information that is prohibited by federal, state or local laws or regulations, including without limitation laws and regulations relating to privacy and personally identifiable information. 19761. Permissible Online Sports Betting Types and Events. (a)(1) The Division shall maintain in real time a publicly accessible list of sports events, sports leagues, and bet types that are authorized for online sports betting pursuant to this chapter. (2) An online sports betting operator may accept bets on sports events, sports leagues, and bet types appearing on the list.
(3) An online sports betting operator may submit a written request to the Division seeking additional sporting events, sports leagues, or bet types to be added to the list maintained pursuant to this section.
(b) The Division shall consider the following factors when making determinations on requests submitted pursuant to paragraph (3) of subdivision (a):
(1) Whether the outcome of the sporting event or bet type can be verified. (2) Whether the outcome of the sporting event may be affected by any bet type placed. (3) Whether the sporting event is conducted in conformity with all applicable laws. (c) No bets shall be authorized or allowed upon any of the following with respect to sporting events:
(1) The occurrence of injuries or penalties.
(2) The outcome of player discipline rulings.
(3) The outcome of replay reviews.
(d)(1) The Division shall approve or deny a request made pursuant to paragraph (3) of subdivision (a) within five business days of receipt of the request.
(2) The Division shall make good faith efforts to issue a determination in advance of the next opportunity for bets to be offered or accepted on the sporting event, sports league, or bet type subject to the request if the online sports betting operator makes the request at least three business days in advance thereof. If the request is approved, the sporting event, sports league, or bet type shall be added without delay to the list maintained pursuant to paragraph (1) of subdivision (a).
(3) If the Division does not communicate its determination to the online sports betting operator within five business days of receipt of the request, then both of the following shall apply:
(A) The online sports betting operator shall be permitted to offer betting on the next occurrence of the sporting event, sports league, or bet type after expiration of the five -business day deadline.
(B) The Division shall add without delay the sporting event, sports league, or bet type to the list maintained pursuant to paragraph (1) of subdivision (a). (e) If a sports event or sports league has been generally authorized by the Division pursuant to this section, an online sports betting operator may accept bets on all sports events of the kind generally conducted by that sports league.
ARTICLE 4. Online Sports Betting Operators.
19762. Online Sports Betting Authorized.
(a) Online sports betting is hereby authorized to be offered, conducted, and/or operated in this State consistent with this chapter and Section 19.5 of Article IV of the California Constitution.
(b) Online sports betting shall only be offered, conducted, and/or operated in this State pursuant to an online sports betting operator license issued by the Division to a gaming tribe, an online sports betting platform provider with an operating agreement with a gaming tribe, or a qualified gaming entity with a market access agreement with a gaming tribe.
(c) No person may engage in any activity in connection with online sports betting in this State unless all necessary licenses or temporary licenses have been obtained pursuant to this chapter and the rules and regulations of the Division.
(d) An online sports betting operator license issued pursuant to this chapter does not entitle the license holder to accept any bet from a person who is physically present on Indian lands when the bet is made or initiated.
19763. Online Sports Betting Operator Licenses.
(a) A license shall be obtained by each online sports betting operator as provided in this chapter.
(b)(1) An online sports betting operator license may be applied for in the following ways:
(A) By a gaming tribe (a "tribal application"). Under a tribal application, the gaming tribe is the operator applicant. If the application is approved, the online sports betting operator license shall be issued to the gaming tribe (a "tribal operator license"). (B) By a qualified gaming entity (a "qualified gaming entity application"). Under a qualified gaming entity application, the qualified gaming entity shall be the operator applicant. If the application is approved, the online sports betting operator license shall be issued to the qualified gaming entity (a "qualified gaming entity operator license"). (C) By an online sports betting platform provider (an "online sports betting platform provider application"). Under an online sports betting platform provider application, the online sports betting platform provider shall be the operator applicant. If the application is approved, the online sports betting operator license shall be issued to the online sports betting platform provider (an "online sports betting platform provider operator license"). (2) No person may obtain an online sports betting operator license pursuant to this section except a gaming tribe, a qualified gaming entity, or an online sports betting platform provider.
(3) Beyond the express requirements of this chapter, the Division may specify additional information required to be submitted as part of a tribal application, qualified gaming entity application, or an online sports betting platform provider application. (c)(1) An operator applicant shall submit an application to the Division in the manner prescribed by the Division together with an application fee of one hundred fifty thousand dollars ($150,000).
(2)(A) The application fee in paragraph (1) shall cover up to two thousand (2,000) hours of Division professional staff time expended on matters directly related to the application. (B) The operator applicant shall reimburse the Division for any additional hours required to process the application at the hourly rate for human resource services used by the Contracted Human Resources Unit within the Department of General Services Office of Human Resources, as set forth in the Department of General Services Price Book. (3) In no event shall the combined total amount paid by an operator applicant pursuant to this subdivision exceed two hundred fifty thousand dollars ($250,000). (d) In determining whether to approve an operator applicant's application to become an online sports betting operator, the Division may request from the operator applicant, and consider, any or all of the following information:
(1) Whether the operator applicant has adequate capitalization and the financial ability to responsibly pay its secured and unsecured debts in accordance with its financing agreements and other contractual obligations.
(2) Whether the operator applicant has a history of material noncompliance with sports betting licensing requirements of this State, any other U.S. state or territory, or the United States, where the noncompliance resulted in a material enforcement action by the government agency with authority over the operator applicant.
(3) Whether the operator applicant or any key person of the operator applicant has been indicted for, charged with, arrested for, or convicted of, pleaded guilty or nolo contendere to, or
forfeited bail concerning, any misdemeanor or felony criminal offense under the laws of this State, any other U.S. state or territory, or the United States, except for traffic violations. (4) Whether the operator applicant has filed, or had filed against it, a proceeding for bankruptcy or has ever been involved in any formal process to adjust, defer, suspend, or otherwise work out the payment of any debt.
(5) Whether the operator applicant has a history of material noncompliance with any regulatory requirements of this State, any other U.S. state or territory, or the United States, where the noncompliance resulted in material enforcement actions by the government agency with authority over the operator applicant.
(e) Upon approval by the Division, and payment of an initial license fee as provided in subdivision (f), the Division shall issue the online sports betting operator license, which shall expire five years from the date of issuance.
(f) Upon notice by the Division that it has approved the application for an online sports betting operator license, and before issuance of the license, the operator applicant shall pay an initial license fee to the Division as follows:
(1) The initial fee for a tribal operator license or online sports betting platform provider operator license shall be ten million dollars ($10,000,000). (2) The initial fee for a qualified gaming entity operator license shall be one hundred million dollars ($100,000,000).
(g) As part of an operator applicant's application, the Division may identify and require applications from specified key persons of the operator applicant as provided in Article 7. (h)(1) An online sports betting operator license authorizes the holder of the license to operate one online sports betting platform, subject to the branding provisions set forth in paragraph (2) of subdivision (i).
(2)(A) A person holding an online sports betting operator license may act as an online sports betting platform provider, provided that such person has:
(i) Submitted the documentation required by Section 19767 for online sports betting platform providers.
(ii) Paid an initial license fee pursuant to paragraph (1) of subdivision (f) for each gaming tribe for which it is an online sports betting platform provider. (B) An online sports betting platform provider shall not provide any service described within the definition of "online sports betting platform provider" to any gaming tribe other than as provided in this subdivision.
(i)(1)(A) Where a gaming tribe is issued a tribal operator license, the gaming tribe shall operate the online sports betting platform only under the gaming tribe's own name or, if the tribe became a gaming tribe on or before July 1, 2021, a trademark owned by the gaming tribe as of July 1, 2021.
(B) If a tribe becomes a gaming tribe after July 1, 2021, the gaming tribe shall operate any online sports betting platform only under the gaming tribe's own name. (2) Where a qualified gaming entity is issued a qualified gaming entity operator license, it may operate its online sports betting platform under one of the following names, chosen at the discretion of the qualified gaming entity:
(A) The name, trade name, licensed trademark, or assumed business name of the qualified gaming entity.
(B) The name, trade name, licensed trademark, or assumed business name of an affiliate of the qualified gaming entity.
(C) The name of the gaming tribe with which the qualified gaming entity has a market access agreement.
(D) If the tribe with which the qualified gaming entity has a market access agreement became a gaming tribe on or before July 1, 2021, a trademark owned by the gaming tribe as of July 1, 2021.
(E) Any combination of the names described in subparagraph (A) through subparagraph :E
(3) Where an online sports betting platform provider is issued an online sports betting platform provider operator license, the online sports betting platform provider shall operate, or facilitate or support the operation of, the online sports betting platform only under a name permitted under subparagraph (A) or subparagraph (B) of paragraph (1) of this subdivision for use by the gaming tribe to which the online sports betting platform provider is providing services pursuant to an operating agreement.
19764. Temporary Online Sports Betting Operator Licenses. (a) The Division shall issue a temporary online sports betting operator license to any operator applicant if all of the following conditions are satisfied:
(1) The operator applicant has submitted an application pursuant to Section 19763. (2) The operator applicant satisfies the conditions of paragraph (1) or paragraph (2) of subdivision (ii) of Section 19794.
(3) The operator applicant pays the initial license fee as set forth in subdivision (f) of Section 19763.
(b)(1) Within 30 days of receiving a request for a temporary license, the Division shall issue the temporary online sports betting operator license to an operator applicant that satisfies the requirements of subdivision (a). The temporary license shall expire two years from the date it is issued or on the date the Division issues a license to the operator applicant pursuant to Section 19763, whichever occurs first.
(2) A temporary license issued pursuant to this section entitles a person to immediately engage in all activities that may be undertaken by a person holding a license issued pursuant to Section 19763.
(c) If the Division fails to make a final determination on the application submitted pursuant to Section 19763 within the initial two-year period of temporary licensure, then the
temporary license shall be extended in two-year increments or until a final determination is made, whichever occurs first.
19765. Online Sports Betting Platform Testing.
(a) If the Division imposes a testing requirement for online sports betting platforms, it shall accept either of the following test results for the online sports betting platform in lieu of a new test, if issued not more than 180 days before the date the relevant application is submitted pursuant to this article or Article 6:
(1) A satisfactory result issued by an independent testing laboratory, if the laboratory has been approved to conduct such testing by the Division or a U.S. state or territory. (2) A satisfactory result issued by a U.S. state or territory. (b) This section shall apply to online sports betting operators, including online sports betting platform providers, and online sports betting suppliers. 19766. Renewal of Online Sports Betting Operator Licenses. (a) The Division shall establish a process for an online sports betting operator to renew its license consistent with this section.
(b) When seeking to obtain a license renewal, an online sports betting operator shall submit to the Division both of the following:
(1) All documentation or information as the Division may require demonstrating that the online sports betting operator continues to meet the requirements of this chapter and the regulations of the Division.
(2) A renewal application fee of fifty thousand dollars ($50,000). (c) If an online sports betting operator submits a renewal application to the Division at least 60 days prior to the expiration of the operator's current license, then the Division shall make a determination on the renewal application prior to the expiration of the current license.
(d) The Division shall renew the online sports betting operator license for an additional five-year period unless the online sports betting operator's renewal application demonstrates that it will be unable to satisfy all requirements of this chapter and regulations of the Division. Upon renewal of the license, the online sports betting operator shall pay a license renewal fee of one million dollars ($1,000,000) for a tribal operator license or online sports betting platform provider operator license and ten million dollars ($10,000,000) for a qualified gaming entity operator license.
19767. Documentation Requirements Relative to Gaming Tribes. (a) Before conducting sports betting in this state pursuant to licenses issued under this article, the person holding a qualified gaming entity operator license or an online sports betting platform provider operator license shall submit copies of an agreement between the license holder and a gaming tribe as follows:
(b) The holder of a qualified gaming entity operator license shall submit to the Division a market access agreement, entered into between the qualified gaming entity and a gaming tribe, relative to the qualified gaming entity's offering of online sports betting in this state. The terms of the market access agreement shall be determined solely by the parties to the agreement. (c) The holder of an online sports betting platform provider operator license shall submit to the Division an operating agreement, entered into between the online sports betting platform provider and a gaming tribe. The purpose of the operating agreement is to specify the allocation of rights, responsibilities, and obligations between the online sports betting platform provider and the gaming tribe to which the platform provider is providing services. (1) The operating agreement shall be binding on the parties. Once approved by the Division, material changes to the operating agreement shall not be made without the written approval of the Division. The Division shall issue its written response to any request for a material change to an operating agreement within 10 business days of the request. (2) Matters that shall be specified in the operating agreement include, but are not limited to, the following:
(i) The name under which the online sports betting platform will be operated. (ii) The profit-sharing allocation, if any, between the gaming tribe and the online sports betting platform provider.
(iii) Any other information required by the Division.
(d) The Division may adopt a model or template operating agreement to be used by online sports betting platform providers.
19768. Processing Online Sports Betting Operator Applications. (a) Notwithstanding any contrary provision of law, an application submitted pursuant to this article or Article 6, and all documents, reports, and data submitted therewith, that contain proprietary information, trade secrets, financial information, or personal information about any person are exempt from disclosure under Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, or any successor law. (b) When an application under this article requires a criminal background investigation for an individual, and the individual has submitted to a criminal background check in this State or any other U.S. state or territory in the previous 12 months, the individual shall not be required to submit to another criminal background check, or another submission of fingerprints, if the individual submits the results of the previous criminal background and a declaration under penalty of perjury attesting that there has been no change in the individual's criminal history in the previous 12 months.
(c) The fees set forth in this article, Article 6, and Article 7 shall be adjusted decennially to reflect any increase in inflation as measured by the Consumer Price Index for All Urban Consumers (CPI-U). The Treasurer's office shall calculate and publish the adjustments required by this subdivision.
ARTICLE 5. State of California Jurisdiction Over Online Sports Betting. 19769. Jurisdiction Over Online Sports Betting Retained by State of California.
(a) The Division shall condition the issuance, maintenance, and renewal of every tribal operator license upon the gaming tribe irrevocably consenting to all of the following:
(1) Payment of the surcharge set forth in Section 19775 of this chapter, and any subsequent amendments thereto.
(2) Payment of penalties for any violations of this chapter as set forth in Section 19781 and all other fees imposed pursuant to this chapter or regulations adopted thereunder. (3) Compliance with all state laws governing online sports betting set forth in this chapter, and all regulations, rules, orders, and interpretations adopted or enforced pursuant to this chapter.
(4) Submission to the jurisdiction of the courts of this State, and any other appropriate state or federal court having jurisdiction and venue, for the limited purpose of enforcing this chapter, including all of the following:
(A) An express limited waiver of sovereign immunity, and any right to assert sovereign immunity, against this State or the Division.
(B) Consenting to be sued by the State of California or the Division in California state courts, and any other appropriate state or federal court having jurisdiction and venue, and to be bound by the judgments thereof, with respect to the limited purposes of paying the surcharge described in paragraph (1), paying penalties and fees described in paragraph (2), and complying with the laws, regulations, rules, orders, and interpretations described in paragraph (3). (C) An express waiver of exhaustion of tribal remedies. (5) Submission to the jurisdiction of the Division, including but not limited to inspection and audit of the gaming tribe's online sports betting operations and records to ensure the protection of minors and consumers, protection of sports integrity, and full and accurate payment of the surcharge set forth in Section 19775 of this chapter. (b) The Division shall not issue or renew a tribal operator license unless the gaming tribe complies with this section.
19770. Limitation on State Jurisdiction Over Gaming Tribes. (a) Notwithstanding anything to the contrary in this chapter, with respect to gaming tribes, this chapter regulates only online sports betting by persons physically present anywhere in this State but outside of Indian lands.
(b) This chapter does not extend State of California jurisdiction to the making or placing of bets by persons who are physically present on Indian lands at the time a bet is made or initiated.
(c) This chapter does not create or extend any State of California jurisdiction or regulatory authority over any other gaming operations of a federally recognized Indian tribe.
ARTICLE 6. Online Sports Betting Suppliers.
19771. Online Sports Betting Supplier Licenses.
(a) Online sports betting suppliers shall obtain a license pursuant to this article. (b)(1) Supplier applicants shall submit an online sports betting supplier application to the Division in the manner prescribed by the Division together with an application fee of twenty-five thousand dollars ($25,000).
(2)(A) The application fee in paragraph (1) shall cover up to three hundred thirty-three (333) hours of Division professional staff time expended on matters directly related to the application.
(B) The supplier applicant shall reimburse the Division for any additional hours required to process the application at the hourly rate for human resource services used by the Contracted Human Resources Unit within the Department of General Services Office of Human Resources, as set forth in the Department of General Services Price Book. (3) In no event shall the combined total amount paid by a supplier applicant pursuant to this subdivision exceed forty thousand dollars ($40,000).
(c)(1) Upon notice by the Division that it has approved the application for an online sports betting supplier license, and before issuance of the license, the supplier applicant shall pay an initial license fee of one hundred thousand dollars ($100,000) to the Division. (2) An online sports betting supplier license issued pursuant to this section is valid for five years from the date of issuance.
(d) A licensed online sports betting operator may perform any and all functions of an online sports betting supplier without obtaining a separate online sports betting supplier license. 19772. Temporary Online Sports Betting Supplier Licenses. (a) The Division shall issue a temporary online sports betting supplier license to any supplier applicant that has submitted an application pursuant to Section 19771 and has been licensed or similarly authorized to provide substantially the same services for online sports betting in at least two other U.S. states or territories. (b)(1) Within 30 days of receiving a request for a temporary license, the Division shall issue the temporary online sports betting supplier license to a qualified supplier applicant. The temporary license shall expire two years from the date it is issued or on the date the Division issues a license to the supplier applicant pursuant to Section 19771, whichever occurs first. (2) A temporary license issued pursuant to this section entitles a person to immediately engage in all activities that may be undertaken by a person holding a license issued pursuant to Section 19771.
(c) If the Division fails to make a final determination on the application submitted pursuant to Section 19771 within the initial two-year period of temporary licensure, then the temporary license shall be extended in two-year increments or until a final determination is made, whichever occurs first.
19773. Renewal of Online Sports Betting Supplier Licenses. (a) The Division shall establish a process for licensed online sports betting suppliers to renew their licenses consistent with this section.
(b) When seeking to obtain a license renewal, an online sports betting supplier shall submit to the Division both of the following:
(1) All documentation or information as the Division may require demonstrating that the online sports betting supplier continues to meet the requirements of this chapter and the regulations of the Division.
(2) A renewal application fee of ten thousand dollars ($10,000). (c) If the online sports betting supplier submits a renewal application to the Division at least 60 days prior to the expiration of the supplier's current license, then the Division shall make a determination on the renewal application prior to the expiration of the current license. (d) The Division shall renew the online sports betting supplier license for an additional five-year period unless the online sports betting supplier's renewal application demonstrates that it will be unable to satisfy all requirements of this chapter and regulations of the Division. Upon renewal of the license, the online sports betting supplier shall pay a license renewal fee of fifty thousand dollars ($50,000).
ARTICLE 7. Online Sports Betting Key Persons.
19774. Key Person Licenses.
(a)(1) The Division may require a key person of an online sports betting operator, operator applicant, online sports betting supplier, or supplier applicant to submit an application and obtain a license pursuant to this article.
(2) When key persons are required to submit applications pursuant to this article, the Division shall utilize a multijurisdictional licensing form used by other U.S. states and territories wherever possible. The Director shall obtain advice from the Committee regarding the most appropriate multijurisdictional licensing form to be used. (b)(1) The Division shall issue a temporary key person license if the person holds a comparable license or similar authorization issued by another U.S. state or territory where online sports betting is legal, including authorizations where a comprehensive suitability review of the
person was satisfactorily conducted in the course of licensing another entity but no formal license or similar document was issued to the person.
(2)(A) The Division may accept a comparable license or similar authorization described in paragraph (1) in full satisfaction of the requirement to obtain a key person license pursuant to this article. If the Division refuses to accept a comparable license or similar authorization from another U.S. state or territory, it shall provide written justification for its refusal to the person seeking licensure.
(B) Where the Division refuses to accept a comparable license or similar authorization, the person seeking licensure shall have the right to appeal the Division's decision to the Attorney General.
(c) For persons who do not qualify for a temporary key person license pursuant to subdivision (b), the Division may issue a temporary key person license upon satisfactory completion of a criminal background check.
(d) The Division may issue an online sports betting operator license or online sports betting supplier license, or a temporary version of those licenses, while a key person license application is still pending and undergoing review.
(e)(1) The Division may impose a key person application fee of up to two thousand four hundred dollars ($2,400).
(2)(A) The application fee in paragraph (1) shall cover up to one hundred (100) hours of Division professional staff time expended on matters directly related to the application. (B) The key person applicant shall reimburse the Division for any additional hours required to process the application at the hourly rate for human resource services used by the Contracted Human Resources Unit within the Department of General Services Office of Human Resources, as set forth in the Department of General Services Price Book. (3) In no event shall the combined total amount paid by a key person applicant pursuant to this subdivision exceed ten thousand dollars ($10,000).
(f) Prior to issuance of a key person license, the key person shall pay a license fee of seven hundred fifty dollars ($750).
(g) A key person license shall be valid for not less than five (5) years. The Division may impose a renewal application fee of not more than five hundred dollars ($500), and a renewal license fee of not more than seven hundred fifty dollars ($750). (h) The Division shall not require licensing of any persons who are not key persons, but may require criminal background checks of persons who are not key persons where good cause exists to do so.
ARTICLE 8. Online Sports Betting Surcharges.
19775. Online Sports Betting Operator Surcharge.
(a) There is hereby imposed upon each online sports betting operator a surcharge equal to ten percent (10%) of the online sports betting operator's adjusted gross online sports betting receipts derived from the offering, conduct, and/or operation of online sports betting in this State.
The accrual method of accounting shall be used for purposes of calculating the amount of surcharge owed by an online sports betting operator pursuant to this section. (b)(1) The surcharge imposed pursuant to this section is due and payable to the Division in monthly installments on or before the last calendar day of the month following the calendar month in which the adjusted gross online sports betting receipts were received. (2) An online sports betting operator shall complete and submit a return for the preceding month by electronic communication to the Division, on or before the last calendar day of each month, in the form prescribed by the Division. The return shall provide all of the following:
(A) The sports betting operator's total gross receipts and adjusted gross online sports betting receipts from offering, conducting, and/or operating online sports betting during the month.
(B) The surcharge amount for which the online sports betting operator is liable.
(C) Any additional information necessary in the computation and collection of the surcharge on adjusted gross online sports betting receipts required by the Division. (3) The surcharge amount shown to be due shall be remitted by electronic funds transfer simultaneously with the filing of the return.
(c)(1) An online sports betting operator's adjusted gross online sports betting receipts for a month is a negative number when the operator's total gross receipts taken in from the bets placed by patrons is less than the sum of all of the following:
(A) All winnings paid out to patrons who placed bets on the online sports betting operator's platform.
(B) All voided bets.
(C) All excise taxes paid pursuant to federal law.
(D) The value of all merchandise or property awarded as a prize to bettors. (2)(A) When an online sports betting operator's adjusted gross online sports betting receipts for a month is a negative number pursuant to the formula set forth in paragraph (1), the Division shall allow the operator to carry over the negative amount within twelve months and deduct such amount from its surcharge liability for that month. The Division may require the negative amount to be spread across multiple months within the twelve-month period. (B) The negative amount of adjusted gross receipts may not be carried back to an earlier month and moneys previously paid to the Division shall not be refunded, except if the online sports betting operator surrenders its license and the online sports betting operator's last return reported negative adjusted gross online sports betting receipts. (d)(1)(A) An online sports betting operator may take a credit against the surcharge described in subdivision (a) equal to twenty percent (20%) of the initial license fee paid pursuant to subdivision (f) of Section 19763 in each of the first five calendar years following the issuance of an initial online sports betting operator license or temporary license.
(B) If an online sports betting operator renews its license, the sum of any credit not applied in each of the first five calendar years following the issuance of an initial online sports betting operator license or temporary license may be carried forward into the sixth and subsequent calendar years until the credit is exhausted. (2)(A) An online sports betting operator may take a credit against the surcharge described in subdivision (a) equal to twenty percent (20%) of the renewal license fee paid pursuant to subdivision (d) Section 19766, plus any credit carried over pursuant to paragraph (1), in each of the five calendar years following renewal of an online sports betting operator license. (B) If an online sports betting operator renews its license more than once, the sum of any credit not applied in each of the first five calendar years following its previous renewal of an online sports betting license may be carried forward into the sixth and subsequent calendar years until it is exhausted.
(3) In no event shall the amount of credit applied pursuant to this subdivision reduce below zero the amount of surcharge owed for any calendar year. (4) The credit described in this subdivision can be taken against one or more monthly installments made pursuant to subdivision (b), so long as the total amount of credit taken does not exceed the limits set forth in paragraph (1) and paragraph (2). (e) The following shall be promptly transferred from the Division to the Controller for deposit into the Fund:
(1) Proceeds of the surcharge imposed pursuant to this section. (2) The fees and costs required by subdivisions (c) and (f) of Section 19763, subdivisions (b) and (d) of Section 19766, subdivisions (b) and (c) of Section 19771, and subdivisions (b) and (d) of Section 19773.
(3) Any amounts paid pursuant to of Section 19774.
(f) If requested by the Division, an online sports betting operator shall agree to engage an independent firm of certified public accountants approved by the Division to perform an annual
audit in order to ensure that the surcharge imposed by this section is being accurately calculated and paid.
19776. Surcharge on Bets Made Through Illegal or Tax -Exempt Online Sports Betting Platforms.
(a)(1) A tax is hereby imposed upon a bettor for the privilege of placing or making, while physically present in this State but outside of Indian lands, a bet on or through an illegal or tax- exempt online sports betting platform. The rate of tax shall be fifteen percent (15%) of the dollar amount bet on or through the illegal or tax-exempt online sports betting platform. (2) The People of the State of California hereby declare that the character of the tax imposed by this section, based upon its incidents and from its natural and legal effect, is an obligation upon the person placing or making the bet at the location where the individual is physically present when the bet is made or initiated, and not an obligation upon the owner or operator of the illegal or tax-exempt online sports betting platform. (b) The Division may adopt any regulation and take any action necessary or convenient for the implementation and enforcement of this section. The regulations may include, but are not limited to, all of the following:
(1) Requiring individuals placing or making a bet on or through an illegal or tax-exempt online sports betting platform to register with the Division prior to making or placing such a bet. (2) Requiring owners, operators, or agents of an illegal or tax-exempt online sports betting platform to disclose the names of persons who make or place a bet on or through the illegal or tax-exempt online sports betting platform while physically present in this State but outside of Indian lands.
(3)(A) Taking any and all legal actions against an owner, operator, business partner, or agent of an illegal or tax-exempt online sports betting platform that refuses to disclose names of bettors pursuant to paragraph (2), in order to compel the disclosure of the names sought.
(B) Actions may include blocking access to the Internet website or mobile application of the illegal or tax-exempt online sports betting platform from any and all locations in California but outside of Indian lands.
(4) Contracting with the Department of Tax and Fee Administration for assistance with administration and collection of the tax.
(5) Establishing deadlines for the payment and collection of the tax. The Division may require the tax to be paid at the time the bet is made or initiated, or on a daily, weekly, monthly, quarterly, semi-annual, or annual basis, or any combination thereof. (6) Publishing a list of known illegal or tax-exempt online sports betting platforms. (c) In addition to any other penalties, there is hereby established a civil penalty of one thousand dollars ($1,000) per day that any tax owed pursuant to this section is past due under regulations adopted by the Division. Proceeds of any penalties incurred under this subdivision shall be deposited into the Fund.
(d) Proceeds from the tax imposed by this section shall be deposited into the Fund. (e) The tax imposed pursuant to this section shall not apply to, or be imposed upon, any person for making or placing a bet of any kind if the person is physically present upon Indian lands at the time the bet is made or initiated.
(f) For purposes of this section, an "illegal or tax-exempt online sports betting platform" is an online sports betting platform that is any of the following:
(1) Owned by a person who is exempt from the surcharge imposed by Section 19775. (2) Owned or operated by a person who has not submitted to the jurisdiction and regulatory control of the Division.
(3) Owned or operated by a person who does not possess the licenses required by this chapter for the offering, conduct, and/or operation of online sports betting in this State but outside of Indian lands.
ARTICLE 9. Division of Online Sports Betting Control.
19777. Division of Online Sports Betting Control Established. (a) Notwithstanding any contrary provision of law, including but not limited to Part 6 of Division 3 of Title 2 of the Government Code, there is hereby established within the Department of Justice a Division of Online Sports Betting Control. (b) The Division shall continue in existence on and after the effective date of this chapter, and shall remain separate and independent from all other divisions, bureaus, branches, sections, and units within the Office of the Attorney General and the Department of Justice. (c) The Attorney General shall appoint a Director of the Division, who shall lead the Division in the performance of its duties. The Director shall serve at the pleasure of the Attorney General.
(d) Consistent with applicable civil service laws, the Attorney General shall retain, appoint, or assign employees to the Division sufficient to carry out its duties as set forth in this chapter and implementing regulations. The Attorney General shall consult with the Director regarding the number and qualifications of employees necessary for the Division to carry out its duties. The Division may contract for services that cannot be provided by employees. 19778. Powers of the Division.
(a) The Division is vested with exclusive power, authority, and jurisdiction to implement and enforce this chapter and supervise the offering, conduct, and/or operation of online sports betting in the State of California but outside of Indian lands. (b) The Division shall do all of the following:
(1) Exercise all of the powers of the Office of the Attorney General and the Department of Justice in the performance of its duties.
(2)(A) Adopt, amend, and rescind regulations necessary to carry out the purposes and provisions of this chapter.
(B) The Division shall consult with, and obtain written input from, the Committee prior to proposing, adopting, amending, or rescinding any regulation or emergency regulation. (C) The Division shall examine the regulations adopted in other U.S. states or territories where online sports betting is lawfully conducted and shall, as far as practicable, adopt a similar regulatory framework. The Division may enlist the assistance of the Committee in identifying and examining the relevant regulations adopted in other U.S. states or territories. (3) Establish and maintain an office for the transaction of its business in Sacramento. (c)(1) Included within the Division's general power to adopt, amend, and rescind regulations is the power to adopt regulations relating to (A) the acceptance of bets on a sports event, or a series of sports events; (B) the types of records which shall be kept; (C) the protections for patrons placing bets; and (D) the promotion of social responsibility, responsible gaming, and inclusion of the statement, "If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER," or similar message on an online sports betting platform. (2) Paragraph (1) is merely a partial description of the regulatory powers of the Division.
Nothing in paragraph (1) shall be interpreted as any limitation whatsoever on the powers of the Division.
(d) The Division shall not adopt or enforce any rule or regulation that either:
(1) Requires an online sports betting operator to maintain any hold, whether expressed as a percentage of bets, specific amounts, or otherwise.
(2) Requires that an online sports betting operator must report or display the handle or amount bet on individual sports events or bet types.
(e) The Division shall only deny, limit, condition, or restrict a license, permit, registration, or approval for good cause, subject to due process. (f) In addition to its other powers, the Division may take any of the following actions:
(1) Subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records, or other items material to the performance of the Division's duties or exercise of its powers, including, but not limited to, its power to audit a person's compliance with this chapter. (2) Institute and defend civil actions in any court to restrain or halt a violation of this chapter.
(3) Initiate disciplinary action for violations of this chapter. (4) Inspect equipment, supplies, and systems of any online sports betting operator or online sports betting supplier.
(5) Require any person to apply for a license, permit, registration, or approval as specified in this chapter or in any regulation adopted pursuant to this chapter. The Division may limit, condition, or restrict any license, permit, registration, or approval. 19779. Delegation of Power to the Director.
(a) All power necessary to carry out the administrative and executive functions of the Division is hereby delegated to the Director. These powers include, but are not limited to, all of the following:
(1) The issuance and renewal of licenses.
(2) The conduct of investigations, inspections, and audits. (3) The civil prosecution and settlement of violations of this chapter. (4) The approval of forms of betting, types of sports events, and sports leagues. (5) The granting of requests and waivers, answering inquiries, issuing interpretations, and otherwise taking all actions that are reasonably requested by applicants and licensees in furtherance of, and consistent with, the efficient administration and enforcement of this chapter.
(b) An applicant or licensee that receives an adverse determination, denial, or rejection from the Director may appeal the adverse determination, denial, or rejection to the Attorney General. The Attorney General shall independently review appeals brought pursuant to this subdivision de novo.
19780. Confidentiality.
(a) The Division shall maintain a file of all applications for licenses under this chapter.
The Division shall maintain a record of all actions taken with respect to those applications. (b) Except as necessary for the administration of this chapter, no person having obtained access to confidential records or information in the performance of duties pursuant to this chapter, shall knowingly disclose or furnish the records or information, or any part thereof, to any person who is not authorized by law to receive it. A violation of this subdivision is an infraction and may subject the violator to civil liability, including damages, and disciplinary action.
(c) Notwithstanding subdivision (k) of Section 1798.24 of the Civil Code, a court shall not compel disclosure of personal information in the possession of the Division to any person in any civil proceeding wherein the Division or Attorney General is not a party, except for good cause and upon a showing that the information cannot otherwise be obtained. This section shall not authorize the disclosure of personal information that is otherwise exempt from disclosure. (d) Disclosures that are required to be made to the Division as necessary for the administration of this Chapter shall not waive attorney -client privilege held by the person or affiliate of a person required to make such a disclosure. 19781. Fines and Penalties for Violations of Chapter.
(a) The Division may impose fines, place licensees on probation, and revoke licenses in response to violations of this chapter, subject to due process. The Division may impose fines upon any person holding, or required to hold, a license, permit, registration, or approval under this chapter or the regulations adopted pursuant to this chapter.
(b) The Division has the sole and exclusive power to enforce this chapter and impose fines and other penalties for violations of this chapter. (c) Maximum fines for violations of this chapter shall be as follows:
(1) For an online sports betting operator or online sports betting supplier:
(A) $15,000 where the violation involves a person under 21 years of age. (B) $10,000 for all other violations.
(2) For a key person:
(A) $7,500 where the violation involves a person under 21 years of age. (B) $5,000 for all other violations.
(3) For all other persons:
(A) $5,000 where the violation involves a person under 21 years of age. (B) $2,500 for all other violations.
(d) Notwithstanding subdivision (c), the maximum fine for multiple violations of this chapter arising out of the same transaction, occurrence, or set of circumstances shall be as follows:
action.
(1) $100,000 for an online sports betting operator or online sports betting supplier. (2) $50,000 for a key person.
(3) $25,000 for all other persons.
(e)(1) Nothing in this chapter shall be subject to, or construed to create, a private right of (2) Article 18 (commencing with Section 19990) of Chapter 5 of Division 8 shall not apply to any conduct made lawful by this chapter or regulations adopted thereunder.
19782. Emergency Regulations.
(a) The Division shall adopt emergency regulations sufficient to permit online sports betting to be offered, conducted, and/or operated in this State but outside of Indian lands.
Emergency regulations shall be adopted in accordance with the schedule set forth in Section 19791.
(b) Any emergency regulation adopted pursuant to this chapter shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding any other contrary provision of law, an emergency regulation adopted by the Division shall remain in effect until a permanent replacement regulation has been adopted.
19783. Reporting Violations to the Division.
Any person or entity holding a license, permit, or approval under this chapter shall report known violations of this chapter or other applicable law, or regulations adopted pursuant to this chapter, to the Division. Violations shall be reported with commercially reasonable promptness, which shall include adequate time to conduct an internal investigation concerning any potential violation.
19784. Division Start -Up Loan.
(a) Notwithstanding any other contrary provision of law, a loan in the amount of up to thirty million dollars ($30,000,000) is hereby made from the General Fund to the Attorney General for the purposes of establishing the Division, hiring a Director and other Division employees, securing office space for the Division, adopting regulations, reviewing and processing applications, and administering this chapter. (b) The loan shall be repaid within five years. The Legislature shall appropriate moneys in the Fund to repay the loan.
(c) The Controller and all other responsible state officials shall take all actions necessary to effectuate the loan required by this section.
ARTICLE 10. Online Sports Betting Independent Advisory Committee. 19785. Online Sports Betting Independent Advisory Committee Established. (a) An Online Sports Betting Independent Advisory Committee is hereby established within the Division.
(b) No individual holding federal, state, tribal, or local elected or appointed office and no officer or official of any political party is eligible for appointment to the Committee. (c) Nine members of the Committee constitute a quorum for purposes of voting and conducting business of the Committee.
(d) The Committee shall elect a chairperson from among its membership. The chairperson shall serve in that capacity for two years and is eligible for reelection. The chairperson shall preside at all meetings and shall have all the powers and privileges of other Committee members.
(e) The Committee shall meet not less than quarterly, and may hold additional regular and special meetings at the call of the Committee or the chairperson. (f) At least two employees of the Division shall be assigned full-time to staffing and supporting the Committee.
19786. Committee Membership.
(a) The Committee shall be composed of seventeen members appointed as follows:
(1) The Governor shall appoint four members as follows: one representative with expertise in law enforcement or public health, one representative of the general public, one representative of gaming tribes, and one representative of qualified gaming entities.
(2) The Assembly Speaker shall appoint three members as follows: one representative of the general public, one representative of gaming tribes, and one representative of qualified gaming entities.
(3) The Senate President Pro Tempore shall appoint three members as follows: one representative of the general public, one representative of gaming tribes, and one representative of qualified gaming entities.
(4) The Lieutenant Governor shall appoint two members as follows: one representative with expertise in responsible gaming, and one representative of gaming tribes or qualified gaming entities.
(5) The Controller shall appoint two members as follows: one representative with expertise in accounting, and one representative of gaming tribes. (6) The Treasurer shall appoint two members as follows: one representative with expertise in public finance, and one representative of qualified gaming entities. (7) The Secretary of State shall appoint one member with expertise in technology or privacy.
(b) No organization, including but not limited to a gaming tribe, qualified gaming entity, law enforcement organization, or public health organization, shall have more than one individual from their organization appointed to the Committee at any given time. (c) The Attorney General, or the Attorney General's representative, shall serve as a non- voting ex officio member of the Committee.
(d) Each member of the Committee shall either be a citizen and resident of the United States or satisfy the requirements of subdivision (b) of Section 1020 of the Government Code. 19787. Committee Member Terms.
(a) Each appointing authority described in Section 19786 shall make their initial appointments to the Committee in accordance with the schedule set forth in Section 19791.
(b) The term of initial appointees to the Committee shall begin on the forty-fifth day after the effective date of this chapter. The terms of initial appointees to the Committee shall be as follows:
(1) The Governor's and Lieutenant Governor's initial appointees shall serve for a term of four years.
(2) The Assembly Speaker's and Senate President Pro Tempore's initial appointees shall serve for a term of three years.
(3) The Controller's, Treasurer's, and Secretary of State's initial appointees shall serve for a term of two years.
(c) After the initial terms, the term of each appointed or reappointed Committee member shall be four years. Each member of the Committee shall serve until a successor is appointed. (d) A member of the Committee may be removed by the appointing authority for malfeasance in office or neglect of duty. No member shall be removed unless the reasons for removal are presented in writing to the member.
(e)(1) Within 10 days of the changed circumstance, a member of the Committee appointed to represent a specific expertise, organization, or type of entity shall notify in writing their appointing authority if they no longer possess or represent that specific expertise, organization, or type of entity, or are otherwise unable to continue serving as a member of the Committee.
(2) Upon receipt of the written notice by the appointing authority, the member's position on the Committee shall be deemed vacant. Within 30 days of receipt of the written notice, the appointing authority shall appoint a successor to serve the remainder of the former member's term. Upon expiration of the unexpired term, the successor may be appointed to a full term. 19788. Duties of the Committee.
(a) The Committee shall advise and make recommendations to the Division and Director with respect to implementing this chapter. The Committee shall advise and make
recommendations upon any aspect of implementing this chapter, including but not limited to, the following:
(1) Technologies and other measures that can be employed to prevent persons under 21 years of age from placing bets.
(2) Best online sports betting practices utilized in other U.S. states and territories. (3) Options consistent with this chapter that will responsibly maximize the amount of revenues paid into the Fund.
(4) Administrative and technical support guidance to the Division with respect to online sports betting.
(5) Recommendations on new regulations that should be adopted, and existing regulations that should be amended, updated, or rescinded. (b) The Committee is authorized, but not limited, to do any of the following:
(1) Undertake investigations or studies.
(2) Issue written reports.
(3) Post any report or recommendation on the Division's Internet website under the Committee's own link thereon.
19789. Compensation.
(a) Each Committee member, except ex officio members, shall be entitled to one hundred fifty dollars ($150) per diem. Per diem shall be paid to Committee members for each day spent in actual attendance at, or in traveling to and from, meetings of the Committee, or on special assignment for the Committee as approved by the Committee chairperson and the Director.
(b) No member of the Committee shall receive per diem for more than 40 days in a calendar year.
(c) Committee members shall receive the necessary traveling expenses and meal allowances, as approved by the Director.
(d) The per diem and reimbursement authorized in this section shall be wholly defrayed from moneys in the Fund.
ARTICLE 11. Amendment, Effective Date, and Commencement of Online Sports Betting. 19790. Amendment.
(a) The People of the State of California hereby declare as follows:
(1) Under subdivision (c) of Section 10 of Article II of the California Constitution, and as described in People v Kelly (2010) 47 CalAth 1008, the Legislature lacks power to make any amendments to an initiative statute without subsequent voter approval, unless specifically authorized by the People to make amendments without voter approval. (2) Under subdivision (c) of Section 10 of Article II of the California Constitution, and as described in Amwest Surety Insurance Company v. Wilson (1995) 11 CalAth 1243, where the People do authorize the Legislature to amend an initiative statute, the People have power to attach conditions to the authorization.
(b)(1) Except as provided in paragraph (2), after the effective date of this chapter, the Legislature may amend this chapter by a statute passed in each house of the Legislature by rollcall vote entered into the journal, five -sixths of the membership concurring, provided that the statute is consistent with, and furthers the purpose of, this chapter. No bill seeking to amend this chapter after the effective date of this chapter may be passed or ultimately become a statute unless the bill has been printed and distributed to members, and published on the Internet, in its final form, for at least 15 business days prior to its passage in either house of the Legislature. (2) Notwithstanding paragraph (1), the Legislature may amend the percentage allocation of moneys between the California Solutions to Homelessness and Mental Health Support
Account and the Tribal Economic Development Account set forth in subdivision (d), and paragraph (2) of subdivision (e), of Section 19750 by a statute passed in each house of the Legislature by rollcall vote entered into the journal, two-thirds of the membership concurring. (c) No statute enacted after October 1, 2021, but prior to the effective date of this chapter, that would constitute an amendment of this chapter, shall be operative after the effective date of this chapter unless the statute was passed in accordance with the requirements of subdivision (b). (d) The purposes of this chapter are described in Section 2 of the California Solutions to Homelessness and Mental Health Support Act.
19791. Effective Date and Commencement of Online Sports Betting. (a) This chapter shall take effect on the next January 1 following its approval by the People of the State of California.
(b) Not later than 30 days after the effective date of this chapter, all initial appointments to the Committee shall be made.
(c) Within 120 days after the effective date of this chapter, the Division shall publish proposed emergency regulations sufficient for implementing this chapter, including but not necessarily limited to, application forms for licenses and submissions authorized by Articles 4, 5, 6, and 7. The Division shall invite and consider comments on the proposed emergency regulations from the public and the Committee.
(d) Within 150 days after the effective date of this chapter, the Division shall adopt final emergency regulations implementing this chapter, including application forms as described in subdivision (c).
(e) Within 160 days after the effective date of this chapter, the Division shall begin accepting license applications from operator applicants, supplier applicants, key persons, and for temporary licenses. The Division shall make a determination on an application within 60 days of receipt thereof.
(f)(1) Within 240 days after the effective date of this chapter, the Division shall permit online sports betting operators to commence offering, conducting, and/or operating online sports betting in this State as provided in this chapter.
(2) All operator applicants that have submitted an application pursuant to Section 19763 within 30 days of the adoption of final emergency regulations pursuant to subdivision (d) shall be given an equal opportunity to first commence offering, conducting, and/or operating online sports betting in this State on the same day.
(3) All operator applicants that have submitted an application pursuant to both Section 19763 and Section 19764 within 30 days of the adoption of final emergency regulations pursuant to subdivision (d) shall be given an equal opportunity to first commence offering, conducting, and/or operating online sports betting in this State on the same day. Operator applicants described in this paragraph may be permitted to first commence offering, conducting, and/or operating online sports betting in this State before operator applicants described in paragraph (2).
ARTICLE 12. Trade Secrets and Personal and Proprietary Information. 19792. Trade Secrets and Proprietary Information.
(a) Any submissions to the Division pursuant to this chapter, and all documents, reports, and data submitted therewith, that contain proprietary information, trade secrets, financial information, or personal information about any person or entity are not public records subject to disclosure for purposes of Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code or any other state law.
(b) Submissions described in subdivision (a) shall be treated by the Division as confidential records and shall not be publicly disclosed or disseminated unless required by an order of a court of competent jurisdiction.
19793. Personal Information and Compliance with State Law. (a) The collection, use, retention and sharing of personal information pursuant to this chapter and regulations adopted thereunder shall be governed by this chapter and not any other state law.
(b) For the purposes of California law, including but not limited to Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code, the People hereby find and declare that the collection, use, retention, and sharing of personal information authorized or required by this chapter is necessary in order to comply with California state law as set forth in this chapter.
ARTICLE 13. Definitions.
19794. Definitions.
For purposes of this chapter, as used in both the singular and plural form, the following definitions shall apply:
(a) "Adjusted gross online sports betting receipts" means the dollar amount remaining after subtracting the dollar amounts described in paragraph (2) from the dollar amounts described in paragraph (1):
(1) Total gross receipts.
(2) The total dollar amount of all the following paid out or lost by the online sports betting operator:
(A) All moneys paid out as winnings to all bettors.
(B) The value of all merchandise or property awarded as a prize to bettors. (C) All federal excise taxes.
(D) All voided bets.
(b) "Amateur sports event" or "amateur sporting event" means any sports or athletic event that is not a professional sports event, collegiate sports event, or youth sports event. (c) "Collegiate sports event" or "collegiate sporting event" means an athletic event or events in which at least one participant is a team from a public or private institution of higher
learning or an individual competing on behalf of a public or private institution of higher learning, regardless of where such institution is located.
(d) "Committee" means the Online Sports Betting Independent Advisory Committee established in Article 10.
(e) "Competitive event" or "novelty event" means any other event of any kind authorized by the Division for betting under this chapter, including but not limited to awards shows, non- athletic competitions and events, popular culture, and current events. "Competitive event" or "novelty event" does not include federal, state, local, or foreign elections. (f) "Covered sporting event" or "covered sports event" means a professional, collegiate, or amateur sports event of a sports governing body on which one or more online sports betting operators offer or accept bets.
a
(g) "Department" means the California Department of Justice. (h) "Division" means the Division of Online Sports Betting Control established in Article (i) "Director" means the director of the Division of Online Sports Betting Control. 0) "Electronic sports event" or "electronic sporting event" means leagues, competitive circuits, tournaments, or similar competitions where individuals or teams play video games, typically for spectators, either in -person or online, for the purpose of prizes, money, or entertainment.
19750.
(k) "Fund" means the California Online Sports Betting Trust Fund established by Section (1)(1) "Gaming tribe" means a federally recognized Indian tribe that legally operates slot machines or conducts banking and percentage card games, roulette, or games played with dice in conformity with either of the following:
(A) A valid compact negotiated with the Governor and ratified by the Legislature as provided in Section 19 of Article IV of the California Constitution. (B) Class III gaming procedures issued by the Secretary of the United States Department of the Interior pursuant to the remedial provisions of Section 2710(d)(7) of Title 25 of the United States Code, or any successor federal statute.
(2) "Gaming tribe" includes any instrumentality, political subdivision, or other legal entity through which a gaming tribe operates slot machines or conducts banking and percentage card games, sports betting, roulette, or games played with dice in this State. (m) "Handle" means the dollar amount equal to the total of all bets on a sporting event. (n) "Hold" means the dollar amount equal to the total of all bets, except for bets made with free bets or promotional gaming credits, that an online sports betting licensee collects from patrons, less the total amount of all sums paid out as winnings to all patrons. (o) "Indian lands" means the "Indian lands" of a federally recognized Indian tribe, as defined in Section 2703(4) of Title 25 of the United States Code, or any successor federal statute. (p) "Key person" means a managerial employee of an operator applicant, supplier applicant, online sports betting operator, or online sports betting supplier who performs the function of principal executive officer, principal operations officer, or principal accounting officer, and any principal owner of such licensee or applicant, except for an institutional investor that holds for investment purposes less than 25 percent of the equity of applicant, operator, or supplier.
(q) "Market access agreement" means an agreement between a qualified gaming entity and a gaming tribe concerning the qualified gaming entity's offering and conduct of online sports betting to persons physically present in this State but outside of Indian lands, the terms of which shall be determined solely by the parties to the agreement. (r) "Motor sports event" means a sports event in which participants compete using a machine -powered vehicle or apparatus.
(s)(1) "Online sports betting" means accepting a bet or bets through an online sports betting platform on any of the following:
(A) Sporting events.
(B) Portions or combinations of sporting events.
(C) The individual statistics or performance of athletes or participants in a. sporting event or combination of sporting events.
(2) Online sports betting can take the form of placing or accepting bets by way of any system or method of betting, including but not limited to single -game bets, teaser bets, parlays, over-under, moneyline, pools, exchange betting, in -game betting, in -play bets, proposition bets, and straight bets.
(3) "Online sports betting" does not include parimutuel betting on horse racing as set forth in Article 9 (commencing with Section 19590) of Chapter 4 of Division 8. (t)(1) "Online sports betting operator" means the person or persons described in paragraph (2) that are licensed pursuant to this chapter to offer, conduct, and/or operate online sports betting in this State but outside of Indian lands. (2)(A) Where a gaming tribe obtains a tribal operator license pursuant to Article 4 of this chapter, the gaming tribe is the online sports betting operator. (B) Where a qualified gaming entity obtains a qualified gaming entity operator license pursuant to Article 4 of this chapter, the qualified gaming entity is the online sports betting operator.
(C) Where an online sports betting platform provider obtains an online sports betting platform provider operator license pursuant to Article 4 of this chapter, the online sports betting platform provider is the online sports betting operator. (u) "Online sports betting operator license" means a license issued by the Division to an online sports betting operator pursuant to this chapter to offer, conduct, and/or operate online
sports betting in this State but outside of Indian lands. An "online sports betting operator license" includes a tribal operator license, a qualified gaming entity operator license, and an online sports betting platform provider operator license. (aa) "Online sports betting platform" or "platform" means an online -enabled application, Internet website, or other electronic or digital technology used to offer, conduct, and/or operate online sports betting.
(ab) "Online sports betting platform provider" means a person that contracts with a gaming tribe to provide an online sports betting platform or other services to the gaming tribe that are specific to online sports betting and that are necessary for offering, conducting, and/or operating online sports betting by the gaming tribe, including odds and line information, settling bets, or maintaining sports betting customer accounts.
(ac) "Online sports betting platform provider application" means an application described in subparagraph (C) of paragraph (1) of subdivision (b) of Section 19763. (ad) "Online sports betting platform provider license" means an online sports betting operator license described in subparagraph (C) of paragraph (1) of subdivision (b) of Section 19763.
(bb) "Online sports betting supplier" means a person that provides or offers services to an online sports betting operator.
(cc) "Operating agreement" means a written contract in a form approved by the Division in which a gaming tribe and an online sports betting platform provider agree to all of the following:
(1) The online sports betting platform provider will offer, conduct, and/or operate online sports betting in lieu of the gaming tribe.
(2) The online sports betting platform provider shall apply for an online sports betting operator license, and shall be the only party to the agreement that obtains any license under this chapter.
(3) The gaming tribe shall have no active role in the offering, conduct, and/or operation of online sports betting.
(4) Whether the online sports betting platform provider will share a portion of profits from the offering, conduct, and/or operation of online sports betting with the gaming tribe. (5) The online sports betting platform provider shall be responsible for payment of all license fees, license renewal fees, taxes, penalties, fines, and surcharges applicable to the offering, conduct, and/or operation of online sports betting with persons physically present in this State but outside of Indian lands.
(dd) "Operator applicant" means all of the following:
(1) Where a gaming tribe submits a tribal operator application pursuant to Article 4 of this chapter, the gaming tribe is operator applicant.
(2) Where a qualified gaming entity submits a qualified gaming entity application pursuant to Article 4 of this chapter, the qualified gaming entity is the operator applicant. (3) Where an online sports betting platform provider submits an online sports betting platform provider application pursuant to Article 4 of this chapter, the online sports betting platform provider is the operator applicant.
(ee) "Patron," "bettor," "consumer," or "customer" means an individual in this State eligible to place, make, or initiate bets on sports events pursuant to this chapter who has placed, made, or initiated, or in the future places, makes, or initiates, such bets. (ff "Person" means individuals, natural persons, gaming tribes, tribal entities, corporate entities, and any other legal entity of any kind. When used as a noun, "individual" means a human being.
(gg) "Principal owner" means a person or entity that holds more than a 10 percent ownership interest.
(hh) "Professional sports event" or "professional sporting event" means an athletic event in which at least two or more competitors participate and one or more competitors receives compensation for participating in the event. Any event that qualifies as a collegiate sport shall not be considered a professional sport regardless of whether competitors are compensated. (ii) "Qualified gaming entity" means a person that satisfies at least one of the following conditions:
(1) The person and its affiliates collectively are licensed or similarly authorized to offer, conduct and/or operate online sports betting in at least ten U.S. states or territories; or (2) The person and its affiliates collectively (A) are licensed or similarly authorized to offer, conduct, and/or operate online sports betting in at least five U.S. states or territories; and (B) operate and/or manage at least twelve casinos physically located anywhere within a U.S. state or territory that offer games that would be "Class III gaming" under Section 2703 of Title 28 of the United States Code if the casino were operated by an Indian tribe. (jj) "Qualified gaming entity application" means an application described in subparagraph (B) of paragraph (1) of subdivision (b) of Section 19763. (kk) "Qualified gaming entity operator license" means an online sports betting operator license described in subparagraph (B) of paragraph (1) of subdivision (b) of Section 19763. (11) "Tribal application" means an application described in subparagraph (A) of paragraph (1) of subdivision (b) of Section 19763.
(mm) "Tribal operator license" means an online sports betting operator license described in subparagraph (A) of paragraph (1) of subdivision (b) of Section 19763. (ma)(1) "Sports event" or "sporting event" means all of the following:
(A) A professional sports event.
(B) An athletic event.
(C) A collegiate sports event.
(D) An amateur sports event.
(E) An electronic sports event.
(F) A motor sports event.
(G) A competitive event or novelty event.
(2) "Sports event" or "sporting event" does not include horse races that are subject to Article 9 (commencing with Section 19590) of Chapter 4 of Division 8. (mb) "Sports governing body" means an organization that is headquartered in the United States and prescribes final rules and enforces codes of conduct with respect to a covered sports event and participants therein.
(nn) "Sports league" means an organization that hosts or coordinates a recurring series of sports events between teams or individuals that are members of, or affiliated with, the organization.
(oo) "Supplier applicant" means a person that applies for an online sports betting supplier license pursuant to Article 6.
(pp) "Total gross receipts" means the total dollar amount of all online sports bets, except for sports bets made with free bets or promotional gaming credits, that the online sports betting operator collects from bettors.
(qq) "U.S. state or territory" means the District of Columbia, any United States territory, or any state represented in the United State Senate besides the State of California. (rr)(1) "Bet" or "wager" means the staking or risking by a person of something of value upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome. The terms do not include:
(A) Any activity governed by the securities laws of the United States or this state. (B) Any contract of indemnity or guarantee.
(C) Any contract for insurance.
(D) Participation in any game or contest in which the participants do not stake or risk anything of value other than personal efforts of the participants in playing the game or contest or obtaining access to the Internet, or points or credits that the sponsor of the game or contest provides to participants free of charge and that can be used or redeemed only for participation in games or contests offered by the sponsor.
(E) A fantasy sports contest in which winning outcomes reflect the relative knowledge and skill of the players and are predominantly determined by the accumulated statistical performance of athletes or individuals.
(2) References to a bet or wager being "made," "placed," or "initiated, or any combination or conjugation of those terms, are used interchangeably within this chapter. (ss)(1) "Youth sports event" or "youth sporting event" means an athletic event or events in which either of the following conditions exists:
(A) 'The majority of participants are under the age of 18 years. (B) At least one participant is a team from a public or private elementary, middle, or secondary school, regardless of where such school is located. (2) Notwithstanding paragraph (1), if an athletic event is an Olympic event or meets the definition of "collegiate sports event" or "professional sports event," then the event shall not be considered to be a youth sports event regardless of the age of the participants. (3) Designation as a "youth sports event" shall be limited to the single game or match in which either of the conditions set forth in subparagraph (A) or subparagraph (B) of paragraph (1) exist, and shall not be construed to prohibit betting on other games in a tournament or multigame event in which a youth sports team participates.
Section 5. Section 15.5 is added to Article XIII B of the California Constitution, to read.
SEC. 15.5. "Appropriations subject to limitation" of each entity of government shall not include appropriations of revenues from the California Online Sports Betting Trust Fund created by the California Solutions to Homelessness and Mental Health Support Act, or any other revenues deposited into any other fund or account pursuant to that Act. No adjustment in the appropriations limit of any entity of government shall be required pursuant to Section 3 as a result of revenues being deposited in or appropriated from the California Online Sports Betting Trust Fund created by California Solutions to Homelessness and Mental Health Support Act or any other fund or account pursuant to that Act.
Section 6. Section 23.5 is added to Article XVI of the California Constitution, to read.
SEC. 23.5. The taxes imposed by the California Solutions to Homelessness and Mental Health Support Act and the revenue derived therefrom, including investment interest, shall not be considered General Fund revenues for purposes of Section 8 and its implementing statutes, and shall not be considered "General Fund revenues," "state revenues," or "General Fund proceeds of taxes" for purposes of subdivisions (a) and (b) of Section 8 and its implementing statutes.
Section 7. Severability.
The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not declared invalid or unconstitutional without regard to whether any part of this Act or application thereof would be subsequently declared invalid. ,Section 8. Conflicting and Non -Conflicting Initiative Measures. (a) Conflicting Initiative Measures. In the event that this initiative measure and another initiative measure or measures authorizing sports betting to be offered over the Internet and on mobile devices to persons aged 21 years or older physically present in this State but outside of Indian lands shall appear on the same statewide election ballot, the other initiative measure or
measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other initiative measure or measures shall be null and void.
(b) Non -conflicting Initiative Measures.
(1) Notwithstanding subdivision (a), this initiative measure shall not be deemed to be in conflict with the California Sports Wagering Regulation and Unlawful Gambling Enforcement Act, which was initially designated as Initiative No. 19-0029 Amendment #1 by the Attorney General and # 1886 by the Secretary of State.
(2) The voters hereby declare that this Act and the initiative measure described in paragraph (1) are complementary and supplementary to each other; and are not competing all -or - nothing alternatives. The voters hereby freely and unequivocally express their intent that if this Act and the initiative measure described in paragraph (1) are both approved at the same election, that both this Act and the other initiative measure should both be given full force and effect. (3) The voters hereby further declare:
(A) The California Sports Wagering Regulation and Unlawful Gambling Enforcement Act and this Act are complementary and supplementary to each other. (B) This Act and the California Sports Wagering Regulation and Unlawful Gambling Enforcement Act are not competing all -or -nothing alternatives. (C) It is the intent of the People that, should this Act and the California Sports Wagering Regulation and Unlawful Gambling Enforcement Act both be approved by the voters at the same election, both measures should be given full force and effect in order ensure that the benefits of safe, legal online and in -person sports betting can both be realized for the State of California. (c) If this initiative measure is approved by the voters but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting measure is later held invalid, this measure shall be self-executing and given full force and effect.
Section 9. Liberal Construction.
This Act shall be liberally construed to give effect to its intent and purposes, which are expressed in Section 2 of this Act.
Section 10. Legal Defense.
The purpose of this section is to ensure that the people's precious right of initiative cannot be improperly annulled by state politicians who refuse to defend the will of the voters.
Therefore, if this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge which attempts to limit the scope or application of this Act in any way, or alleges this Act violates any state or federal law in whole or in part, and both the Governor and Attorney General refuse to defend this Act to the fullest extent possible on behalf of the State of California, then the following actions shall be taken:
(a) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act to the fullest extent possible on behalf of the State of California.
(b) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act to the fullest extent possible. The written affirmation shall be made publicly available upon request.
(c) In order to support the defense of this Act in instances where the Governor and Attorney General fail to do so despite the will of the voters, a continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California to the fullest extent possible.
LEAGUE OF
CALIFORNIA
CITIES
Ballot Measures Agenda Summary
July 2022
BALLOT MEASURES CALENDAR
Agenda Item 9
Paae
Proposition 26: California Sports Wagering Regulation and Unlawful 39 Enforcement Act
Public Safety Committee Recommendation: Oppose
Revenue and Taxation Committee Recommendation: Oppose
2. Proposition 27: California Legalize Sports Betting and Revenue for 44 Homelessness Prevention Fund
Public Safety Committee Recommendation: Oppose
Revenue and Taxation Committee Recommendation: Oppose
38 4%LEAGUE OF
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Ballot Measures Agenda
June 2022
Staff: Elisa Arcidiacono, Legislative Affairs, Lobbyist, (916) 720-8025 Nick Romo, Legislative Affairs, Lobbyist. (916) 658-8232 Agenda Item 9(a)
1. Proposition 26: California Sports Wagering Regulation and Unlawful Enforcement Act #19-0029A1. Full text of the initiative is available here: #19-0029A1.
Official Ballot Measure Title: Authorizes New Types of Gambling. Initiative Constitutional and Statutory Amendment.
Summary:
This measure would allow federally recognized Native American tribes to operate roulette, dice games, and sports wagering on tribal land. Beginning in 2022, the measure would also allow on -site sports wagering at only privately operated horse -racing tracks in four specified counties for persons 21 years or older.
Specifically, this measure would enact the following (in the order in which the initiative is written):
• Authorize roulette, dice games, and sports wagering on tribal land. • Authorize racetrack operators in Alameda, Los Angeles, Orange, and San Diego counties to offer sports wagering (within specified parameters, with exclusions). • Prohibit wagers on high school sport or athletic events. • Levy a 10 percent tax on the daily net profits of racetrack operators from sports wagering.
• Require the California Department of Tax and Fee Administration to administer and collect the tax.
• Establish the California Sports Wagering Fund within the State Treasury and specifies the annual appropriation of sports wagering tax revenue (see fiscal impact section for more information).
• Prohibits individuals younger than 21 from participating in sports wagering. • Create a new civil penalty of up to $10,000 per violation for any person violating Penal Code Sections 330 - 337z (Gaming code sections. Excludes sections 335 and 337).
• Authorize any person or entity that is aware of any person violating Penal Code Sections 330-337z to file a civil action in court against that person (after filing a written request with the Attorney General to take action and the Attorney General does not do so within 90 days).
• Prohibit advertising or marketing sports wagering to individuals younger than 21. • Require the Bureau of Gambling Control to investigate and audit all functions and facilities operating sports wagering.
Background:
2018 Supreme Court ruling on sports betting
39 Agenda Item 9(a)
In 2018, the U.S. Supreme Court ruled on Murphy v. NCAA, and found that the federal government could not require states to prohibit sports wagering, thereby overturning the federal ban on sports wagering. Following the decision, sports betting is now on the path to be legal in 30 states, including New York, Oregon, Washington, Colorado, and Illinois.
The growing popularity of sports wagering including mobile wagering has fueled a wave of initiatives across the country. In California, home to 19 major professional sports teams (the most in the nation), some with global appeal, voters have shown some support for legalizing sports betting. Distinct and separate from this ballot measure and any related proposal, a recent Berkely Poll gauged voter opinions on legalizing sports betting in the state and found the spread at: 45% yes, 33% no, and 22% undecided. The idea was more popular amongst men and most closely correlated to voter's interest level in professional sports. Party preference did not closely correlate.
This ballot measure is sponsored by the Pechanga Band of Indians, Barona Band of Mission Indians, Yocha Dehe Wintun Nation, and the Agua Caliente Band of Cahuilla Indians. The proponents argue that the measure bolsters tribal sovereignty and self- sufficiency and creates jobs and economic growth. Furthermore, proponents contend that the measure establishes strong safeguards against underage and addictive gambling while generating millions of dollars for the state.
Those opposed, including the California Contract Cities Association and a host of veteran organizations, contend that the measure threatens local revenues for services and jobs particularly those associated with cardrooms.
Fiscal Impact: Substantial.
This measure would enact the following revenue and tax provisions:
• Imposes a 10 percent tax on profits derived from sports wagering. Tax revenue would be appropriated as follows:
o 15 percent: California Department of Health
i. Of these funds, the department may provide grants to cities and counties for programs to address gambling and addiction. ii. Note: The text of the initiative refers to the "California Department of Health" however, there is no such state entity. It is possible that the author of the initiative intended to refer to either the California Department of Health Care Services or the California Department of Public Health.
0 15 percent: Bureau of Gambling Control for enforcement of sport wagering laws, including age and advertisement to minors restrictions. 0 70 percent: State General Fund for discretionary use.
According to the analysis produced by the Legislative Analyst's Office in January 2020, the measure could result in tens of millions of dollars annually for the state. Estimating the possible revenue is challenging because of the following factors:
• Uncertainty how the measure would be interpreted and implemented. • The volume of engagement with in -person sports wagering is unknown. 40 Agenda Item 9(a)
• The scale of revenues resulting from the new civil penalty are unknown and will likely be inconsistent.
The fiscal impact on California's cities will vary from nonexistent to significant depending on the amount of gaming activity within and adjacent to the municipality. The effect of this initiative on local governments will be the net impact of the following factors:
• Potential increased revenues from the economic activity of individuals visiting or traveling through a city with or adjacent to an authorized site to engage in sports wagering (ancillary activities to sports wagering that otherwise would not have occurred if not for the event of sports wagering), particularly for areas hosting an authorized racetrack or enroute to a tribal casino.
Potential decreased revenues resulting from cardroom patrons choosing instead to visit a site with authorized sports betting and other newly authorized games.
Potential decreased revenues resulting from the new civil penalty negatively affecting licensed cardrooms. New provisions would also allow for the Attorney General to close a cardroom for up to 30 days at a time following a prescribed process. This would cause significant fiscal issues for cardrooms and would be reflected in subsequent business license and sales tax revenue remittances.
Potential increased costs for local law enforcement related to sports wagering activities and related facilities.
In addition, the initiative includes a non -supplantation requirement for revenues derived from sports wagering taxes.
According to an economic impact study prepared for the California Gaming Association in October 2019, the cumulative economic impact (direct and indirect) of the California cardroom industry is $5.6 billion in total, including $1.6 billion in wages and more than 32,000 jobs. The study estimates $100.1 million annually in gaming tax revenue for cities and nearly $400 million in state and local business taxes. However, the study does not evaluate the effects of this ballot measure on the cardroom industry in California.
There are 72 cardrooms located in dozens of cities across the state. Cities with cardrooms can use the California Gaming Association's economic impact report interactive tool to see their cities' estimated economic impact from cardrooms.
Staff Comments:
ImDlementation
The ballot measure includes an effective date of January 1, 2022, meaning that if the measure passes in November 2022, it would take effect immediately. There is risk inherent in the immediate authorization of on -site sports wagering in California without sufficient time for the Department of Justice's Bureau of Gambling Control to recruit and train staff to oversee and regulate the new activities and new gaming laws. Furthermore, funding of the Bureau of Gambling Control's activities related to enforcement of new gaming laws is tied to receipt of sports wagering tax revenue.
Moreover, it will take considerable time following November 2022 for the California Department of Tax and Fee Administration to create the financial infrastructure to 41 Agenda Item 9(a)
administer and collect the new tax. At the earliest, an appropriation to the Bureau of Gambling Control for administration, oversight, and enforcement would be included in the 2023-24 Budget Act, barring an emergency supplemental appropriation in the 2022-23 fiscal year. Given the unknown timing and scope of sports wagering tax revenue receipts, a state appropriation may be difficult to assess (despite the requirement in the initiative that appropriations of sports wagering tax revenue begin in fiscal year 2022-23).
As noted above, the revenue that would be generated from sports wagering taxes is unknown, and therefore it is uncertain whether 15 percent of sports wagering tax revenue would sufficiently cover the cost to the state to oversee, regulate, and enforce the new activities.
Finally, the initiative limits the use of sports wagering tax revenue by the Bureau of Gambling Control, specifying that no more than 5 percent of the total funds appropriated to the Bureau may be used for administrative activities. This restriction is inconsistent with the oversight and enforcement activities that the initiative requires of the Bureau, which are all administrative in nature. It is not clear what the remaining 95 percent of the total funds appropriated to the Bureau would be used for if the Bureau may not spend those funds on oversight and enforcement.
City Impacts
Cities with privately owned racetracks within specific counties that may offer on -site sports wagering or are located near tribal casinos could experience significant impacts if these new activities commence, including new direct and indirect revenues and jobs. Concerns and costs may also arise should expanded gambling begin without sufficient oversight, regulation, and enforcement from the Bureau of Gambling Control.
It is noteworthy that one of the authorized expenditures of sports wagering tax revenue from the 15 percent allocation to the Department of Health (see note above regarding the "Department of Health") is grants to counties and cities for local programs to address gambling addiction and mental health. The extent to which cities provide services to support individuals with gambling addiction is unknown but increased funds for those services may be beneficial to increasing the prevalence of these programs and mitigating the negative externalities of sports wagering activity.
Staff notes the new civil penalty authorized by this initiative applies to all state gaming laws and is not exclusive to sports wagering. The new enforcement mechanism for gaming laws may negatively impact cities with significant gaming activity, such as those host to card rooms or adjacent to tribal casinos and racetracks. Furthermore, the inclusion of additional and expanded enforcement of existing gambling laws for operators not allowed to provide sports wagering does not seem germane to the main question of the ballot measure. In effect, the measure expands the gambling allowances for specific entities (tribes and racetracks) while also limiting the games and wagers others are allowed to provide and strengthening enforcement of existing laws for those who will not enjoy any new benefits. For example, provisions would allow for the Attorney General to close down an operator (ex. cardroom) for up to 30 days at a time following a prescribed process. This would cause significant fiscal issues for cardrooms and would be reflected in 42 Agenda Item 9(a)
subsequent business license and sales tax revenue remittances.
In regard to any potential increased costs to local law enforcement, the measure does not provide offsetting revenues.
Expanded Gambling Options and Alternatives
Furthermore, the committee may also wish to consider the direct and indirect impact of expanded gambling permissions within tribal casinos and on racetrack properties. The initiative makes several efforts to protect against negative externalities such as underage gambling, gambling addiction and related mental health issues but the effectiveness of these safeguards are unknown. The committee may consider whether the initiative provides reasonable public health and safety protection that offset the fiscal benefits of expanded wagering.
The committee may also wish to consider whether sports wagering should be legal in the state, and whether in -person sports wagering is a better, neutral, or worse alternative to mobile/remote sports wagering.
Proposition 26 Supporters
Proposition 26 Opponents
Committee Recommendations:
Public Safety Policy Committee
Following discussion and debate with ballot proponents and opponents, committee members also discussed potential card room impacts. A motion to oppose the measure was made and seconded. The motion to oppose was approved with 41 ayes, 9 noes, and 1 abstention.
Public Safety Policy Committee Recommendation: Oppose
Revenue and Taxation Policv Committee
Following discussion and debate with ballot proponents and opponents, a motion to oppose the measure was made and seconded. The motion to oppose was approved with 33 ayes, 2 noes, and 4 abstentions.
Revenue and Taxation Policy Committee Recommendation: Oppose 43 4%LEAGUE OF
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Ballot Measures Agenda
June 2022
Staff: Elisa Arcidiacono, Legislative Affairs, Lobbyist, (916) 720-8025 Nick Romo, Legislative Affairs, Lobbyist. (916) 658-8232 Agenda Item 9(b)
2. Proposition 27: California Legalize Sports Betting and Revenue for Homelessness Prevention Fund #21-0017A1. Full text of the initiative is available here: #21-0017A1.
Official Ballot Measure Title: Allows Online and Mobile Sports Wagering. Initiative Constitutional Amendment and Statute.
Summary:
This measure would authorize online sports wagering in California for individuals 21 years of age or older if conducted in conjunction with a gaming tribe, an online sports betting platform provider with an operating agreement with a tribe, or a qualified gaming entity with a market access agreement with a tribe. The initiative would impose licensing fees and taxes payable to the state.
Specifically, this measure would enact the following (in the order in which the initiative is written):
• One-time initial license fee of $10 million and license renewal fee of $1 million every five years by tribes and online sports betting platforms. • One-time initial license fee of $100 million and a license renewal fee of $10 million every five years by gaming entities.
• Impose 10 percent tax on entities offering online sports wagering. • Prohibit other state or local taxes on sports wagering. • Exclude online sports wagering tax revenues from the constitutional spending requirements for K-14 education (Proposition 98). • Impose 15 percent tax on the winnings of those who engage in unlawful sports wagering.
• Establish the California Online Sports Betting Trust Fund in the State Treasury. • Require 85 percent of online sports wagering tax revenues to be allocated to the Homeless Housing, Assistance, and Prevention Program (HHAPP) for permanent housing, interim housing, and supportive services. • Require 15 percent of online sports wagering tax revenues to be allocated to non -gaming tribes.
• Create the Division of Online Sports Betting Control within the California Department of Justice with specific parameters and requirements for the operation and regulation of online sports wagering in the state (protection of minors, consumer protections, advertising, etc.)
44 Agenda Item 9(b)
Background:
2018 Supreme Court ruling on sports betting_ In 2018, the U.S. Supreme Court ruled on Murphy v. NCAA, and found that the federal government could not require states to prohibit sports wagering, thereby overturning the federal ban on sports wagering.
Following the decision, sports betting is now on the path to be legal in 30 states including New York, Oregon, Washington, Colorado, and Illinois.
The growing popularity of sports wagering including mobile wagering has fueled a wave of initiatives across the country. In California, home to 19 major professional sports teams (the most in the nation), some with global appeal, voters have shown some support for legalizing sports betting. Distinct from this ballot measure and any related proposal, a recent Berkely Poll gauged voter opinions on legalizing sports betting in the state and found the spread at: 45% yes, 33% no, and 22% undecided.
The idea was more popular amongst men and most closely correlated to voter's interest level in professional sports. Party preference did not closely correlate.
The Homeless Housing, Assistance, and Prevention Program (HHAPP): A state program administered by the Homelessness Coordinating and Financing Council (HCFC) which supports regional coordination to address homelessness challenges.
Funding provided to continuums of care, counties, and cities. 80 percent of the funding goes to cities and counties based upon their proportionate share of the homeless population in the state, 2 percent to tribes, and 18 percent to the HCFC for discretionary bonuses to recipients who meet homelessness goals they have set for themselves. The HHAPP received $1 billion in 2021-22 fiscal year and will receive $1 billion in the 2022-23 fiscal year.
This ballot measure is supported by a coalition of large city mayors, homelessness advocates and large entertainment companies. The proponents argue that the measure guarantees hundreds of millions of dollars each year to fight homelessness and fund mental health treatment while tightly regulating online sports betting.
Those opposed, including native tribes, housing advocates, chambers of commerce and teachers, contend that the measure authorizes a massive explosion of online gambling —turning virtually every cell phone, tablet and laptop in California into a gambling device. Opponents are also critical of the extent to which revenue derived from this measure would serve as a solution for addressing homelessness.
Fiscal Impact:
According to the analysis produced by the Legislative Analyst's Office in October 2021, state revenues could potentially reach the mid -hundreds of millions of dollars annually from online sports wagering taxes, licensing fees, and penalties. Estimating the revenue that could be generated is challenging because of the following factors:
• Uncertainty how the measure would be interpreted and implemented. 45 Agenda Item 9(b)
• Consumer behavior and participation in online sports wagering is difficult to predict.
• Could result in net shifting of revenues between the state and local government rather than overall revenue increases. Consumers may choose to spend disposable income on online sports wagering (tax revenue exclusively to the state) instead of shopping for other taxable goods (sales tax allocated to the state and local governments).
The effect of this initiative on local governments is ultimately unknown. However, it is likely that the net impact will be a result of the following factors:
• Potential increased revenues from the economic activity of individuals visiting a city from out of state to engage in online sports wagering (ancillary activities to sports wagering that otherwise would not have occurred if not for the event of sports wagering).
• Potential increased costs for local governments to provide assistance to individuals who develop gambling addictions (community services, law enforcement, etc.)
Staff Comments:
Implementation
The initiative includes language that confirms that if this measure and #19-0029A1 (sports wagering on tribal lands and at privately operating horse - racing tracks) are approved by the voter, they both take effect and are not in conflict.
This initiative establishes, within the Department of Justice, a new Division of Online Sports Betting Control and grants this new entity exclusive power to implement and enforce online sports betting in California, usurping the existing authority of the Bureau of Gambling Control. Should measure 19-0029-Al also pass in November 2022, on -site sports wagering, and online sports wagering would be subject to oversight by separate state enforcement entities and would be subject to separate, independent regulations. The committee may wish to consider how this will affect consistent and thorough oversight and enforcement of the industry.
The committee may also wish to consider the makeup of the newly established Online Sports Betting Independent Advisory Committee, which would advise and make recommendations to the Division of Online Sports Betting Control regarding regulations and oversight of the industry. Representatives from the online gambling industry have considerable representation and authority within the advisory committee.
City Impacts
Given the high tax and fee threshold for a company to legally provide mobile and online betting in the state, the initiative will likely restrict access to a small number of entities. Such high barriers will likely concentrate the direct and induced positive impacts of the initiative some of which have presence out-of-state; relatedly the 46 Agenda Item 9(b)
concentration of licenses and growing popularity of online betting may result in reduced activity at tribal casinos and cardrooms not able to buy into the legal mobile and online betting structure. Reduced activity would be reflected in subsequent business license and sales tax revenue remittances.
Expanded Gambling Options and Alternatives
The committee may wish to consider the direct and indirect impact of expanded mobile and online gambling permissions and whether the initiative provides reasonable public health and safety protections that offset the fiscal benefits.
The committee may also wish to consider whether sports wagering should be legal in the state, and whether online wagering is a better, neutral, or worse alternative to in- person wagering.
Proposition 27 Supporters
Proposition 27 Opponents
Committee Recommendations:
Public Safety Policy Committee
Following presentations by opponents and proponents, committee members discussed additional details relating to out-of-state operators and the lack of direct benefits to cities.
A motion to oppose the ballot measure was brought forward and approved unanimously 47 ayes and 0 noes.
Public Safety Policy Committee Recommendation: Oppose
Revenue and Taxation Policy Committee
Following discussion and debate with ballot proponents and opponents, a motion to oppose the measure was made and seconded. The motion to oppose was supported 36 ayes, 0 noes, and 2 abstentions.
Revenue and Taxation Policy Committee Recommendation: Oppose 47 Item No. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Erica Russo, Director of Community Services
DATE: August 9, 2022
SUBJECT: Approve the License Agreement Between City of Temecula and Friends of the Temecula Libraries for Use of City Real Property
RECOMMENDATION: That the City Council approve the license agreement between the City of Temecula and the Friends of the Temecula Libraries for use of City Real Property.
BACKGROUND: Since 2006, the Friends of the Temecula Libraries has been a loyal partner with the City of Temecula in delivering world -class library services and programs at the Ronald H. Roberts Temecula Public Library (RHRTPL). For over fifteen years, the Friends have generated significant revenue from the operation of the bookstore at the Ronald H. Roberts Temecula Public Library and have used these monies for collections and program development at the facility. This programming has contributed to the RHRTPL being recognized as the preeminent library in the Riverside County Library System, which consistently has the highest circulation, door count, and program participation by wide margins.
Consistent with this record of dedicated support, on July 10, 2012 the City Council approved a First Amendment extending the term of the License Agreement to June 30, 2017 with an option to extend the term for one (1) additional five (5) year term. The Second Amendment extended the term of the agreement for an additional five years to June 30, 2022. Due to the long-standing and beneficial nature of this relationship, this agreement will implement an "evergreen" term, which will continue in effect unless either party defaults or exercises its right to terminate at any time for any reason. Aside from the term extension, other changes are administrative, updating information and adding an exhibit for the designated space utilized by the Friends.
FISCAL IMPACT: The Friends of the Temecula Libraries anticipate generating approximately $50,000 annually from the bookstore and other fundraising activities, which are then used to support collections and program development. The costs of maintaining the facility are included in the Annual Operating Budget process.
ATTACHMENTS: Agreement
LICENSE AGREEMENT BETWEEN CITY OF TEMECULA AND
FRIENDS OF THE TEMECULA LIBRARIES FOR USE OF CITY
REAL PROPERTY
This License Agreement ("Agreement") is made and entered into this (date) day August 9, 2022, between the City of Temecula (hereinafter referred to as "City") with facilities and offices located at 30600 Pauba Rd, Temecula, California 92592, and Friends of the Temecula Libraries a California nonprofit corporation, (hereinafter referred to as "Licensee") to operate a bookstore within the Ronald H. Roberts Temecula Public Library building.
RECITALS
This Agreement is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct:
A. The City is the owner of certain real property in the City of Temecula generally known as the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Rd, Temecula, California, and identified as Assessor's Parcel Number 945-050-018.
B. The "Subject Property" is described and depicted in Exhibit "A", which is incorporated herein by this reference as though set forth in full. As described and depicted in Exhibit "A", Subject Property includes Workroom, Friends Bookstore, and the highlighted portion of Vestibule.
C. The Licensee is a non-profit corporation that provides community services for the Temecula area in the form of raising funds to support the Ronald H. Roberts Temecula Public Library, purchasing library materials, funding programs, services and events for the benefit of the Ronald H. Roberts Temecula Public Library, its patrons and potential patrons, and operating a bookstore within the Ronald H. Roberts Temecula Public Library building.
D. The City is willing to grant a license to Licensee to use the Subject Property in consideration of and recognition of the community services provided to the community by the Licensee.
E. The City and Licensee desire to enter into this Agreement to provide the terms and conditions upon which Licensee shall use the Subject Property described below.
2. RIGHT TO USE SUBJECT PROPERTY
City hereby grants a license to Licensee to use the Subject Property, in accordance with and subject to the terms and conditions of this Agreement.
3. TERM OF LICENSE
A. Commencement Date. The term of this Agreement will commence on the date this Agreement is fully executed by the Parties ("Commencement Date").
B. Right to Terminate Agreement. Either party may terminate this Agreement for any reason, with or without cause, by providing 60 calendar days prior written notice of termination to the other party at the addresses shown below in Section 14 (Notice). The City may terminate the Agreement immediately in the event that Licensee's use of the Subject Property is a threat to
persons or property or if the Subject Property is needed for emergency purposes, in the sole discretion of the City.
C. Termination Date. This Agreement will terminate on the date that is 60 calendar days from the date on which either party to this Agreement provides written notice of termination in accordance with Section 3.13. above. "Term" is used below to describe the term of this Agreement, which commences on the Commencement Date and ends on the earlier of (i) the date that is 60 calendar days from the date on which either party to this Agreement provides written notice of termination as provided herein, or (ii) the date of termination on default under Section 16 below.
4. RESPONSIBILITIES OF LICENSEE
A. Licensee shall use the Subject Property to operate a bookstore within the Ronald H. Roberts Temecula Public Library building and for no other purposes.
B. Licensee shall be responsible for providing and equipping the interior of the buildings located on the Subject Property with its own information systems, including but not limited to facsimile machines, computers, printers, copiers and other similar types of equipment.
Licensee shall also be responsible for maintaining such information systems equipment.
C. Licensee shall maintain the interior of the buildings on the Subject Property in a neat, clean and safe condition.
D. Licensee shall promptly notify City of any dilapidation or other defective conditions on the Subject Property that require repair.
E. Licensee shall not make any modifications to the interior or exterior of any buildings located on the Subject Property, nor shall Licensee place any storage units on the Subject Property, without the prior written consent by City.
F. Licensee shall carefully monitor the use of utilities in the buildings located on the Subject Property and implement measures to conserve energy to the best of Licensee's ability.
G. Licensee shall keep the Subject Property, including equipment, if applicable, in good order and condition, and shall not damage, depreciate, alter or misuse the Subject Property, subject to normal wear and tear.
H. If Licensee damages the Subject Property, Licensee shall pay City promptly for all costs necessary to restore and remedy the Subject Property or its equipment to its prior condition.
In addition, Licensee shall pay City for any damage or injuries to the Subject Property occasioned by Licensee's negligence, misuse, or lack of ordinary care.
I. Upon termination of this Agreement, Licensee shall return the Subject Property in as good as a condition and repair as the Subject Property existed as of the date of this Agreement subject to reasonable wear and tear.
5. RESPONSIBILITIES OF CITY
A. City shall be responsible for all maintenance and repairs of the subject property.
B. City shall be responsible for providing utilities, including water, electricity, gas, and internet service.
6. INSURANCE REQUIREMENTS
Licensee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Licensee, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
ii. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Licensee owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable. iii. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Licensee has no employees while performing under this Agreement, worker's compensation insurance is not required, but Licensee shall execute a declaration that it has no employees.
B. Minimum Limits of Insurance. Licensee shall maintain limits no less than:
i. General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
iii. Worker's Compensation insurance is required only if Licensee employs any employees. Licensee warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Licensee; products and completed operations of the Licensee; premises owned, occupied or used by the Licensee; or automobiles owned, leased, hired or borrowed by the Licensee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Licensee's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community
Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Licensee's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date.
6) If insurance coverage is canceled or, reduced in coverage or in limits the Licensee shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.
F. Verification of Coveracie. Licensee shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Licensee's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
7. INDEMNIFICATION
Licensee agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Licensee's negligent or wrongful acts or omissions arising out of or in any way related to Licensee's use or occupancy of the Subject Property, the performance of or in connection with this License Agreement.
8. LICENSES PERMITS and APPROVALS
Licensee shall, at Licensee's sole cost and expense, obtain any and all licenses, permits and approvals required for the performance or use of the City.
9. EXCLUSIVE CONTROL
The City reserves the exclusive right to control and/or to limit access to the Subject Property at all times.
10. LEGAL RESPONSIBILITIES
Licensee shall comply with all rules and regulations governing the use and occupancy of the Subject Property and with applicable Federal, State and local laws, ordinances and regulations. If Licensee fails to comply with such rules and regulations, the City has the right to immediately cancel this License Agreement without notice to Licensee, such cancellation being effective as of the time and date of such noncompliance.
11. CITY'S RESERVATION OF RIGHT OF ENTRY
The City, through its management staff or any other authorized representative of the City, shall have the right to enter the Subject Property at all times during the period covered by this License Agreement in order to insure compliance with this License Agreement.
12. LIENS
Licensee shall not directly or indirectly create or permit to be created or to remain any mortgage, lien, encumbrance, charge or pledge of the Subject Property. Licensee shall defend, indemnify and hold City harmless, pursuant to Section 8 (Indemnification), from any liens that may attach to the Subject Property or to the Subject Property arising from the use of the buildings on the Subject Property.
13. USE RESTRICTIONS
Licensee agrees to maintain the Subject Property in a clean and neat condition, free and clear of garbage, weeds, and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice to the other party. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Mailing Address: CITY OF TEMECULA
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Licensee: Friends of the Temecula Libraries
Attn: President
P.O. Box 817
Temecula, CA 92593
15. ASSIGNMENT
Licensee shall not assign its interest in this Agreement or in the Subject Property to any person or entity without first obtaining the City Manager's written consent. Any assignment without the City Manager prior written consent shall be voidable and, at the City Manager's election, shall constitute a default.
16. DEFAULT
A. Default by Licensee. If Licensee should fail to perform, keep, or observe any of the terms, conditions or covenants as set forth in this Agreement, City will give Licensee written notice to correct the failure within 30 calendar days of said notice. If Licensee does not cure such default within the 30-calendar day period, Licensee will be in default of this Agreement and Licensee's rights under this Agreement, at the sole discretion of the City, may be terminated and forfeited. Such election to terminate will not be construed as a waiver of any claim the City may have against Licensee, consistent with such termination. If, however, any failure is of such nature that it cannot be physically remedied within 30 calendar days of the date of the City's notice, except for the payment of money, and if Licensee has commenced the elimination of such failure promptly after the receipt of such notice, and continuously and diligently proceeds in good faith to eliminate such default, then the period for correction will be extended for such length of time as is reasonably necessary to complete such correction. The failure of Licensee to fund the necessary corrections will not justify an extension of the time to cure beyond the initial 30-calendar day period.
B. Surrender of Possession Upon Termination by Default. Upon the termination of this Agreement pursuant to Section 3 or any such default under Section 16.A., Licensee covenants and agrees to surrender and to forfeit this Agreement, and deliver up the subject property peaceably to the City immediately upon any such termination. If Licensee remains in possession of the subject property after any such termination of this Agreement based on such default, Licensee will be deemed guilty of an unlawful possession of the subject property.
C. Default by City. Notwithstanding any other provision of this Agreement to the contrary, the City will not be deemed to be in default under this Agreement until 30 calendar days after notice of default is given by Licensee to the City. If such default cannot be cured within such 30-calendar day period, the City will not be deemed to be in default provided that, within such 30-calendar day period, the City commences and thereafter diligently prosecutes efforts to cure the default.
D. Legal Remedies. Each party will have all remedies as may be allowed by law or equity to enforce its rights in this Agreement. No legal action will be filed by one party against the other party until such time as the other party has received the notice of default as provided in this Agreement. Any such action will be filed in Riverside County, California.
17. INDEPENDENT CONTRACTOR
The relationship of the parties to this License Agreement shall be that of independent contractors and that in no event shall Licensee be considered an officer, agent, servant or employee of the City. The Licensee shall be solely responsible for any workers' compensation, withholding taxes, unemployment insurance and any other employer obligations associated with its employees, agents and performers.
18. GOVERNING LAW
The parties understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
19. LEGAL RESPONSIBILITIES and NON-DISCRIMINATION
The Licensee shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services described in this Agreement. As required by law, the Licensee hereby covenants that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the use, occupancy, tenure or enjoyment of the Subject Property or operations of the activities thereon, nor shall the Licensee establish or permit any such practice or practices of discrimination or segregation. The Licensee shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Licensee to comply with this section.
20. TAXES
Licensee shall pay any possessory interest taxes, and general and special assessments, if any, which may levied against the Subject Property described at Section 2 (Right to Use Subject Property) above as a result of Licensee's use of the Subject Property.
21. INTERPRETATION
Each party had the full opportunity to participate in the drafting of this Agreement and, therefore, the Agreement shall not be interpreted against any party on the ground that the party drafted the Agreement or caused it to be prepared.
22. ENTIRE AGREEMENT
This Agreement is the entire agreement and understanding between the parties with respect to the subject matter of this License Agreement and this License Agreement supersedes any representations, or previous agreements, either oral or in writing, between
the parties hereto with respect to the subject matter of this License Agreement. Any modifications of this License Agreement will be effective only if it is in writing and signed by the parties hereto.
23. AUTHORITY TO EXECUTE AGREEMENT
Licensee has expressly authorized the execution of this License Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint ventures, insurance carriers, and any others who may claim through it to this License Agreement. The person executing this Agreement on behalf of the Licensee warrants and represents to the City that this Agreement has been duly approved by the Licensee and that all applicable notices and procedures were complied with and that he is duly authorized by the Licensee to execute this Agreement on behalf of the Licensee and has been duly authorized to do so.
IN CONCURRENCE AND WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
Matt Rahn, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
FRIENDS OF THE TEMECULA LIBRARIES
By: 404a &!:::.
PhyII6 Ruse, President
By:
Darlene Lynn, Treasufer
LICENSEE
Friends of the Temecula Library
Attn: President
P.O. Box 817
Temecula, CA 92593
951-595-5722
City Purchasing Mgr.
Initials ano D te:
EXHIBIT "A"
DESCRIPTION AND DEPICTION OF SUBJECT PROPERTY
The Subject Property comprises the bookstore, workspace, and storage area at the Ronald H.
Roberts Temecula Public Library at 30600 Pauba Road, Temecula, CA 92592, as indicated in the schematic below:
EXHIBIT "B"
Certificate(s) of Liability Insurance
=r�1 FRIEOFT-12 P_pERRM
AC C?i2C�' oas rRMee_YYI
r
ram- CERTIFICATE OF LIABILITY INSURANCE 618�z02r
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ THIS CERTIFICATE OF rNSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the ppllcY(iDS) must have ADDITIONAL INSURED prow W.ona or he endorsed.
If SUBROGATION IS WAIVED, subject to the terms and condillwK of the policy, certain policies may require an endorsement. A statement on IN$ certificate does not confoo, I�qE to the cerofwaw holder in liau of Such endofsorlmn s .
FReouDER o0R•1'aer Colleen Koch
NA51F:�., ...
in
Insuranco Sonlices, LLC wH4.Yk I FAX
2721 Cllrus Road, Suite A stir.. Ru Iu,: (981) 284-4863 per, IN+ Rancho Cordova, CA 957e2 Xff��4s;[email protected]
INSURERISIAFFORDING COVERAGE NAICr
INsuAEaa;Nonp-fitslneurantoAtIiance 10023
INWRED INSURER a :
Friends Of The Temecula Libraries INSURER C:
P.O. Box 817 INSURER D:
Temecula, CA 92623
,COVERAGES _
CERTIFIreAltR: EVISION NUh46ER:
1 HIS IS TO CERTIFY THAT THE POLICIES OF INSII RANCE LISTED BELOW ILAW BFFN ISSUED TO THE INSURED NALIED ABOVE FOR THE POLICY FFRIVU INDICATED- NOPAITHSTANDING ANY REOUIRCIIr NT, TERM UH CONDITION OF AKY CONTRACT OR OTHCR DOCUMENT WI H RESPECT TO V4IICH THIS CEATirICAIE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORMD BY THE POLIf' I[S DESCRIBED HEREIN IS St IAJFCT TO ALL TfIET'ERMS, MLUSIONS ANO CONDITIONS OF SUCH POI ICQkS. LIMITS Sk'04 M IAAY HAVE BEEN REUUGE-D BY AAIA CLAli15.
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1N 61 M11041DF OPERATIONS 7 LOCATIONS 7 VFMCLee (acoRD lot, ACdul naf RCM006 sdmo , a,rp be rltechade mare Fpan IN rryar rdl rile City aT Temocuta, the Temecula COmmurnty Se"ILUS DJSe1CL the 3DCtosaor AWncq to the Torne"%e RedsYelaPlnoM Agency, thorr, of firers, off slals, emPToysss and volwlteere —Included as Additional lnourud In Topards to Oancral Llabitlty Iwr WFEtEBA contract CERTIFICATE HOLDER _,.
C NC£L1 AT19M-_-- ---_-•
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES ISE CANCELLED BEFORE TtwCity ofTamecul5
THE EXPIRATION DATE INEREOF, NOTfCE WILL BE OFt1VERED IN Attn: Finance Dept.
ACCORDANCE VATIH 7HE POLICY PROVISION&
4100 Main St_
Temecula, CA 92590
AUTHORLEEDREPRESElnAMM
ACORD 26 (2016103)
_ Cf 1098.2016 ACORD CORPORATION. All rtghta reServsd.
The ACORD name and logo are rogistorud marks of ACORD
EXHIBIT "C"
Declaration of No Employees
L'IIle"r�
Friends of the Temecula Libraries
Supporting the Grace Mellman Community Library and the
Ronald Fl. Roberts Temecula Public Library
Since 1919
HOARD OF DIRECTORS June 4, 2022
PHYLI.IS RUSE
President
MICIM.LE GRIFFIN
City of Temecula
Attn: City Manager
DARLENE A. LYNN
41000 Main Street
Temecula, CA 92590
1UDY FRAYNL;
.V,—/.ry
JUDICALAVAN
.,roa
The Friends of the Temecula Libraries is a 501(c)(3) non-profit KATHY HOAGL.AND
organization. All operations are conducted and carried out by individual 00" 1�
volunteers. The organization has no paid staff.
LINDA SCHNEIDER
Dlrenor
If at any time in the future while in a Llcensc Agreement with the City of Temecula, the Friends of the Temecula Libraries shall hire or acquire any person or persons as a paid employee(s), the Friends of the Temecula
CONSULTANTS
Library shall, as quickly as possible, notify the City of Temecula and Joseph Kuebler
provide proof of Workers' Compensation insurance.
Cvfifi,d PO4 Ai,v mt
Efren Nava, Esq.
,
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Vir
PhAis L. Ruse
President
Friends of the Temecula Libraries
Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: August 9, 2022
SUBJECT: Award a Construction Contract to DBX, Inc. for the Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19 PREPARED BY: Nino Abad — Senior Civil Engineer
Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:
1. Award a Construction Contract to DBX, Inc. in the amount of $448,045, for the Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW 19-19; and
2. Approve construction contract change orders not to exceed the contingency amount of $44,804.50, which is equal to 10% of the Contract amount; and
3. Make a finding that the Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW 19-19 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2023-27, the City Council approved appropriations to support a Traffic Signal Installation — Citywide project that would improve traffic safety and circulation throughout the City. A priority list of traffic signals has been developed. The traffic signals scheduled for installation will be designed and constructed in the scheduled fiscal year when funding becomes available. Rancho California Road and Tee Drive was selected from the list to be constructed and installed.
The work generally consists of furnishing and installing the proposed traffic signal system at the intersection of Rancho California Road and Tee Drive complete and in place, including street name signs, safety lighting, emergency vehicles pre-emption, fiber optic cable connection, traffic signal loop detectors, signing, striping, new curb ramp, modification to existing ramps, and all incidental work and materials.
On May 24, 2022, City Council approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for the Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19.
The construction contract was publicly advertised for bids between June 15, 2022 and July 20, 2022 on the City's online bidding service, PlanetBids. Seven (7) bids were received and publicly opened on July 20, 2022.
The results are as follows:
Rank
Bidder
Amount
1. DBX, Inc.
$448,045
2. International Line Builders, Inc.
$449,307
3. Elecnor Belco Electric, Inc.
$462,888
4. PTM General Engineering
Services, Inc.
$493,560
5. Crosstown Electrical & Data,
Inc.
$509,783
6. California Professional
Engineering, Inc.
$519,640
7. 1 California Engineering, Inc.
1 $532,100
Staff has completed its analysis of the submitted bids and found that DBX, Inc. of Temecula, California to be the lowest responsive and responsible bidder. DBX, Inc. has public contracting experience and has successfully completed similar projects for various public agencies including the City of Temecula.
The Engineer's Estimate for the project was $346,700. The project specifications allow for 40 working days (approximately 2 months) to complete the work.
The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP.
Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Maintenance only projects, such as this project, are exempt from MSHCP fees.
FISCAL IMPACT: The Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19 is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023-27, and is funded with DIF-Traffic Signals and Measure S. Adequate funds are available in the project accounts to cover the construction contract amount of $448,045, plus the 10% contingency of $44,804.50, for a total encumbrance of $492,849.50.
ATTACHMENTS: 1. Contract
2. Project Description
3. Project Location Map
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACT
for
TRAFFIC SIGNAL INSTALLATION - CITYWIDE,
RANCHO CALIFORNIA ROAD AND TEE DRIVE
PROJECT NO. PW19-19
THIS CONTRACT, made and entered into the 9th day of August 2022 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and DBX, Inc., hereinafter referred to as "Contractor."
WITNESSETH:
That City and Contractor, for the consideration hereinafter named, mutually agree as follows:
CONTRACT DOCUMENTS
The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled TRAFFIC SIGNAL INSTALLATION - CITYWIDE, RANCHO CALIFORNIA ROAD AND TEE DRIVE, PROJECT NO. PW19-19, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for TRAFFIC SIGNAL
INSTALLATION - CITYWIDE, RANCHO CALIFORNIA ROAD AND TEE DRIVE, PROJECT NO. PW19-19. Copies of these Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for TRAFFIC SIGNAL
INSTALLATION - CITYWIDE, RANCHO CALIFORNIA ROAD AND TEE DRIVE, PROJECT NO. PW19-19.
In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise
specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: TRAFFIC SIGNAL INSTALLATION - CITYWIDE, RANCHO CALIFORNIA ROAD AND TEE DRIVE, PROJECT NO. PW19-19 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City.
CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: Four Hundred Forty -Eight Thousand Forty -Five DOLLARS AND NO CENTS ($448,045.00), the total amount of the base bid.
Contractor agrees to complete the work in a period not to exceed 40 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City.
5. CHANGE ORDERS
All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council.
6. PAYMENTS
a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60
days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City.
C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference.
7. LIQUIDATED DAMAGES / EXTENSION OF TIME
a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor.
b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City.
Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.
8. WAIVER OF CLAIMS
On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
10. TIME OF THE ESSENCE
Time is of the essence in this contract.
11. INDEMNIFICATION
All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City.
The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor.
12. GRATUITIES
Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.
13. CONFLICT OF INTEREST
Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT
After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES
Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.
16. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.
17. INSPECTION
The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract.
20. PROHIBITED INTEREST
No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California.
21. ADA REQUIREMENTS
By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.
22. WRITTEN NOTICE
Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows:
Mailing and Delivery Address: Patrick A. Thomas, PE
Director of Public Works / City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590
23. INSURANCE.
The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88.
2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable.
3. Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance: The Contractor shall maintain limits no less than:
General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage.
3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars $1,000,000 per accident for bodily injury or disease.
Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars $25,000.
Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respects to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers.
For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this Contract shall be endorsed to state in substantial conformance to the following: If the policy will be cancelled before the expiration date the insurer will notify in writing to the City of such cancellation not less than 30 days prior to the cancellation effective date.
6. If insurance coverage is cancelled or reduced in coverage or in limits, the Contractor shall within two business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements.
Verification of Coverage: Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's
insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT
Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
26. COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work.
27. CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.
All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim
against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.
DATED: 07/26/2022
DATED:
ATTEST:
Rand! Johl, City Clerk
CONTRACTOR:
DBX, Inc.
42024 Avenida Alvarado, Suite A
Temecula, Ca. 92590
(951) 296-9909
dbxinc(&hotmail.com
By: C
James Charles Perry
Print or type NAME
President
Print or type TITLE*
By: 0
James Charles Perry
Print or type NAME
Secretary, Treasurer
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations) APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CITY OF TEMECULA
IN
Matt Rahn, Mayor
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On 07/26/22
Date
personally appeared
before me, Stephany Bravo, Notary Public
James C. Perry
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
STEPHANY BRAVO
10my
Notary Public - California
Riverside County
Commission # 2348074
Comm. Expires Feb 19, 2025
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Sig atwe Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: James C. Perry Signer's Name:
Number of Pages:
® Corporate Officer — Title(s):President/secretary/'treasurer ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
02019 National Notary Association
AV
CERTIFICATION OF RESOLUTION
I, James C. Perry, Secretary of DBX, Inc. a California corporation, do hereby certify that the attached RESOLUTION OF OFFICER'S AUTHORITY, to which I hereby attest, is a Full, true and correct copy of a resolution of the Board of Directors of said corporation, duly adopted and approved by regular action of the said Board of Directors taken on February 27, 2017 in full conformance with the law and the By Laws of said corporation.
I further certify that the resolution Is still in full force and effect and has not been amended or revoked.
IN WITNESS WHEREOF, I have hereunto set my hand as such Secretary, and affixed the corporate seal of said Corporation.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Temecula, California on July 27, 2017. 1 es C. Perry, Secretary
SEAL 1/
A notary public at, other off fcer completing this certificate verifies only the Identity of the individual who signed the documedi: LY.t which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA }am"' Q0PHYLLI55A MAI
SS Notary Public - Ctl€fornfa
Riverside County
Commission # 2159844
COUNTY OF RIVERSIDE } M 9 Comm. ExP ire: Aire 11.2020
Subscribed and sworn Lo before me this Z7th day of July, 2017, by James C. Perry, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
RESOLUTION OF OFFICER'S AUTHORITY
"WHEREAS, from time to time this corporation, being ❑SX, Inc., a California corporation, is called upon to execute documents by which this corporation enters into contracts, bonds, obligations of performance, surety and of other legal consequences, and "WHEREAS, third persons may require or request come written authority evidencing and Identifying those persons who are officers and authorized to execute such documents for and on behalf of this corporation, now, therefore, it is "RESOLVED, that TAMES C. PERRY, who is President and Chief Executive Officer of this corporation, be, and he hereby is, and has been, empowered, authorized and directed to execute any and all kinds of documents, contracts, bonds, obligations of performance, surety and other documents by which this corporation assumes legal obligations, dealing with private and public entities, and
"RESOLVED FURTHER, that any person who relies upon the authority granted and conferred in this resolution shall be indemnified and held harmless from any claim with respect to the existence or non-existence of such authority, and may continue to do so until personally receiving written notice that the authority herein conferred has been terminated." Dated. February 27, 2017
Ies C. Perry, Secretary
SEAL
Alk
The Heart of Southern California
Wine Country
TRAFFIC SIGNAL - INSTALLATION - CITYWIDE
Circulation Project
Project Description: This project includes the design, construction, installation and modification of traffic signals at various locations throughout the City. The project also includes reimbursement for developer installed traffic signals.
Benefit: This project improves traffic safety and circulation throughout the City.
Core Value: Healthy and Livable City
Project Status: A priority list of traffic signals has been developed. The traffic signals scheduled for installation will be designed and constructed in the scheduled fiscal year when funding becomes available. Reimbursements for developer installed traffic signals will be made as Development Impact Fees for Traffic Signals become available.
Department: Public Works - Account No. 210.265.999.682 / Various Level: I
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
2022-23
Prior Years
2021-22
Adopted 2023-24
2024-25 2025-26
2026-27
Total Project
Project Cost:
Actuals
Adjusted
Budget Projected
Projected Projected
Projected
Cost
Administration
187,878
150,000
70,000
407,878
Construction
835,243
849,292
375,000
375,000
375,000
2,809,535
Design & Environmental
25,615
1 4,654
20,000
1 50,269
Total Expenditures
1,048,737
853,946
525,000 -
375,000 -
465,000
3,267,683
Source of Funds:
Developer Contribution
246,764
3,236
250,000
DIF-Traffic Signals
701,892
305,791 375,000 375,000 300,000
2,057,683
Measure S
150,000
495,000 150,000 165,000
960,000
Total Funding
1,098,656
804,027 525,000 - 375,000 - 465,000
3,267,683
Future Operating & Maintenance Costs:
Total Operating Costs
107
4THE cli -OF
, ?-- TEMECULA Traffic Signal Installation - Rancho California Road and Tee Drive ^UJ' 41, ....a
188.1 0 94.04 188.1 Feet
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be WGS_1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise reliable. © Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION ';'J.
i An Ots Riverside
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-0teanrid e *
Legend
❑ Parcels
City of Temecula Boundary
Citations
Notes
Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: August 9, 2022
SUBJECT: Approve First Amendment to Agreement with Mark Thomas and Company, Inc. for the Cherry Street Extension and Murrieta Creek Low -Flow Crossing Project, PW 19-15
PREPARED BY: Avlin R. Odviar, Principal Civil Engineer
Shawna Bennetts, Associate Civil Engineer
RECOMMENDATION: That the City Council:
1. Approve the first amendment to the agreement with Mark Thomas and Company, Inc., in the amount of $100,000, for additional contingency in support of the professional design and environmental services of the Cherry Street Extension and Murrieta Creek Low -Flow Crossing Project, PW19-15; and
2. Increase the City Manager's authority to approve extra work authorizations by the same amount.
BACKGROUND: On November 5, 2020, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-83 approved the agreement for consultant services with Mark Thomas and Company, Inc. to provide professional design and environmental services for the Cherry Street Extension and Murrieta Creek Low -Flow Crossing Project, PW19-15, in the amount of $346,918 and authorized the City Manager to approve extra work authorizations not to exceed the contingency amount of $34,692.
The original scope of work included preliminary engineering/environmental analysis of a low -flow crossing of Cherry Street at Murrieta Creek. This work is complete and revealed that several permitting resource agencies do not support a low -flow crossing design. For this reason, we turn our focus to preliminary engineering/environmental analysis of a bridge crossing. This additional work will exhaust the current contingency and require additional funds.
The first amendment adds $100,000 in contingency and allows for bringing additional services into the agreement through extra work authorization(s). Approval of the first amendment results in an agreement amount of $346,918 and a contingency amount of $134,692.
FISCAL IMPACT: The Cherry Street Extension and Murrieta Creek Low -Flow Crossing preliminary design & feasibility cost is included in the Fiscal Year 2023-27 Measure S Fund in the Capital Improvement Program Budget. Adequate funds are available for the increased contingency amount of $100,000.
ATTACHMENTS: 1. First Amendment
2. Project Description
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MARK THOMAS AND COMPANY, INC.
CHERRY STREET EXTENSION AND MURRIETA CREEK LOW -FLOW CROSSING PROJECT NO. PW19-15
THIS FIRST AMENDMENT is made and entered into as of August 9, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Mark Thomas and Company, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On November 5, 2020, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services Between City of Temecula and Mark Thomas and Company, Inc., Cherry Street Extension and Murrieta Creek Low -Flow Crossing Project No. PW19-15," in the amount of $346,918.00, plus contingency in the amount of $34,692.00.
b. The parties now desire to increase the contingency in the amount of $100,000.00 and to amend the Agreement as set forth in this Amendment.
2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,00.00), to increase contingency for a total Agreement amount of Four Hundred Eighty -One Thousand Six Hundred Ten Dollars and Zero Cents ($481,610.00).
3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021
IN WITNESS WHEREOF, the pat lies thereto leave caused this Agreement to be VILLSLULLtJ L11L IGUy and yLL ,tl Jl S.ivVVir 3l Vr11SS`✓11.
CITY OF TEMECULA
Mark Thomas and Company, Inc.
iiwo ar.;gnaiures of corporate ohi-icers required uriiess corporate documents authorize only one person to stun
'he aireERieiii On iciei}5ii Of ure%uruiarSiivte.j
By: By: 1P
Matt Rahn, Mayor Matt Brogan, Secretary
ATTEST:
By:
Randi Johl, City Cleric
F76"i"'9' Ol ED AS O Hart%M;
By:
By:
Rots limes, Vice President
Peter M. Thorson, Qty kHo ne--er CONSULTANT
e . a;ia,re�ufc, irisY ,-"dg4�e ees:p
Mark Thous and Company, Inc.
Paul l+ ttica, Prgect Mia;;a er
10630 Town Center Drive, Ste. 117
Rancho Cucamonga, CA 92606 --- —�
904723A 128 — ---
[email protected]
7 City Purchasing Mgr.
Initials anti Bate:
LV-K 7/26/22
08/0912021
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
CHERRY STREET EXTENSION & MURRIETA CREEK LOW -FLOW CROSSING Circulation Project
Project Description: This project includes the design, environmental clearance, and construction of the extension of Cherry Street from Adams Avenue to Diaz Road, including a new low -flow crossing of Murrieta Creek at the northerly City limits. Initially, preliminary engineering and environmental assessments will be performed to evaluate feasibility. If deemed appropriate, the project will proceed to final design, environmental clearance/permits, right of way acquisition, and construction.
Benefit: This project improves traffic circulation and access from and to the northerly industrial area west of Murrieta Creek.
Core Value: Transportation Mobility and Connectivity
Project Status: Preliminary design and environmental assessment will be done through Fall 2022.
Department: Public Works - Account No. 210.265.999.524 / PW19-15 Level: I
Project Cost:
Prior Years
Actuals
2021-22
Adjusted
2022-23
Adopted 2023-24
Budget Projected
2024-25
Projected
2025-26 2026-27
Projected Projected
Total Project
Cost
Administration
83,344
81,656
20,000
134,344
1,550,000
1,869,344
Construction
27,000,000
27,000,000
Construction Engineering
3,240,000
3,240,000
Design & Environmental
124,694
379,606
110,000
1,824,618
1,350,000
3,788,918
MSHCP
1,350,000
1,350,000
Total Expenditures
208,038
461,262
130,000 -
1,958,962
34,490,000
37,248,262
Source of Funds:
Measure S
Unspecified
500,000
169,300 130,000
1,958,962 34,490,000
799,300
36,448,962
Total Funding
500,000
169,300 130,000 - 1,958,962 34,490,000 -
37,248,262
Future Operating & Maintenance Costs:
Total Operating Costs
77 Item No. 10
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: August 9, 2022
SUBJECT: Approve Tract Map 38018 (Located on Sommers Bend between the Sports Ranch @ Sommers Bend to the West, Sommers Place, a Private Recreational Center, to the East and Long Valley Wash to the South)
PREPARED BY: Ron Moreno, Principal Civil Engineer
Annie Bostre-Le, Public Works Development Manager
RECOMMENDATION: That the City Council:
1. Approve Tract Map 38018 in conformance with the Conditions of Approval; and
2. Approve the Subdivision Monumentation Agreement with the Developer; and
3. Authorize the City Manager to execute the agreements on behalf of the City.
BACKGROUND: Tract Map 38018 has been approved for subdivision purposes to create thirteen buildable lots and one (1) open space lot on 31.57 acres for Roripaugh Ranch Phase II, now known as "Sommers Bend". The property covered by this Tract Map is located on Sommers Bend between the Sports Ranch @ Sommers Bend to the west, Sommers Place, a private Recreational Center, to the east and Long Valley Wash to the south.
This Tract Map subdivides Lot 21 and Parcel "A" of Lot Line Adjustment No. LD21-1111 as per Instrument No. 2022-0008833 recorded January 6, 2022 also being Lot 22 and a portion of Lot 24 of Tract Map No. 37368, in the City of Temecula, County of Riverside, State of California, as per map filed in Book 468, Pages 89 through 98, inclusive, of Maps, in the Office of the County Recorder of said County, lying within Section 21, Township 7 South, Range 2 West, San Bernardino Meridian.
Securities, in the amount of $19,000, have been posted for the monumentation as conditioned by the approval of Tentative Tract Map by the Planning Commission on June 2, 2021.
The property owner/developer has met the terms of the Conditions of Approval for map recordation, and this Tract Map is in conformance with the approved Tentative Tract Map. The approval of a Subdivision Map, which substantially complies with the approved Tentative Tract Map, is a mandatory ministerial act under State law.
All fees have been paid.
FISCAL IMPACT: None
ATTACHMENTS: 1. Vicinity Map
2. Tract Map 38018
BEAD
VICINITY MAP
SCALE: NOT TO SCALE
PROJECT LOCATION
TOTAL NUMBERED CONDOMINIUM UNITS: 374
TOTAL NUMBERED LOTS: 14
TOTAL NET AREA: 31.57 ACRES
TOTAL GROSS AREA: 31.57 ACRES
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
WE HEREBY DEDICATE AN EASEMENT FOR PUBLIC PURPOSES: EASEMENTS FOR EMERGENCY AND SERVICE VEHICLE ACCESS, AND PUBLIC UTILITY PURPOSES AS SHOWN HEREON.
WE ALSO HEREBY DEDICATE ABUTTERS RIGHTS OF ACCESS ALONG SOMMERS BEND TO THE PUBLIC. THE OWNERS OF LOTS 1,2,7, AND 8 ABUTTING THIS HIGHWAY AND DURING SUCH
TIME WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL, EXCEPT FOR THE 2 60 FOOT WIDE ACCESS OPENINGS BEING 30 FOOT ON LOTS 1, 2, 7, AND 8 AS SHOWN ON THE MAP. ANY CHANGE OF ALIGNMENT OR WIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS DEDICATION AS TO THE PART VACATED.
WE HEREBY RETAIN AN EASEMENT FOR PRIVATE ACCESS PURPOSES AS SHOWN HEREON FOR
PRIVATE USE FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES, AND OWNERS WITHIN THIS TRACT MAP.
WE ALSO HEREBY RETAIN AN EASEMENT FOR PRIVATE STORM DRAIN, AND STORM DRAIN ACCESS
PURPOSES AS SHOWN HEREON FOR PRIVATE USE FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES, AND OWNERS WITHIN THIS TRACT MAP.
WE ALSO HEREBY RETAIN AN EASEMENT FOR PRIVATE SEWER, AND SEWER ACCESS PURPOSES AS
SHOWN HEREON FOR PRIVATE USE FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES, AND OWNERS WITHIN THIS TRACT MAP.
gRT9%%
WOODSIDE 05S, LP,
A CALIFORNIA LIMITED PARTNERSHIP
BY:
NAME:
T I TLE:
NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )SS.
COUNTY OF )
ON THIS DAY OF , 20 BEFORE ME,
A NOTARY PUBLIC, PERSONALLY APPEARED
AND WHO
PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE
NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME
THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES)
AND THAT BY HIS/HER/THEIR SIGNATURES) ON THE INSTRUMENT THE PERSON(S), OR
THE ENTITY(IES) UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
IS IN
COUNTY.
WITNESS MY HAND AND OFFICIAL SEAL MY PRINCIPAL PLACE OF BUSINESS
NOTARY PUBLIC IN AND FOR SAID STATE
MY COMMISSION EXPIRES
MY COMMISSION NUMBER
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO 0 38018
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1111 AS PER INSTRUMENT NO. 2022-0008833 RECORDED JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
FOR CONDOMINIUM PURPOSES
INTERNATIONAL
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF WOODSIDE 05S, A CALIFORNIA LIMITED PARTNERSHIP IN APRIL 2021. I HEREBY STATE
THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY
WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND THAT
THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.
DATE:
JOHN R. DUQUETTE, PLS 7566
EXPIRES 12-31-2023
CITY SURVEYOR'S STATEMENT
`��pL LAND
2022 `'� . DUq,FI
a � �
L.S. 7566
qTF OF C 0-���/
I HEREBY STATE THIS MAP CONSISTING OF TEN (10) SHEETS HAS BEEN EXAMINED BY ME OR UNDER
MY SUPERVISION AND FOUND TO BE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OF TRACT NO. 38018 AS FILED, AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA ON JUNE 2, 2021, THE EXPIRATION DATE BEING JUNE 2, 2024 , THAT ALL POVISIONS OF
APPLICABLE STATE LAW AND CITY REGULATIONS HAVE BEEN COMPLIED WITH AND THAT I AM SATISFIED THIS MAP IS TECHNICALLY CORRECT.
DATE:
RON MORENO, L.S. 7933
CITY OF TEMECULA
2022.
��p� LANp
5� SG
IIORF,yo �
o
a �
L.S. 7933
qTF OF C N��F
CITY CLERK STATEMENT
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, BY ITS CITY CLERK RANDI
JOHL, HEREBY APPROVES THE TRACT MAP AND ACCEPTS THE OFFERS OF DEDICATION OF EASEMENTS
FOR PUBLIC UTILITY PURPOSES TOGETHER WITH THE RIGHT OF ACCESS FOR EMERGENCY AND SERVICE VEHICLES.
WE ALSO HEREBY ACCEPT THE DEDICATION OF ABUTTERS RIGHTS OF ACCESS ALONG SOMMERS BEND AS DEDICATED.
DATE:
BY:
2022.
RANDI JOHL
CITY CLERK, CITY OF TEMECULA
TAX COLLECTOR'S CERTIFICATE
SHEET 1 OF 10 SHEETS
RECORDER'S STATEMENT
FILED THIS DAY OF , 20_.
AT .M. IN BOOK OF MAPS,
AT PAGES , AT THE REQUEST OF
THE CITY CLERK, CITY OF TEMECULA
NO.
FEE
PETER ALDANA, ASSESSOR -COUNTY CLERK -RECORDER
BY: , DEPUTY
SUBDIVISION GUARANTEE:
FIRST AMERICAN TITLE INSURANCE COMPANY
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE,
THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE,
COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT
TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $
DATE: , 20_
MATTHEW JENNINGS, COUNTY TAX COLLECTOR
BY: , DEPUTY
TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND
FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA,
CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL,
AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF THE FILING
OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.
DATE: , 20_
CASH OR SURETY BOND
MATTHEW JENNINGS
COUNTY TAX COLLECTOR
BY: , DEPUTY
SIGNATURE OMMISSIONS
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTEREST HAVE BEEN OMITTED:
AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED DECEMBER 05, 1988 AS INSTRUMENT NO. 88-354239 OF OFFICIAL RECORDS.
TO GENERAL TELEPHONE COMPANY OF CALIFORNIA, A CORPORATION.
SAID EASEMENT CANNOT BE PLOTTED FROM RECORD.
AN EASEMENT FOR PUBLIC UTILITY PURPOSES IN FAVOR OF EASTERN MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 14, 2013 AS INSTRUMENT NO. 2013-0539683 OF OFFICIAL RECORDS.
AN EASEMENT FOR UNDERGROUND ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATION
SYSTEMS AND INCIDENTAL PURPOSES, IN FAVOR OF SOCAL EDISON RECORDED DECEMBER 4, 2019 AS INSTRUMENT NO. 2019-0499070 OF OFFICIAL RECORDS.
SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, S.B.M.
DATA TABLE
�0
BEARING/DELTA
RADIUS
LENGTH
1 [30°12'25"
725.00'
382.23'1
2 [N46°25'04"E
--
245.24'1
3 [43°34'56"
750.00'
570.49'1
4 [N90°00'00"E
--
150.Oo']
5 [04°04'21"
750.00'
53.31']
6 [N85°55'39"W
--
74.24'1
7 [09°55'24"
750.00'
129.90'1
8 [05°51'03"
750.00'
76.59'1
9 [N90°00'00"W
--
190.00']
10 [17°59'00"
750.00'
235.40'1
11 1 [N72°01'00"W
--
50.00'1
12 [32°59'24"
750.00'
431.84'1
13 [N74°59'36"E
--
129.20'1
14 [29°44'28"
750.00'
389.31']
15 [N75°15'56"W
--
50.01']
16 [14°10'30"
750.00'
185.55'1
17 [18°00'33"
1688.00'
530.57'1
18 (N16°23'48"E
(R) 1176.00' M&R3)
19 [N55°35'39"W
-- 235.44'1
20 (N11°50'02"E
-- 209.00' M&R5)
21 [N89°26'26"W
1 500.00'1
22 [01°29'48"
1460.50'
38.15'1
23 (N39°51'24"E
61.66' M&R4)
24 (N55°25'37"E
--
33.73' M&R4)
25 (N79°03'24"E
--
36.69' M&R4)
26 (N71-19'24"E
--
104.42' M&R4)
27 [13°40'42"
1023.00'
244.22'1
28 [N69°45'18"E
--
38.18'1
29 [02°08'52"
1600.00'
59.98'1
30 10*53'48"
300.00'
57.05'
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
TRACT MAP NO 0 38018
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1111 AS PER INSTRUMENT NO. 2022-0008833 RECORDED JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
BOUNDARY CONTROL MAP APR I L 2022
250 125 0 250 500
INTERNATIONAL REFERENCES
( ) = INDICATES RECORD DATA.
[ ] = INDICATES MEASURED AND RECORD PER R1.
FFFFn = INDICATES RESTRICTED ACCESS.
R1 = TRACT MAP NO. 37368, M.B. 468/89-98
R2 = TRACT MAP NO. 37341, M.B. 473/8-14
�Gj 252 R3 = TRACT MAP NO. 37341-1, M.B. 471/19-25
SCALE: 1"=250' � R4 = LOT LINE ADJUSTMENT NO. LD21-1111, INST. NO.
SHEET 2 OF 10 SHEETS
NOTES:
SEE SHEET 6 FOR EASEMENT NOTES
SURVEYORS NOTES
SET 1" I.D. X 18"I.P. AND TAG "L.S. 7566", DOWN
0.3' AT REAR LOT CORNERS. UNLESS OTHERWISE NOTED.
SET LEAD, TACK AND TAG "L.S. 7566" IN TOP OF CURB
AT THE PROLONGATION OF SIDE LOT LINES.
SET LEAD, TACK AND TAG "L.S. 7566" IN TOP OF CURB
AT BC, EC, PRC, PCC OR CORNER CUT-OFF POSITIONS,
PROJECTED PERPENDICULAR OR RADIALLY FROM THE STREET
CENTERLINE.
ALL MONUMENTS ARE SET AND TAGGED IN ACCORDANCE WITH
THE RIVERSIDE COUNTY ORDINANCE NO. 461.21
ALL MONUMENTS SHOWN "SET" SHALL BE IN ACCORDANCE
WITH THE MONUMENT AGREEMENT FOR THE MAP, UNLESS
OTHERWISE NOTED.
w 253 / TRACg 471/ 425 C/L LUPINE DR.
oo V B 410
�� 0=36 38' 30" �_.,5� ? INST. NO. 2022-0008833 \�'0 / \\ ��d' `3�s \ 28 �� _g / SEE DETAIL 9'0" \�� �s ��
g 0 =
L=890.72' C �",- REC 01 06 2022 SHEET 3 `LQ 9-6� ��
8535\�N A � �o �� � 22 �, 1 � 410 No 31341 �
MAP � � �\ � � � - 2� �0� p6 . � � � �� / ACT 3 g 1
5 0 p� g �� TRACT
47/ �\
PARCEM 67/4 ,�� I \ \\ �0� 2 N �, L �g"E
P a \ �- 3� 368 �� B N6g �3 PCL B cow 421 M I
I �� ,gS ` 411 /
BE I W �68 � 26 LLA NO. LD21-1 1 1 1 30
8 1
SFN , ESTABLISHED j M n 25 —
PER RECORD PER R 1 . CD 23 24 INST. NO. 2022-0008833 I
SEE DETAIL X w
SHEET 5 REC 01 /06/2022
W55 \ gLn
A
i i [N86°23'30"W o
_ 1 10 n 22 _ pC 4� I
\
N / 1OJ B 06, A
LL I — 41,16
313 / 1 \
-14 'T N° 3/63 A LOT 1 1
W o 341 TPA 47
I— a NO 3 -55
F_ �I ACT 3/
TPA 4�
m I M•g• I � cT � 1'11
3�34
�js sjs �, CT NO. 3/�2_79
I �s �, i TRA 41
A �--_ sERSBEND �,�i� Mg.
MM _
C/L SO "
209F 14 16 13 13 11 10 -9 --� p 6 ] E 7 6 5 4 / \ -
15 3�341 Q 8 6 41,12
TRACT N� �3/8'/93 T NO 3'8 ,g6
T M g. I TRAC B 473/
M
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
TRACT MAP NO 0 38018
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1111 AS PER INSTRUMENT NO. 2022-0008833 RECORDED JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN. 91 INDEX SHEET _ _ APR I L 2022
SHEET 3 OF 10 SHEETS
KlrlT=c-
SEE SHEET NO. 2 FOR SURVEYOR'S NOTES, MONUMENT NOTES,
REFERENCE NOTES, AND BASIS OF BEARINGS.
SEE SHEET 6 FOR EASEMENT NOTES.
N652 INTERNATIONAL
L�51 g9'„ N47°40' 14"E / / /-
D o1 19.48 '
N19°49'52"W /
© 8.01 '\�
o �9' / 23
�
A A
N�15 8
7 DETAIL
N.T.S. /
g68lgg�g$ � 19
PCL B
LLA NO. LD21-1111
. NO. 2022-0008833
REC 01/06/2022
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
IN THE CITY OF TEMECULA , COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SHEET 4 OF 10 SHEETS TRACT MAP NOc38018 NOTES:
\� °
o LOT 21 AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1 1 1 1 AS PER INSTRUMENT NO. SEE SHEET NO. 2 FOR SURVEYOR'S NOTES, MONUMENT NOTES, ® �� ' 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF REFERENCE NOTES, AND BASIS OF BEARINGS. \-J �w� 7 2022-0008833 RECORDED JANUARY 6 , SEE SHEET 6 FOR EASEMENT NOTES.
TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF ® 10 CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, 2 11 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, erj 12 13�316 29' TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
Michael Baker
/ �N� 5 INTERNATIONAL �� `N�?4�
DETAIL "B"
N.T.S.
4' 42 g1 moo° 8
0 a\ 0S �.
° -0 2 - - - - - - - - - - - 88 00 51 /
0_
89 -�- _ S®MERS BEND °38'3 - pp�°2g
= '12 p cA�
N09 20'25"E (R) I - - - -�
37.00' 37.00' L=890.721
�=05°08' 0=29° 35' 07" R=1725. 00 %
�I :=05 889 \ 0=16° 57' 16" L=510. 45' N12 45 3� �° AREA: 1.12 ACRES �- N04 ° o Sa 17
2 ^wl 60' ACCESS - 1 1_46 "E iR) 125 ' (�
L=32?_38� NI OPENING SEE DETAIL "B" rn; 15
0=23° 05' 20" R=800. 00' z
_ �44.55 N� THIS SHEET ��8 2g
1 4 0=17° 30' 52 ° 2 °
\ �50.65 -P (f
rnl rn / 2 p .p3, 16 N"
2 6 3 zl AREA: 2.25 ACRES °
00 _
3 3 5 5 4 SEE DETAIL "A" 14 N�° 1, 10
�I 5 THIS SHEET
SEE DETAIL
322. 38 (P
RIGHT �' ' N86 ° 40 ' 39 " W / p0'
Ln o o I ���i _ 163.83 ' ° >, R=800 • 244
Ln o I �// 6 0=23 05 20 Q 17° 30' S2" 29
o I N I o
��/ 1 / °
z 1 CDl/ 6'I p 6
DETAIL "A" u� 1 W� �o� AREA: 2.48 ACRES 1� \A/19 0,
N.T.S. N N 00 28
L0 AREA: 2.19 ACRES rn ro o' o 4' �4p .°�, -53 E
DATA TABLE THIS SHEET ONLY
@0
BEARING/DELTA
RADIUS
LENGTH
1 05°34'28"
800.00'
77.83'
2 NO2°15'07"W
(R)
12.00'
3 69'05'59"
3.00'
3.62'
4 N23°09'08"W
--
4.40'
5 69°36'10"
3.00'
3.64'
6 N87°07'59"E
--
3.46'
7 NO3°16'28"E
--
60.55'
8 N86°40'39"W
--
39.79'
9 NO3°19'21"E
--
23.31'
10 69°26'39"
3.00'
3.64'
11 N00°47'22"E
--
4.39'
12 69°26'39"
3.00'
3.64'
13 N19°45'59"W
(R)
12.00'
14 N70°14'01"E
--
76.36'
15 N19°45'59"W
--
22.38'
16 NO2°42'09"E
--
58.54'
17 N19°45'59"W
--
20.00'
18 N82°57'16"E
(R)
26.42'
19 79°37'55"
29.00'
40.31'
20 10°22'05"
29.00'
5.25'
21 N81°39'12"W
--
82.96'
22 90°00'00"
29.00'
45.55'
23 N41°08'59"W
(R)
34.52'
24 N86°40'39"W
--
47.25'
25 90°00'00"
29.00'
45.55'
26 64°09'17"
80.00'
89.58'
27 11°34'46"
500.00'
101.05'
28 03'23'32"
500.00'
29.60'
29 N79°03'24"E
--
8.55'
30 N55°25'37"E
--
3.61'
31 (N39°51'24"E
--
61.66' R4)
32 [01°29'48"
1460.50'
38.15'1
`n ff) - 240 - ° 2S 9
o z
° �4 UD
N z Nip �;�
CY) 007 N80 ° p7 ' S6„ E 14 26 L
8 182.B9
AREA: 1.40 ACRES 30
9 58.16'
00 3100
22 N86 ° 4O' 39 "W 24 �N\p °
�' 3 368.47 ' ,n �,
°2. 2
-, >
0 AREA: 4.00 ACRES o 6^^� A-44 ° 28 ' 20 " 170 23 \
w AREA: 1.69 ACRES ^�' w .0
SEE DETAIL "Z" cv �h N o L=22.51 ' N86°4O'39"W
83.25' 185.04 --
RIGHT N86°40'39"W /
N86°40'39"W 18 20 - ° 00 z 0=39°05'29" 7.63'
o
169.48' 25 z o R=5.00' /
N86°40'39"W 617 63' / 0=45°31'40" N35°46'08"W (R)/ DETAIL Z 19 22 , n - - N.T.S.
�24 L=23.04 ,n
o Ln 570.38 ' 23
co I N86°4O'39"W o
w SEE DETAIL "X" o °' 185.04'
SHEET 5 fl-11 �,=44°28'20" �' 12 \ }
N 0')0000 Li .o
L=2251 ' �n N86°50'55"W
I AREA: .80 ACRES _ -
N o "�r7 / R=29.00' ° 194.65'
/ o , 4 - Ln o o 00-- 0 N01 29_18"E (R) w
\ 'zto LO
-
©� z AREA: 2.56 ACRES 12 z 13 =01 ° 27' 02" \ �
l z z AREA: 1.07 ACRES R-2102.28 \ � o 0
��--------- 183.65i co SEE DETAIL Y ° L=53.22'
N87 33 40 W \ z
l RIGHT 272.08'
r- - - - - - - - - - - 46.73' N86°40'39"W 625.15' - - - _ _ _ _ 808.79' 21 N86°50'55"W --
_ - - - - ° AREA: 1.19 ACRES 0 194.65 712.35 '
339. 15 - - -N87 32 38 ' W- 425. 1 1 ' ° 44.85 ' o ��� [ N86 ° 23 ' 30 " W - - 32
---------�_ --___-------- -- =--N87 33'40'W 272.08' -- -- �� 1051.50'] NO2°06'42'E (R)/ 80 40 0 80 160 240 - - - - - - - - - - - [N86 23 30'W 1051.50' 712.35' - - - - - - ]-------------------------- _ / DETAIL „Y„
SCALE: 1 "=80'A 32 7 N.T.S.
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
TRACT MAP NO 0 38018
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1111 AS PER INSTRUMENT NO. 2022-0008833 RECORDED JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
INTERNATIONAL
/ ' —�
/ L=593 0 8 n60. 00' — — —
DETAIL "0"
N.T.S.
SHEET 5 OF 10 SHEETS
NOTES:
SEE SHEET NO. 2 FOR SURVEYOR'S NOTES, MONUMENT NOTES,
REFERENCE NOTES, AND BASIS OF BEARINGS.
SEE SHEET 6 FOR EASEMENT NOTES.
N20014'42"W
24.16'
Z
421
DATA TABLE THIS SHEET ONLY
@0
BEARING/DELTA
RADIUS
LENGTH
1 N19°45'59"W
--
20.00'
2 90°00'00"
29.00'
45.55'
3 N70°14'01"E
--
87.77'
4 N88°56'57"E
(R)
26.39'
5 88°59'48"
29.00'
45.05'
6 18°42'56"
29.00'
9.47'
7 70°16'52"
29.00'
35.57'
8 09°49'35"
500.00'
85.75'
9 N79°03'24"E
--
60.67'
10 08*1111411
500.00'
71.45'
11 N55°25'37"E
--
33.73'
o B
— — — — — — N86°23'30"W 179.42' — — —
N86°23'30"W 183.59' —
DETAIL 9Y"
N.T.S.
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SHEET 6 OF 10 SHEETS I NOTES:
1 N8°4O'39"W 12 _ TRACT MAP NO 38018 SEE SHEET NO. 2 FOR SURVEYOR'S
15.91' �r NOTES, MONUMENT NOTES, REFERENCE
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1 1 1 1 AS PER INSTRUMENT NO. 2022-0008833 RECORDED NOTES, AND BASIS OF BEARINGS. 21 1 35 34 `� JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF _ I TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, !� 1 0 �t_ N P 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN. cv� I 1"rnBaker
1 M � I1 � PROPOSED EASEMENT NOTES:
n I I z INTERNATIONAL EASEMENT FOR EMERGENCY AND SERVICE z i I 1 VEHICLE ACCESS, AND PUBLIC UTILITIES
�1 II 1 PURPOSES DEDICATED HEREON, ALSO EASEMENT
II 1 FOR ACCESS PURPOSES RETAINED BY OWNER.
DETAIL " C " A EASEMENT FOR EMERGENCY AND SERVICE
VEHICLE ACCESS, AND PUBLIC UTILITIES
N.T.S. ,iVS�° PURPOSES DEDICATED HEREON, ALSO EASEMENT
FOR ACCESS PURPOSES RETAINED BY OWNER.
- =F SO MERS BEND
A EASEMENT FOR PUBLIC UTILITIES
DEDICATED HEREON.
> I N0-6-- 12 (R) R=35' _ 4 EASEMENT FOR PRIVATE ACCESS 0=00°04'34" �NO3°11'12oE (R) R=1725' RETAINED HEREON.
R=1725.00' // 0=01059'48 I o=00 03 12
R=1725.00' I R=1725.00' A EASEMENT FOR PRIVATE STORM DRAIN, AND L=60.11' L=1.61' STORM DRAIN ACCESS TO BE RETAINED HEREON. 1 �
2 1 / L 6 EASEMENT FOR PRIVATE SEWER, AND
5i 10 ' SEWER ACCESS TO BE RETAINED HEREON.
�o0 jl EXISTING EASEMENT NOTES
4 3 z I ~
7 EASEMENTAN VPUBLIC
UTILITY
NCO Iao 10 I PURPOSESIN FAVOR OF EASTERN
��
2 120 MUNICIPAL WATER DISTRICT
'5 3 N o -, I--- RECORDED NOVEMBER 14, 2013 AS I I- IN NI DOCUMENT NO. 2013-0539683, O.R. _ _ _ (' 1 (0 AN EASEMENT FOR DRAINAGE PURPOSES
N86°40'39"W 115.91' I 44' I IN IC°
1 6 N86°40'39 12 01 �
"W 115.9112 I DEDICATED ON TRACT MAP NO. 37368 IN
�1�w !� 1 wI I� I� I BOOK 468, PAGES 89 THROUGH 98 OF MAPS. - NI I2 ►
5 I I 3 21 I ► 1= w I ! `� © AN EASEMENT FOR UNDERGROUND
ELECTRICAL SUPPLY SYSTEMS AND
3 \ o I IN IN NI COMMUNICATION SYSTEMS AND INCIDENTAL
\ 35 w ICD I z o I I - PURPOSES, IN FAVOR OF SOCAL ED I SON 4 = I ^� zl Imo, to onI RECORDED DECEMBER 4, 2019 AS
N-1- �I I Iz Iz zl INSTRUMENT NO. 2019-0499070 OF
0r? I_ I I I OFFICIAL RECORDS.
SEE DETAIL "C" I ►� !�I I
THIS SHEET owl I� �tI I I 8 N86°40'39"W 1 I 40 41 4 ° " 3 10 z I 1 Ni \ - - 64_47 ' - T I 12 � 36 3 _ / N00 25 2 (W (R ) 20 _ 59.47'5. O 12 --- __ __�__=�1
22 I z1Q 9 N86°40'39"W o=08 16 07 L=113. -
I - 124.83 - - - - - -
21 ° 0=23 05' 20 ' R=788. 00'
14 N 1 NO2 41 ' 57 'E R L=317. 55'
20 15 9 - - - - N86 ° 40 ' 39 " W 134.83 ' 1 7 L=327. 22 - 1 23 / ------ -r-- 0=23°05'20"R=812.00'__--
_3 _ 10.00' 0=08° 25' 57"L=1 19. 51
�Q� 24 N86°40'39"W 134.83' - - - - - - - _ -
w I 1 I I 10 - 11 /I Li 44
0-)I ICI 1 NO3 ° 19 ' 21 "E 3 ��1/ lo"o CDI Lv
co / ; 00 2 I `�1 2 58. 49 ' �lot 1j I Lv
�Q z00
I 3 „E �Ri ° ��� 0� I, 24 °n (�
N86°40'39"W / 1 N2,°3g 18 ���i z� ►' 2 ---- 134.66' I\ � 12 `n 6 � - 9 10 0l - - - N86°40'39"W- 138.67 w 1 5 Ljj
DATA TABLE THIS SHEET ONLY
@0
BEARING/DELTA
RADIUS
LENGTH
1 40°30'35"
35.00'
24.75'
2 38°47'05"
35.00'
23.69'
3 NO3°19'21"E
--
18.00'
4 N86o40'39"W
--
12.00'
5 N86°4O'39"W
--
3.33'
6 NO3o19'21"E
--
24.00'
7 N86°4O'39"W
--
24.00'
8 90°00'07"
7.00'
11.00'
9 90°00'00"
17.00'
26.70'
10 90°00'00"
7.00'
11.00'
11 00°36'56"
822.00'
8.83'
12 90°00'00"
5.00'
7.85'
13 85°59'37"
17.00'
25.51'
14 56°56'40"
10.00,
9.94'
15 58°40'26"
12.01'
12.30'
16 N86°4O'39"W
--
15.01'
17 NO3o19'21"E
--
11.97'
18 N86o40'39"W
--
10.00'
19 90°00'00"
41.00'
64.40'
20 N86°40'39"W
--
11.44'
21 NO3o19'21"E
--
10.00'
22 NO3o19'21"E
--
1.30'
23 56°56'39"
20.00'
19.88'
24 56°56'39"
2.00'
1.99,
25 N86°4O'39"W
--
5.19'
26 NO3o19'21"E
--
21.03'
27 06°45'28"
51.00'
6.02'
28 N86°4O'39"W
--
10.35'
29 N86°4O'39"W
--
12.58'
30 71°42'52"
51.00'
63.83'
31 N86°4O'39"W
--
13.88'
32 88°23'54"
17.00'
26.23'
33 90*01,11"
5.00'
7.86'
34 NO3o19'21"E
--
2.03'
35 N86°4O'39"W
--
9.99'
36 N86°4O'39"W
--
36.36'
37 02°11'10"
778.00'
29.68'
38 N86°4O'39"W
--
45.63'
39 N86°4O'39"W
--
24.51'
40 N00°00'O0"E
(R)
11.89'
41 N90°00'OO"E
--
21.18'
42 N00°00'00"E
--
12.02'
43 03°40'05"
778.00'
49.81'
44 09°32'09"
822.00'
136.81'
45 N41°40'39"W
--
8.55'
46 88°23'55"
41.00'
63.26'
47 N48°19'21"E
--
19.31'
328
61°40'40"
17.00'
18.30'
329
65°41'03"
17.00'
19.49'
331
64°09'59"
17.00'
19.04'
332
00°37'24"
812.00'
8.83'
333
65°41'04"
17.00'
19.49'
0 N 2 .1 9 I
---N8NO3°9 � A 12 19'_21"E°640'39"�24.65'W 134.66 _ �, 1 z / �- - - N86°40'39"W 138.67' - I o \\
"'J/ ��I I s9 w z I o01
2 I 1311 110/� �\S, NNI I �CDI
N/ I 0o I Io �� , �I
z/ 21 j 3 z 1 I 11 I
law II w2526 o1 I1w N86°40'39"W ;° N_ N ,LO,II
N�I 125 .;
21 -m (m II 1I
I N86 ° 40' 39 "W a' rn Ln 201
25 I I o o I w 24.00 ' o � 1 I 1
zz 0 _ - z � A I
310' I 24' I Iz N - "'I I01
_ I
NO3°19'21"E 1 2 1 1 2 ,� �R% CY) I t ° 1 a'
I N
52.54 001 I _
_N2_0°59=35"W (R) I 1 I 2�°%��a z�1 I zI L
- - - N86°40'39"W 134.83 _ I / \ 1 i I 1 °
16 - to I--- N86°40'39"W 138.67' 12 I i� I I I J a
L
I N 2 9 10 00l 9 --- I 45 I
N86 ° 40 ' 39 ' W - - 'n _ N
4.; w 1 \I N °N86°4O'39"W 138.67'
\20 Sg 35"W 12 lo'
`" 2 I 1 I N o, �R) I w I; ��i
13 n �/ /
/ 10'z�l I� �II-o �° 24' INN Iz �� �
`° 1 I �z 17 18 `27 g � oo I� per/ / w 1 2
1 28 27 I I 1101 16 17CD �2� I�0 I �C� 18 NI ��I I/N04°55'27" - J - 21
29 I CD
L-J N
5 \ V
\ o o/
z/
SEE DETAIL "D" \ _
THIS SHEET
11 - _ 1R)
N86°40'39"W \� 0 17 17 01 o"t1 //
\ - ---___ 117.14\� / 38 39 1- 0 rn � I I
� 9 \ --- --- 2 13 9 - � -- � zl z I
\\ \�19 227.85 --- ----- _ 3 3
N86 40 39'W 617 63' S6.81 105.24 ~
7.52' N86 40'39'W 653.63 -� Lli \� 3// I00-
30 3 108.00 _i Lv _ - - I n n
- 32 9 2 33.95 108.05 ', = 1 C°
5'
40'39"0. - �II 5.00'V) Z� D Ij Ln128.49 33 _ \N62 22 28•� N861°40'39 W bi
Z
1 �R) 3 11 Lv
- I 24 ' I 1 I o o cry I
I � �-1 0 � I �
02 1�
I� I.Pj - z DETAIL "D"
1 4 I� NI CD1 N.T.S.
wl Iw l0 1 r
cy)I Imo,
I�
z1 �0 1z
I zN 1
40 20 0 40 80 120
SCALE: 1"=40'
13 DATA TABLE
�0
BEARING/DELTA
RADIUS
LENGTH
43 03°40'05"
778.00'
49.81'
44 09'32'09"
822.00'
136.81'
45 N04'31'48"W
--
11.50'
46 N85°28'12"E
--
10.00'
47 N04°31'48"W
--
11.51'
48 00°29'17"
778.00'
6.63'
49 N85'21'10"E
--
24.00'
50 92'59'39"
4.99'
8.10'
51 02°29'21"
788.00'
34.23'
52 00°31'40"
778.00'
7.17'
53 N07°08'44"W
--
11.53'
54 N82'51'16"E
--
10.00'
55 N07°08'44"W
--
11.39'
56 06°43'33"
778.00'
91.33'
57 N15°27'35"W
--
11.99'
58 N74°32'25"E
--
10.00'
59 03'07'16"
778.00'
42.38'
60 85'31'15"
5.00'
7.46'
61 N75°56'42"E
--
24.00'
62 95°42'41"
5.00'
8.35'
63 01°13'56"
788.00'
16.95'
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SHEET 7 OF 10 SHEETS NOTES:
TRACT MAP NO SEE SHEET NO. 2 FOR SURVEYOR'S NOTES, MONUMENT NOTES, o 38018 REFERENCE NOTES, AND BASIS OF BEARINGS.
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1 1 1 1 AS PER INSTRUMENT NO. 2022-0008833 SEE SHEET 6 FOR EASEMENT NOTES.
RECORDED JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, 78 n24' I� �I �� TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN. �R�, \ 91 75 2 I � N07°05'04"W R
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DETAIL „F„
�-� N.T.S.
N18 32 P03c
DATA TABLE CONT'D
�0
BEARING/DELTA
RADIUS
LENGTH
64 N70'14'01"E
--
17.31'
65 N70'14'01"E
--
7.52'
66 N17°47'09"W
--
7.14'
67 N72°12'51"E
--
10.00'
68 N17°47'09"W
--
6.79'
69 N19'45'59"W
--
11.97'
70 N70'14'01"E
--
10.00'
71 90°00'00"
5.00'
7.85'
72 N19°45'59"W
--
46.62'
73 N70°14'01"E
--
20.17'
74 N19°45'59"W
--
16.00'
75 N70°14'01"E
--
16.00'
76 90°00'00"
2.00'
3.14'
77 N19°45'59"W
--
27.42'
78 N70°14'01"E
--
34.33'
79 N70°14'01"E
--
51.50'
80 N19'45'59"W
--
6.97'
81 N70°14'01"E
--
23.17'
82 N19°45'59"W
--
14.00'
83 N70°14'01"E
--
20.00'
84 90'28'43"
7.00'
11.05'
85 90'28'43"
17.00'
26.85'
86 41°04'56"
35.00'
25.10'
87 89'31'17"
17.00'
26.56'
88 89'31'17"
7.00 10.94'
89 N19'45'59"W
--
27.54'
90 N19'45'59"W
--
7.34'
91 N19°45'59"W
--
27.25'
92 N19°45'59"W
--
16.29'
93 87°33'34"
17.00'
25.98'
94 88'25'51"
17.00'
26.24'
95 N80°07'56"E
--
24.00'
CD
\ \
98 \
a \ ' 70 \
\ 105
103 104
40 20 0 40 80 120
SCALE: 1"=40'
DATA TABLE CONT'D
BEARING/DELTA
RADIUS
LENGTH
96 N70°14'01"E
--
20.97'
97 90'00'00"
17.00'
26.70'
98 N70'14'01"E
--
24.00'
99 N19'45'59"W
--
12.83'
100
N70°14'01"E
--
28.33'
101
N19°45'59"W
--
12.03'
102
N70°14'01"E
--
49.73'
103
N70'14'01"E
--
12.13'
104
N19'45'59"W
--
17.53'
105
N19°53'59"W
--
17.53'
106
89°42'11"
5.00'
7.83'
329
65°41'03"
17.00'
19.49'
330
65°08'52"
17.00'
19.33,
333
65°41'04"
17.00'
19.49'
DATA TABLE
BEARING/DELTA
RADIUS
LENGTH
71 90°00'00"
5.00'
7.85'
102
N70°14'01"E
--
49.73'
107
N19°45'59"W
--
5.50'
108
N70°14'01"E
--
8.00'
109
N19°45'59"W
--
6.00'
110
N19°45'59"W
--
12.00'
111
N70°14'01"E
--
10.00'
112
N70°14'01"E
--
10.55'
113
16°22'36"
51.00'
14.58'
114
90°00'00"
41.00'
64.40'
115
90°00'00"
17.00'
26.70'
116
N70°14'01"E
--
49.86'
117
N19°45'59"W
--
12.14'
118
N70°14'01"E
--
38.42'
119
N19°45'59"W
--
12.18'
120
N19°45'59"W
--
46.62'
122
N70°14'01"E
--
20.17'
123
N19°45'59"W
--
17.18 124
N70°14'01"E
--
16.00'
125
90°00'00"
2 00'
3 14'
Ld
Ld
V)
D \�
182
183 \ \�
184 \ \�
10 (9°c\
DETAIL "H" o_ \\
N.T.S.
e-�\
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. NOTES: SHEET 8 OF 10 SHEETS SEE SHEET NO. 2 FOR SURVEYOR'S NOTES, MONUMENT NOTES,
38018REFERENCE NOTES, AND BASIS OF BEARINGS.
TRACT MAP NO o SEE SHEET 6 FOR EASEMENT NOTES.
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1111 AS PER INSTRUMENT NO. 2022-0008833 RECORDED JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
N.
SE'E DETAIL
THIS SHEET
% ' 124
' ' \\126
\
2 --
\
INTERNATIONAL
142 \
140 143
» G » / / \ 145/
146
139 \ 123 v144
138 Oi
I125 �
137 ' 158
138 134 134 148
/
151
1v' --110 v 153 � / 156
\
/ 2/ / 124 \ 125 122 111 \ \_1 --) 154 \\ 71 / 160
\ 126 123 / 71 3 110 /
\ \ \ \\ '155 16
124 126 \ ' \ 3 122 71 \120120 \ (322 // �/ 114 71 ��/
125 / 71 \N� / b QO/ /' $� 115 \ 168 167 \
\ 125 122 108 109 O 14' 01 \ 71 N ��,\ /
/ \ 71 109 N� 52 4� �� j / / \ \ 166
123 '
I\ \ \ 169
122 71 120 / / 25 , / / I \ 170
\ 120 \ I 0 14 52 \\
71 \Npp� �-- 5 0 �' O �" 1/ / p�' / 71 \\ 3 \ \ 2 �\ N 171 N A 5 • \ 71 � - 6� 1
109 ° �' o� \ 71 / / �0 1' �' SEE °CA\ \ �\
109 108 N� �� �-� / / / / 4g 0� / 102 \\ \\ D ETA I L �,�'�\ \ Z 26,\ cp \ 172 \ 157 \
/118 119 \ Z\ THIS \\ \\(5` cS�\ c 5 173 156
pp // 119 111 \� �� SHEET 185 \� � \ •0\0
GD . 117 \(9 Q\ 0
O\
o
116 -
' 71 \ O O, 117 111 \ ti`\ 186 \ / 175 2
71 \ 3 ��\�. �z vuu 185 \ \ � � \ 174 177178
/
108 107
107
\ 3 \
71 \ 179 111 \ c�0 \�� 2 \ 3 \71
195 \ 196 S�
193 194
�o
\i9° cs
\C) \�
3 \
CD 3,
w
J \
U \
N
2� \
61 a
40 20 0 40 80 120
SCALE: 1"=40'
DATA TABLE
�0
BEARING/DELTA
RADIUS
LENGTH
126
N19°45'59"W
--
27.54'
127
N70°14'01"E
--
34.33'
129
85°03'21"
17.00'
25.23'
130
94°57'18"
3.00'
4.97'
131
N70o14'01"E
--
14.90'
132
N19°42'04"W
--
12.00'
133
N70°14'01"E
--
14.94'
134
90°00'00"
3.00'
4.71'
135
N19°45'59"W
--
7.99'
136
N19°42'04"W
--
16.25'
137
N70°14'01"E
--
7.12'
138
82°17'53"
2.00'
2.87'
139
N70o14'01"E
--
19.37'
140
N70o14'01"E
--
16.25'
1\ 112
10 -� \ \
/ 129 A/0-� °--.z31 '
2 i�
DATA TABLE
�0
BEARING/DELTA
RADIUS
LENGTH
141
180oOO'OO"
2.25'
7.07'
142
N70°11'47"E
--
16.25'
143
N19°45'59"W
--
16.01'
144
90°06'51"
2.00'
3.15'
145
N70°07'10"E
--
27.46'
146
N19°36'08"W
--
16.25'
147
N70o14'01"E
--
53.95'
148
N19°45'59"W
--
4.45'
149
91°47'29"
2.95'
4.73'
150
N70°14'01"E
--
18.30'
151
N19°45'59"W
--
16.25'
152
N70o14'01"E
--
18.00'
153
95°19'03"
3.02'
5.02'
154
N19°45'59"W
--
24.82'
146 \
/
/
/
/
/
/
/
E
DETAIL "G"
N.T.S.
DATA TABLE
0 BEARING/DELTA
RADIUS
LENGTH
155
N70°14'01"E
--
44.27'
156
89°56'05"
5.00'
7.85'
157
N19'42'04"W
--
20.17'
158
N70°17'56"E
--
16.25'
159
N19°42'04"W
--
17.18'
160
90°03'55"
3.00'
4.72'
161
N70'14'01"E
--
15.00'
162
N19'45'59"W
--
30.00'
163
90oO3'56"
3.00'
4.72'
164
N19°49'55"W
--
17.18'
165
N70°10'05"E
--
16.25'
166
N19'49'55"W
--
20.24'
167
89°56'04"
5.00'
7.85'
168
10°54'05"
51.00'
9.70'
169
N19°45'59"W
--
42.79'
170
N70°47'00"E
--
6.04'
171
N19'13'00"W
--
8.00'
172
N70'47'00"E
--
5.96'
173
N19°45'59"W
--
52.47'
174
89°57'15"
5.00'
7.85'
175
N70°14'01"E
--
44.43'
176
N19'42'20"W
--
17.17'
177
N70'14'01"E
--
44.43'
178
89°57'16"
5.00'
7.85'
179
N19°45'59"W
--
12.03'
180
N70°14'01"E
--
60.55'
181
31°22'28"
7.00'
3.83'
182
N70'06'01"E
--
3.17'
183
N19°57'47"W
--
9.96'
184
N70°14'01"E
--
6.50'
185
N70°14'01"E
--
5.25'
186
N19'45'59"W
--
10.00'
187
N70°14'01"E
--
24.00'
188
N70°14'01"E
--
12.04'
189
N20°46'11"W
--
17.61'
190
N69'13'49"E
--
10.00'
191
N20'54'11"W
--
17.44'
192
N20'46'11"W
--
17.61'
193
N70°14'01"E
--
12.09'
194
N19°38'00"W
--
17.54'
195
N70'22'00"E
--
10.00'
196
N19'45'59"W
--
17.56'
197
87°44'58"
5.00'
7.66'
DATA TABLE
BEARING/DELTA
RADIUS
LENGTH
71 90°00'00"
5.00'
7.85'
198
88°59'48"
17.00'
26.41'
199
88°59'48"
41.00'
63.68'
200
65°37'36"
51.00'
58.42'
201
49°03'48"
41.00'
35.11'
202
50°04'00"
17.00'
14.86'
203
N20'46'11"W
--
40.40'
204
90°00'00"
2.00'
3.14'
205
N69°13'49"E
--
19.17'
206
N20°46'11"W
--
16.12'
207
N69'13'49"E
--
16.25'
208
N20'46'11"W
--
15.87'
209
180°00'00"
2.25'
7.07'
210
N69°13'49"E
--
27.42'
211
N20°46'11"W
--
34.08'
212
92°53'34"
1.95'
3.16'
213
N69'13'49"E
--
19.17'
214
N20°46'11"W
--
36.58'
215
N68°55'55"E
--
24.00'
216
90°00'00"
17.00'
26.70'
217
N20'46'11"W
--
34.63'
218
N69'13'49"E
--
20.17'
219
N20°46'11"W
--
16.00'
220
N69°13'49"E
--
16.00'
221
N20°46'11"W
--
27.54'
222
N69'13'50"E
--
34.33'
223
N20'46'11"W
--
34.62'
224
87°54'25"
17.00'
26.08'
225
N18°40'36"W
--
34.04'
226
N71°19'24"E
--
20.17'
227
N18'40'36"W
--
14 �R>
W
04 261 2E
266
1-1
267
'
271
1 238 \ - -
i
331 2
252
020
Ir 251
I�
ICI 250
W
-
�Iw I
249
�I N I
W
V)
zIz
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
TRACT MAP NO 0
38018
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1111 AS PER INSTRUMENT NO. 2022-0008833 RECORDED JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
INTERNATIONAL
SHEET 9 OF 10 SHEETS
NOTES:
SEE SHEET NO. 2 FOR SURVEYOR'S NOTES,
Q MONUMENT NOTES, REFERENCE NOTES, AND BASIS OF
�EARINGS.
\ \EE SHEET 6 FOR EASEMENT NOTES.
� \
\ \�` 0 \
o
cp
\
10 3 257
259 \/ 255
256 /
258 257
SEE DETAIL
THIS SHEET
---I SEE DETAIL J
/THIS SHEET
I I
199 / �'200 \
258 ° 1-5 q' ' ' ' 329 329 1 I 203
257 N6g
259 �' /��' 1 216216 N6g, \ 2
329 1 \�
5' egg, l 223 217 71 218329
g" 5� . ° 13 3 71 \ 219
3 -> g �3 g6 216 69 / \ �\
p 216 N I-V 218 \
258 257 / 204 O
329� i' \N86\�, °HIV`/ 204 \� c
259 N6g �g 8 \ 7� / \ 2 \ 22(
223\IV/219
258 3' 329 ;5 p / \ 223 \ 71 218 �(R) _/ \ 221 221 \
257 N6g° 10 0� i'' '' b' .00 1Qg Ag �/ 71 \ 219 220 \
3 259 216 216 ' N6g 1 3 / 218 204 \ ' 222
o
' 329 204
220
217\ \ �� IV�/ 219 \ \
N6g 2 0 �l 217 71 218 �R� = 221 \
329 i 'g O \ \ / \ 221
°ry/ ° ��„w �� /�� /��� 00� / -- o �g"E 71 \ 219 220 \
5 °1
261 260 N�3 ��� �%' / �' 216 216 \ N N6g 3 ��// 218 204 \ ' 222 =<262 / ��`'
263� 329 \ \ 86 2 �// ' 204
-� °
-�g•�%a 217\ 71 \\g�� �/219 \ 2 221\ 220 9
- -264 - - �O / -j� "E \217 \ 218 �rl�J =/ \
- 269 234 \ �0 - A / 71 \ 219 220 \ 221
232 224 ' ' N6g 1 3 cV / 218 \ \
270 1 236 SEE DETAIL / 204
204
/ 237 _ - 30 86 239 233
0 "K" RIGHT %/ 2 220
6 / - 329 O � \\ 231 225\\ 71 226 219 \ � 221\\
240 \ \ ^^� `
\ SEE DETAIL
I \ "W" BELOW 22s 71
°
242
243
227 \
DATA TABLE
BEARING/DELTA
RADIUS
LENGTH
228
N71°19'24"E
--
16.13'
229
N18'40'36"W
--
27.54'
230
N71°19'24"E
--
34.08'
231
N18°40'36"W
--
33.89'
232
87°48'38"
17.00'
26.05'
233
00'19'42"
522.00'
2.99'
234
04°13'10"
512.00'
37.71'
236
05°32'38"
512.00'
49.54'
237
N79°03'24"E
--
58.67'
238
11°34'46"
488.00'
98.62'
239
07°01'37"
522.00'
64.02'
240
N79'03'24"E
--
48.35'
241
N10°56'36"W
--
32.29'
242
97°57'54"
5.88'
10.06'
243
N79°03'24"E
--
22.16'
244
N10'56'36"W
--
16.00'
245
N79'03'24"E
--
16.13'
246
N10°56'36"W
--
27.50'
247
N79°03'24"E
--
34.08'
248
N11°20'51"W
--
27.63'
249
N78'39'09"E
--
15.92'
250
N10'56'36"W
--
36.75'
251
N79°03'24"E
--
15.67'
252
N10°56'36"W
--
15.81'
253
93'51'25"
17.00'
27.85'
254
07°08'24"
478.00'
59.57'
255
88°59'48"
7.00'
10.87'
256
N69°13'49"E
--
4.53'
257
N20°46'11"W
--
11.47'
258
N69'13'49"E
--
10.00'
DATA TABLE
�0
BEARING/DELTA
RADIUS
LENGTH
259
N20°54'11"W
--
11.47'
260
N12°58'37"W
--
11.44'
261
N77°01'23"E
--
10.00'
262
N13°06'36"W
--
11.45'
263
01°29'27"
478.00'
12.44'
264
N79°03'24"E
--
58.51'
265
N12°58'37"W
--
10.77'
266
N13°06'36"W
--
10.48'
267
10°43'18"
522.00'
97.68'
268
09°35'35"
478.00'
80.03'
269
09°49'35"
488.00'
83.69'
270
N79°03'24"E
--
60.67'
271
11°34'46"
512.00'
103.47'
329
65°41'03"
17.00'
19.49'
331
66°37'23"
17.00'
19.77'
337
07°43'21"
488.00'
65.77'
0 L A \ �tJ
229 \ ��
\ 229
238 _ 2�82 30.8
230 _
_ _
582-5 216 /329
/ 331 253
337 2 240
r�
' W R%
I
252 I\� 2411
204
251
DETAIL "W„ --
N.T.S. i cA� I
5g 3a'
o
N6g 1� ' 3g Og ADETAIL
"K" °
N . T . S .
N0i °�S
�- - 232 ZL �\ 233
236 \
g5'01„ 2A' N86025'20"W (R) R_17'
p 65 �' I \\ 20 26 ' 29 "W (R) R=522 '
;1g 5 �'
\ \
Nog° 15
Z
do
�'�\
Cp �\
10 -\
258
DETAIL
N.T.S.
N6gg3 36
II
DETAIL "J"
N.T.S.
DATA TABLE
�0
BEARING/DELTA
RADIUS
LENGTH
39 N86°40'39"W
--
24.51'
71 90°00'00"
5.00'
7.85'
238
11°34'46"
488.00'
98.62'
267
10°43'18"
522.00'
97.68'
268
09°35'35"
478.00'
80.03'
271
11°3414611
512.00'
103.47'
272
64°09'17"
68.00'
76.14'
273
64°09'17"
58.00'
64.94'
274
64°09'17"
92.00'
103.01'
275
64°09'17"
102.00'
114.21'
276
NO3°19'21"E
--
3.69'
277
N86°52'26"W
--
7.95'
278
NO3°11'21"E
--
13.98'
279
84°49'37"
17.00'
25.17'
280
95°10'23"
3.00'
4.98'
281
NO3°19'21"E
--
14.94'
282
N86°40'39"W
--
9.00'
283
NO3°19'21"E
--
15.00'
284
90°00'00"
3.00'
4.71'
285
NO3°19'21"E
--
24.00'
286
90°00'00"
17.00'
26.70'
287
N86°40'39"W
--
4.10'
288
N86°40'39"W
--
3.00'
289
77°07'27"
15.00'
20.19'
290
N86°48'39"W
--
8.93'
291
NO3°07'34"E
--
9.96'
292
N86°40'39"W
--
8.51'
293
NO3°19'21"E
--
9.02'
294
90°00'00"
7.00'
11.00'
295
N86°40'39"W
--
24.00'
296
90°33'28"
16.92'
26.74'
297
NO3°19'21"E
--
11.97'
298
N86°40'39"W
--
10.00'
299
N86°40'39"W
--
25.23'
300
N86°40'39"W
--
45.60'
301
N86°40'39"W
--
20.75'
302
N86°40'39"W
--
45.63'
303
N86°40'39"W
--
46.08'
304
N71°47'59"E
--
33.26'
305
18'08'30"
20.00'
6.33'
306
90°00'52"
22.00'
34.56'
307
88°39'09"
30.00'
46.42'
308
NO3°15'39"E
--
4.43'
309
N88°34'46"E
--
61.72'
310
88°39'09"
25.00'
38.68'
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
TRACT MAP NO 0
38018
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1111 AS PER INSTRUMENT NO. 2022-0008833 RECORDED JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
INTERNATIONAL
DATA TABLE
�0
BEARING/DELTA
RADIUS
LENGTH
311
90°00'52"
27.00'
42.42'
312
18°08'30"
15.00'
4.75'
313
N71°47'59"E
--
20.77'
314
N40°56'17"W
--
69.08'
315
NO3°15'39"E
--
32.24'
316
N86°42'54"W
--
20.00'
317
NO3°15'39"E
--
40.37'
318
N40°56'17"W
--
40.84'
319
N49°03'43"E
--
18.55'
320
39°05'29"
5.00'
3.41'
321
N86°40'39"W
--
49.59'
322
NO3°19'21"E
--
22.00'
323
N88°26'10"W
--
9.35'
324
NO3°09'05"E
--
20.01'
325
N88°26'10W
--
10.71'
326
N84°50'10"W
--
5.81'
327
53°42'18"
3.00'
2.81'
329
65°41'03"
17.00'
19.49'
333
65°41'04"
17.00'
19.49'
334
N86°23'30"W
--
13.46'
335
66°08'36"
16.92'
19.53'
336
66°15'35"
17.00'
19.66'
- - N35°46'08"W (R) i
A321 320/
321 /
\ 150. 74 '
\ \ N86°40'39"W \
\ 314
\ Q, \ \ 318
\\ A \ O
12 `
Ln \ \
308 \
\ 4.43'
/ - - - -
-j - - -
309 I
I 20' 1
/ 01 A 1 317
I 1
I I
DETAIL "N" I
N.T.S.
L0
Lv
bi
bi
W
27�
42 „�
298 ^ A
128.54 W�:f
N8
6 ° 40'39"W /
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71_00 ' -�
48_06'. (R)
DETAIL N99
N.T.S.
3 SHEET 10 OF 10 SHEETS
NOTES:
SEE SHEET N0. 2 FOR SURVEYOR'S NOTES,
MONUMENT NOTES, REFERENCE NOTES, AND BASIS OF
BEARINGS.
SEE SHEET 6 FOR EASEMENT NOTES.
238
UA
Eell
w
�� 272 3 273
z I l 277 282 275
276 - 274
I / / 4 272// // 3
01 278 11 281 1283 / 2
LnI279 \ 327 I N86°40'39"W l /l 1 j //273 \ SEE DETAIL "L" I _ 157. 14' -i I / / THIS SHEET
l l 280 284 - - l l /
I 15
L 08 ° 29 ' 283
PCC -44 E (R) I I I\ 1281 284 1
» 10 I I 1 ` N86°40'39"W 157.14'
DETAIL L /�- j I-- 279 ---------------
N.T.S. �I I . 280
14 �l l �I 86
�_�_ 285
�I IC° 1/ I \�,�� N86°40'39"W 170.88
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1 71 N86°40'39"W 134.72' -
W 1 71 71 io
N86°40'39"W 134.72 71
rnl 24' w
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58.00'
12 7.01 OF 296 286 4
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SCALE: 1"=40'
ENVIRONMENTAL CONSTRAINTS SHEET
DATA TABLE
�0
BEARING/DELTA
RADIUS
LENGTH
1 [30°12'25"
725.00'
382.23'1
2 [N46°25'04"E
--
245.24'1
3 [43°34'56"
750.00'
570.49'1
4 [N90°00'00"E
--
150.00'1
5 [04°04'21"
750.00'
53.31']
6 [N85°55'39"W
--
74.24'1
7 [09°55'24"
750.00'
129.90'1
8 [05°51'03"
750.00'
76.59'1
9 [N90°00'00"W
--
190.00']
10 [17°59'00"
750.00'
235.40'1
11 [N72°01'00"W
--
50.00'1
12 [32°59'24"
750.00'
431.84'1
13 [N74°59'36"E
--
129.20'1
14 [29°44'28"
750.00'
389.31']
15 [N75°15'56"W
--
50.01']
16 [14°10'30"
750.00'
185.55'1
17 [18°00'33"
1688.00'
530.57'1
18 (N16°23'48"E
(R) 176.00' M&R3)
19 [N55°35'39"W
-- 235.44'1
20 (N11°50'02"E
-- 209.00' M&R5)
21 [N89°26'26"W
1 500.00'1
22 [01°29'48"
1460.50'1
38.15'1
23 (N39°51'24"E
61.66' M&R4)
24 (N55°25'37"E
--
33.73' M&R4)
25 (N79°03'24"E
--
36.69' M&R4)
26 (N71°19'24"E
--
104.42' M&R4)
27 [13°40'42"
1023.00'
244.22'1
28 [N69°45'18"E
--
38.18'1
29 [02°08'52"
1600.00'
59.98']
30 10*53'48"
300.00'
57.05'
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
TRACT MAP NO 0 38018
LOT 21, AND PARCEL "A" OF LOT LINE ADJUSTMENT NO. LD21-1111 AS PER INSTRUMENT NO. 2022-0008833 RECORDED JANUARY 6, 2022 ALSO BEING LOT 22 AND A PORTION OF LOT 24 OF TRACT MAP NO. 37368, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN.
BOUNDARY CONTROL MAP , _ _ _ APR I L 2022
ECS NOTES: I N T E R N A T 1 0 N A L REFERENCES
A. THIS PROPERTY IS LOCATED WITHIN 30
MILES OF MOUNT PALOMAR OBSERVATORY.
= INDICATES RECORD DATA.
ALL PROPOSED OUTDOOR LIGHTING SYSTEMS
SHALL COMPLY WITH THE CALIFORNIA [ ] = INDICATES MEASURED AND RECORD PER R1.
INSTITUTE OF TECHNOLOGY, PALOMAR f1TTf1 = INDICATES RESTRICTED ACCESS.
OBSERVATORY RECOMMENDATIONS, ORDINANCE R1 = TRACT MAP NO. 37368, M.B. 468/89-98 NO. 655.
SHEET 1 OF 1 SHEETS
NOTES:
SEE SHEET 6 FOR EASEMENT NOTES
SURVEYORS NOTES
SET 1" I.D. X 18"I.P. AND TAG "L.S. 7566", DOWN
0.3' AT REAR LOT CORNERS. UNLESS OTHERWISE NOTED.
SET LEAD, TACK AND TAG "L.S. 7566" IN TOP OF CURB
AT THE PROLONGATION OF SIDE LOT LINES.
SET LEAD, TACK AND TAG "L.S. 7566" IN TOP OF CURB
AT BC, EC, PRC, PCC OR CORNER CUT-OFF POSITIONS,
PROJECTED PERPENDICULAR OR RADIALLY FROM THE STREET
CENTERLINE.
ALL MONUMENTS ARE SET AND TAGGED IN ACCORDANCE WITH
THE RIVERSIDE COUNTY ORDINANCE NO. 461.16
ALL MONUMENTS SHOWN "SET" SHALL BE IN ACCORDANCE
WITH THE MONUMENT AGREEMENT FOR THE MAP, UNLESS
OTHERWISE NOTED.
TRAC 411� C/L LUPINE DR.
253 / 8 • 425
N�
29 �� M " -,� 20 T�9CT
BASIS OF BEARINGS NOTE � 208 I - 31341 ��S 2=44 L=593� A �?� -1,0 THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING OF ;� �9 A 6 T NO.9 25 oMM
N38 ° 15 ' 21 "E FOR THE CENTERLINE OF BUTTERFIELD STAGE ��� �\ �p� 2 423 / TRAC �� 1 / 1 I� / / '/ 27 \ �s� ROAD AS SHOWN ON A MAP OF TRACT NO. 37368 FILED IN
�o / j�-02 B g��0�
BOOK 468, PAGES 89 THROUGH 98 OF MAPS, IN THE OFFICE ° 'V / \ C/L ARI ST I DA / �E 685 $� PCL
OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. - / ko 0), �\ 7 18 � $ g"E A
O ; T \
�
252
R2 = TRACT
MAP N0.
37341,
M.B. 473/8-14
B. ENVIRONMENTAL IMPACT REPORT (EIR),
(SCH# 97121030), WAS PREPARED FOR THIS
��
=
R3 TRACT
MAP N0.
37341-1,
M.B. 471/19-25
PROJECT AND IS ON FILE AT THE CITY OF
R4 = LOT LINE
ADJUSTMENT
NO. LD21-1 1 1 1 , INST. NO.
TEMECULA PLANNING DIVISION.
A)
/
2022-0008833
O.R. RECORDED
1/6/2022.
R5 = TRACT
MAP NO.
37341-4,
M.B. 471/33-39
C. THIS PROJECT IS WITHIN A LIQUEFACTION
1 �
HAZARD ZONE.
� ����
NO. 33,39
ESTABLISHMENT NOTES
❑A CENTERLINE MONUMENTS HAVE NOT BEEN SET. CENTERLINE
HAS BEEN ESTABLISHED BY HOLDING RECORD ANGLE AND
DISTANCES PER R1.
© SFN, ESTABLISHED BY HOLDING RECORD ANGLE AND
DISTANCE PER R1.
MONUMENT NOTES
Q INDICATES SET 1" IP & TAG "LS 7566", FLUSH,
INDICATES SEARCHED FOR FOUND NOTHING MONUMENT TO
SET PER TRACT NO. 37368, MB 468/89-98 WITH 1" IP
WITH TAG LS 8805, FLUSH.
INDICATES FOUND MONUMENT AS DESCRIBED BELOW
08 - FD. 3" BRASS DISK "LS 7891", IN WELL MON,
ACCEPTED AS CL INTERSECTION OF BUTTERFIELD
STAGE RD & SOMMERS BEND PER R1.
09 - FD. 3" BRASS DISK "LS 7891", IN WELL MON.
ACCEPTED AS CL INTERSECTION OF BUTTERFIELD
STAGE RD & SOMMERS BEND PER R1.
©5 - FD. 1" IP WITH NAIL & TAG "LS 7891", DN.
0.1', ACCEPTED AS CL B.C. OF BUTTERFIELD
STAGE RD. PER R1.
®5 - FD. 1" IP WITH NAIL & TAG "LS 7891", FLUSH,
ACCEPTED AS E.C. CL OF BUTTERFIELD STAGE RD.
PER R1.
410 - FD. NAIL & TAG "LS 8805" ON PILASTER PER R2.
411 - FD. 1" IP WITH NAIL & TAG "LS 8805", FLUSH,
PER R2.
421 - FD. 1" IP WITH NAIL & TAG "LS 8805", FLUSH,
PER R2.
423 - FD. 1" IP WITH NAIL & TAG "LS 8805", FLUSH,
ACCEPTED AS CL INTERSECTION OF ARISTIDA ST.
AND DYMONDIA WAY PER R3.
425 - FD. 1" IP WITH NAIL & TAG "LS 8805", FLUSH,
ACCEPTED AS CL INTERSECTION OF VERBENA WAY
AND LUPINE DR PER R5.
\\\�
N LLA NO. LD21-1 1 1 1 23 \o°o �BT 40, \
o, / \ C�„-=36°38' 28 \ INST. NO. 2022-0008833 „ „ \\ ��8 s \. _ _ �W ° B 0 0=29° 35' 07 �;1� 25.Oo o �� ��/ SEE DETAIL 0 \�� \ �s9� ��� / L=890.7 REC 01 06 2022 SHEET 3 ��
o / / \\
35, o A \J R�1 410 31341
MAP 85 "' 21 �0� 22 06.15 M� �� / CT NO g,14
E►- 45 2p N �� 0� B TRACT 473� \
PAR C M 67/ "�
P � B 421 M • g • �� �
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. I �
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PER RECORD PER R 1 . I I CO 23 24 I NST . NO. 2022-0008833 I I I � SEE DETAIL X W
Q G�, I I SHEET 5 0 REC 01 /06/2022
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W 373� LL
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m I M•g• I �<91 1-11
3734
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A _ _ ss\s�.�s S BEND �� /� TRACT
M . 5 .
- ER
C/L SOMMERS
16 _57"E 4
209F 13 -13 - _— N84° 08' 7 5
15 14 3734 1 11 10 9 8
606.66 1 6 371,12 _
RACT NO 73�87/g3 T NO' 8 ,g6
T M g. I TRAC B q.73�
M
BOOK T, PAGE
Item No. 11
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: August 9, 2022
SUBJECT: Approve Parcel Map 38189 (Located on the Southwest Corner of Wolf Store Road and Butterfield Stage Road)
PREPARED BY: Ron Moreno, Principal Civil Engineer
Annie Bostre-Le, Public Works Development Manager
RECOMMENDATION: That the City Council approve Parcel Map 38189 in conformance with the Conditions of Approval.
BACKGROUND: Parcel Map 38189 has been approved for subdivision purposes to create two parcels on 2.15 acres within Planning Area 20 of the Vail Ranch Specific Plan. The property covered by this Parcel Map is located on the southwest corner of Butterfield Stage Road and Wolf Store Road.
Monumentation has been set in accordance with the Parcel Map and all fees have been paid.
The property owner/developer has met the terms of the Conditions of Approval for map recordation, and this Parcel Map is in conformance with the approved Tentative Parcel Map. The approval of a Subdivision Map, which substantially complies with the approved Tentative Parcel Map, is a mandatory ministerial act under State law.
FISCAL IMPACT: None
ATTACHMENTS: 1. Vicinity Map
2. Parcel Map 38189
PARCEL MAP 38189
OE Q�
EGOS
��wP� BEM SITE
GPMe FN � Py,�QP
q�
Q
v
�Q
T8S/S15/R2W
VICINITY MAP
o N.T.S.
z
11280 E. GELDING DRIVE SUITE 101
+" SEG
SCOTTSDALE, ARIZONA 85260
WWW. AZSEG.COM
TEL, 480,588.7226
TOTAL NUMBER PARCELS: 2
TOTAL GROSS ACRES: 2.15 AC.
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
WE HEREBY RETAIN FOR THE BENEFIT OF PARCEL 1 AND 2 AN EASEMENT FOR JOINT USE
DRIVEWAYS AND RECIPROCAL INGRESS/EGRESS OVER THE AREA DENOTED HEREON AS "RECIPROCAL EASEMENT".
CRAIG SWARTS AND PAM SWARTS, TRUSTEES OF THE SWARTS FAMILY TRUST DATED JUNE 19, 2001
CRAIG SWARTS, TRUSTEE
PAM SWARTS, TRUSTEE
NOTARY ACKNOWLEDGMENT
a NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
FHE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF FHAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF SS:
ON BEFORE ME,
APPEARED
A NOTARY PUBLIC, PERSONALLY
WHO PROVED TO
ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY
EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR
SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE:
NOTARY PUBLIC
PRINTED NAME:
MY PRINCIPAL PLACE OF BUSINESS IS IN:
MY COMMISSION EXPIRES:
MY COMMISSION NUMBER:
NOTARY ACKNOWLEDGMENT
COUNTY
\ NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
FHE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS :ERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF FHAT DOCUMENT.
STATE OF CALIFORNIA
SS:
COUNTY OF
ON BEFORE ME,
APPEARED
A NOTARY PUBLIC, PERSONALLY
WHO PROVED TO
IN THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
PARCEL
MAP
38189
BEING A SUBDIVISION OF LOT 52, OF TRACT NO. 23172 IN THE CITY OF
TEMECULA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 251, PAGES 94 THROUGH 99 OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA.
FOMOTOR ENGINEERING LS 7070 FEBRUARY 2022
TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND FILED
WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED
UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL
ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE
COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE, AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.
DATED:
CASH TAX BOND
MATTHEW JENNINGS
COUNTY TAX COLLECTOR
go
2022
TAX COLLECTOR'S CERTIFICATE
DEPUTY
RECORDER'S STATEMENT SHEET 1 OF 2 SHEETS
FILED THIS DAY OF 2022, AT M. IN BOOK OF PARCEL MAPS AT PAGES AT THE REQUEST OF THE CITY CLERK OF THE CITY OF TEMECULA.
NO.
FEE
PETER ALDANA, COUNTY RECORDER -ASSESSOR -CLERK
BY: DEPUTY
SUBDIVISION GUARANTEE: FIDELITY NATIONAL TITLE COMPANY
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD
SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SUSTAINABILITY ENGINEERING GROUP LLC IN FEBRUARY 2022. 1
HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR
POSITIONS ARE CORRECTLY SHOWN, AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN.
PHILLIP K. FOMOTOR
LS. NO. 7070
DATED:
2022
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE,
THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES. CITY ENGINEER'S STATEMENT DATED:
2022
MATTHEW JENNINGS, COUNTY TAX COLLECTOR
BY: DEPUTY
SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT. THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED.
AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION FOR PUBLIC UTILITY PURPOSES RECORDED APRIL 28, 1998, AS INSTRUMENT NO. 162822,
OF OFFICIAL RECORDS
AN EASEMENT GRANTED TO RANCHO CALIFORNIA WATER DISTRICT FOR PIPELINE PURPOSES RECORDED JUNE 11, 2001 AS INSTRUMENT NO. 2001-260290 OFFICIAL RECORDS.
AN EASEMENT(S) GRANTED TO EASTERN MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT FOR PIPELINES FOR SEWAGE PURPOSES RECORDED JANUARY 20, 2004 AS INSTRUMENT NO. 2004-37593 OFFICIAL RECORDS.
AN EASEMENT(S) GRANTED TO VERIZON CALIFORNIA, INC, FOR TRANSMISSION OF ELECTRIC
ENERGY FOR COMMUNICATIONS, TELECOMMUNICATIONS, INTERACTIVE VIDEO, INTELLIGENCE BY ELECTRICAL MEANS AND/OR OTHER PURPOSES RECORDED AUGUST 15, 2001 AS INSTRUMENT NO. 2001-390652 OFFICIAL RECORDS. (EASEMENT CANNOT BE PLOTTED FROM RECORDS.)
SOILS REPORT
ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE A SOILS REPORT (REPORT NUMBER 3-221 -0071) WAS PREPARED BY SALEM ENGINEERING SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY GROUP, LLC ON MARCH 1, 2021.
EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR
SIGNATURES) ON THE INSTRUMENT THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE:
NOTARY PUBLIC
PRINTED NAME:
MY PRINCIPAL PLACE OF BUSINESS IS IN:
MY COMMISSION EXPIRES:
COUNTY
G/O LAND
A
PHILLIP K. FOMOTOR
No. 7070
sqT� OF CAL\FC��\P
I HEREBY STATE THAT THIS MAP CONSISTING OF (2) TWO SHEETS HAS BEEN EXAMINED BY ME
OR UNDER MY SUPERVISION AND FOUND TO BE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OF PARCEL 38189 AS FILED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA ON JANUARY 5, 2022, THE EXPIRATION DATE BEING JANUARY 5, 2025, THAT
ALL PROVISIONS OF APPLICABLE STATE LAW AND CITY REGULATIONS HAVE BEEN COMPLIED WITH, AND I AM SATISFIED THIS PARCEL MAP IS TECHNICALLY CORRECT.
FOR: PATRICK THOMAS, R.C.E. NO. 44223
CITY ENGINEER, CITY OF TEMECULA
DATE
KRIS R. WINCHAK, LS 6240
(AS DELEGATED)
CITY OF TEMECULA
CITY CLERK'S STATEMENT
/O71RI.
LAND
3�\
A
KCHAK
No. 6240
sqT� OF CAL\FC��\P
THE CITY COUNCIL OF THE CITY OF TEMECULA STATE OF CALIFORNIA, BY IT'S CITY CLERK,
RANDI JOHL, HEREBY APPROVES THIS PARCEL MAP
DATED THIS
RANDI JOHL CITY CLERK
CITY OF TEMECULA
DAY OF
2022
MY COMMISSION NUMBER:
PROTRACTED SECTION 15, T.8S., R.2W.
G�ENP WPC gp,�O�F.
PGR�G�
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SEMOGU� GREEK RO
PROJECT SITE
GP�pP f QP`'y
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Q
NORTH ,�
VICINITY MAP T8S/S 15/R2W
N.T.S.
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED ON THE NORTHERLY LINE OF LOT 52 OF SAID TRACT NO. 23172, ALSO KNOWN AS THE
CENTERLINE OF WOLF STORE ROAD, BEING N67°02'27"E PER PARCEL MAP 29864, PM 200/18-20.
EASEMENT NOTES
ATHE OWNERSHIP OF SAID LAND DOES NOT
INCLUDE RIGHTS OF ACCESS TO OR FROM
BUTTERFIELD STAGE ROAD EXCEPT FOR THE
GENERAL EASEMENT OF TRAVEL, SUCH RIGHTS
HAVING BEEN RELINQUISHED BY SAID TRACT NO.
23172.
IN THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
PARCEL
MAP
38189
BEING A SUBDIVISION OF LOT 52, OF TRACT NO. 23172 IN THE CITY OF
TEMECULA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 251, PAGES 94 THROUGH 99 OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA.
FOMOTOR ENGINEERING LS 7070
MONUMENT NOTES
S FOUND 1" I.P. WITH TAG STAMPED RCE 26457, FLUSH PER PARCEL MAP NO. 29864, MB 200/18-20.
S FOUND 1" I.P. WITH PLUG STAMPED RCE 26457, FLUSH PER TRACT MAP NO. 23172, MB 251 /94-99.
SFOUND I" I.P., FLUSH PER TRACT MAP NO. 23172, MB 251 /94-99.
FOUND OPEN. ACCEPTED AS MOST EASTERLY CORNER OF LOT 52 OF SAID MAP. SET PLUG STAMPED LS 7070.
SURVEYOR'S NOTES
• AMAINTENANCE, PUBLIC UTILITIES, ONE FOOT /INDICATES FOUND MONUMENT AS NOTED.
AN EASEMENT FOR BIKE, INGRESS & EGRESS, O INDICATES SET 3 4 I.D. IRON PIPE WITH PLUG STAMPED LS 7070 FLUSH.
ROADWAY AND "PRIVATE STREET" PURPOSES A INDICATES SET NAIL AND TAG STAMPED LS7070 ON TOP OF WALL FEBRUARY 2022
SHEET 2 OF 2 SHEETS
G
5° o°
� O
i-
2 SHOWN ON THE MAP OF SAID TRACT NO. 23172. / \ / / / 2�16�, S // S N� ( ) INDICATES RECORD DATA PER TRACT MAP NO. 23172, MB 251 94-99. \ AN EASEMENT GRANTED TO SOUTHERN CALIFORNIA (( )) INDICATES RECORD DATA PER PARCEL MAP 29864, PM 200/18-20
EDISON COMPANY, A CORPORATION FOR PUBLIC UTILITY PURPOSES RECORDED APRIL INDICATES RESTRICTED ACCESS RIGHTS \,�
28, 1998, AS INSTRUMENT NO. 162822, OF \ \ 15/ \ \ \ 29�1� o OFFICIAL RECORDS ��
AN EASEMENT GRANTED TO RANCHO CALIFORNIA \ �S �So \ �o�0.
WATER DISTRICT FOR PIPELINE PURPOSES 4S \ e• �o % ��v
RECORDED JUNE 1 1 , 2001 AS INSTRUMENT NO.
2001-260290 OFFICIAL RECORDS.
i ��N22°57'32"W 44.15' AN EASEMENT GRANTED TO EASTERN MUNICIPAL SS�o o SO �G � � �p \ \ � �� SS S , 5 WATER DISTRICT, A MUNICIPAL WATER DISTRICT
FOR PIPELINES FOR SEWAGE PURPOSES
RECORDED JANUARY 20, 2004 AS INSTRUMENT G v % 662�
NO. 2004-37593 OFFICIAL RECORDS. r 22� S o22a E o_ 1 �2� PARCEL 1 // ^V ,S °°�8'� 1.08 AC. (46841 SQFT.) GROSS //°`"05
AN EASEMENT GRANTED TO RIVERSIDE COUNTY J,v oS P� %� \ \ /�`' 6 FLOOD DISTRICT FOR DRAINAGE PURPOSES \ \ N /
�� v ` \� \ I 1 24.00:�, RECIPROCAL EASEMENT
RECORDED --� S OFFIICIAL RECORDS.22 AS INSTRUMENT N0. O 11��252�1 /\ S I / N22°57'32"W 17.63' �N22°57'32"W
DRAINAGE EASEMENTS SHALL BE KEPT FREE OF —�I� bw /
Q i i �'i O 28.37' Z� �5
i
BUILDINGS AND OBSTRUCTIONS. `�N67°02'28"E 24.00' a w 2
�O o. N79°37'42"W 28.74 I I w i 2
N67°01'32"E 18.75' "= co
tk-
� N
O i "'� i PARCEL 2 I I �, r'� _ — — (N61°42'19"E 60.50')M&R S /
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Item No. 12
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: August 9, 2022
SUBJECT: Approve Second Amendment to the Right of Entry Agreement with the Western Riverside County Regional Conservation Authority on City -Owned Properties within Temecula Creek
PREPARED BY: Anissa Sharp, Management Assistant
Ron Moreno, Principal Civil Engineer
RECOMMENDATION: That the City Council approve the second amendment to the Right of Entry Agreement with the Western Riverside County Regional Conservation Authority on City - Owned Properties within Temecula Creek.
BACKGROUND: On October 11, 2016, the City Council approved the Right of Entry Agreement with the Western Riverside County Regional Conservation Authority (RCA) for City - owned properties within Temecula Creek, identified as Assessor Parcel Numbers 961-450-011, 961-450-015, and 961-450-064 (Agreement). The Agreement authorized RCA to enter the City - owned properties to conduct wetland bird surveys as part of its administrative duties for the Riverside County Multiple Species Habitat Conservation Plan (MSHCP).
On October 23, 2018, the City Council approved the First Amendment to the Agreement (First Amendment). The First Amendment extended the term of the Agreement to October 31, 2021 and also broadened the purpose to allow RCA to conduct surveys of any species covered by MSHCP.
RCA has requested that the City enter into a Second Amendment to extend the term set forth in the First Amendment by another three years so that RCA may continue conducting surveys in the area. This Second Amendment extends the term of the Agreement to October 31, 2024. All other terms of the Agreement and First Amendment remain unchanged.
FISCAL IMPACT: There is no fiscal impact associated with the approval of this Second Amendment to the Right of Entry Agreement.
ATTACHMENTS: 1. Second Amendment
2. Vicinity Map
RCA Agreement No: 23003
SECOND AMENDMENT TO RIGHT OF ENTRY AGREEMENT BETWEEN
CITY OF TEMECULA AND WESTERN RIVERSIDE COUNTY
REGIONAL CONSERVATION AUTHORITY
This Second Amendment to Right of Entry Agreement entered into between the City of Temecula and the Western Riverside County Regional Conservation Authority ("Second Amendment") is made by and between the City of Temecula, a California municipal corporation ("City" or "GRANTOR") and the Western Riverside County Regional Conservation Authority ("RCA" or "GRANTEE") and is effective on the date it is fully executed. The City and RCA may be referred to below collectively as the "Parties".
1. Recitals. This Second Amendment is made with respect to the following facts and for the following purposes, which each of the Parties hereto acknowledge as true and correct:
A. The City is the owner of certain real property identified as Riverside County Tax Assessor's Parcel Numbers 961-450-011, 961-450-015, and 961-450-064, which is depicted Exhibit A attached hereto and incorporated herein ("Property").
B. The City and RCA entered into that certain Right of Entry Agreement dated October 11, 2016 ("Right of Entry") by which the City granted to RCA permission to enter onto the Property on a temporary basis for the purpose of conducting wetland bird surveys pursuant to the species monitoring requirements of the Western Riverside County Multiple Species Habitat Conservation Plan.
C. Pursuant to the First Amendment to the Right of Entry dated October 23, 2018 ("First Amendment"), the Parties agreed to extend the term of the Right of Entry to October 31, 2021. Pursuant to the First Amendment, the Parties agreed that RCA was authorized to enter the Property to conduct surveys and monitoring requirements for all species in accordance with the requirements of the Western Riverside County Multiple Species Habitat Conservation Plan.
D. Pursuant to Section 2 of the Right of Entry, as amended by the First Amendment, the term of the Right of Entry commenced on October 31, 2016 and terminated October 31, 2021. Section 2 provides that the term may be extended by written notice from the City to RCA.
E. The City and RCA wish to amend Section 2 of the Right of Entry, as amended by the First Amendment, to extend the term of the Right of Entry for another three years from October 31, 2021 to October 31, 2024 as set forth in this Section Amendment.
NOW, THEREFORE, in consideration of the preceding Recitals, the mutual covenants set forth in the Right of Entry, and the First Amendment, the City and RCA agree to amend Section 2 of the Right of Entry, subject to the terms and conditions set forth below.
2. Amendment to Section_2 of Right of Entry. Pursuant to this Second Amendment, the City and RCA agree to amend and replace Section 2 of the Right of Entry titled "Term" to read as follows:
1. Term. The term of this Right of Entry shall commence on October 20, 2016 ("Effective Date") and shall automatically terminate on October 31, 2024. The term may be extended by written amendment executed by both Parties.
-1-
3. No Other Changes. Except for the changes specifically set forth in this Second Amendment, all other terms and conditions of the Right of Entry shall remain in full force and effect and shall apply with the same force and effect. The provisions of this Second Amendment shall prevail over any inconsistency or conflicting provisions of the Right of Entry, as amended by the First Amendment, and shall supplement the remaining provisions thereof.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the date set forth below:
City of Temecula, a California municipal Western Riverside County Regional corporation Conservation Authority
Dated. .2022 Dated: , 2022
By:
Matt Rahn, Mayor By: le
ATTEST:
Randi Johl, JD, MMC, City Clerk
Approved as to form:
RICHARDS, WATSON & GERSHON
Name: Anne Mayer
Title: Executive Director
App vedP
to Form:
By:
Best, Best & Krieger, LLP
Peter M. Thorson, City Attorney Counsel to the Western Riverside County Regional Conservation Authority
-2-
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rr. • ///4(! i'R � � it
VICINITY MAP
RIGHT OF ENTRY AGREEMENT
WESTERN RIVERSIDE COUNTY RESOURCE CONSERVATION AUTHORITY CITY -OWNED APNs 961-450-011, 961-450-015, 961-450-064
Item No. 13
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: August 9, 2022
SUBJECT: Approve Second Amendment to the Minor Maintenance Agreement for Homeless Encampment Cleanup Services with Singh Group, Inc.
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve the Second Amendment to the Minor Maintenance Agreement for Homeless Encampment Cleanup Services with Singh Group, Inc., to extend the term to June 30, 2025, and increase payment in the amount of $300,000, for a total agreement amount of $500,000.
BACKGROUND: On July 15, 2020, and July 13, 2021, City Council approved the Agreement and First Amendment, respectively, for term extensions and increased payment for continued services. The Singh Group, Inc., has shown they are capable and responsive to the needs of the city to provide homeless encampment cleanup services and continue to perform these services in a timely and efficient manner. The Second Amendment will provide for the on -going homeless encampment cleanups to ensure both city and county properties are properly maintained.
Staff recommends that City Council approve the Second Amendment to extend the term of the agreement to June 30, 2025 and increase the payment amount for a total agreement amount of $500,000.
FISCAL IMPACT: Adequate funds are available in the current Annual Operating Budget (AOB) for Fiscal Year 2022-23 and will be budgeted annually in each forthcoming fiscal year in TCSD - Responsible Compassion - Maintenance.
ATTACHMENTS: Second Amendment — Singh Group, Inc.
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND SINGH GROUP, INC.
HOMELESS ENCAMPMENT CLEANUP SERVICES
THIS SECOND AMENDMENT is made and entered into as of August 9, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Singh Group, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On July 15, 2020, the City and Contractor entered into that certain Agreement entitled "Agreement for Homeless Encampment Cleanup Services in the amount of $100,000.
b. On July 13, 2021, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Homeless Encampment Cleanup Services," to extend the term of the agreement to June 30, 2022, increase the payment in the amount of $100,000.
C. The parties now desire to extend the term of the agreement to June 30, 2025, increase the payment in the amount of $300,000, and to amend the Agreement as set forth in this Amendment.
2 Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:
This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2025 unless sooner terminated pursuant to the provisions of this Agreement.
3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:
The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void.
The SECOND Amendment amount shall not exceed Three
Hundred Thousand Dollars ($300,000), for additional homeless encampment clean-up services for a total Agreement amount of Five Hundred Thousand Dollars ($500,000).
4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.
O8/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA SINGH GROUP, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
v
By: By:
Matt Rahn, Mayor
ATTEST:
By:
Rand! Johl, City Clerk
APPROVED AS TO FORM:
By:
Adolf;Pingh, President
Peter M. Thorson, City Attorney CONTRACTOR
Singh Group, Inc
Contact Person: Adolf B. Singh
1308 Descano Ave, San Marcos, CA 92069
[email protected]
Phone Number: 760 213-5462
City Purchasing Mgr.
Initials nd
Date: ail
08/09/2021
Item No. 14
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JULY 26, 2022
CALL TO ORDER at 7:04 PM: President James Stewart
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
CSD PUBLIC COMMENTS -None
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Schwank. The vote reflected unanimous approval.
14. Approve Action Minutes of July 12, 2022
Recommendation: That the Board of Directors approve the action minutes of July 12, 2022.
CSD PUBLIC HEARING
15. Approve Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2022-23
Recommendation:
That the Board of Directors hold a public hearing and adopt a resolution entitled:
RESOLUTION NO. 2022-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY
OF TEMECULA ADOPTING RATES AND CHARGES FOR
SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING,
SERVICE LEVEL C - PERIMETER LANDSCAPING, SERVICE
LEVEL D - RECYCLING AND REFUSE COLLECTION, AND
SERVICE LEVEL R - EMERGENCY UNPAVED ROAD
MAINTENANCE SERVICES FOR FISCAL YEAR 2022-23
Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:12 PM, the Community Services District meeting was formally adjourned to Tuesday, August 9, 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. 15
ACTION MINUTES
TEMECULA PUBLIC FINANCING AUTHORITY MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JULY 26, 2022
CALL TO ORDER at 7:12 PM: Chair Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
TPFA PUBLIC COMMENTS — None
TPFA CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval.
16. Authorize Fiscal Year 2022-23 SDecial Tax Levies for the Communitv Facilities Districts Recommendation: That the Board of Directors adopt the following resolutions entitled:
RESOLUTION NO. TPFA 2022-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 01-02 (HARVESTON)
RESOLUTION NO. TPFA 2022-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-06 (HARVESTON II)
RESOLUTION NO. TPFA 2022-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-01 (CROWNE HILL)
RESOLUTION NO. TPFA 2022-07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-03 (WOLF CREEK)
RESOLUTION NO. TPFA 2022-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
RESOLUTION NO. TPFA 2022-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2)
RESOLUTION NO. TPFA 2022-10
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 19-01 (MUNICIPAL SERVICES)
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Alexander. The vote reflected unanimous approval.
TPFA EXECUTIVE DIRECTOR REPORT
TPFA BOARD OF DIRECTORS REPORTS
TPFA ADJOURNMENT
At 7:13 PM, the Temecula Public Financing Authority meeting was formally adjourned to Tuesday, August 9, 2022, at 4:30 PM, for a Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Matt Rahn, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
N
Item No. 16
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: August 9, 2022
SUBJECT: Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing, Adopt a Resolution Approving the Issuance of Not to Exceed $36,000,000 of California Enterprise Development Authority Revenue Obligations for the Benefit of Rancho Community Reformed Church
PREPARED BY: Brandon Rabidou, Principal Management Analyst RECOMMENDATION: That the City Council:
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (the "Authority") of not to exceed $36,000,000 of the Authority's Revenue Obligations (the "Obligations") for the benefit of Rancho Community Reformed Church, a California nonprofit public benefit corporation (the `Borrower"); and
2. Adopt a resolution approving the issuance of the Obligations by the Authority to finance, refinance and/or reimburse the cost of educational facilities for the benefit of the Borrower.
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE ISSUANCE BY THE CALIFORNIA
ENTERPRISE DEVELOPMENT AUTHORITY OF NOT TO EXCEED
$36,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY'S
REVENUE OBLIGATIONS FOR THE PURPOSE OF FINANCING,
REFINANCING AND/OR REIMBURSING THE COST OF
ACQUISITION, CONSTRUCTION, INSTALLATION, EQUIPPING
AND FURNISHING EDUCATIONAL FACILITIES FOR THE BENEFIT
OF RANCHO COMMUNITY REFORMED CHURCH AND OTHER
MATTERS RELATING THERETO HEREIN SPECIFIED
BACKGROUND:
The Authority. The Authority is a joint exercise of powers authority (JPA) established by the California Association for Local Economic Development (CALED) whose purpose is to issue tax-
exempt and taxable conduit revenue bonds to fund commercial and industrial development projects within member jurisdictions. Federal and state laws provide the ability for cities and counties to join together under cooperative agreements to form joint powers authorities to issue tax-exempt and taxable bonds to fund projects that provide a public benefit and serve the needs of residents within the jurisdictions of the participating members. Cities and counties in California utilize joint powers authorities primarily for economies of scale, to access specialized transaction knowledge and resources, and to avoid using valuable local staff time on these types of transactions.
The Authority was created by the cities of Selma, Lancaster and Eureka. There are more than 200 cities and counties who are associate members of the Authority. The Authority's activities are dedicated to providing economic development assistance to member jurisdictions as an extension of the economic development assistance provided by CALED to its members. As an Associate Member of the Authority, the City is eligible to participate in the Authority's programs.
The Borrower. The Borrower has grown over the decades to extend a tradition of exceptional education through the 12th grade. The Borrower has served the Temecula & Murrieta Valley for over 40 years. The Borrower will own and operate the Facilities for the purpose of offering a quality private education from preschool age through high school in the Temecula and Murrieta Valley.
The Project. The Borrower and the Authority have requested that the City conduct a Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA") hearing and approve a resolution in accordance with Internal Revenue Code Section 147(f) authorizing the issuance of tax-exempt bonds by the Authority in an amount not to exceed $36,000,000.00. A TEFRA hearing is required by the Internal Revenue Code before tax-exempt debt can be issued for the benefit of a private nonprofit corporation. The hearing gives the public an opportunity to comment on the use of tax-exempt funds by the Borrower.
The proceeds of the Obligations will be used to finance, refinance and/or reimburse the cost of acquisition, construction, installation, renovation, rehabilitation and equipping of the Borrower's educational facilities located at 31300 Rancho Community Way, Temecula, California 92592 (the "Facility"). The proceeds of the Obligations will also be used to pay certain costs of issuance in connection with the issuance of the Obligations.
The issuance of the Obligations as tax-exempt will reduce financing costs and debt service costs for the Borrower. In order to satisfy the requirements for the Obligations to be issued as tax- exempt, an applicable elected representative which is also a member of the Authority is required to conduct the TEFRA hearing and approve the issuance of the tax-exempt bonds in accordance with Sectionl47(f) of the Code. The City Council of the City of Temecula constitutes an applicable elected representative under Section 147(f) of the Code.
A public notice of today's public hearing was published on behalf of the City at least seven days prior to the hearing in the The Press -Enterprise newspaper by the law firm of Kutak Rock LLP.
FISCAL IMPACT: There is no fiscal impact to the City. The adoption of the resolution approving the financing and refinancing of the Facilities and the issuance of the Obligations
complies with the requirements of Section 147(f) of the Internal Revenue Code of 1986. The City does not bear any responsibility for the tax-exempt status of the interest on the Obligations, the debt service on the Obligations or any other matter related to the Obligations. The approval of the Obligations to finance, refinance and/or reimburse the cost of the Facilities is not subject to compliance with the California Environmental Quality Act (California Public Resources Code, Section 21100, et seq.).
ATTACHMENTS: 1. Resolution
2. City Council Resolution No. 19-45, California Association for Local Economic Development Membership
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE ISSUANCE BY THE
CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY OF NOT TO EXCEED $36,000,000
AGGREGATE PRINCIPAL AMOUNT OF THE
CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY'S REVENUE OBLIGATIONS FOR THE
PURPOSE OF FINANCING, REFINANCING AND/OR
REIMBURSING THE COST OF ACQUISITION,
CONSTRUCTION, INSTALLATION, EQUIPPING AND
FURNISHING EDUCATIONAL FACILITIES FOR THE
BENEFIT OF RANCHO COMMUNITY REFORMED
CHURCH AND OTHER MATTERS RELATING THERETO
HEREIN SPECIFIED
WHEREAS, Rancho Community Reformed Church, a nonprofit religious corporation duly organized and existing under the laws of the State of California (the "Borrower"), has submitted and the California Enterprise Development Authority (the "Authority") has accepted, an application requesting the Authority to issue, from time to time, pursuant to a plan of finance, of one or more series of its tax-exempt bonds, notes, or other evidence of indebtedness, in an amount not to exceed $36,000,000 (the "Obligations") for the benefit of the Borrower pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the "Act"); and
WHEREAS, the proceeds of the Obligations will be used to (a) refinance, refinance and/or reimburse the cost of the acquisition, construction, installation, renovation, rehabilitation and equipping of the Borrower's educational facilities located at 31300 Rancho Community Way, Temecula, California 92592 (the "Property"), including, but not limited to, (i) approximately 105,000 square feet of education facilities with classrooms, an auditorium, administrative offices, child care center, gymnasium, athletic fields, cafeteria and science labs, (ii) a new elementary school building with 10-classrooms, restrooms, and storage with approximately 11,405 square feet of space, (iii) improvements to convert an unfinished area within the High School into 5 classrooms and offices with approximately 8,100 square feet of space, (iv) a new football stadium (bleachers, restrooms, ticket booth), new school fencing, and new gymnasium bleachers, (v) an athletic workout area including a new weight room for secondary school athletics and an outdoor speed/agility area, (vi) improvements to sidewalks, street lighting, and landscaping at the Property, (vii) new lunch areas for the secondary school, and (viii) outdoor volleyball, basketball, and play structures for upper elementary students (collectively, the "Facilities"); and (b) pay certain costs of issuance in connection with such financing and refinancing; and WHEREAS, the issuance of the Obligations must be approved by the governmental unit on behalf of which the Obligations are issued and a governmental unit having jurisdiction over the territorial limits in which the Facilities are located pursuant to the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and
WHEREAS, the Facilities are located within the territorial limits of City of Temecula (the "City") and the City Council of the City of Temecula (the "City Council") is the elected legislative body of the City; and
WHEREAS, the Authority and the Borrower have requested that the City Council approve the issuance of the Obligations by the Authority and the financing or refinancing of the cost of the development, construction, installation, equipping and furnishing of the Facilities with the proceeds of the Obligations pursuant to Section 147(f) of the Code; and WHEREAS, the Facilities will provide significant benefits to the City's residents through providing a quality and future -oriented education for students in the area and the Facilities will also create and retain employment opportunities for City's residents; and WHEREAS, the Authority's issuance of the Obligations will result in a more economical and efficient issuance process because of the Authority's expertise in the issuance of conduit revenue obligations; and
WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the City Council of the Facilities for any other purpose; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council of the City, following notice duly given, held a public hearing regarding the issuance of the Obligations and now desires to approve the issuance of the Obligations by the Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA, AS FOLLOWS:
Section 1. The City Council hereby finds and determines that all of the recitals are true and correct.
Section 2. The City Council finds that the Facilities will provide the significant benefits set forth in the recitals above. The City Council hereby approves the issuance of the Obligations by the Authority, which Obligations may be tax-exempt and/or taxable as approved by the Authority in its resolution, in an amount not to exceed $36,000,000 to finance, refinance and/or reimburse the cost of the Facilities and paying the costs of issuance of the Obligations. This resolution shall constitute approval of the issuance of the Obligations within the meaning of Section 147(f) of the Code and shall constitute the approval of the issuance of the Obligations within the meaning of the Act; provided, however, that this Resolution shall not constitute an approval by the City Council of the Facilities for any other purpose. The City shall not bear any responsibility for the tax-exempt status of the Obligations, the repayment of the Obligations or any other matter related to the Obligations. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds (a) by the "applicable elected representative" of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code and; (b) by the City Council in accordance with Section 4 of the Agreement.
N
Section 3. All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the Obligations are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or special counsel may deem necessary or advisable in order to consummate the Obligations and otherwise to effectuate the purposes of this Resolution.
Section 4. The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
Section 5. This Resolution shall take effect from and after its adoption.
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 Resolution No. 2022- was duly and regularly 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:
Randi Johl, City Clerk
CERTIFICATE OF THE CITY CLERK
I, Randi Johl, City Clerk of the City of Temecula, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Council of the City of Temecula duly and regularly held in Temecula, California, on August 9, 2022, of which meeting all of the members of said City Council had due notice.
I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.
IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Temecula hereto this 9th day of August, 2022.
Randi Johl, City Clerk
RESOLUTION NO. 19-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING ASSOCIATE MEMBERSHIP
BY THE CITY OF TEMECULA IN THE CALIFORNIA
ENTERPRISE DEVELOPMENT AUTHORITY AND THE
EXECUTION OF AN ASSOCIATE MEMBERSHIP
AGREEMENT RELATING TO ASSOCIATE
MEMBERSHIP OF THE CITY IN THE AUTHORITY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the City of Temecula, California (the "City") is a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City, upon authorization of the City Council (the "City Coucil"), may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the "JPA Law") enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and
WHEREAS, the Cities of Selma, Lancaster and Eureka have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement"), establishing the California Enterprise Development Authority (the "Authority") and prescribing its purposes and powers; and WHEREAS, in furtherance of the City's economic development efforts, the City desires to become an associate member of the Authority; and
WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and
WHEREAS, the form of associate membership agreement (the "Associate Membership Agreement") between the City and the Authority has been filed with the City, and the members of the City Council, with the aid of the City's staff, have reviewed the Associate Membership Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temecula, hereby finds, determines and declares as follows:
Section 1. Associate Membership in the Authority. The City Council hereby approves associate membership by the City in the Authority.
Section 2. Approval of Associate Membership Agreement. The City Council hereby approves the form of, and authorizes the Mayor, the City Manager or any designee of such officers, to execute the Associate Membership Agreement and authorizes the City Clerk to
1 1
attest to such signature, in substantially the form on file with the City Clerk, together with any changes therein deemed advisable by the official signing the Associate Membership Agreement.
Section 3. Official Action. The Mayor, the City Manger, the City Clerk and other officers and officials of the City, are hereby authorized and directed to take all actions and do all things necessary with respect to associate membership in the Authority including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents which are necessary to effectuate the purposes of this resolution.
Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution.
Section 5. Effective Date. This Resolution shall take effect upon its adoption by the City Council.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9�" day of July, 2019.
ATTEST:
Randi Jo , ity Clerk
[SEAL]
Michael S. Naggar, Mayor
1 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 19-45 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9 h day of July, 2019, by the following vote:
AYES: 4 COUNCIL MEMBERS: Rahn, Schwank, Stewart, Naggar NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Edwards
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
3 CERTIFICATE OF THE CITY CLERK
I, Randi Johl, City Clerk of the City of Temecula, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Council of the City of Temecula duly and regularly held in Temecula, California, on July 9, 2019, of which meeting all of the members of said City Council had due notice.
I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.
IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Temecula hereto this 9d` day of July, 2019.
42 �
Randi Jo ,- ity Clerk
n
REQUESTS TO SPEAK
"" !"''`, REQUEST TO SPEAK
��•,; CITY OF TEMECULA
41.,t,
,,„„,.,,„,„," ? ---1989 q �7 Date: ` L
Public Comment: Non-Agenda Item: Tx. Agenda Item: n Agenda Item No. For n Against n
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. �c '
Address: \ Email address: I
If you are representing an organization or group, please give the name:
1�SC i c�v rl( Cc_�-t 0 n
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
ii
°t "F', REQUEST TO SPEAK
k,. - ., CITY OF TEMECULA
t4mpit, ,,
1989 q
Date: 6.1
/ a
Public Comment: Non-Agenda Item: Pr Agenda Item: ri Agenda Item No. For n Against n
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.
Name: (. `-O`-\ell
E.-_ u a r\S Phone Number:
Address: �
If you are representing an rganization or group please give the name:
1 A) -(1, 1� s a�•)ze- -,xh Pu C- sky 1 1 C'1'11PC u Ci �a e/ r q rluiYarl(rirn( Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
"F I f li,r REQUEST TO SPEAK
r ., CITY OF TEMECULA
1989
Date: P/9/2 2,
Public Comment: Non-Agenda Item: Agenda Item: n Agenda Item No. For n Against ri
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the recorli
Name: �// /�h J. 0 6/_)-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.