. Because impacts would be temporary and the vegetation would be reestablished following Project completion, construction activities outside of the nesting season (April 10—July 31) would eliminate the need for additional action/compensation, regarding vireo. However, if activities must occur during the nesting season, adjacent to occupied habitat, indirect disturbance to nesting least Bell's vireo could occur. However, with the implementation of Mitigation Measures BIO-2 and BIO-3, impacts to least Bell's vireo would be less than significant.

MSHCP Section 6.1.3 — Protection of Narrow Endemic Plant Species According to the RCA MSHCP Information Map, the Survey Area is not located within a narrow endemic plant survey area; therefore, the Proposed Project activities are not expected to result in an impact to species covered under Section 6.1.3 of the MSHCP. No narrow endemic plant species were observed during the Project Site survey; therefore, the Proposed Project will result in no impact to Narrow Endemic Plant Species.

MSHCP Section 6.1.4 — Guidelines Pertaining to the Urban/Wildlands Interface Section 6.1.4 of the MSHCP specifies that projects occurring within the urban/wildlands interface should implement appropriate storm water pollution prevention measures, prevent construction/operation noise and night lighting from entering the conservation area, prevent the spread of invasive plant species, install effective barriers to prevent trespass, and ensure that manufactured slopes do not extend into the conservation area, Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 33 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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wherever feasible. Each of these items are discussed in detail below. With the exception of Invasives, discussed in detail below, the Proposed Project will result in no impact to Section 6.1.4 of the MSHCP.

Drainage
The implementation of best management practices, as part of a Stormwater Pollution Prevention Plan (SWPPP) developed for the Project, would ensure that drainage and water quality on -site remains in compliance with the requirements outlined in Section

6.1.4 of the MSHCP. Further, once construction is complete, drainage within the Project Site is expected to return to pre -construction levels.

Toxics
The implementation of best management practices, as part of a SWPPP developed for the Project, would ensure that release of toxic chemicals that may affect wildlife and/or habitat/water quality would be prevented to the extent feasible, and would remain in compliance with the requirements outlined in Section 6.1.4 of the MSHCP. Further, once construction is complete, the Project is not expected to result in the release of any toxics.

Lighting
The Project would not include the installation of additional lighting; therefore, the Project would not result in lighting impacts to wildlife during or following completion of construction.

Noise
Ambient noise may increase temporarily during construction; however, once complete, the Project would not significantly alter current ambient noise levels within the Survey Area.

Invasives
The Project proposes to install landscaping within the Project Site. With the implementation of Mitigation Measure BI0-6, consideration of non-native plant species listed in Table 6-2 of the MSHCP, impacts associated with the Proposed Project would be less than significant.

Mitigation Measure BI0-6: Table 6-2, Plants that Should Be Avoided Adjacent to the MSHCP Conservation Area. Prior to construction, Table 6-2, Plants that Should Be Avoided Adjacent to the MSHCP Conservation Area, as detailed in Section 6.1.4 of the MSHCP, shall be reviewed during the development of the landscape plan for the Project. Species identified in Table 6-2 shall be avoided and preference shall be given to locally indigenous species.

Barriers
The Project would include the installation of a 4-foot-high chain -link fence between the proposed modified pedestrian/bicycle trail and Santa Gertrudis Creek. The proposed fence is intended to prevent trespass and potential disturbance to wildlife and other Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 34 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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resources present within the creek. The installation of the fence would serve as a barrier between public areas and the Santa Gertrudis Creek and would ensure compliance with Section 6.1.4 of the MSHCP.

Grading/Land Development
The Project would not result in an increase to the footprint of the existing manufactured slopes, within the Project Site, nor would it result in newly graded areas. Therefore, the Project is not expected to result in a change in grading/land development as described in Section 6.1.4 of the MSHCP.

MSHCP Section 6.3.2 — Additional Survey Needs and Procedures Burrowing Owl
The Survey Area is situated within a burrowing owl survey area, as indicated on the RCA MSHCP Information Map. As noted in Section 1.2, Methods, of the BTR (Appendix B), a burrowing owl habitat assessment was performed concurrent with the biological resources assessment survey. It was determined that while the Survey Area supports marginal foraging habitat for the species, no suitable burrows or other types of refuge (e.g., debris or rock piles) necessary to support burrowing owl nesting was observed. The Proposed Project would result in no impact to burrowing owl.

Smooth Tarplant
Suitable habitat for smooth tarplant occurs within and immediately adjacent to the Project Site, within the bed of Santa Gertrudis Creek. This is a covered species under the MSHCP. The Survey Area is not located within a criteria cell nor within a criteria plant survey area; therefore, surveys to determine presence/absence of this species are not required. In addition, this species was not observed during the Project Site survey. The Proposed Project would result in no impact to smooth tarplant.

MSHCP Section 7.4.2 — Conditionally Compatible Uses
The proposed trail connection would likely qualify as a regional trail under section 7.4.2 of the MSHCP, which would require that it not exceed 20 feet in width. The proposed width of the trail is expected to measure approximately 12 feet, and is therefore in compliance with this section of the MSHCP. The Proposed Project would result in no impact to Section 7.4.2 of the MSHCP.

MSHCP Section 7.5.3 — Construction Guidelines and Appendix C The implementation of Mitigation Measure BI0-7, compliance with Section 7.5.3 of the MSHCP and Appendix C of the MSHCP, would ensure that impacts associated with the Proposed Project remain less than significant.

Mitigation Measure 13I0-7: Section 7.5.3 and Appendix C of the MSHCP.

The City shall implement guidelines described under Section 7.5.3 and Appendix C of the MSHCP, prior to, during, and following the completion of Project activities.

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Stephens' Kangaroo Rat Habitat Conservation Plan
The Survey Area north of Margarita Road extends partially into the SKR HCP plan area.

However, suitable habitat for the Stephens' kangaroo rat was not identified during the site reconnaissance. Further, the Project would be exempt from payment into the SKR HCP because it involves the rehabilitation of an existing structure. The Proposed Project is expected to have no impact to resources associated with the SKR HCP.

References
ESA. 2021 a. Biological Technical Report. Prepared February 2021. Provided as Appendix B.

ESA. 202lb.Aquatic Resources Delineation Report. January 2021. Provided as Appendix C.

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Cultural Resources
Less Than
Potentially
Significant with
Less Than
Significant
Mitigation
Significant
Issues (and Supporting Information Sources):

Impact
Incorporated
Impact
No Impact
V. CULTURAL RESOURCES — Would the project:
a) Cause a substantial adverse change in the
❑
❑X
❑
❑
significance of a historical resource pursuant to
§15064.5?
b) Cause a substantial adverse change in the
❑
❑X
❑
❑
significance of an archaeological resource pursuant to
§15064.5?
c) Disturb any human remains, including those interred
❑
®
❑
❑
outside of dedicated cemeteries?
Discussion
The following discussion is based on Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project — Cultural Resources Assessment (Vader, 2021), included as confidential Appendix D. The report includes a records search at the Eastern Information Center (EIC) housed at University of California, Riverside; a desktop subsurface archaeological sensitivity assessment; and a cultural resources survey of the Area of Potential Effects (APE), which includes the Project Site plus a 25-foot buffer.
a) Less than Significant Impact with Mitigation Incorporated. The EIC records search indicates six cultural resources have been previously recorded within a 1-mile radius of the Project Site. Of these six cultural resources, one is a prehistoric archaeological site consisting of a lithic and groundstone scatter (P-33-001730), and five are prehistoric isolates (P-33-012381,-012382,-012383,-012384, and-012385). None of these previously recorded resources are located within or immediately adjacent to the Project Site. A desktop review of geologic maps and soils data was conducted to assess the potential for subsurface archaeological deposits within the APE. The late Pleistocene to Holocene -age younger alluvial channel deposits mapped at surface in the APE are of appropriate age to contain subsurface archaeological deposits. However, given the degree of past disturbance associated with the construction of the Santa Gertrudis Creek Channel, the APE has moderate sensitivity for the presence of subsurface archaeological resources. The cultural resources survey found the Project area is largely comprised of paved surfaces and engineered slopes, and no cultural resources were identified as a result.

As a result of the archival research and cultural resources survey conducted for the Project, no cultural resources have been identified within APE. However, the likelihood for encountering subsurface archaeological deposits within the APE during Project construction is moderate. In the event that subsurface archaeological deposits are encountered during Project implementation, they may qualify as historical resources or unique archaeological resources pursant to CEQA and may subject to significant impacts.

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impacts to unknown archaeological deposits that could qualify as historical resources would be reduced to less than significant.

Mitigation Measure CUL-1: Retention of a Qualified Archaeologist. Prior to the start of ground -disturbing activities, the City shall retain a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology (U.S. Department of the Interior, 2012) to carry out the following measures.

Mitigation Measure CUL-2: Sensitivity Training. Prior to the start of ground - disturbing activities, construction personnel shall be trained in the identification of cultural resources. Prior to earth moving activities, the qualified archaeologist shall conduct cultural resources sensitivity training for all construction personnel.

Construction personnel shall be informed of the types of archaeological resources that may be encountered, and of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. The City shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance.

Mitigation Measure CUL-3: Monitoring of Ground -Disturbing Activities.

An archaeological monitor (working under the direction of the qualified archaeologist) shall observe all subsurface ground -disturbing activities. A Native American monitor from the Pechanga Band of Luiseno Indians shall also be present to observe subsurface ground -disturbing activities. The qualified archaeologist, in coordination with the City and Pechanga Band of Luiseno Indians, may reduce or discontinue monitoring if it is determined that the possibility of encountering buried archaeological deposits is low based on observations of soil stratigraphy or other factors. Construction monitoring shall be conducted by an archaeologist familiar with the types of archaeological resources that could be encountered within the project site. The archaeological monitor and Native American monitor, in coordination with the construction manager or resident engineer, shall be empowered to request the halting or redirecting of ground -disturbing activities away from the vicinity of a discovery until the qualified archaeologist has evaluated the discovery and determined appropriate treatment. The archaeological monitor shall keep daily logs detailing the types of activities and soils observed, and any discoveries. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring. The report shall be submitted to the City, as well as the Pechanga Band of Luiseno Indians upon request. A copy of the final report shall be filed at the Eastern Information Center Mitigation Measure CUL-4: Inadvertent Archaeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 38 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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or cultural importance as determined in consultation with the Native American Tribe(s).
i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources.
iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed.
iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or re -burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non -Disclosure of Reburial Condition. v. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the project archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan.
vi. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe.

Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.
b) Less than Significant Impact with Mitigation Incorporated. As noted above under Response V.(a), no known archaeological resources were identified within the Project area as a result of the cultural resources assessment report prepared for the Project.

Further, the likelihood for encountering unknown subsurface archaeological deposits within the Project area during proposed construction is moderate. As such, there is Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 39 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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potential for Project implementation to impact unknown subsurface archaeological deposits that would qualify as unique archaeological resources. With the incorporation of Mitigation Measures CUL-1 through CUL-4, potential impacts to unknown archaeological deposits that could qualify as unique archaeological resources would be reduced to less than significant.
c) Less than Significant Impact with Mitigation Incorporated. No known formal or informal cemeteries or other burial places are known to exist within the Project area.

However, because the Project would involve ground -disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains.

Implementation of Mitigation Measure CUL-5 would reduce potential impact to unknown human remains to less than significant.

Mitigation Measure CUL-5: Human Remains. If human remains are encountered, the contractor shall halt work in the vicinity (within 100 feet) of the find and contact the Riverside County Coroner in accordance with PRC Section 5097.98 and Health and Safety Code Section 7050.5. If the County Coroner determines that the remains are Native American, the California Native American Heritage Commission (NAHC) will be notified in accordance with Health and Safety Code Section 7050.5, subdivision (c), and PRC Section 5097.98 (as amended by Assembly Bill 2641). The NAHC will designate a Most Likely Descendent (MLD) for the remains per PRC Section 5097.98. Until the landowner has conferred with the MLD, the contractor shall ensure that the immediate vicinity where the discovery occurred is not disturbed by further activity, is adequately protected according to generally accepted cultural or archaeological standards or practices, and that further activities take into account the possibility of multiple burials.

References
U.S. Department of the Interior, National Park Service. 2012. Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (As Amended and Annotated), www.nps.gov/history/local- law/arch_stnds_O.htm, accessed November 4, 2014, 2008.

Vader, Michael. 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project — Cultural Resources Assessment. Prepared for the City of Temecula by Environmental Science Associates, May 2021.

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Energy
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact VI. ENERGY — Would the project:
a) Result in potentially significant environmental impact ❑ ❑ ❑X ❑ due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for ❑ ❑ ❑X ❑ renewable energy or energy efficiency?
Discussion
a) Less than Significant Impact. The Project would demolish the existing SGCT along the east and western sides of Margarita Road and construct the proposed shared -use path and infrastructure under Margarita Road along the Santa Gertrudis Creek. Therefore, the Project would not require energy resources during operations. The Project would improve an existing portion of the trail system, encouraging the use of bicycles while reducing the use of passenger vehicles and demand on transportation fuel. Therefore, impacts related to Project operations would be less than significant.

However, the Project would consume energy during construction activities primarily from on- and off -road vehicle fuel consumption in the form of diesel, gasoline, and electricity from water conveyance for dust control. The Project's construction contractors would comply with applicable CARB regulations governing the accelerated retrofitting, repowering, or replacement of heavy duty diesel on- and off -road equipment. CARB adopted an Airborne Toxic Control Measure to limit heavy-duty diesel motor vehicle idling time in order to reduce public exposure to diesel particulate matter and other toxic air contaminants. CARB approved the Truck and Bus regulation to reduce NOx, PM1o, and PM2.5 emissions from existing diesel vehicles operating in California. In addition to limiting exhaust from idling trucks, CARB recently promulgated emission standards for off -road diesel construction equipment of greater than 25 horsepower to reduce emissions by requiring the installation of diesel soot filters and encouraging the retirement, replacement, or repower of older, dirtier engines with newer emission -controlled models.

While intended to reduce construction criteria pollutant emissions, compliance with the above listed anti -idling and emissions regulations would also result in efficient use of construction -related energy and the minimization or elimination of wasteful and unnecessary consumption of energy. According to the CARB staff report that was prepared at the time the anti -idling ATCM was being proposed for adoption in late 2004/early 2005, the regulation was estimated to reduce non -essential idling and associated emissions of diesel particulate matter (DPM) and NOx emissions by 64 and 78 percent respectively in analysis year 2009 (CARB 2004).

These reductions in emissions are directly attributable to overall reduced idling times and fuel combustion as a result of compliance with the regulation. Project compliance with Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 41 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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CARB regulations would result in energy savings, assuming a fuel reduction equivalent to the percent reduction of DPM or NOx as estimated by CARB for 2009 (the lesser value, i.e., 64 percent, is used as a conservative assumption). Heavy-duty engines continue to become more efficient and reduction amounts may lessen in the future due to this. Although the energy savings cannot be accurately quantified, the Project would still reduce consumption of diesel fuel under the anti -idling measure. Construction electricity use would be temporary, sporadic, and would cease upon completion of the Project.

Electricity for water conveyance would only be used when necessary to prevent fugitive dust and would decrease after completion of excavation and paving phases when the site is paved and has less dust to control. Thus, construction of the Proposed Project would use energy necessary to build the Project, but would not result in the wasteful, inefficient, and unnecessary use of energy and impacts would be less than significant. b) Less than Significant Impact. Construction of the Project would result in a temporary increase in demand for gasoline, diesel and electricity. The Project's energy consumption primarily would result from on- and off -road fuel use from construction related vehicles totally approximately 6 gallons of gasoline and 5,988 gallons of diesel (see Appendix E for detailed calculations). The Project would require electricity from water conveyance for dust control totally approximately 0.1 megawatt hours. Natural gas would not be used during Project construction. These activities make up small percentages of total energy supplies and would cease after the construction period. Thus, construction would not cause a permanent increase in demand and impacts would be less than significant.

References
California Air Resources Board (CARB). 2004. Staff Report: Initial Statement of Reasons for Proposed Rulemaking, Airborne Toxic Control Measure to Limit Diesel -Fueled Commercial Motor Vehicle Idling, Appendix F. July 2004. https://www.arb.ca.gov/regact/ idling/idling.htm, Accessed February 2021.

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 42 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial
Declaration
Geology and Soils
Less Than
Potentially
Significant with
Less Than
Significant
Mitigation
Significant
Issues (and Supporting Information Sources):

Impact
Incorporated
Impact
No Impact
VII.

GEOLOGY AND SOILS —Would the project:
a)
Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
❑
❑
❑X
❑
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
❑
❑
❑X
❑
iii) Seismic -related ground failure, including
❑
❑
❑X
❑
liquefaction?
iv) Landslides?
❑
❑
®
❑
b)
Result in substantial soil erosion or the loss of topsoil? ❑
❑
®
❑
c)
Be located on a geologic unit or soil that is unstable, ❑
❑
®
❑
or that would become unstable as a result of the
project, and potentially result in on- or off -site
landslide, lateral spreading, subsidence, liquefaction, or collapse?
d)
Be located on expansive soil, as defined in
❑
❑
❑X
❑
Table 18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life or property?
e)
Have soils incapable of adequately supporting the use
❑
❑
❑
of septic tanks or alternative waste water disposal
systems where sewers are not available for the
disposal of waste water?
f)
Directly or indirectly destroy a unique paleontological ❑
❑
®
❑
resource or site or unique geologic feature?
Discussion
a.i) Less than Significant Impact. The City of Temecula, like the rest of Southern California, is located in a seismically active region as the result of being located near the active margin between the North American and Pacific tectonic plates. Several major faults exist in the region and have the potential to cause damage in the City. According to the Foundation Report for Retaining Walls (Foundation Report) prepared for the Project, no major faults traverse through the Project Site (Appendix F). Furthermore, the California Division of Mines and Geology (CDMG) has not identified any Alquist-Priolo Fault Zones through the Site. Therefore, the risk of ground surface rupture and related hazards at the Project Site are expected to be low.

Furthermore, the Project does not include habitable structures and is limited to the construction of trail improvements and associated facilities (i.e. storm drains sewer and water, retaining walls, utility replacements, and repaving activities). These improvements are not particularly at risk to earthquake -induced damage and would not substantially Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 43 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

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increase the potential for human loss, injury, or death as a result of fault rupture because of required compliance with federal, state and local laws and regulations that protect the public from seismic hazards.

Development of the Proposed Project would include grading and/or other ground -disturbing activities to allow for the development of the Project. The Project would be required to comply with local seismic -related guidelines and policies during construction, which would reduce the potential for risk of loss due to fault rupture. The City has prepared the Engineering and Construction Manual (last amended December 2020) to define the administrative procedures and technical requirements necessary to implement the provisions of Temecula Municipal Code Title 18 (Construction, Grading, and Encroachment). The Engineering and Construction Manual provides detailed information to regulate construction, grading, and encroachment within public rights -of -way, including roadway design standards that would be applied to the Proposed Project. Project conformance with the design measures provided in the Engineering and Construction Manual, as well as any other applicable seismic -related requirements, would ensure that Project impacts relative to potential rupture of a known earthquake fault remain less than significant. a.ii) Less than Significant Impact. According to the Public Safety Element of the City of Temecula General Plan, severe ground shaking is possible due to the presence of loosely consolidated alluvial soils (City of Temecula 2005). The County of Riverside has established Ground Shaking Zones indicating the relative level of risk based on the distance from faults and geographic characteristic of the area. The Project Site is located in Ground Shaking Zone II, where shaking is expected to vary from moderate to intense levels in the event of an earthquake, depending on the composition of underlying geologic formations, the earthquake's epicenter, and the order of magnitude of the seismic event (City of Temecula 2005).

The Proposed Project would be designed and constructed in accordance with all applicable City requirements in place to shield infrastructure from the effects of seismic ground shaking, including those identified under the City's Engineering and Construction Manual, as well as the goals and policies outlined in the Public Safety Element of the City's General Plan (City of Temecula 2005; 2020). Additionally, the Proposed Project would be constructed in compliance with the existing seismic safety regulations of the California Building Code (CBC). As described above, the Project does not involve the construction of aboveground habitable structures, and its implementation would not increase the potential for human loss, injury, or death. As such, impacts would be less than significant. a.iii) Less than Significant Impact. Liquefaction and seismically -induced settlement or ground failure is generally related to strong seismic shaking events where the groundwater table occurs at a relatively shallow depth (generally within 50 feet below ground surface) or where lands are underlain by loose, cohesionless deposits. Liquefaction generally results in the loss of shear strength of a soil which occurs due to the increase of pore water pressure caused by the rearrangement of soil particles induced by shaking or vibration. During liquefaction, soil strata typically behave similar to a heavy fluid.

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 44 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Negative Declaration
According to the Public Safety Element of the City's General Plan, the Project Site is located within an area that is susceptible to liquefaction (City of Temecula 2005).

Construction of the Project would include grading, placement of fills soils, relocation and construction of underground utilities, and construction and/or replacement or retaining walls, which could increase the potential for liquefaction to occur within the Project Site.

However, all placement and compaction of any fill material for the Proposed Project would be performed in accordance with the City's grading standards and to the satisfaction of a qualified geotechnical engineer. Earthwork for the roadway improvements would be performed in accordance with the City's Standard Drawings (2020).

Furthermore, as stated in the Foundation Report prepared for the Proposed Project (Appendix F), liquefiable soil layers were encountered about 45 to 50 feet below the existing ground surface of SCGT. However, the Project Site is immediately adjacent to the Santa Gertrudis Creek, which may result in sensitivities to groundwater fluctuations inside and outside of the creek and result in liquefiable conditions. As discussed in the Foundation Report, it is likely that some tilting of the retaining wall may occur due to liquefaction, however, no collapse is anticipated (Appendix F).

To reduce the potential for tilting or collapse of the retaining walls or other Project components, the Project would be required to comply with all applicable General Plan policies and local codes and regulations regulating the effects of liquefaction, including those identified under the California Building Code (CBC), Greenbook Standard Specifications for Public Works Construction, Caltrans Standard Plans, and the City's Engineering and Construction Manual. Due to the nature of the Project, implementation of the Project would not significantly expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic ground failure. A less than significant impact would occur.
a.iv) Less than Significant Impact. According to the California Geologic Survey the Project Site is not listed as being in a known landslide zone (CGS 2020).

Construction of the Project includes the removal of existing pavements and bringing soils up to 5 percent grade, which would require approximately 175.72 CY of materials to be imported. In addition, the Project would construct a Caltrans Type 5 retaining wall on the channel slope. The retaining wall would be designed to be consistent with the safety parameters of the Caltrans 2018 Standard Specifications and Standard Special Provisions, which include seismic design parameters to limit effects of landslides (Caltrans 2018). A ground anchor wall (GAW) is also proposed below the Margarita Road undercrossing, which would be used to retain the abutment end slope. As discussed above in Response VII(a.iii), compliance with the CBC, City of Temecula requirements, and Caltrans requirements would reduce the potential for construction and operation of the Project to result in substantial risk due to landslides. As such, potential impacts related to landslides would be less than significant.

Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 45 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022

Final Initial Study/Mitigated Neqative Declaration
b) Less than Significant Impact. Soil erosion is most prevalent in unconsolidated alluvium and surficial soils and in areas that have slopes. According to the Foundation Report, the Project Site is underlain predominately by sandy soils; an upper layer consisting of clayey sand and silty sand, and a lower sand layer consisting of clayey sand (Appendix F).

Construction activity associated with the Proposed Project would result in disturbance to soils that could expose them to potential erosive forces, such as wind and water. All earth -disturbing activities associated with construction of the Project would be temporary, and erosion effects would depend largely on the characteristics of soils disturbed, the quantity of disturbance, and the length of time soils are subject to conditions that would be affected by erosion processes. All design and construction considerations would be in compliance with the Foundation Report and the City of Temecula's Grading, Erosion and Sediment Control Ordinances (Ordinance Nos. 04-04, 08-09, 13-01), California Code of Regulations Caltrans Standard Specifications and Standard Special Provisions, and Chapter 70 of the CBC, which regulates grading activities, including drainage and erosion control. Furthermore, as discussed in the Water Quality Management Plan (WQMP) for the Project, the Project would be required to apply standard best management practices (BMPs), such as site design BMPs and source control BMPs to reduce the potential for erosion or siltation (Appendix G). With incorporation of applicable codes, regulations, and policies, impacts regarding soil erosion and siltation would be less than significant.

Once construction activities are completed, the proposed shared -use trail would be paved and the remaining of the Project Site would be revegetated, which would reduce the potential for substantial erosion or loss of topsoil. Furthermore, as the Project would be constructed on the existing channel slope, the drainage patterns into the creek would remain the same where the potential for erosion and/or loss of topsoil would be similar to existing conditions. Operation of the Project would not include any additional ground disturbing activities and users of the Project would stay primarily on the paved shared - use path, which would reduce the potential for erosion or loss of topsoil. As such, impacts regarding soil erosion or loss of topsoil would be less than significant. c) Less than Significant Impact. As discussed above in Responses VII(a.iii) and VII(a.iv), the Project would include the construction of retaining walls along the existing channel wall of Santa Gertrudis Creek, which may result in the potential for soil -stability issues during construction. However, BMPs included in the WQMP would include source control and site design measures to minimize construction -related impacts and maintain soil stability at less than significant levels.

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