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Temecula City Council
July 12, 2022

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July 12, 2022
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Temecula City Council
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Item No. 13

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
JUNE 14, 2022
CALL TO ORDER at 7:08 PM: President James Stewart
ROLL CALL: Alexander (absent), Edwards, Rahn (absent), Schwank, Stewart CSD PUBLIC COMMENTS -None

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

Approved the Staff Recommendation (3-0, Alexander and Rahn absent): Motion by Edwards, Second by Schwank. The vote reflected unanimous approval with Alexander and Rahn absent.

24. Approve Action Minutes of May 24, 2022
Recommendation: That the Board of Directors approve the action minutes of May 24, 2022.

25. Approve the Artworks Selected by the Members of the Utility Box Art Project Selection Committee
Recommendation: That the Board of Directors approve the artworks selected by the members of the Utility Box Art Project Selection Committee to be reproduced on vinyl and wrapped on Old Town Temecula Utility Boxes.

26. Approve Non -Exclusive Entertainment Services Agreement with TNT Entertainment Groin LLC for Entertainment and Technical Services
Recommendation: That the Board of Directors approve a non-exclusive entertainment services agreement with TNT Entertainment Group, LLC for entertainment and technical services.

27. Approve Amendment to Cooperation Agreement with the Temecula Valley Museum, Inc. for the Operation of the Wedding Chapel, Courtyard and Concessions Facility Recommendation:

That the Board of Directors approve the amendment to the cooperation agreement with the Temecula Valley Museum, Inc. for the operation of the wedding chapel, courtyard, and concessions facility.

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 7:15 PM, the Community Services District meeting was formally adjourned to Tuesday, June 28, 2022 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

James Stewart, President
ATTEST:

Randi Johl, Secretary
[SEAL]

Item No. 14

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 12, 2022
SUBJECT: Adopt the Resolution to Approve the Solid Waste and Recycling Rates for Commercial Customers for Fiscal Year 2022-23
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO APPROVE THE SOLID WASTE AND
RECYCLING AND SB1383 COMPLIANCE FEE ON

COMMERCIAL COLLECTION RATES FOR COMMERCIAL
CUSTOMERS FOR FISCAL YEAR 2022-23
BACKGROUND: On May 24, 2022, the Public Works Department requested the City Council to set the Public Hearing to Adopt a Resolution to Approve Solid Waste and Recycling and SB1383 Compliance Fee on Commercial Collection Rates for Commercial Customers for Fiscal Year 2022-23. On or before May 27, 2022, the City mailed notices to all affected business and/or commercial customers in the City with regards to the proposed rate increase for refuse collection and recycling services, and compliance fee. At this time, the forty -five-day public hearing notice has concluded without a majority protest.

In accordance with the Franchise Agreement between the City of Temecula and CR&R Incorporated stipulates the conditions upon which rates may be adjusted on an annual basis at each July 1st to reflect the changes in various applicable indices. The commercial rates are due to adjust for fiscal year 2022-23, to include a 5.37% increase due to change in CPI, an 8.6% increase in the landfill disposal rates, and a 3.4% increase due to Extraordinary Costs to meet SB1383 compliance measures. CR&R has requested an additional increase in commercial rates due to Extraordinary Costs, as allowed in the Franchise Agreement.

The SB1383 Compliance Fee will support the additional costs of implementing Senate Bill 1383 compliance measures for the City of Temecula, to include, but are not limited to:
• Additional Personnel
• Reporting Requirements
• Public Education and Outreach
• Equipment Costs
• Audit and Material Monitoring Costs
Commercial rates vary based on the bin size and frequency of collection, and a comparison of the current and proposed rates for the new Fiscal Year 2022-23 are provided in the attached CR & R Commercial Refuse Rate Schedule.

Staff recommends the City Council adopt the resolution and approve the Solid Waste and Recycling Rates for Commercial Customers, effective July 1, 2022.

FISCAL IMPACT: Solid Waste and Recycling services for Commercial Customers are paid for directly by the property owner or business owner receiving services. No additional costs will be incurred by the City of Temecula.

ATTACHMENTS: 1. Resolution

2. Commercial Refuse Rate Schedule

3. Notice of Public Hearing

RESOLUTION NO.2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA TO APPROVE THE SOLID WASTE AND
RECYCLING AND SB1383 COMPLIANCE FEE ON

COMMERCIAL COLLECTION RATES FOR
COMMERCIAL CUSTOMERS FOR FISCAL YEAR 2022-23

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

Section 1. The City Council of the City of Temecula does hereby find determine and declare that:
(a) The City of Temecula and CR & R Incorporated entered into an exclusive solid waste Franchise Agreement on May 28, 1992, as amended on August 27,1996, June 24, 1997, July 25, 2000, June 13, 2006, October 2015, and June 14, 2016, for the collection, transportation, recycling, composting and disposal of solid waste and construction debris and for providing temporary bin/roll off services in the City.
(b) The Franchise Agreement specifically states that the rates for services shall be adjusted each July 1st, based on certain criteria, and subject to the Consumer Price Index (CPI), and changes to the County of Riverside landfill tipping fees, and any extraordinary costs which may be as a result of State mandated programs.
(c) According to the Bureau of Labor Statistics for January 2021 through December 2021, the designated CPI has increased by 5.37%. (d) The County of Riverside's Waste Management Department will adjust their landfill disposal rate, for a monthly rate increase for commercial customers of 8.6%. (e) The Extraordinary Cost increase is to include a rate increase of 3.4% for commercial customers. Commercial rates vary based on the bin size and frequency of collection. (f) The City Council of the City of Temecula held a duly noticed public hearing on July 12, 2022, on the proposed solid waste and recycling and SB1383 compliance fee on commercial collection rates for commercial customers for fiscal year 2022-23. 1) The City Clerk published said notice of the time and place of the hearing pursuant to Government Code Section 6066 in the manner required by law. 2) Each affected commercial customer and commercial property owner in the City of Temecula was mailed notice of the proposed rate increase in the manner provided by law at least forty-five (45) days prior to the public hearing set on July 12, 2022. (g) At the public hearing, the City Council the heard and considered all public comments, objections, or protests. related to the proposed commercial rates.

(h) All legal requirements for the adoption of the maximum rates for commercial solid waste collection have been fulfilled.

Section 2. The City Council hereby overrules all protests and objections to the proposed rate increases.

Section 3. The City Council hereby approves the maximum rates for commercial solid waste collection set forth on Exhibit A, "Temecula Commercial Refuse Rates," attached hereto and incorporated herein by this reference as though set forth in full.

Section 4. The City Clerk shall certify to the passage and adoption of the Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of July, 2022.

ATTEST:

Randi Johl, City Clerk
[SEAL]
Matt Rahn, Mayor
2 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 July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Temecula Commercial Refuse Rates
Refuse - One 2 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
116.46
$ 127.49
2x week
$
231.61
$ 253.58
3x week
$
346.72
$ 379.62
4x week
$
461.83
$ 505.68
5x week
$
576.97
$ 631.75
6x week
$
692.08
$ 757.80
7x week
$
807.23
$ 883.88
Compacted 2 Cubic Yard monthly rate:

2.5 x monthly rate
Refuse - One 3 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
133.23
$ 145.50
2x week
$
265.13
$ 289.57
3x week
$
397.06
$ 433.68
4x week
$
528.96
$ 577.75
5x week
$
660.82
$ 721.78
6x week
$
792.73
$ 865.86
7x week
$
924.65
$ 1,009.96
Compacted 3 Cubic Yard monthly rate:

2.5 x monthly rate
Refuse - One 4 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
150.04
$ 163.55
2x week
$
298.79
$ 325.71
3x week
$
447.51
$ 487.85
4x week
$
596.26
$ 650.01
5x week
$
744.98
$ 821.14
6x week
$
893.69
$ 974.27
7x week
$
1,042.44
$ 1,136.43
Compacted 4 Cubic Yard monthly rate:

2.5 x monthly rate
Temporary Services
Current
Rate
Proposed Rate
Temporary 3 cubic yard bin
$
117.71
$ 128.84
Extra Temporary OR Regular Service Pick up
$

65.49 $ 72.76 per pick up
(Includes all bin sizes 2,3 and 4 yards)
Commercial and Roll -off Setup Fee
$

50.39 $ 54.91
1 Temecula Commercial Recycling Rates
Recycling - One 3 cubic yard bin
Service Level
1x week
2x week
3x week
4x week
5x week
6x week
7x week
Recycling - One 4 cubic yard bin
Service Level
1x week
2x week
3x week
4x week
5x week
6x week
7x week
Recycling - One 96 Gallon Cart
Service Level
1x week
Current Rate Proposed Rate
$ 56.71
$

61.79 $ 113.41
$
123.56
$ 170.10
$
185.33
$ 226.79
$
247.09
$ 283.45
$
308.82
$ 340.17
$
370.63
$ 396.83
$
432.36
Current Rate
Proposed Rate
$ 75.06
$

81.78 $ 150.17
$
163.02
$ 225.21
$
245.38
$ 300.30
$
327.19
$ 375.38
$
408.99
$ 450.46
$
490.79
$ 525.50
$
572.55
Current Rate Proposed Rate
$ 50.63 $ 55.16
Temecula Commercial Organics Rates
Non-food - One 2 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
146.99
$
162.62
2x week
$
292.96
$
324.12
3x week
$
438.92
$
485.62
4x week
$
584.89
$
647.13
5x week
$
730.88
$
808.65
6x week
$
876.84
$
970.14
7x week
$
1,022.81
$
1,131.65
Non-food - One 3 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
194.17
$
215.23
2x week
$
387.37
$
429.41
3x week
$
580.52
$
643.53
4x week
$
773.71
$
857.69
5x week
$
966.83
$
1,071.78
6x week
$
1,160.01
$
1,285.93
7x week
$
1,353.20
$
1,500.10
2 Temecula Commercial Organics Rates
Non-food - One 64-Gallon Cart
Service Level
Current Rate
Proposed Rate
1x week
$

40.10 $ 44.10
2x week
$

80.18 $ 88.19
3x week
$
120.29
$ 132.30
4x week
$
160.38
$ 176.39
5x week
$
200.49
$ 220.50
6x week
$
240.59
$ 264.61
Extra pickup
$

29.73 $ 33.39
Food - One 2 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
218.94
$
243.41
2x week
$
436.88
$
485.73
3x week
$
654.79
$
728.02
4x week
$
872.69
$
970.31
5x week
$
1,090.66
$
1,212.65
6x week
$
1,308.56
$
1,454.93
7x week
$
1,526.47
$
1,697.23
Food - One 64-Gallon Cart
Service Level
Current Rate
Proposed Rate
1x week
$

54.23 $ 59.97
2x week
$
108.45
$ 119.93
3x week
$
162.67
$ 179.88
4x week
$
216.90
$ 239.86
5x week
$
271.13
$ 299.83
6x week
$
325.38
$ 359.82
Extra pickup
$

40.01 $ 44.93
Temecula Rolloff Rates
Roll -off
Current Rate
Proposed Rate
Roll -off disposal rate
$
263.41
$
282.83
Roll -off recycling rate
$
263.41
$
282.83 Plus market value
Roll -off compactor rate
$
366.76
$
393.79
Roll -off recycling compactor rate
$
366.76
$
393.79 Plus market value
3 CITY OF TEMECULA

NOTICE OF PUBLIC HEARING IN CONNECTION WITH THE CITY OF TEMECULA

SOLID WASTE AND RECYCLING RATES FOR COMMERCIAL, INDUSTRIAL AND

MULTI -FAMILY RESIDENTIAL CUSTOMERS
To Property Owner/Customer:

NOTICE IS HEREBY GIVEN that on Tuesday, July 12, 2022, at 6:00 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Temecula will hold a public hearing to consider the adoption of a resolution to approve proposed increases to the charges for solid waste and recycling collection services for commercial, industrial, and multi -family residential customers ("Charges"). As discussed below, the increases include the annual Consumer Price Index and landfill tipping fee adjustments and a proposed increase to address State mandated requirements. The public hearing will be held in the City of Temecula City Hall Council Chambers, 41000 Main Street, Temecula, California, 92590. Please check the July 12, 2022 City Council agenda once it is posted on the City's website at www.temeculaca.gov for information on how to participate in the City Council meeting.

INFORMATION ABOUT THE CHARGES AND PROPOSED INCREASES
The City has entered into a franchise agreement, dated May 28, 1991, as amended, with CR&R Incorporated ("Franchise Agreement") for the collection, transportation, recycling, composting, and disposal of solid waste, including organic waste, recyclables, and construction debris, and other specified services within the City. The amount of the Charges the City has negotiated with CR&R pursuant to the Franchise Agreement has been determined to be the amount necessary to provide their services. The City will be considering approval of an amendment to the Franchise Agreement to include the provision by CR&R of new organic waste recycling services and programs to implement Senate Bill 1383 (SB 1383), the Short -Lived Climate Pollutant Reduction Act. Among other things, SB 1383 calls for a 75% reduction in organic waste disposal by 2025.

The Franchise Agreement authorizes automatic Consumer Price Index (CPI) and landfill tipping fee adjustments to the Charges to account for inflation and increases in the Riverside County landfill disposal fees (the CPI has increased by 5.37% and the County will adjust their landfill disposal rate by

8.6%). In addition, the Franchise Agreement provides that CR&R shall be entitled to rate increases in amounts equal to CR&R's extraordinary increases in the cost of collection. CR&R has requested an additional increase of 3.4% of the current monthly and temporary bin/roll-off services due to the increased cost of implementing SB 1383.

A listing of the current and proposed Charges is set forth in the attached Exhibit A. If approved, the proposed increases will become effective July 1, 2022. The monthly Charges vary based on bin size, type of container, and the frequency of collection.

PUBLIC HEARING
All interested persons are invited to attend the public hearing. At the public hearing, the City Council will hear and consider all oral objections and written protests to the proposed increases to the Charges. Any property owner subject to the proposed increases to the Charges and any tenants who are directly responsible for paying the Charges may submit a written protest against the proposed increases. A majority protest will exist if at the end of the public hearing, there are written protests submitted (and not withdrawn) by the owners of a majority of the parcels subject to the proposed increases or by tenants of such parcels who are directly responsible for paying the Charges. No

more than one written protest per parcel of property will be counted in calculating a majority protest.

The City Council cannot adopt the proposed increases if a majority protest exists.

To be counted, a written protest against the proposed increases to the Charges must (1) identify the parcel of property subject to the increases, (2) identify the owner, (3) state the opposition to the proposed increases, and (4) include the signature of the owner. Written protests must be filed with the City Clerk prior to the conclusion of the public hearing. Written protests may be delivered to the City Clerk at the public hearing or mailed or delivered to the City Clerk at the Temecula City Hall, 41000 Main Street, Temecula, California, 92590. Written protests which are mailed or delivered to City Hall must arrive at City Hall prior to 5:00 pm on July 12, 2022 to be counted.

QUESTIONS AND INQUIRIES
For general questions of if you need assistance determining the proposed Charge for your property, you may contact CR&R at Toll Free (800) 755-8112; Tel (951) 943-1991; Fax (951) 657-5493 or contact the Public Works Department at (951) 694-6411. The Public Works Department is located at City Hall, 41000 Main Street, Temecula California. Thank you for taking the time to review this information and we are looking forward to serving you.

EXHIBIT A
Temecula Commercial Refuse Rates
Refuse - One 2 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
116.46
$ 127.49
2x week
$
231.61
$ 253.58
3x week
$
346.72
$ 379.62
4x week
$
461.83
$ 505.68
5x week
$
576.97
$ 631.75
6x week
$
692.08
$ 757.80
7x week
$
807.23
$ 883.88
Compacted 2 Cubic Yard monthly rate:

2.5 x monthly rate
Refuse - One 3 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
133.23
$ 145.50
2x week
$
265.13
$ 289.57
3x week
$
397.06
$ 433.68
4x week
$
528.96
$ 577.75
5x week
$
660.82
$ 721.78
6x week
$
792.73
$ 865.86
7x week
$
924.65
$ 1,009.96
Compacted 3 Cubic Yard monthly rate:

2.5 x monthly rate
Refuse - One 4 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
150.04
$ 163.55
2x week
$
298.79
$ 325.71
3x week
$
447.51
$ 487.85
4x week
$
596.26
$ 650.01
5x week
$
744.98
$ 821.14
6x week
$
893.69
$ 974.27
7x week
$
1,042.44
$ 1,136.43
Compacted 4 Cubic Yard monthly rate:

2.5 x monthly rate
Temporary Services
Current
Rate
Proposed Rate
Temporary 3 cubic yard bin
$
117.71
$ 128.84
Extra Temporary OR Regular Service Pick up
$

65.49 $ 72.76 per pick up
(Includes all bin sizes 2,3 and 4 yards)
Commercial and Roll -off Setup Fee
$

50.39 $ 54.91
1 Temecula Commercial Recycling Rates
Recycling - One 3 cubic yard bin
Service Level
1x week
2x week
3x week
4x week
5x week
6x week
7x week
Recycling - One 4 cubic yard bin
Service Level
1x week
2x week
3x week
4x week
5x week
6x week
7x week
Recycling - One 96 Gallon Cart
Service Level
1x week
Current Rate Proposed Rate
$ 56.71
$

61.79 $ 113.41
$
123.56
$ 170.10
$
185.33
$ 226.79
$
247.09
$ 283.45
$
308.82
$ 340.17
$
370.63
$ 396.83
$
432.36
Current Rate
Proposed Rate
$ 75.06
$

81.78 $ 150.17
$
163.02
$ 225.21
$
245.38
$ 300.30
$
327.19
$ 375.38
$
408.99
$ 450.46
$
490.79
$ 525.50
$
572.55
Current Rate Proposed Rate
$ 50.63 $ 55.16
Temecula Commercial Organics Rates
Non-food - One 2 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
146.99
$
162.62
2x week
$
292.96
$
324.12
3x week
$
438.92
$
485.62
4x week
$
584.89
$
647.13
5x week
$
730.88
$
808.65
6x week
$
876.84
$
970.14
7x week
$
1,022.81
$
1,131.65
Non-food - One 3 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
194.17
$
215.23
2x week
$
387.37
$
429.41
3x week
$
580.52
$
643.53
4x week
$
773.71
$
857.69
5x week
$
966.83
$
1,071.78
6x week
$
1,160.01
$
1,285.93
7x week
$
1,353.20
$
1,500.10
2 Temecula Commercial Organics Rates
Non-food - One 64-Gallon Cart
Service Level
Current Rate
Proposed Rate
1x week
$

40.10 $ 44.10
2x week
$

80.18 $ 88.19
3x week
$
120.29
$ 132.30
4x week
$
160.38
$ 176.39
5x week
$
200.49
$ 220.50
6x week
$
240.59
$ 264.61
Extra pickup
$

29.73 $ 33.39
Food - One 2 cubic vard bin
Service Level
Current Rate
Proposed Rate
1x week
$
218.94
$
243.41
2x week
$
436.88
$
485.73
3x week
$
654.79
$
728.02
4x week
$
872.69
$
970.31
5x week
$
1,090.66
$
1,212.65
6x week
$
1,308.56
$
1,454.93
7x week
$
1,526.47
$
1,697.23
Food - One 64-Gallon Cart
Service Level
Current Rate
Proposed Rate
1x week
$

54.23 $ 59.97
2x week
$
108.45
$ 119.93
3x week
$
162.67
$ 179.88
4x week
$
216.90
$ 239.86
5x week
$
271.13
$ 299.83
6x week
$
325.38
$ 359.82
Extra pickup
$

40.01 $ 44.93
Temecula Rolloff Rates
Roll -off
Current Rate
Proposed Rate
Roll -off disposal rate
$
263.41
$
282.83
Roll -off recycling rate
$
263.41
$
282.83 Plus market value
Roll -off compactor rate
$
366.76
$
393.79
Roll -off recycling compactor rate
$
366.76
$
393.79 Plus market value
3 Item No. 15

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: July 12, 2022
SUBJECT: Adopt Ordinance Amending Title 9 of the Temecula Municipal Code, Adding Chapter 9.80 (Shopping Carts) and Find this Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061 (b)(3)
PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled:

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 9 OF THE TEMECULA
MUNICIPAL CODE TO ADD CHAPTER 9.80 (SHOPPING

CARTS) AND FINDING THIS ORDINANCE EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061
(13)(3) (LONG RANGE PROJECT NO. LR21-0909)

SUMMARY OF
ORDINANCE: The proposed ordinance would make it unlawful to remove a shopping cart from a business premises or to possess it after it has been removed, require prompt (24-hour) retrieval of carts when notified and requiring physical theft prevention measures be installed at businesses or shopping centers providing shopping carts for customer use. Those theft prevention measures include and are limited to:

1. Utilizing a deposit or token system for cart use;

2. Providing carts directly for sale or rent;

3. Install perimeter disabling device; and

4. Any combination of the above to prevent theft.

Additionally, the ordinance would require signage be installed on all shopping carts and at all customer entrances stating the removal of a shopping cart from the owner's property is a violation of Temecula Municipal Code. Lastly, the Director of Community Development is empowered to

require any other active or passive theft prevention measure(s) to ensure compliance. The following exemption have been provided for after receiving public comments:

1. Retailers whose shopping carts are not capable of leaving the store; and

2. Retailers who provide ten (10) or fewer shopping carts for customer use.

Full compliance with Chapter 9.80 (Shopping Carts) is required for exempt businesses whose shopping carts are found offsite three (3) or more times in any twelve (12) month period.

BACKGROUND: The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, make corrections and to make necessary additions. The proposed amendments to the Temecula Municipal Code include amendments to Title 9 Public Peace, Morals and Welfare.

Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 Zoning (Development Code) of the Temecula Municipal Code. The proposed ordinance is outside of the purview of the Planning Commission, in that it is not an amendment to Title 17, however, staff felt it was important for the Planning Commission to review these proposed changes as this proposed ordinance will place requirements on future development within the City that propose to provide shopping carts. The item was presented at a public hearing to the Planning Commission on June 15, 2022, and was recommended for adoption with a 4-0 vote.

Abandoned and stolen shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic on streets, sidewalks, and private property. This proposed ordinance codifies primary responsibility with the business owner for preventing theft and prompt retrieval of shopping carts that have been taken off the premises of the business having provided them.

City staff met with the City Council Public Safety Ad Hoc Subcommittee on January 18th and again on June 7, 2022. Additionally, staff hand delivered a total of 82 outreach packets, between March 28, and 31, 2022, to all known businesses that provide shopping carts for customer use.

Each packet included a copy of the draft ordinance, business card, and a letter explaining the impetus for the ordinance as well as requesting feedback. Comments provided by local businesses are in Attachment 4.

FISCAL IMPACT: This Ordinance will reduce the frequency of shopping carts abandoned throughout the City and reduce the financial burden on the City for collection, storage and disposition of abandoned shopping carts.

ATTACHMENTS: 1. Ordinance

2. Planning Commission Resolution

3. Comments Received

4. Notice of Exemption

5. Notice of Public Hearing

ORDINANCE NO.2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 9 OF THE TEMECULA
MUNICIPAL CODE TO ADD CHAPTER 9.80 (SHOPPING

CARTS) AND FINDING THIS ORDINANCE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061(11)(3) (LONG RANGE PROJECT NO. LR21-
0909)
WHEREAS, shopping carts are routinely abandoned on the City of Temecula's (City) streets and rights -of -way;
WHEREAS, the presence of abandoned shopping carts is found to be a public nuisance and contributes to a decline in the quality of life;
WHEREAS, the abundance of abandoned shopping carts on the City's rights -of -way encourages crime, tends to reduce property values, and is a blight on the community; WHEREAS, abandoned shopping carts also obstruct pedestrian access, interfere with pedestrian and vehicular traffic, and emergency services; WHEREAS, the presence of abandoned shopping carts in City waterways disrupts waters natural flow and drainage, and contributes to environmental degradation; and WHEREAS, the City Council finds the standards set forth in this ordinance are necessary to protect the environment, public safety and quality of life of the residents of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 9.80 (Shopping Carts) is hereby added to Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code to read as follows:
"Chapter 9.80 — Shopping Carts
Sections:

9.80.010 Findings and Purpose.

9.80.020 Definitions.

9.80.030 Applicability.

9.80.040 Shopping Cart Removal, Abandonment, Alteration, Possession Prohibited.

9.80.050 Required Theft and Abandonment Prevention Measures.

9.80.060 Mandatory Cart Retrieval.

9.80.070 After Hours Cart Containment.

9.80.080 Maintenance Requirements for Shopping Cart Disabling Devices.

9.80.090 Businesses Without Shopping Carts.

9.80.100 Authority to Impound.

9.80.110 Violation and Penalty.

9.80.120 Application to Existing Businesses.

9.80.010 Findings and Purpose.

Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City of Temecula. The accumulation of wrecked, dismantled and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The intent of this Chapter is to ensure that measures are taken by store owners to prevent the unauthorized removal of shopping carts from store premises and parking lots, to make the removal of shopping carts a violation of this Code and to facilitate the retrieval of abandoned shopping carts as permitted by State law. Further, this Chapter is intended to supplement existing State law regarding shopping carts as set forth in California Business & Professions Code Section 22435, et seq.

9.80.020 Definitions.

The following words and phrases, whenever used in this chapter, shall mean as follows:

A. "Abandoned shopping cart" means any shopping cart that has been removed without written permission of the owner or on -duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property.

B. "Applicant" means any person who seeks to obtain a business license pursuant to the procedures and requirements of this chapter.

C. "City" means the City of Temecula.

D. "Customer" means any person who enters the premises of a retail establishment.

E. "Director" means the Director of Community Development, or such other director or officer designated by the City Manager to administer this chapter.

F. "Enforcement personnel" means (1) members of the Riverside County sheriff's department or such other police agency under contract to provide police services to the city; (2) persons employed by the city whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, directors, senior planners, code enforcement officers, building inspectors, or park rangers; and (3) such other employees of the city as may be designated by the City Manager.

G. "Owner" means any person or entity, who in connection with the conduct of a business, owns, leases, possesses, uses, or otherwise makes any cart available to customers or the

public. For purposes of this chapter, "Owner" shall also include the owner's onsite or designated agent that provides the carts for use by its customers.

H. "Premises" means the entire area owned or leased and utilized by the business establishment that provides shopping carts for use by customers, including a parking lot or other property provided by the owner for customer parking.

I. "Shopping cart" or "cart" means a basket including, but not limited to a grocery store shopping cart, which is mounted on wheels or a similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind.

9.80.030 Applicability.

A. All businesses whose business operations would provide any shopping cart(s) for customer or public use.

B. Any person in possession of a shopping cart off the owner's premises and without the owner's written permission pursuant to the provisions of Temecula Municipal Code 9.80.040.

C. This chapter shall not apply to shopping carts that are removed by an authorized servicer for repair and/or maintenance.

9.80.040 Shopping Cart Removal, Abandonment, Alteration, Possession Prohibited.

A. It shall be unlawful to either temporarily or permanently remove a cart from the premises or parking area of a business establishment without the express prior written permission of the owner or on -duty manager of the business establishment.

1. Written permission shall be valid for a period not to exceed seventy-two (72) hours.

B. It shall be unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment unless it is in the process of being immediately returned to the owner or business establishment.

9.80.050 Required Theft and Abandonment Prevention Measures.

Every owner who provides any shopping carts for customer use shall implement, and maintain the following theft prevention measures:

A. Signs.

1. Required Signage on all Shopping Carts:
(a) Identifies the owner of the cart or the name of the business establishment, or both;

(b) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;
(c) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of State and City of Temecula law;
(d) Lists a telephone number to contact and report the location of the abandoned cart; and
(e) Lists an address for returning the cart to the owner or business establishment.

2. Required Signage on Premises.
(a) Every business that owns or provides carts for the use of its customers within the City of Temecula shall post conspicuous and legible signs at or near each entrance to its parking lot and the public entrance doors to its store notifying its customers that removal of carts from the premises is prohibited and constitutes a violation of Business and Professions Code Section 22435.2 et seq. and City of Temecula Municipal Code Chapter 9.80.

B. Theft Prevention Measures. Specific prevention measures shall be implemented by owners to prevent shopping cart removal from the premises. Allowed measures include:

1. Installing perimeter disabling devices on all shopping carts; or

2. Security deposit required for use of all shopping carts; or

3. The rental or sale of shopping carts that can be temporarily or permanently used for transport of purchases; or

4. Any combination of the above measures as necessary to effectively prevent shopping cart removal from the premises to the satisfaction of the Director.

C. Any other active or passive theft prevention measure(s) deemed necessary by the Director to ensure compliance with Chapter 9.80 of the Temecula Municipal Code.

D. Exemptions. Section 9.80.050 (B) shall not apply to businesses that supply shopping carts:

1. In quantities of less than ten (10);

2. That have a physical device installed that prevent said cart from leaving the store.

E. Exemptions from physical measure implementation stated within Section 9.80.050 (D), shall not be applicable for any business whose shopping cart(s) was located off site more than three times in any twelve (12) month period. Each shopping cart shall count as one occurrence.

9.80.060 Mandatory Cart Retrieval.

Every business owner who provides any shopping carts for customer use shall demonstrate, to the satisfaction of the Director, that (1) carts will be actively located within one mile of the business premises, and (2) that the owner shall respond to complaints from the public or notification from City enforcement personnel in a manner which results in the retrieval of carts within twenty-four (24) hours of receiving the notification. An owner may contract with a vendor for cart retrieval services. Written authorization from the owner shall be maintained by the vendor and provided to any enforcement personnel upon request.

9.80.070 After Hours Cart Containment.

All shopping carts shall be secured in a manner to prevent theft during the hours that the business establishment is not open for business.

9.80.080 Maintenance Requirements for Shopping Cart Disabling Devices.

Any owner who has shopping carts equipped with disabling devices shall conduct regular maintenance to ensure the disabling devices are working properly. If at any time, the owner determines the disabling device installed on a shopping cart is not functioning properly, the shopping cart shall be pulled from circulation until it is repaired. The owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned shopping carts available for use.

9.80.090 Businesses Without Shopping Carts.

A business, which may not own, rent, lease, or otherwise possess its own shopping carts, but which receives a benefit by the use of shopping carts owned by other businesses, merchants, grocers, or other similar establishments, shall provide a location upon its premises for the storage of shopping carts and shall immediately contact the owner or owner's agent to retrieve any shopping carts that are left on the business' premises.

9.80.100 Authority to Impound.

A. Pursuant to California Business and Professions Code Section 22435.7, the City may impound any abandoned shopping cart when the shopping cart has a sign affixed as required by Temecula Municipal Code Section 9.80.050(A).

B. The City may retrieve and immediately dispose of any abandoned shopping carts that lack the required signage required by Temecula Municipal Code Section 9.80.050(A).

9.80.110 Violation and Penalty.

A. Violation of any provision this chapter is subject to enforcement pursuant to the provisions of Chapters 1.20 of Title 1 of this code. Violations are also subject to administrative citations pursuant to Chapter 1.21 of Title 1 of this code. The provisions of this chapter may be enforced by members of the Riverside County Sheriff's Department, persons employed by the City whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, code enforcement officers, and such other enforcement officials as described in Section

1.16.020 and 1.21.020 of this code or its successor sections.

B. Any business owner who provides any shopping carts for customers and is operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to, or in lieu of, prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such business establishment.

9.80.120 Application to existing businesses.

A. All requirements set forth in this chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable to and govern all existing and proposed businesses that provide any shopping carts for customer use within one (1) year after ordinance adoption.

1. Shopping carts may be replaced or upgraded as a complete set for the business or through attrition as they complete their lifecycles, so long as all shopping carts meet the requirements of this chapter by September 9, 2023."
Section 2. CEQA. The City Council finds and determines that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. Accordingly, this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b) (3) of Division 6 of Title 14 of the California Code of Regulations.

Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 4. Effective Date. This Ordinance shall take affect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law. 6 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
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- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 121h day of July, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

PC RESOLUTION NO.2022-16

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF TEMECULA RECOMMENDING THAT

THE CITY COUNCIL ADOPT AN ORDINANCE
ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA AMENDING TITLE 9 OF

THE TEMECULA MUNICIPAL CODE, ADDING
CHAPTER 9.80 SHOPPING CARTS AND FINDING THIS

ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO CEQA GUIDELINES SECTION 15061 (13)(3) (LONG
RANGE PROJECT NO. LR21-0909)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:

A. City staff identified the need to make revisions to Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code.

B. The Planning Commission, at a regularly scheduled meeting, considered the proposed amendments to Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code on June 15, 2022, at a duly noticed public hearing as prescribed by law, at which time City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter.

C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A".

D. All legal preconditions to the adoption of this Resolution have occurred.

Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed 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 Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments pertain to the maintenance of shopping carts and will not increase the intensity or density of any land use. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance.

Section 3. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR21-0909, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference.

PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of June, 2022.

Gary Watts, Chairman
Secretary
[SEAL]

STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the foregoing PC Resolution No. 2022-16 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of June, 2022, by the following vote:

AYES
NOES
4 PLANNING COMMISSIONERS: Hagel, Ruiz, Turley-Trejo, Watts 0 ABSTAIN: 0
ABSENT: 1
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS:

Telesio
Luke Watson
Secretary

ORDINANCE NO.22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 9 OF THE TEMECULA
MUNICIPAL CODE TO ADD CHAPTER 9.80 (SHOPPING

CARTS) AND FINDING THIS ORDINANCE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061(11)(3) (LONG RANGE PROJECT NO. LR21-
0909)
WHEREAS, shopping carts are routinely abandoned on the City of Temecula's (City) streets and rights -of -way;
WHEREAS, the presence of abandoned shopping carts is found to be a public nuisance and contributes to a decline in the quality of life;
WHEREAS, the abundance of abandoned shopping carts on the City's rights -of -way encourages crime, tends to reduce property values, and is a blight on the community; WHEREAS, abandoned shopping carts also obstruct pedestrian access, interfere with pedestrian and vehicular traffic, and emergency services; WHEREAS, the presence of abandoned shopping carts in City waterways disrupts waters natural flow and drainage, and contributes to environmental degradation; and WHEREAS, the City Council finds the standards set forth in this ordinance are necessary to protect the environment, public safety and quality of life of the residents of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 9.80 (Shopping Carts) is hereby added to Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code to read as follows:
"Chapter 9.80 — Shopping Carts
Sections:

9.80.010 Findings and Purpose.

9.80.020 Definitions.

9.80.030 Applicability.

9.80.040 Shopping Cart Removal, Abandonment, Alteration, Possession Prohibited.

9.80.050 Required Theft and Abandonment Prevention Measures.

9.80.060 Mandatory Cart Retrieval.

9.80.070 After Hours Cart Containment.

9.80.080 Maintenance Requirements for Shopping Cart Disabling Devices.

9.80.090 Businesses Without Shopping Carts.

9.80.100 Authority to Impound.

9.80.110 Violation and Penalty.

9.80.120 Application to Existing Businesses.

9.80.010 Findings and Purpose.

Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City of Temecula. The accumulation of wrecked, dismantled and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The intent of this Chapter is to ensure that measures are taken by store owners to prevent the unauthorized removal of shopping carts from store premises and parking lots, to make the removal of shopping carts a violation of this Code and to facilitate the retrieval of abandoned shopping carts as permitted by State law. Further, this Chapter is intended to supplement existing State law regarding shopping carts as set forth in California Business & Professions Code section 22435, et seq.

9.80.020 Definitions.

The following words and phrases, whenever used in this chapter, shall mean as follows:

A. "Abandoned shopping cart" means any shopping cart that has been removed without written permission of the owner or on -duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property.

B. "Applicant" means any person who seeks to obtain a business license pursuant to the procedures and requirements of this chapter.

C. "City" means the City of Temecula.

D. "Customer" means any person who enters the premises of a retail establishment.

E. "Director" means the Director of Community Development, or such other director or officer designated by the City Manager to administer this chapter.

F. "Enforcement personnel" means (1) members of the Riverside County sheriff's department or such other police agency under contract to provide police services to the city; (2) persons employed by the city whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, directors, senior planners, code enforcement officers, building inspectors, or park rangers; and (3) such other employees of the city as may be designated by the City Manager.

G. "Owner" means any person or entity, who in connection with the conduct of a business, owns, leases, possesses, uses, or otherwise makes any cart available to customers or the 2 public. For purposes of this chapter, "Owner" shall also include the owner's onsite or designated agent that provides the carts for use by its customers.

H. "Premises" means the entire area owned or leased and utilized by the business establishment that provides shopping carts for use by customers, including a parking lot or other property provided by the owner for customer parking.

I. "Shopping cart" or "cart" means a basket including, but not limited to a grocery store shopping cart, which is mounted on wheels or a similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind.

9.80.030 Applicability.

A. All businesses whose business operations would provide any shopping cart(s) for customer or public use.

B. Any person in possession of a shopping cart off the owner's premises and without the owner's written permission pursuant to the provisions of Temecula Municipal Code 9.80.040.

C. This chapter shall not apply to shopping carts that are removed by an authorized servicer for repair and/or maintenance.

9.80.040 Shopping Cart Removal, Abandonment, Alteration, Possession Prohibited.

A. It shall be unlawful to either temporarily or permanently remove a cart from the premises or parking area of a business establishment without the express prior written permission of the owner or on -duty manager of the business establishment.

1. Written permission shall be valid for a period not to exceed seventy-two (72) hours.

B. It shall be unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment unless it is in the process of being immediately returned to the owner or business establishment.

9.80.050 Required Theft and Abandonment Prevention Measures.

Every owner who provides any shopping carts for customer use shall implement, and maintain the following theft prevention measures:

A. Signs.

1. Required Signage on all Shopping Carts:
(a) Identifies the owner of the cart or the name of the business establishment, or both;
3 (b) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;
(c) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of State and City of Temecula law;
(d) Lists a telephone number to contact and report the location of the abandoned cart; and
(e) Lists an address for returning the cart to the owner or business establishment.

2. Required Signage on Premises.
(a) Every business that owns or provides carts for the use of its customers within the City of Temecula shall post conspicuous and legible signs at or near each entrance to its parking lot and the public entrance doors to its store notifying its customers that removal of carts from the premises is prohibited and constitutes a violation of Business and Professions Code Section 22435.2 et seq. and City of Temecula Municipal Code Chapter 9.80.

B. Theft Prevention Measures. Specific prevention measures shall be implemented by owners to prevent shopping cart removal from the premises. Allowed measures include:

1. Installing perimeter disabling devices on all shopping carts; or

2. Security deposit required for use of all shopping carts; or

3. The rental or sale of shopping carts that can be temporarily or permanently used for transport of purchases; or

4. Any combination of the above measures as necessary to effectively prevent shopping cart removal from the premises to the satisfaction of the Director.

C. Any other active or passive theft prevention measure(s) deemed necessary by the Director to ensure compliance with Chapter 9.80 of the Temecula Municipal Code.

D. Exemptions. Section 9.80.050 (B) shall not apply to businesses that supply shopping carts:

1. In quantities of less than ten (10);

2. That have a physical device installed that prevent said cart from leaving the store. 2 E. Exemptions from physical measure implementation stated within Section 9.80.050 (D), shall not be applicable for any business whose shopping cart(s) was located off site more than three times in any twelve (12) month period. Each shopping cart shall count as one occurrence.

9.80.060 Mandatory Cart Retrieval.

Every business owner who provides any shopping carts for customer use shall demonstrate, to the satisfaction of the Director, that (1) carts will be actively located within one mile of the business premises, and (2) that the owner shall respond to complaints from the public or notification from City enforcement personnel in a manner which results in the retrieval of carts within twenty-four (24) hours of receiving the notification. An owner may contract with a vendor for cart retrieval services. Written authorization from the owner shall be maintained by the vendor and provided to any enforcement personnel upon request.

9.80.070 After Hours Cart Containment.

All shopping carts shall be secured in a manner to prevent theft during the hours that the business establishment is not open for business.

9.80.080 Maintenance Requirements for Shopping Cart Disabling Devices.

Any owner who has shopping carts equipped with disabling devices shall conduct regular maintenance to ensure the disabling devices are working properly. If at any time, the owner determines the disabling device installed on a shopping cart is not functioning properly, the shopping cart shall be pulled from circulation until it is repaired. The owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned shopping carts available for use.

9.80.090 Businesses Without Shopping Carts.

A business, which may not own, rent, lease, or otherwise possess its own shopping carts, but which receives a benefit by the use of shopping carts owned by other businesses, merchants, grocers, or other similar establishments, shall provide a location upon its premises for the storage of shopping carts and shall immediately contact the owner or owner's agent to retrieve any shopping carts that are left on the business' premises.

9.80.100 Authority to Impound.

A. Pursuant to California Business and Professions Code Section 22435.7, the City may impound any abandoned shopping cart when the shopping cart has a sign affixed as required by Temecula Municipal Code Section 9.80.050(A).

B. The City may retrieve and immediately dispose of any abandoned shopping carts that lack the required signage required by Temecula Municipal Code Section 9.80.050(A).

9.80.110 Violation and Penalty.
5 A. Violation of any provision this chapter is subject to enforcement pursuant to the provisions of Chapters 1.20 of Title 1 of this code. Violations are also subject to administrative citations pursuant to Chapter 1.21 of Title 1 of this code. The provisions of this chapter may be enforced by members of the Riverside County Sheriff's Department, persons employed by the City whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, code enforcement officers, and such other enforcement officials as described in Section

1.16.020 and 1.21.020 of this code or its successor sections.

B. Any business owner who provides any shopping carts for customers and is operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to, or in lieu of, prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such business establishment.

9.80.120 Application to existing businesses.

A. All requirements set forth in this chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable to and govern all existing and proposed businesses that provide any shopping carts for customer use within one (1) year after ordinance adoption.

1. Shopping carts may be replaced or upgraded as a complete set for the business or through attrition as they complete their lifecycles, so long as all shopping carts meet the requirements of this chapter by September 9, 2023."
Section 2. CEQA. The City Council finds and determines that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. Accordingly, this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b) (3) of Division 6 of Title 14 of the California Code of Regulations.

Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 4. Effective Date. This Ordinance shall take affect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law. 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of August, 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. 22- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of July, 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 9th day of August, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
7 Randi Johl, City Clerk

CALIFORNIA

RETAILERS

ASSOCIATION
ConFu nnmy Jobs
April 29, 2022
Mark Collins
Temecula Assistant City Planner
Via email
Re: Draft Shopping Cart Ordinance
Dear Mr. Collins:

The California Retailers Association (CRA) has concerns with the draft shopping cart ordinance in the City of Temecula.

Specifically, the limited options proposed as physical security measures, the vagueness of what any other active or passive theft prevention measure would be, and no exemption for small business/retailers. Unfortunately, this draft ordinance focuses on punishing retailers for the theft of their property.

CRA is the only statewide trade association representing all segments of the retail industry including general merchandise, department stores, mass merchandisers, restaurants, convenience stores, supermarkets and grocery stores, chain drug, and specialty retail such as auto, vision, jewelry, hardware and home stores. CRA works on behalf of California's retail industry, representing over 400,000 retail establishments with a gross domestic product of $330 billion annually and employs over 3 million people —one fourth of California's total employment. Retail is also a significant source of sales tax revenue for local governments.

Our members do not want their shopping carts stolen and already have a financial interest in preventing theft. This draft ordinance would compel retailers, and as written any business with any amount of shopping carts, to update to their entire cart inventory at a significant cost, placing a particularly hefty burden on small businesses that are not exempted.

Perimeter disabling devices and security deposit mechanisms are not easily added on to existing carts and offering a cart for sale or rent as if it is a reusable bag is unrealistic.

Additionally, CRA would like clarity and examples as to what are other active or passive theft prevention measures that may be compliant. Uncertainty and confusion could lead to additional costs if businesses try to comply by are ultimately out of compliance. Notably, there is already state law on this issue that allows for penalties for retrieval and impoundment/sale of unclaimed carts (BPC Div. 8 Chap. 19 Section 22435 - 22435.8).

CRA respectfully asks that the City of Temecula takes our concerns into consideration that: expands and clarifies the definition of acceptable physical measures, and exempt small businesses with up to ten (10) shopping carts available. We welcome the opportunity for further dialogue on this issue and look forward to a conversation on how we can work collaboratively on workable solutions to this important issue. Please do not hesitate to contact me directly at 916/443- 1975 or via email at [email protected].

Sincerely,
Ryan Allain
Manager, State and Local Government Affairs
California Retailers Association
1121 L Street, Suite 607 9 Sacramento, CA 95814 P: 916/443-1975 • www.calretailers.com

Mark Collins
From: April Payne
Sent: Tuesday, April 26, 2022 2:06 PM
To: Mark Collins
Cc: Tim Miller; Tracy Eddington; April Payne; Lorraine Gustie; Teresa Bell Subject: T0702, Temecula CA - Shopping Cart Ordinance
Attachments: T0702 Temecula, CA - STORE SIGN.doc; T0702, Temecula CA - LABELS.doc CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello Mr. Collins,
Below are the measures we have taken in our Temecula TJ Maxx location to be within guidelines of the Temecula Shopping Cart Ordinance:

Shopping Carts are equipped with Gatekeeper locking system Signs will be attached to each cart along with posted in the store near the front doors notifying customers about cart removal (Attached are the templates)
Store is set up with Cart Retrieval:

Christopher Valladares
Office Admin
Phone 818.817.6708
Email: [email protected]
Web: www.retailsolutionshq.com
1020 N. Lake Street, Burbank, CA 91502
Please let me know if you require anything further.

Thank you
April Payne
Administrative Assistant To/
Cindy England, SRVP — Field Operations
Tracy Eddington, AVPD—Field Operations
TJ Maxx Zone 3 Office
She/Her/Hers
/18100 Von Karman Ave Ste.600
/Irvine, CA 92612
949.561.9131
april [email protected]
PVX Ttn�C

TJ MAXX #702
Temecula, CA
2-14 x 14 SIGNS POSTED AT ENTRANCE AND EXIT:

REMOVAL OF SHOPPING CARTS IS PROHIBITED BY CALIFORNIA STATE LAW Section 22435 of the California Business and Professions Code states that a person wrongfully removing or possessing a shopping cart is subject to civil and/or criminal penalties. Any removal of a cart requires written permission of store owner.

Please do not remove the carts from the premises. If you need assistance please contact a Store Associate.

Thank you.

TJ Maxx #4702
26427 Ynez Rd.

Temecula, CA 92591
951-296-9413

TJ MAXX #702
Temecula, CA

SHOPPING CART LABELS
TJ Maxx #702
26427 Ynez Rd.

Temecula, CA 92591
Abandoned Shopping Carts?
Please contact store at
951-296-9413
California Shopping Cart Theft Lay
Unauthorized removal from premises & parking area or unauthorized possession of a shopping cart is a violation of Law. B&P CODE SECTION 22435.2 et seq. and City of Temecula Municipal Code Chapter 9.80.

Thank you

City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951 ) 694-6400 • TemeculaCA.gov

VIA -ELECTRONIC SUBMITTAL
CEQAProces sina(& asrclkrec. com
July 12, 2022
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing of a Notice of Exemption for Long Range Project Number LR21-0909, Shopping Cart Ordinance
Dear Sir/Madam:

Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the City will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.

Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below.

If you have any questions regarding this matter, please contact Mark Collins at email:

[email protected].

Sincerely,
Luke Watson
Deputy City Manager
Enclosures: Notice of Exemption Form
Electronic Payment - Filing Fee Receipt

City of Temecula
Community Development
Planning Division
Notice of Exemption
TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
Project Title: Animal Ordinance LR21-0909
Description of Project: An ordinance of the City Council of the City of Temecula amending Title 9 of the Temecula Municipal Code, adding Chapter 9.80 (Shopping Carts) relating to the regulation of shopping carts.

Project Location: Citywide
Applicant/Proponent: City of Temecula
The City Council approved the above -described project on July 12th, 2022 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended.

Exempt Status: (check one)
❑Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number:
❑Declared Emergency (Section 21080(b)(3); Section ®Categorical Exemption: (Section 15061 (b)(3)) 15269(a));
❑Other: Section 15162 Categorical Exemption
❑Emergency Project (Section 21080(b)(4); Section
15269(b)(c));
Statement of Reasons Supporting the Finding that the Project is Exempt:

In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be exempt from further environmental review as 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 ordinance creates requirements for existing and future businesses who provide shopping carts for customer use. No construction is proposed under this project.

Contact Person/Title: Mark Collins, Assistant Planner Telephone Number (951) 506-5172 Signature:

Luke Watson,
Deputy City Manager
Date received for filing at the County Clerk and Recorders Office:

Date:

Notice of Public Hearing

THE CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below.

Case No.: Long Range Project No. LR21-0909, Shopping Cart Ordinance Applicant: City of Temecula
Location: Citywide
Proposal: Adopt an ordinance of the City Council of the City of Temecula, amending Title 9 of the Temecula Municipal Code to add Chapter 9.80, Shopping Carts.

Environmental Action: In accordance with the California Environmental Quality Act ("CEQA"), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3))
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: July 12, 2022
TIME OF HEARING: 6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.

Any petition forjudicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.

The proposed draft ordinance may be viewed at the public information counter, Temecula Civic Center, Community Services Department, 41000 Main Street, Monday through Fridayfrom 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Mark Collins, City of Temecula Community Development Department, (951) 506-5172.

Item No. 16

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: July 12, 2022
SUBJECT: Community Development Department Monthly Report RECOMMENDATION: That the City Council receive and file the Community Development Department monthly report.

The following are the highlights for Community Development for the month of May 2022.

CURRENT PLANNING ACTIVITIES
Planning processed 64 new applications (not including Home Occupations) and conducted eight (8) Public Hearings in May 2022. A detailed account of planning activities is attached to this report.

Plan Type
Marf2
Accessary Dwell I ng Unit
1 Development Plan
3 Home Occupation
20 Long Range
Minor Exception
1 Modifications
Pre-Ap p
3 Residential Tract Product Review
Sign Program
1 Vendor License
1 Zoning or Planning Letter
4 TOW
44 Everhome Suites (PA21-1350): The City is processing a Development Plan for an approximately 64,500 square foot, four-story, 117 room Everhome Suites Hotel located on the west side of Madison Ave. between Buecking Dr. and McCabe Ct. A Notice of Intent has been circulated to surrounding property owners with a pending decision date of June 9, 2022. (COOPER)
Temecula Village Phase II (PAs 20-0323, 20-0324, 20-0325, 20-0326): The City is processing a Development Plan for a 134 unit multi -family community built on 7.61 acres; a Tentative Tract Map (TTM 38043) to combine eight (8) existing contiguous parcels into a single parcel; a General Plan Amendment to amend the underlying General Plan Land Use designation of the project site from Professional Office (PO)

to Medium Density Residential (M); a Planned Development Overlay Amendment for PDO-5, (Temecula Village). The City has worked with a consultant to prepare a fiscal impact analysis and with an environmental consultant to prepare and environmental document. The project is located on the south side of Rancho California Road, approximately 150 feet west of Cosmic Drive. The project is scheduled for Planning Commission on July 20, 2022. (COOPER)
Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of Temecula Parkway and Butterfield Stage Road. (COOPER)
Sanborn/Jefferson Gas Station (PAs 21-0075, 21-0076): The City is processing a Development Plan and Conditional Use Permit for an approximately 10,000 square foot gas station consisting of 12 fueling pumps, convenience store, quick service restaurant, and multi -tenant retail building located at 41480 Sanborn Avenue. (COOPER)
Winchester Hills Development Agreement Amendment (PA21-0128): The City is processing a Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. (COOPER)
Firenze (PA21-1023): The City is processing a Development Plan application for an approximately 498,557 square foot hotel and apartment project. The approximately 148,545 square foot, five story, 224 room hotel includes a conference center, restaurant, wine market multi -tenant space, and outdoor courtyard dining space. The approximately 350,012 square foot, seven story, 121-unit apartment building include a roof top area that contains a pool/spa, cabanas, fire pit, media wall, kitchen, fitness area, and lawn/game area. The parking for the project is located on the interior of the apartment building that is wrapped with the residential units. The project is located approximately 665 feet north of Rancho California Road on the east side of Jefferson Avenue. (COOPER)
MS Mountain View Phase V (PAs 22-0593, 22-0594, 22-0595): The City is processing three (3) Development Plan applications for industrial buildings of 21,793 square feet, 11,369 square feet, and 22,769 square feet located along Avenida Alvarado. (COOPER)
Jefferson/Buecking Apartments (PA21-1454): The City is processing a Development Plan application for a 260-unit apartment community located on the north and south side of Buecking Drive at the Jefferson Avenue intersection. A Notice of Intent has been circulated to surrounding property owners with a pending decision date of June 22, 2022. (COOPER)
Temecula Valley Hospital Master Plan Update (PA21-1525): The City is processing a Modification to the previously approved Temecula Valley Hospital Master Plan. The updated Master Plan, at buildout will include the existing 237,305 square foot hospital building and 5,180 square foot storage building along with an approximately 130,000 square foot, four story Behavioral Health Building in Phase 2, an approximately 10,000 square foot expansion to the emergency department, a 125,000 square foot, five story second hospital tower, a 80,000 square foot medical office buildings, and a 14,000 square foot utility plant in Phase 3, and an approximately 125,000 square foot, five story third hospital tower, a 80,000 square three story foot

medical office building, and a four story parking structure with the existing helipad relocated to the roof of the structure in Phase 4. The project is located at 31700 Temecula Parkway. A public scoping meeting for the Subsequent Environmental Impact Report was held on March 23, 2022, at the Ronald H. Roberts Library. (COOPER)
Temecula Resort and Spa (PAs 22-0035, 22-0037): The City is processing a Development Plan and Tentative Parcel Map for an approximately 474,137 square foot, seven (7) story, 90-foot high full service hotel that includes a parking garage, conference facilities/ballrooms, gallery/event space, full service spa, restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and a wedding garden located on the east side of Front Street between 1 st Street and 2nd Street. (COOPER) Temecula Hyundai (PA22-0293): The City is processing a Modification to a Development Plan for the addition of approximately 3,824 square feet to the vehicle showroom and service area, a new approximately 674 square foot vehicle delivery canopy area, elevation revisions to adhere to new corporate colors, and a new vehicle display pad at the entry driveway located at 27430 Ynez Road. (COOPER) Sommers Bend SHAWOOD Home Product Review (PAs 22-0494, 0495, 0496): The City is Processing Home Product Reviews for Planning Area's 19, 20B, and 21 of Sommers Bend. There are a total of 57 homes ranging in size from 3,203 square feet to 4,974 square feet with three (3) different architectural styles.

Home Product Review for these planning areas was previously approved on June 2, 2021. The applicant is proposing new architectural styles with new construction techniques for these larger homes. (COOPER)

LONG RANGE PLANNING
General Plan Update
The Long Range Planning Division has developed a four -phase, multi -year process to update the General Plan. Phase I is complete and included updates to Housing and Public Safety Elements. Phase I also included an update to the City's Traffic Impact Analysis (TIA) Guidelines to analyze Vehicle Miles Travelled (VMT) for the California Environmental Quality Act (CEQA). Phase II is in process and includes an update to the Quality of Life Master Plan (QLMP), reconciling the City's GIS Maps on a parcel by parcel basis, a baseline EIR analysis of the City's Circulation Element, and developing a Complete Streets Policy document. Phase III will include a Fiscal Land Use Study to analyze the City's remaining development capacity and market absorption potential for residential, commercial, and industrial development. The final phase is to work with a General Plan Advisory Committee to update to the General Plan and EIR over an 18-month timeframe. (PETERS)
Quality of Life Master Plan Update: On April 27, 2021, the City Council established a Blue Ribbon Committee (BRC) to update the Quality of Life Master Plan (QLMP). The QLMP identifies the City's six core values, including: 1) Healthy and Livable City; 2) Economic Prosperity; 3) Safe and Prepared Community; 4) Sustainable City; 5) Transportation Mobility and Connectivity; and 6) Accountable and Responsive City Government. Projects and programs proposed in the City's Annual Operating Budget and Capital Improvements Program must be consistent with the City's Core Values. Performance measures (indicators) are measured annually to track progress and the completion of goals and objectives. The last BRC meeting is scheduled for July 21, 2022. The Preliminary Draft document will be presented to all

Boards and Commissions in August and September. The Final Draft QLMP is tentatively scheduled for the September 27, 2022 City Council meeting. (PETERS)
Expanded Outdoor Dining and Retail in Old Town: Staff brought this item before City Council on June 8, 2021, for further discussion. The City Council directed staff to extend the temporary program for one year and explore a permanent outdoor dining program. The program expires June 27, 2022. Partial temporary street closures are planned for the morning of June 27, 2022. (PETERS, WATSON) Permit Ready ADU Program (LR19-1464): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare, adopt, and implement a Permit Ready Accessory Dwelling Unit (ADU) program. The ADU program will encourage the construction of ADUs, offering property owners a selection of pre -approved ADU building plans that can be obtained at the Community Development Department, free of charge. On September 16, 2020, the RFP closed on PlanetBids. The City received three detailed proposals from qualified consultants. After detailed review of all the proposals, staff selected checkerboardSTUDIOS Consultant Firm. On March 18, 2021, staff kicked off the project with the Consultant and staff from Planning, Building & Safety, Public Works, and Fire. This will be a joined effort between the internal departments and the consultant. Staff is working with the consultant on the first task (Phase 1: Schematic Design), staff has provided feedback of the Schematic Design taking into consideration the School District and Development Impact Fee (DIF) fees, and appropriate unit type and size. On, October 19, 2021, staff presented at the draft site plan and architecture designs to the Southern Riverside County Association of Realtors (SRCAR). On November 30, 2021, staff held an Open House to solicit feedback from the professional community (i.e., Engineers, Contractors, Architects, etc.), the meeting will be open to the public. The Consultant is working on the construction drawings. (RABIDOU)
Transportation Discovery and Existing Conditions Analysis (LR20-1071): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare an internal document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan Update process and timeline. The City has hired Fehr & Peers (F&P) to document existing transportation conditions in the City, provide benchmarking information on how transportation facilities, transportation use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of the current Circulation Element has been implemented. Staff worked with F&P to identify methodology, thresholds, and mitigation to address VMT for the California Environmental Quality Act evaluation, which the City Council adopted in May 2020. On July 19, 2021, Staff has a scheduled internal meeting with Fehr & Peers, they present to staff the Data Collection Status. Currently, the consultant is developing the three scenario runs to be reviewed by staff prior to conducting a full model run. (PETERS) Mobile Food Trucks (LR20-1472): On February 23, 2021, staff presented to the Economic Development Subcommittee members (ME/JS) on Mobile Food Trucks (MFT). This was a noticed meeting with one public comment in favor of MFT, read by Stuart Fisk. The intent of the meeting was to get the subcommittee's feedback on the potential for MFT to operate in the City. Staff presented the definition of MFTs, existing regulations, standards of operation to consider, and Pros & Cons list. The subcommittee advised staff to create a framework and come back to the committee for discussion. Staff is working on developing the framework. Staff took the draft to Community Development Brainstorming Meeting on May 4, 2022, for review. Revisions necessary. (COLLINS)
Shopping Cart Ordinance (LR21-0909): An ordinance to modify Title 9 Public Peace, Morals and Welfare of the Temecula Municipal Code to regulate shopping carts. Shopping carts continue to be left throughout

the City, costing taxpayers and businesses money to retrieve, repair or replace these carts. The ordinance proposes mandatory physical measures for all retailers with shopping carts, exemptions provided for, exemptions are invalid for retailers whose carts are found more than 3 times in a 12-month period. Staff presented the draft ordinance to the City Council Public Safety Subcommittee on January 18, 2022 (Rahn, Edwards), direction to staff was to conduct more outreach to businesses, chamber of commerce as well as to present the ordinance to the Planning Commission Commercial Center Subcommittee. Staff hand delivered 82 letters to all businesses within the City, presented the draft ordinance to the Temecula Valley Chamber of Commerce on January 11, 2022, and presented to Planning Commission Commercial Center Subcommittee on February 16, 2022 (Turley-Trejo, Watts). Commissioners were supportive of the ordinance, recommended the framing be as a responsibility and not assign blame. Staff was requested to present again to the Subcommittee's to show outreach efforts and report feedback. The Shopping Cart Ordinance is schedule for City Council on July 12, 2022. (COLLINS) Temecula Creek Wildfire Risk Reduction Community Plan (LR21-1331): Temecula applied for and was awarded a $300,000 grant to develop Temecula's first Community Wildfire Protection Plan (CWPP).

The grant has a $78,000 match (staff time), the remainder is to onboard a consultant to draft the plan. Staff is drafting the Request for Proposals (RFP) and is scheduled to be released for bids on June 20, 2022. (COLLINS)

HOUSING
Las Haciendas Affordable Housing Project: The City is processing a Development Plan for a 77-unit affordable multi -family housing community consisting of two residential buildings, a community building and tuck -under parking located at 28715 Las Haciendas. The City Council approved a Loan Agreement with Community Housing Works (CHW) for the use of affordable housing tax allocation bond proceeds on May 26, 2020. The developer held a virtual community workshop on July 28, 2020. The item was approved by the Planning Commission on October 7, 2020. An amendment to the Loan Agreement was approved at the April 27, 2021, City Council meeting. A tax allocation application was forwarded to the state in March 2021.

The applicant has submitted Building Permits and Grading Permits. CHW was awarded tax credits in June 2021. The project is under construction. (RABIDOU, WATSON) Vine Creek Disposition and Development Agreement (DDA): City Council approved the DDA with Temecula Pacific Associates on June 25, 2019, for the development of 60 affordable units on City -owned property on Pujol Street. The developer is looking to secure financing from the State of California prior to construction. The City and developer will collaborate with the County of Riverside and the State Department of Housing and Community Development for additional funding opportunities through the Permanent Local Housing Allocation grant. A tax allocation application was forwarded to the state in March 2021. (WATSON)
Housing Element Update (LR18-1620): The City is working with De Novo Planning Group to update the 2021-29 Housing Element. De Novo will also assist with the Regional Housing Needs Assessment (RHNA) process, community engagement, and California Environmental Quality Act. The current Housing Element was certified by the Department of Housing and Community Development (HCD) in 2013 and serves as the foundation for the update. The Housing Element is a required part of the City's General Plan and is a blueprint for meeting the housing needs of residents, at all economic levels, and addressing segments of the population with special needs. The City Council General Plan Ad Hoc Subcommittee, consisting of Council

Member Edwards and Mayor Rahn, and the Planning Commission General Plan Ad Hoc Subcommittee, consisting of Commissioners Watts and Turley-Trejo, will serve as advisory bodies.

Running concurrently with the Housing Element Update is the Regional Housing Needs Assessment (RHNA). The RHNA planning cycle is an eight -year cycle and covers October 2021 through October 2029.

The Final RHNA allocation was issued in September 2020. Staff is working with the consultant to update data and write draft chapters. A Housing Workshop was held on August 17, 2021, with approximately 12 attendees. The item was recommended for adoption by the Planning Commission at the September 15, 2021, Planning Commission meeting. The Riverside County Airport Land Use Commission (ALUC) and California Board of Forestry and Fire Protection have signed -off on the Housing Element. The item was approved by the City Council on October 12, 2021. The City Council adopted the revised Housing Element on February 8, 2022. Staff has received a comment letter from HCD and will be making recommended changes. (RABIDOU, PETERS)

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Five Year Consolidated Plan: The City is kicking -off an update to the CDBG Consolidated Plan.

Workshops were held on October 27, 2021. Citizens and other stakeholders attended the meeting and provided feedback. The survey period concluded in late January 2022. Additional information will be available at TemeculaCA.gov/CDBG. The item was approved by City Council in April 2022. (RABIDOU,

WATSON)

BUILDING & SAFETY
Building and Safety statistics for May 2022 are highlighted in the following table.

Building & Safety Statistics
May 2022
Permits
423
New Single Family Units
38 New Commercial Building
1 Photovoltaic
97 Tenant Improvements
11 Non Construction C of O
26 Number of Active Plan Checks
1028
Number of New Plan Checks
206
Number of Finaled Permits
270
Inspections
2656
Inspections Per Day
126
Inspections Per Person Per Day '
32 Stops Per Month
867
�
Vsitors to Co nter
309

New Construction Projects Currently in Plan Check
❑ Truax Hotel (161,586 SF)
❑ Parking Structure on 3" Street (48,907 SF)
❑ Generations at Linfield - memory care/assisted living (59 apartments and 32 condos) ❑ Hotel (38,202 SF) on Jefferson and Winchester
❑ Hotel Curio (72,486 SF with 31,808 SF basement Parking) 41h Street ❑ Solana Way Senior Assisted Living and Memory Care (72,882 SF) ❑ Temecula Hyundai Service Building (5,753 SF)
❑ New Industrial Building (32,792 SF)
❑ New Margarita Recreation Center (8,161 SF)
❑ Nine (9) Industrial Buildings — Mountain View (219,609 SF total) ❑ Longhorn Steakhouse (5,710 SF) (old Marie Callendar's location) Non -Construction Certificate of Occupancy
❑ The Urban Island Restaurant (2,600 SF)
❑ Live Well Family Counseling (2,234 SF)
Tenant Improvement
❑ Dave's Hot Chicken (1,924 SF)
❑ Boba Time (819 SF)

CODE ENFORCEMENT
During the month May, Code Enforcement responded to 121 web inquiries. In addition, the division opened 115 code cases, conducted 133 regular inspections, and forwarded 44 referrals.

Type of Code Case I May
ned or Inoperable Vehicle 0
scant Home / Prop. Maintenance/Infestation/ Mold 3
.isiness or Home Occupation w/o license/CUP 4
ash and Debris / Dumping 14
vergrown Vegetation / Weeds / Fire Hazard 15
reen Pool / Vector Control / Stagnant Water 3
raffiti 14
Noise/ N u i sa n ce/An 1 mall Control
11 Trai Ier / RV Stored/Boat/Pa rki ng
13 Construction w/o Permit/Building Code
7 Encroach Public ROW /Trash Cans
12 Zoning/Signs
13 Public Safety & Health
1 total Humber of Cases
115

Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties.

FandImunTracHng I May 2022
Residential - Default 37
Residential - Foreclosure 10
residential - REO 15
rota)- Residential
:ommercial - Default
-ommercial - Foreclosure 0
ommercial - IRFO 2
I - Commercial I 2
ATTACHMENT: Current Planning Activity Report

PLANNING ACTIVITY REPORT
Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant Company
Owner
Plan Type
Status
PA22-0484 42168 Stonewood Rd 921-300-011 Yannin Marquez 05/02/2022 05/25/2022 Meaghan

SOMERSET LP
PL Zoning or
Completed
Temecula, CA 92591
Flanagan
Planning Letter
Case Title / Description: Stonewood Apartments ZL: a Zoning Letter request for 42168 and 42211 Stonewood Road (APN 921300011 and 921300012).

PA22-0488 909-310-002 Yannin Marquez 05/02/2022 05/11/2022 Daniel Lee
PATRICIA GUZIK PL Zoning or
Completed
CA
Planning Letter
Case Title / Description: Winchester & Diaz Road ZL: a Zoning Verification Letter for four (4) parcels on Winchester Road with the Assessor's Parcel Numbers 909-310-002, -003, -004, -005.

PA22-0490 910-272-022 Yannin Marquez 05/02/2022 05/26/2022 Midi Kimura
Temecula
PL Zoning or
Completed
CA
Extended Stay
Planning Letter
LLC
Case Title / Description: Madison West ZL: a Zoning Letter Verification for the two vacant parcels with Assessor's Parcel Numbers 910-272-022 and 910-272-023.

PA22-0493 41980 Winchester Rd 909-310-072 Yannin Marquez 05/02/2022 05/27/2022 Monique King
Exeter 41980
PL Zoning or
Completed
Temecula, CA 92590
Winchester Rd.

Planning Letter
Case Title / Description: 41980 Winchester Road ZL: a Zoning Letter request for 41980 Winchester Road (APN 909-310-072).

PA22-0494 964-640-004 Scott Cooper 05/03/2022
Trent Heiner

SHAWOOD
PL Residential
Plan Review
Temecula, CA 92591
Communities
Tract Product
Review
Case Title / Description: Sommers Bend PA19 Shawood HPR: Home Product Review for Planning Area 19 of the Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans with three (3) architectural styles consisting of 16 lots.

PA22-0495 32357 Daybrook Terrace 964-740-005 Scott Cooper 05/03/2022 Trent Heiner

SHAWOOD
PL Residential
Plan Review
Temecula, CA 92591
Communities
Tract Product
Review
Case Title / Description: Sommers Bend PA20B Shawood HPR: Home Product Review for Planning Area 20B of the Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans with three (3) architectural styles consisting of 23 lots.

Page 1 of 4 ends

Assigned Planner Approval
PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA22-0496 964-770-009 Scott Cooper 05/03/2022 Trent Heiner SHAWOOD PL Residential Plan Review CA Communities Tract Product
Review
Case Title / Description: Sommers Bend PA21 Shawood HPR: Home Product Review for Planning Area 21 of the Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans with three (3) architectural styles consisting of 18 lots.

PA22-0507 39120 Pala Vista Dr 957-340-019 Yannin Marquez 05/05/2022 Jan McCarty
PL Vendor Out
Temecula, CA
License
Case Title / Description: Chos Vending Cart: A Vending Cart License for a roaming vending cart serving nachos and icee/smoothie drinks intended for various parks and residential areas.

PA22-0510 28845 Pujol St 922-260-028 Yannin Marquez 05/05/2022 05/31/2022 Jose Linares
Foothills at Old PL Modifications Approved
Temecula, CA 92590
Town
Case Title / Description: Foothills at Old Town Solar MOD: A new roof mounted solar consisting of 96 modules for Foothills Old Town Recreation Center at 28845 Pujol Street.

PA22-0519 28225 Heirloom Dr 916-400-035 Scott Cooper 05/09/2022 05/10/2022 Efrem Joelson
Meritage Homes PL Minor Approved
Temecula, CA 92591
of California, Inc. Exception
Case Title / Description: Heirloom Farms Minor Exception: A Minor Exception for a reduction of the porch setback for Lots 56, 90, and 97 from the back of sidewalk by up to 15% for the Heirloom Farms project.

PA22-0522 31433 Corte Madera 954-112-003 Yannin Marquez 05/10/2022 05/26/2022 Urmila Chandran
Urmila Chandran PL Modifications Approved
Temecula, CA 92592
Case Title / Description: Chandran Residential Addition MOD: a Modification Application for the addition of 173.5 square feet to the master bedroom at the rear of the existing home located at 31433 Corte Madera.

PA22-0533 32131 Verbena Way 964-681-004 Scott Cooper 05/13/2022 05/13/2022 Edgar Gomez
Richmond PL Modifications Approved
Temecula, CA 92591
American Homes
Case Title / Description: Sommers Bend PA16B PPP MOD: A Modification (Planning Review Only) to modify the previously approved Product Placement Plan to change the building plotting on lot 8 within Planning Area 16B of Sommers Bend
PA22-0535 30370 Cupeno Ln 922-342-021 Yannin Marquez 05/13/2022 Nathan
Nathan PL Accessory Plan Review
Temecula, CA 92592
Ringkamp
Ringkamp Dwelling Unit
Case Title / Description: Ringkamp Residence Accessory Dwelling Unit: A 546 square -foot Accessory Dwelling Unit (ADU) attached to the existing residential property located at 30370 Cupeno Lane.

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Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant Company Owner
Plan Type
Status
PA22-0559 31781 Temecula Pky 961-080-021 Yannin Marquez 05/23/2022 Adrian New Plan Excel
PL Sign Program
Out
Temecula, CA 92592
Castaneda Realty Trust Inc.

Case Title / Description: Five Below Vail Ranch Sign Program Amendment: A Sign Program Amendment application to increase the size of the sign on an existing building located at 31781 Temecula Parkway.

PA22-0590 41797 Nicole Ln 921-680-033 Scott Cooper 05/26/2022 Upma Sharma Mike Lee
PL Modifications
Plan Review
Temecula, CA 92591
Case Title / Description: 41797 Nicole Ln. Solar MOD: A Modification (Planning Review Only) for the addition of 58 roof mounted solar panels at 41797 Nicole Lane PA22-0593 42684 Avenida Alvarado 909-290-049 Scott Cooper 05/27/2022 Mario Calvillo MS -Mountain
PL Development
Plan Review
Temecula, CA 92590
View, LLC
Plan
Case Title / Description: MS Mountain View - Bldg 14 DP: Development Plan for the construction of an approximately 21,793 square foot industrial building located at 42684 Avenida Alvarado PA22-0594 42673 Avenida Alvarado 909-290-014 Scott Cooper 05/27/2022 Mario Calvillo MS -Mountain
PL Development
Plan Review
Temecula, CA 92590
View, LLC
Plan
Case Title / Description: MS Mountain View - Bldg 18 DP: Development Plan for the construction of an approximately 11,369 square foot industrial building located at 42673 Avenida Alvarado PA22-0595 42661 Avenida Alvarado 909-290-078 Scott Cooper 05/27/2022 Mario Calvillo MS -Mountain
PL Development
Plan Review
Temecula, CA 92590
View, LLC
Plan
Case Title / Description: MS Mountain View - Bldg 19 DP: Development Plan for the construction of an approximately 22,679 square foot industrial building located at 42661 Avenida Alvarado PA22-0599 41630 Winchester Rd 909-270-057 05/31/2022
Jie Lu Jie Lu SUSAN STEELE
PL Massage
Plan Review
Temecula, CA 92590
Permits
Case Title / Description: Rancho Massage MEP: a massage establishment permit application renewal for Rancho Massage located at 41630 Winchester Road, Suite A.

PREAPP22-0 41920 6Th St 922-024-027 Eric Jones 05/10/2022 06/02/2022 Stephen Smith
PL
Completed
521 Temecula, CA 92590
Pre -Application
Case Title / Description: Temecula Hotel - Galway House Pre -Application: A Pre -Application to review an approximately 120,000 square foot hotel with 120 rooms. The project is located at 41920 6th Street.

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Assigned Planner Approval
PA Number Project Address APN Apply Date Date Applicant Company PREAPP22-0 27919 Jefferson Ave 921-050-013 Eric Jones 05/23/2022 Kelsey Chambers 557 Temecula, CA 92590
Case Title / Description: 412 Church Temecula Valley Pre -Application: A Pre -Application to review proposed fagade revisions for an existing commercial structure located at 27919 Jefferson Avenue.

Owner Plan Type Status
PL Plan Review
Pre -Application
PREAPP22-0 27345 Jefferson Ave 909-270-044 Eric Jones 05/23/2022 Temecula Capital Temecula PL Plan Review 558 Temecula, CA 92590 Capital Pre -Application
Case Title / Description: Al Plastic Surgery Office Addition Pre -Application: A Pre -Application to review a proposed expansion of an existing commercial structure located at 27345 Jefferson Avenue.

Page 4 of 4 ends

REQUESTS TO SPEAK

AND ELECTRONIC

COMMENTS SUBMITTED

FOR THE RECORD

REQUEST TO SPEAK

CITY OF TEMECULA
Date:

Public Comment: Non -Agenda Item: Ey"Agenda Item: El
Agenda Item No. For ❑ Against
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the �aker is called to speak, please come forward to the podium and state your name for the record.

Name: 1 /v r r ` C " _ v W Phone Number:

Address
Email address:

If you are representing an organization or group, please give the name - CT e- � 5W
V1
a)\c3w
Please note that all information presented at a City Council meeting becomes public record.

All information provided is optional. JC`
N\c s �U�� ��� all � Av'y�'
`

t"v 0 4A' -

REQUEST TO SPEAK

CITY OF TEMECULA
Date:

Public Comment: Non -Agenda Item: Agenda Item:

Agenda Item No. For Against ❑
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk rp for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record
Name: ✓_(J �) � �'e / Phone Number:

Address
Email address:

If you are representing an organization or group, please give the name:

Please note that all information presented at a City Council meeting becomes public record.

All information provided is optional.

From: Randi Johl
Sent: Wednesday, July 13, 2022 10:47 AM
To: Erika Ramirez
Subject: FW: Public comment
[Verified City Account]
-----Original Message -----
From: Suzanne Lane
Subject: Public comment
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good evening.

In regards to the drag queen shows in old town temecula, this type of entertainment is inappropriate for Temecula and old town where so many families are present. Temecula has historically been a classy family friendly place. A Bible Belt of Southern California. We do not approve of this element! The schools are already strategically sexualizing our children and grandchildren Please do not add to this! This lewd entertainment is detrimental and only the beginning of the slippery slope that follows if allowed to continue.

Are there no standards whatsoever for what we should desire in our Temecula businesses? Are you hoping that we are the next Las Vegas? Strip clubs, satanist clubs? Where is the line? If you Have a moral compass and a line that can be crossed, please figure out what it is soon! This drag queen agenda is rampant throughout our state and nation right now and clearly part of the Woke agenda. It needs to be prohibited now.

Thank you.

Suzanne Lane
Sent from my iPhone
1

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