Agenda — Temecula City Council, September 27, 2022 (part 1 of 2)

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

AGENDA

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
SEPTEMBER 27, 2022 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to two matters of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Based on existing facts and circumstances, the City Council will decide whether to initiate litigation.

CALL TO ORDER: Mayor Matt Rahn
INVOCATION: Chaplain Themba M. Mzizi of Riverside County Sheriffs Department FLAG SALUTE: Mayor Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

PRESENTATIONS - NONE

BOARD / COMMISSION REPORTS
Planning Commission and Public/Traffic Safety Commission

PUBLIC SAFETY REPORT
Riverside County Sheriffs Department

PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on

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City Council Agenda September 27, 2022
all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

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

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

1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code.

Attachments: Agenda Report

2. Approve Action Minutes of September 13, 2022
Recommendation: That the City Council approve the action minutes of September 13, 2022.

Attachments: Action Minutes

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

Attachments
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A
Agenda Report
Resolution
List of Demands

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City Council Agenda September 27, 2022

4. Adopt Ordinance 2022-11 Approving the Planned Development Overlay Amendment (PA20-1324) (Second Reading)

5. 6.

Recommendation
Attachments
That the City Council adopt an ordinance entitled:

ORDINANCE NO.2022-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING A PLANNED DEVELOPMENT

OVERLAY AMENDMENT TO THE TEMECULA VILLAGE
PLANNED DEVELOPMENT OVERLAY (PDO-5) GENERALLY

LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA
ROAD, APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE
(APN: 944-370-001, 005, 006, 007, 008, 010, 012, 013) (PA20-1324) Agenda Report
Ordinance
Exhibit A
Approve a Three-year Microsoft Enterprise Renewal Agreement with CDW-G for Microsoft Software Licenses
Recommendation: That the City Council:

1. Approve a three-year Microsoft Enterprise Renewal Agreement with CDW-G, in the annual amount of $231,100.44, for a total contract amount of $693,301.32 subject to the annual True -up costs as described in recommendation 2; and

2. Approve 20% of the total contract, in the amount of $138,660.26, for the annual True -up cost for the term of the three-year agreement.

Attachments: Agenda Report
Agreement
Approve the Seventh Amendment to the Franchise Agreement with CR & R Incorporated Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO APPROVE THE SEVENTH AMENDMENT TO THE
FRANCHISE AGREEMENT WITH CR & R, INC., FOR THE

COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING,

AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS

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City Council Agenda September 27, 2022

7. 8.

AND FOR TEMPORARY BIN/ROLLOFF SERVICES
Attachments: Agenda Report
Resolution
Seventh Amendment
Award a Construction Contract to Act 1 Construction, Inc. for Community Recreation Center Renovations - Phase 1, PW19-07
Recommendation: That the City Council:

1. Award a Construction Contract to Act 1 Construction, Inc. in the amount of $3,568,395, for Community Recreation Center Renovations - Phase 1, PW19-07; and

2. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $356,839.50; and

3. Make a finding that Community Recreation Center Renovations - Phase 1, PW 19-07 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.

Attachments: Agenda Report
Contract
Project Description
Project Location Map
Accept Improvements and File the Notice of Completion for the Sidewalks - Old Town Improvements (Fifth Street from Old Town Front Street to Murrieta Creek), PW20-02 Recommendation: That the City Council:

1. Accept the construction of the Sidewalks - Old Town Improvements (Fifth Street from Old Town Front Street to Murrieta Creek), PW20-02, as complete; and

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

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

Attachments: Agenda Report
Notice of Completion
Maintenance Bond
Contractors Affidavit and Final Release

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City Council
Agenda September 27, 2022

RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA

COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA

REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE

TEMECULA PUBLIC FINANCING AUTHORITY

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City Council Agenda September 27, 2022

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

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

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

9. Approve Action Minutes of September 13, 2022
Recommendation: That the Board of Directors approve the action minutes of September 13, 2022.

Attachments: Action Minutes

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

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City Council
Agenda September 27, 2022

CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, October 11, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

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City Council Agenda September 27, 2022

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO

MEETING

TEMECULA HOUSING AUTHORITY - NO MEETING

TEMECULA PUBLIC FINANCING AUTHORITY
CALL TO ORDER: Chair Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

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

TPFA PUBLIC HEARING
Any person may submit written comments to the Board of Directors before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing.

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

10. Approve Resolutions Related to the Annexation of Territory to the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2)

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City Council
Agenda September 27, 2022
Recommendation: 1. That the Board of Directors of the Temecula Public Financing Authority (the "Board") hold a public hearing relating to the proposed annexation of territory to Zone 1 of the Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2), and adopt the resolution entitled:

RESOLUTION NO. TPFA

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY OF ANNEXATION
OF TERRITORY TO ZONE 1OF THE TEMECULA PUBLIC

FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT
NO. 16-01 (RORIPAUGH RANCH PHASE 2), AUTHORIZING THE

LEVY OF A SPECIAL TAX THEREIN AND SUBMITTING LEVY OF

SPECIAL TAX TO THE QUALIFIED ELECTOR

2. That the Board hold an election regarding the annexation, and adopt the resolution entitled:

RESOLUTION NO. TPFA

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY DECLARING

RESULTS OF SPECIAL ANNEXATION ELECTION, DETERMINING

VALIDITY OF PRIOR PROCEEDINGS, DIRECTING RECORDING

OF AMENDMENT TO NOTICE OF SPECIAL TAX LIEN AND

APPROVING SECOND AMENDMENT TO ACQUISITION

AGREEMENT
Attachments: Agenda Report
Resolution - Annexation
Resolution - Election
Amendment to Notice of Special Tax Lien
Second Amendment to Acquisition Agreement

TPFA EXECUTIVE DIRECTOR REPORT

TPFA BOARD OF DIRECTOR REPORTS

TPFA ADJOURNMENT
The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, October 11, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

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City Council Agenda September 27, 2022

RECONVENE TEMECULA CITY COUNCIL

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

11. Conduct Tax Equity and Fiscal Responsibili . Act (TEFRA) Hearing, Adopt a Resolution Approving the Issuance of Not to Exceed $25,000,000 of California Enterprise Development Authority Revenue Obligations for the Benefit of Vine Creek Apartments Affordable Housing Project
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 $25,000,000 of the Authority's Revenue Obligations (the "Obligations") for the benefit of Temecula Pacific Associates, a California Limited Partnership (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.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THE ISSUANCE BY THE CALIFORNIA

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City Council Agenda September 27, 2022

ENTERPRISE DEVELOPMENT AUTHORITY OF NOT TO EXCEED
$25,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE

CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY

REVENUE OBLIGATIONS FOR THE PURPOSE OF FINANCING,

REFINANCING AND/OR REIMBURSING THE COST OF

ACQUISITION, CONSTRUCTION, INSTALLATION, EQUIPPING OF

MULTIFAMILY RENTAL HOUSING FOR THE BENEFIT OF VINE

CREEK APARTMENTS AFFORDABLE DEVELOPMENT AND

OTHER MATTERS RELATING THERETO HEREIN SPECIFIED
Attachments: Agenda Report
RPcnlntinn
Resolution No. 19-45
Notice of Public Hearing
RIT..g1NF.CC
Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected].

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

12. Introduce Ordinance Adopting 2022 California Fire Code Recommendation: That the City Council introduce and read by title only an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING BY REFERENCE THE 2022 EDITION OF
THE CALIFORNIA FIRE CODE BASED ON THE 2019

INTERNATIONAL FIRE CODE, IN ITS ENTIRETY, REGULATING

AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY

FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE

STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES,

MATERIALS AND DEVICES, AND FROM CONDITIONS

HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF

BUILDINGS AND PREMISES IN THE CITY OF TEMECULA,

INCLUDING CERTAIN AMENDMENTS, ADDITIONS, AND

DELETIONS, AND PROVIDING FOR THE ISSUANCE OF PERMITS

AND THE COLLECTION OF FEES

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City Council Agenda September 27, 2022
Attachments: Agenda Report
(lydinnncP

13. Introduce Ordinance Adopting 2022 California Building Code Recommendation: That the City Council introduce and read by title only an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING BY REFERENCE THE 2022 EDITIONS OF
THE CALIFORNIA BUILDING CODE; CALIFORNIA MECHANICAL
CODE; CALIFORNIA PLUMBING CODE; CALIFORNIA
ELECTRICAL CODE; CALIFORNIA ADMINISTRATIVE CODE;
CALIFORNIA ENERGY CODE; CALIFORNIA GREEN BUILDING
STANDARDS CODE; CALIFORNIA HISTORICAL BUILDING
CODE; CALIFORNIA EXISTING BUILDING CODE; CALIFORNIA
RESIDENTIAL CODE; AND CALIFORNIA REFERENCED
STANDARDS CODE; TOGETHER WITH CERTAIN AMENDMENTS
AND DELETIONS, AND AMENDING TITLE 15 OF THE

TEMECULA MUNICIPAL CODE
Attachments: Agenda Report
Ordinance

DEPARTMENTAL REPORTS (RECEIVE AND FILE)

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

15. Fire Department Monthly Report
Attachments: Agenda Report
Fire Department Report

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

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City Council Agenda September 27, 2022

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

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

A. Resolution Declaring Temecula a Sanctuary City for Temecula's Unborn (At the Request of Council Member Alexander)

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, October 11, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

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

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Item No. 1

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: September 27, 2022
SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code.

BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived.

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 2

ACTION MINUTES

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
SEPTEMBER 13, 2022 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to two matters of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Based on existing facts and circumstances, the City Council will decide whether to initiate litigation.

CALL TO ORDER at 6:00 PM: Mayor Matt Rahn
INVOCATION: Marti Treckman of Grace Presbyterian Church FLAG SALUTE: Mayor Pro Tem Zak Schwank
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

PRESENTATIONS
Proclamation for Fire Prevention Week
Proclamation for National Preparedness Month
Proclamation for National Hispanic Heritage Month

BOARD / COMMISSION REPORTS
Community Services Commission and Public/Traffic Safety Commission

PUBLIC SAFETY REPORT
California Department of Forestry and Fire Protection

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Debbie Aiton • Tim Thompson
• Maribel Sebastian • Rudy Gonzalez
• Liana Weskamp • Janette Chun
The following individual(s) submitted an electronic comment:
0 Payam Daneshvar

PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Alex Madrid (Item #17)
The following individual(s) submitted an electronic comment:
• Jason Cohen, Esq. (Item # 17)

CITY COUNCIL REPORTS

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

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

2. Approve Action Minutes of August 23, 2022
Recommendation: That the City Council approve the action minutes of August 23, 2022.

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

RESOLUTION NO. 2022-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

4. Accent the Notice of Draft Amendments for the 2022 Conflict of Interest Code Recommendation: That the City Council accept the notice of draft amendments to the Conflict of Interest Code for the 2022 calendar year pursuant to Government Code 87306.5 and direct the City Clerk to publish the Notice of Intent.

5. Approve Service Agreement with the County of Riverside for Murrieta Hot Springs Road Slurry Seal Improvements
Recommendation: That the City Council approve a service agreement with the County of Riverside for Murrieta Hot Springs Road Slurry Seal Improvements and authorize the City Manager to sign the agreement.

6. Approve Cooperative Agreement Between Riverside County Transportation Commission and City of Temecula Regarding French Valley Parkway Project Incorporation of I-15 Smart Freeway Project Elements
Recommendation: That the City Council approve a cooperative agreement between the Riverside County Transportation Commission (RCTC) and City of Temecula regarding incorporation of I-15 Smart Freeway Project elements into the City's I-15/French Valley Parkway, Phase II Project; and funding for the projects.

7. Approve First Amendment to the Agreement with Moore Fence Company, Inc., for Fencing Maintenance Services
Recommendation: That the City Council approve the first amendment to the minor maintenance agreement with Moore Fence Company, Inc., in the amount of $320,000, and extend the term through June 30, 2025, for a total agreement amount of $500,000.

8. Award Construction Contract to LC Paving & Sealing, Inc. for the Citywide Concrete Repairs - Fiscal Year 2021-22. PW22-01
Recommendation: That the City Council:

1. Award construction contract to LC Paving & Sealing, Inc. in the amount of $272,369.97 for the Citywide Concrete Repairs - Fiscal Year 2021-22, PW22-01; and

2. Authorize the City Manager to approve construction contract change orders not to exceed the contingency amount of $27,237, which is equal to 10% of the Contract amount; and

3. Make a finding that the Citywide Concrete Repairs - Fiscal Year 2021-22, PW22-01 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.

9. Award Construction Contract to International Line Builders, Inc. for the Traffic Promenade Mall Ring Road, PW21-15
Recommendation: That the City Council:

1. Award construction contract to International Line Builders, Inc. in the amount of $412,206, for the Traffic Signal - Promenade Mall Ring Road, PW21-15; and

2. Approve construction contract change orders not to exceed the contingency amount of $41,220.60, which is equal to 10% of the Contract amount; and

3. Make a finding that the Traffic Signal - Promenade Mall Ring Road, PW21-15 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.

10. Increase the Design -Build Contingency Authorization for the Margarita Recreation Center, Project No. PW17-21
Recommendation: That the City Council:

1. Approve an increase to the contingency for design -build of the Margarita Recreation Center Project, PW17-21 by $895,000; and

2. Increase the City Manager Authority to approve change orders to the design -build contract by $895,000.

11. Increase the Professional Services Contingency Authorization for the Margarita Recreation Center, Project No. PW17-21
Recommendation: That the City Council:

1. Approve an increase to the contingency for professional services for the Margarita Recreation Center Project, PW 17-21 by $80,000; and

2. Increase the City Manager Authority to approve change orders to the project services contract by $80,000.

12. Reject All Bids for Mary Phillips Senior Center Enhancement and Renovation, PW20-13, and Authorize the Proiect to be Rebid
Recommendation: That the City Council:

1. Reject all Construction Bids for Mary Phillips Senior Center Enhancement and Renovation, PW20-13; and

2. Authorize the Department of Public Works to re -advertise Mary Phillips Senior Center Enhancement and Renovation, PW20-13 for Construction Bids.

RECESS:

At 6:59 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Temecula Public Financing Authority Meeting. At 7:04 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

PUBLIC HEARING

15. Approve Fiscal Year 2021-22 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Rebort (CAPER)
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE 2021-22 CONSOLIDATED

ANNUAL PERFORMANCE EVALUATION REPORT (CAPER)

WITH THE ADDITION OF PUBLIC COMMENTS, AND

AUTHORIZING STAFF TO SUBMIT THE REPORT TO THE US

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD)
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval.

16. Approve the Community Development Block Grant (CDBG) Substantial Amendment to the 2020-21 CDBG Annual Action Plan
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THE SUBSTANTIAL AMENDMENT TO
THE 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT

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

17. Consider a Negative Declaration, General Plan Amendment, Planned Development Overlay Amendment, Development Plan, and Tentative Tract Map (Planning Application Nos.

PA20-1323, PA20-1324, PA20-1325, and PA20-1326) (Continued from August 23, 2022) Recommendation: That the City Council conduct a public hearing and approve the project including a General Plan Amendment, Planned Development Overlay Amendment, Development Plan, and Tentative Tract Map (Planning Application Nos. PA20-1323, PA20-1324, PA20-1325, and PA20-1326) and adopt related resolutions and introduce ordinance:

RESOLUTION NO. 2022-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
5 TEMECULA ADOPTING THE FINAL NEGATIVE DECLARATION

FOR THE RENDEZVOUS PHASE II PROJECT CONSISTING OF A
134 UNIT APARTMENT COMMUNITY GENERALLY LOCATED

ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD,
APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE (APN:
944-370-001, 005, 006, 007, 010, 012, 013)
RESOLUTION NO. 2022-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING A GENERAL PLAN AMENDMENT

APPLICATION TO REVISE THE GENERAL PLAN LAND USE

DESIGNATION FOR THE PARCELS OF THE RENDEZVOUS

PHASE II PROJECT FROM PROFESSIONAL OFFICE TO A
MEDIUM DENSITY RESIDENTIAL LAND USE (APN: 944-370-001,
005, 006, 007, 010, 012, 013) (PA20-1323)
ORDINANCE NO. 2022-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING A PLANNED DEVELOPMENT

OVERLAY AMENDMENT TO THE TEMECULA VILLAGE
PLANNED DEVELOPMENT OVERLAY (PDO-5) GENERALLY

LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA
ROAD, APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE
(APN: 944-370-001, 005, 006, 007, 008, 010, 012, 013) (PA20-1324) RESOLUTION NO. 2022-74

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEVELOPMENT PLAN FOR A 134

UNIT APARTMENT COMMUNITY GENERALLY LOCATED ON

THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD,
APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE (APN:
944-370-001, 005, 006, 007, 010, 012, 013) (PA20-1325)
RESOLUTION NO. 2022-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP 38043 TO
COMBINE EIGHT (8) EXISTING CONTIGUOUS PARCELS INTO A

SINGLE PARCEL ON THE SOUTH SIDE OF RANCHO
CALIFORNIA ROAD, APPROXIMATELY 150 FEET WEST OF
COSMIC DRIVE (APN: 944-370-001, 005, 006, 007, 008, 010, 012, 013) (PA20-1326)
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval.
6 ITEMS FOR FUTURE CITY COUNCIL AGENDAS

CITY MANAGER REPORT

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

ADJOURNMENT
At 7:46 PM, the City Council meeting was formally adjourned to Tuesday, September 27, 2022, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Adjourned in Memory of
Ed Morel
Matt Rahn, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

Item No. 3

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: September 27, 2022
SUBJECT: Approve List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician II
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS

AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting.

FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures.

ATTACHMENTS: 1. Resolution

2. List of Demands

RESOLUTION NO.2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ALLOWING CERTAIN CLAIMS AND

DEMANDS AS SET FORTH IN EXHIBIT A

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

Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $ 10,764,796.29.

Section 2. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of September, 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 27th day of September, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

CITY OF TEMECULA

LIST OF DEMANDS
08/30/2022 TOTAL CHECK RUN:
08/31/2022 TOTAL CHECK RUN:
09/06/2022 TOTAL CHECK RUN:
09/08/2022 TOTAL CHECK RUN:
09/09/2022 TOTAL CHECK RUN:
09/01/2022 TOTAL PAYROLL RUN:

TOTAL LIST OF DEMANDS FOR 9/27/2022 COUNCIL MEETING:

DISBURSEMENTS BY FUND:

CHECKS:
573,246.67
8,075,682.17
85,984.60
1,312,421.18
11,748.90
705,712.77
$ 10,764,796.29

CITY OF TEMECULA

LIST OF DEMANDS
001

GENERAL FUND
$ 8,837,341.92
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
375.25
125

PEG PUBLIC EDUCATION & GOVERNMENT
1,456.18
140

COMMUNITY DEV BLOCK GRANT
28,116.35
165

RDA DEV- LOW/MOD SET ASIDE
3,879.30
170

MEASURE A FUND
84,880.00
190

COMMUNITY SERVICES DISTRICT
243,174.48
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
23,414.00
194

TCSD SERVICE LEVEL D REFUSE RECYCLING
1,047.01
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
9,811.19
197

TEMECULA LIBRARY FUND
7,274.48
210

CAPITAL IMPROVEMENT PROJECTS FUND
574,728.08
300

INSURANCE FUND
4,678.47
305

WORKERS' COMPENSATION
5,420.24
320

INFORMATION SYSTEMS
55,339.86
330

CENTRAL SERVICES
10,316.88
340

FACILITIES
25,860.68
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
9,144.79
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
11,276.15
475
CFD03-3 WOLF CREEK DEBT SERVICE FUND
32,647.40
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
2,377.55
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
19,572.30
478
CFD 16-01 RORIPAUGH PHASE II
33,083.00
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
764.09
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
581.04
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS

69.52 505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
1,120.77
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
458.87
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
471.31
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
3,523.83
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA

94.78 510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
316.02
511
SERVICE LEVEL"C"ZONE I MEADOWVIEW

99.64 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
2,274.49
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
553.75
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE
141.29
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
311.64
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA

61.59 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
1,819.96
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
372.86
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
6,466.72
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH

94.00 522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
172.07
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
960.35
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION

76.24 527
SERVICE LEVEL"C"ZONE 27 AVONDALE
602.64
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT

93.49 700
CERBT CALIFORNIA EE RETIREE-GASB45
12,367.00
$ 10,059,083.52

CITY OF TEMECULA

LIST OF DEMANDS
001

GENERAL FUND
$ 363,754.04
110

RANCHO CALIF ROAD REIMB DIST
918.40
140

COMMUNITY DEV BLOCK GRANT
642.88
165

AFFORDABLE HOUSING
4,166.14
190

TEMECULA COMMUNITY SERVICES DISTRICT
200,469.67
194

TCSD SERVICE LEVEL D REFUSE RECYCLING
1,491.24
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
201.67
197

TEMECULA LIBRARY FUND
3,990.19
300

INSURANCE FUND
3,147.98
305

WORKERS' COMPENSATION
3,148.07
320

INFORMATION TECHNOLOGY
40,391.81
330

SUPPORT SERVICES
4,440.22
340

FACILITIES
8,526.85
700
CERBT CALIFORNIA EE RETIREE-GASB45
70,423.61
705,712.77
TOTAL BY FUND: $ 10,764,796.29

apChkLst
08/31/2022
3:39:30PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank:
union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
14005
8/19/2022
000262

RANCHO CALIF WATER
VAR JUL WATER 3003793 28250 YNEZ
24,324.89
24,324.89

DISTRICT

RD LAKE
14041
7/21/2022
000246

PERS (EMPLOYEES'

PERS RETIREMENT PAYMENT
400.90
400.90

RETIREMENT)
14042
8/18/2022
002390

EASTERN MUNICIPAL WATER
JULY WATER SVCS 32131 SOUTH

51.31 51.31
DIST

LOOP RD
14043
8/18/2022
002390

EASTERN MUNICIPAL WATER
JULY WATER SVCS 39656 DIEGO DR
141.29
141.29
DIST
14044
8/18/2022
002390

EASTERN MUNICIPAL WATER
JULY WATER SVCS 31991 RORIPAUGH
146.73
146.73
DIST
VALLEY
14045
8/18/2022
002390

EASTERN MUNICIPAL WATER
JULY WATER SVCS 32101 SOMMERS
161.08
161.08
DIST
BEND
14046
8/18/2022
002390

EASTERN MUNICIPAL WATER
JULY WATER SVCS 32131 SOUTH
2O1.60
201.60
DIST

LOOP RD
14047
8/18/2022
002390

EASTERN MUNICIPAL WATER
JULY WATER SVCS 32131 SOUTH
269.32
269.32
DIST

LOOP RD
14048
8/18/2022
002390

EASTERN MUNICIPAL WATER
JULY WATER SVCS 31991 RORIPAUGH
2,601.06
2,601.06
DIST
RD
14049
8/18/2022
002390

EASTERN MUNICIPAL WATER
JULY WATER SVCS 0 SOMMERS BEND
10,197.21
10,197.21
DIST
14050
8/18/2022
002390

EASTERN MUNICIPAL WATER

JULY WATER SVCS MURRIETA HOT

70.74 70.74
DIST

SPRINGS RD
14051
8/18/2022
002390

EASTERN MUNICIPAL WATER

JULY WATER SVCS MURRIETA HOT
458.21
458.21
DIST

SPRINGS RD
14052
8/18/2022
002390

EASTERN MUNICIPAL WATER
JULY WATER SVCS 39569 SERAPHINA
602.64
602.64
DIST
RD
14053
8/18/2022
018858

FRONTIER CALIFORNIA INC
AUG INTERNET SVCS: LIBRARY

5.31 5.31
14054
8/18/2022
018858

FRONTIER CALIFORNIA INC
AUG INTERNET SVCS: LIBRARY

5.31 5.31
14055
8/18/2022
010276

TIME WARNER CABLE
AUGUST INTERNET SVCS 30875
600.91
600.91

RANCHO VISTA
Page:1

apChkLst
08/31/2022
3:39:30PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
14056
8/19/2022
010276

TIME WARNER CABLE
AUGUST INTERNET SVCS 32131 S
282.73
282.73

LOOP RD
14057
8/19/2022
010276

TIME WARNER CABLE
AUGUST INTERNET SVCS 41000 MAIN
298.38
298.38
ST
14058
8/22/2022
000537

SO CALIF EDISON
JULY 700618534991 30395 MURRIETA

40.12 40.12
HOT
14059
8/22/2022
000537

SO CALIF EDISON
JULY 700030933344 26706 YNEZ RD

79.10 79.10
14060
8/22/2022
000537

SO CALIF EDISON
JULY 700145715868 30499 RANCHO

90.81 90.81
14061
8/22/2022
000537

SO CALIF EDISON
JULY 700246573943 26953 YNEZ RD
170.21
170.21
14062
8/22/2022
000537

SO CALIF EDISON
JULY 700367835663 28582 HARVESTON
1,071.45
1,071.45
DR
14063
8/22/2022
000537

SO CALIF EDISON
JULY 700036969370 40820
1,239.58
1,239.58

WINCHESTER RD
14064
8/22/2022
000537

SO CALIF EDISON
JULY 700408183926 40233 VILLAGE RD
3,740.17
3,740.17
14065
8/22/2022
000537

SO CALIF EDISON
JULY 600001004059 28000 LA SERENA
6,900.89
6,900.89
WAY
14066
8/23/2022
018858

FRONTIER CALIFORNIA INC
AUG INTERNET SVCS: CHILDREN'S
130.98
130.98
MUSEUM
14067
8/24/2022
018858

FRONTIER CALIFORNIA INC
AUG INTERNET SVCS: DMV LINE
100.98
100.98
14068
8/23/2022
001212

SO CALIF GAS COMPANY
JUL 091-085-1632-0: 41951 MORAGA RD

96.98 96.98
14069
8/24/2022
001212

SO CALIF GAS COMPANY
JUL 055-475-6169-5: 32380 DEER

14.30 14.30
HOLLOW
14071
8/23/2022
010276

TIME WARNER CABLE
AUGUST INTERNET SVCS 30600
625.16
625.16

PAUBA RD
14072
8/23/2022
000537

SO CALIF EDISON
JULY 700246548782 26953 YNEZ RD
105.74
105.74
14073
8/23/2022
000537

SO CALIF EDISON
JULY 700475634086 26034 YNEZ RD
395.70
395.70
Paget

apChkLst Final Check List Page: 3
08/31/2022 3:39:30PM CITY OF TEMECULA
Bank: union UNION BANK
Check #
Date
Vendor
14074
8/24/2022
000537

SO CALIF EDISON
14075
8/19/2022
005460

U S BANK
14076
8/19/2022
005460

US BANK
14077
8/25/2022
010276

TIME WARNER CABLE
14078 8/25/2022 010276 TIME WARNER CABLE
(Continued)
Description
Amount Paid
JULY 700252118808 29721 RYECREST

18.54 SS3 & SP2 REMITTNACE: FINANCE
108,101.19
INVESTMENT PURCHASE: FINANCE
5,000,000.00
AUGUST INTERNET SVCS 28816 PUJOL
600.91
ST
AUGUST INTERNET SVCS 42569
600.91

MARGARITA RD
14079 9/1/2022
010349 CALIF DEPT OF CHILD

SUPPORT PAYMENT
169.27

SUPPORT
14081 9/1/2022
021301 1 C M A RETIREMENT -PLAN
ICMA- 401(A) RETIREMENT PLAN
384.62
106474

PAYMENT
14082 9/1/2022
000194 1 C M A RETIREMENT -PLAN
ICMA-RC RETIREMENT TRUST 457
18,328.44
303355

PAYMENT
209957 8/31/2022
010905 ALLIED TRAFFIC &
LIGHT TOWER RENTAL: JULY 4: TCSD
800.00

EQUIPMENT, RENTALS INC
209958 8/31/2022
007282 AMAZON CAPITAL SERVICES
MISC EQUIPMT: MEDIC: FIRE
512.57
INC
MISC OFC SUPPLIES: CHIEF: FIRE

81.55 MISC OFC SUPPLIES: CHIEF/BC: FIF

62.04 209959 8/31/2022
002187 ANIMAL FRIENDS OF THE
JUL ANIMAL CONTROL SVCS:
10,500.00

VALLEYS

TEMECULA
209960 8/31/2022
013950 AQUA CHILL OF SAN DIEGO
AUG DRINKING WTR SYS MAINT:

28.55 THEATER
AUG DRINKING WTR SYS MAINT: JR

28.55 JUL DRINKING WTR SYS MAINT: LIB

28.28 209961 8/31/2022
021689 ASCENT ENVIRONMENTAL INC
SEIR: TEM VLY HOSPITAL: PA22-0105
55,628.88
INITIAL STUDY: RENDEZVOUS PHA,
2,758.75
209962 8/31/2022
022568 BIO CLEAN ENVIRONMENTAL,
INLET FILTER & INSTALLATION: NPDES:
10,395.00

SERVICES INC
PW
209963 8/31/2022
001323 BLUETRITON BRANDS INC,
7/23-8/22 WTR DLVRY SVC: TES POOL
318.65

DBA READYREFRESH
7/23-8/22 WTR DLVRY SVC: PBSP
106.03
7/23-8/22 WTR DLVRY SVC: SKATE P

11.30 Check Total

18.54 108,101.19
5,000,000.00
600.91
600.91
IM-11VIN
384.62
18, 328.44
800.00
656.16
10, 500.00

85.38 58,387.63
10, 395.00
435.98
Page:3

apChkLst
08/31/2022
3:39:30PM
Final Check List

CITY OF TEMECULA
Page: 4
Bank : union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
209964
8/31/2022
011348

BONCOR WATER SYSTEMS
8/18-9/14 WTR FILTER: FIRE STA 73
300.00
300.00

LLC, DBA SUNSHINE WATER
SOFT
209965
8/31/2022
020692

CALIFORNIA MUNICIPAL,

DIRECT & OVERLAP DEBT STATEMENT
1,000.00
1,000.00

STATISTICS INC
6/30/22
209966
8/31/2022
002945

CONSOLIDATED ELECTRICAL
ELECTRICAL SUPPLIES: FOC
489.38
DIST
ELECTRICAL SUPPLIES: CRC
457.57
946.95
209967
8/31/2022
001264
COSTCO TEMECULA 491
SPECIAL EVENT SUPPLIES:
211.66
211.66
PREVENTION: FIRE
209968
8/31/2022
004329
COSTCO TEMECULA491
MISC SUPPLIES: CONTRACT CLASSES:
130.57
130.57
TCSD
209969
8/31/2022
017432

EYEMED VISION CARE

VISION PLAN PAYMENT
1,767.85
1,767.85
209970
8/31/2022
017736

FEAST CALIFORNIA CAFE LLC,
HEALTH FAIR VENDOR RFSHMNTS:
3,836.52
3,836.52

DBA CORNER BAKERY CAFE
TCSD
209971
8/31/2022
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: FIRE DEPT

21.95 EXPRESS MAIL SVCS: PARKS: PW

7.77 EXPRESS MAIL SVCS: ECON DEV

6.62 36.34
209972
8/31/2022
002982

FRANCHISE TAX BOARD

SUPPORT PAYMENT

50.00 50.00
209973
8/31/2022
001013

HINDERLITER DE LLAMAS &

JUL-SEPT SALES TAX & RECOVERY
7,924.95
7,924.95
ASSOC
SVCS
209974
8/31/2022
003198

HOME DEPOT
MISC SUPPLIES: THEATER: PW
372.13
MISC SUPPLIES: THEATER: PW

49.62 421.75
209975
8/31/2022
017118

KRACH BREE B, DBA
NAME BADGES: ECO DEV

17.40 17.40

TEMECULA TROPHY & DES
209976
8/31/2022
015034
EMPLOYEE #00487
REIMB: EXCURSION: MPSC
319.00
319.00
209977
8/31/2022
017427

MATCHETT, VIVIAN

TCSD INSTRUCTOR EARNINGS
327.60
327.60
209978
8/31/2022
003076

MET LIFE INSURANCE

DENTAL PAYMENT
13,614.04
13,614.04

COMPANY
209979
8/31/2022
010167

ODYSSEY POWER
UPS PREVENTATIVE MAIN: CITY HALL
2,900.00

CORPORATION
UPS PREVENTATIVE MAIN: TPL
1,425.00
4,325.00
Page:4

apChkLst Final Check List Page: 5
08/31/2022 3:39:30PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
209980 8/31/2022 010338 POOLAND ELECTRICAL,

PRODUCTS INC
209981 8/31/2022 000418 RIVERSIDE CO CLERK AND,

RECORDER
209982
8/31/2022
010777

RIVERSIDE CO EXECUTIVE
OFFICE
209983
8/31/2022
000406

RIVERSIDE CO SHERIFFS
DEPT
209984
8/31/2022
000406

RIVERSIDE CO SHERIFFS
DEPT
209985
8/31/2022
017699

SARNOWSKI SHAWNA M

PRESTON
209986 8/31/2022 000519 SOUTH COUNTY PEST

CONTROL INC
(Continued)
Description Amount Paid Check Total
VARIOUS SUPPLIES: SPLASH PAD: PW 50.00 50.00
LEGAL DOCUMENTS/MAPS: PLANNING

50.00 LEGAL DOCUMENTS/MAPS: PLANNI

20.00 LEGAL DOCUMENTS/MAPS: PLANNI

10.00 80.00
Animal Shelter Debt service fees FY
93,860.00
93,860.00
07/01-07/27 LAW ENFORCEMENT
2,386,451.81
2,386,451.81
FY21/22 RMS/CLETS SRVCS: POLICE
180,937.00
180,937.00
PHOTOGRAPHY SERVICES: DARRELL
175.00
ISSA
PHOTOGRAPHY SERVICES: LAND U
175.00
PHOTOGRAPHY SERVICES: COUNC
175.00
525.00
PEST CONTROL SVCS: VARIOUS
493.00
PARKS
PEST CONTROL SVCS: TCC
123.00
PEST CONTROL SVCS: TCC/PANTRI
123.00
PEST CONTROL SVCS: CIVIC CTR
120.00
PEST CONTROL SVCS: CIVIC CENTE
120.00
PEST CONTROL SVCS: HARVESTON

95.00 PEST CONTROL SVCS: CRC

90.00 PEST CONTROL SVCS: THEATER

90.00 PEST CONTROL SVCS: PARKING GP

90.00 PEST CONTROL SVCS: THEATER

90.00 PEST CONTROL SVCS: CRC

90.00 PEST CONTROL SVCS: JRC

74.00 PEST CONTROL SVCS: BIRDSALL PI

70.00 PEST CONTROL SVCS: TVE2

56.00 PEST CONTROL SVCS: FOC

52.00 PEST CONTROL SVCS: WOLF CREE

49.00 PEST CONTROL SVCS: WOLF CREE

49.00 PEST CONTROL SVCS: MUSEUM

42.00 PEST CONTROL SVCS: MUSEUM

42.00 PEST CONTROL SVCS: WEST WING

40.00 PEST CONTROL SVCS: CHILDRENS

36.00 PEST CONTROL SVCS: CHILDRENS

36.00 PEST CONTROL SVCS: WEDDING Cl

32.00 PEST CONTROL SVCS: WEDDING Cl

32.00 PEST CONTROL SVCS: SENIOR CTF

29.00 PEST CONTROL SVCS: SENIOR CEN

29.00 2,192.00
Page:5

apChkLst Final Check List Page: 6
08/31/2022 3:39:30PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
209987
8/31/2022
007762

STANDARD INSURANCE

BASIC LIFE INSURANCE PAYMENT

COMPANY
209988
8/31/2022
012723

STANDARD INSURANCE

VOLUNTARY SUPP LIFE INSURANCE

COMPANY

PAYMENT
209989
8/31/2022
018688
SUPERIOR READY MX L.P.

CONCRETE MATERIALS: STREET
MAINT: PW
CONCRETE MATERIALS: STREET M
209990
8/31/2022
001547
TEAMSTERS LOCAL 911

UNION MEMBERSHIP DUES PAYMENT
209991
8/31/2022
007709

TOYOTA OF TEMECULA VALLEY
PRIUS REPAIRS: PLANNING
209992
8/31/2022
011618

TSI INCORPORATED
SOUND METERS: CODE ENF
209993
8/31/2022
000161

TYLER TECHNOLOGIES, INC
MUNIS MAINTENANCE: FINANCE
209994
8/31/2022
020963

UPTOWN TEMECULAAUTO SPA
JUL VEHICLE DETAILING SVCS:

LLC

STREET MAINT
JUL VEHICLE DETAILING SVCS: STR
JUL VEHICLE DETAILING SVCS: CIP:
209995
8/31/2022
014850

VALLEY PRINTING SERVICES,
PRINTING SVCS: FLYERS: CITY MGR
INC.
209996
8/31/2022
001342

WAXIE SANITARY SUPPLY INC
CLEANING SUPPLIES: FOC
Amount Paid Check Total
10,476.69 10,476.69
1,215.38 1,215.38
1,519.35
1,479.35
2,998.70
4,487.96
4,487.96
441.80
441.80
5,580.33
5,580.33
85,853.00
85,853.00

25.00 5.00

5.00 35.00
100.05
100.05

82.00 82.00
Grand total for UNION BANK: 8,075,682.17
Page.-6

apChkLst Final Check List Page: 7
08/31/2022 3:39:30PM CITY OF TEMECULA
81 checks in this report.

Grand Total All Checks: 8,075,682.17
Page:7

apChkLst Final Check List Page: 1
08/30/2022 1:31:12PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
502985
9/1/2022
022546

AIRWAVE COMMUNICATIONS,
ANTENNA SPEAKER MICS: RISK

ENTERPRISES
502986
9/1/2022
004240

AMERICAN FORENSIC NURSES
SEP STAND BY FEE: POLICE
AFN
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
502987
9/1/2022
013950

AQUA CHILL OF SAN DIEGO
AUG DRINKING WTR SYS MAINT:

MPSC: PW
AUG DRINKING WTR SYS MAINT: TCC: P
AUG DRINKING WTR SYS MAINT: FOC: P
AUG DRINKING WTR SYS MAINT: PW
AUG DRINKING WTR SYS MAINT: CIVIC
JUL DRINKING WTR SYS MAINT: CIVIC C
502988
9/1/2022
021400

AYERS ELECTRIC INC
ELECTRICAL MAINT SVCS: RRSP:

PARKS
ELECTRICAL MAINT SVCS: HARVESTON
ELECTRICAL WORK: TCC
MAT'LS INSTALLATION: UTILITY UNDERC
502989
9/1/2022
022790

CLEARSTAR INC
PRE -EMPLOYMENT SCREENINGS: HR
PRE -EMPLOYMENT SCREENINGS: HR
502990
9/1/2022
017542

COX, KRISTI LYN

TCSD INSTRUCTOR EARNINGS
502991
9/1/2022
010650

CRAFTSMEN PLUMBING &

HVAC INC
502992
9/1/2022
001393

DATA TICKET INC, DBA

REVENUE EXPERTS
502993
9/1/2022
020648
DG INVESTMENT HOLDINGS 2

INC, CONVERGINT

TECHNOLOGIES
502994
9/1/2022
003945

DIAMOND ENVIRONMENTAL
SRVCS
502995 9/1/2022 019720 DIVERSIFIED WATERSCAPES
INC
PLUMBING REPAIR: FIRE STA 92
FLOOR SINK REPLACE: FOC: PW
JUL CITATIONS PROCESSING: POLICE
MAINT OF SECURITY SYSTEM: INFO
TECH
PORTABLE RESTROOMS: PW PARKS
PORTABLE RESTROOMS: PW PARKS
RESTROOM RENTAL: 4TH OF JULY: TCSI
RESTROOM RENTAL: 4TH OF JULY: TCSI
PORTABLE RESTROOMS: PW PARKS
PORTABLE RESTROOMS: PW PARKS
MAR WTR QUALITY MAINT: DUCK

POND/HARVEST
Amount Paid Check Total
2,426.37
1,420.55
157.91

62.01 35.89

28.28 28.28

29.09 213.97
213.97
200.00
200.00
1,500.00
550.00
139.55
106.69
1,146.60
277.19
2,467.32
947.12
1,412.80
110.88
165.88
1,464.20
15,916.15
110.88
110.88
7,213.00
2,426.37
1,640.47
549.48
2,450.00
246.24
1,146.60
2,744.51
947.12
1,412.80
17,878.87
7,213.00
Page:1

apChkLst
08/30/2022
1:31:12PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
502996
9/1/2022
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: FIRE DEPT
232.65
FUEL FOR CITY VEHICLES: TRAFFIC: PV1
521.07
FUEL FOR CITY VEHICLES: PARKS: PW
1,701.30
FUEL FOR CITY VEHICLES: POLICE DEP
101.88
FUEL FOR CITY VEHICLES: STREET MAI
790.94
FUEL FOR CITY VEHICLES: LAND DEV: P
133.00
FUEL FOR CITY VEHICLES: TCSD
570.91
4,051.75
502997
9/1/2022
012217
DUDEK

JUL URBAN FOREST MGMT PLAN &
5,530.00

INVENTORY

JUL URBAN FOREST MGMT PLAN & INVE
165.00
5,695.00
502998
9/1/2022
018098

ELITE CLAIMS MANAGEMENT
JUL'22 3RD PARTY CLAIM ADMIN: WC
1,250.00
1,250.00
INC
502999
9/1/2022
015966

ERGO SOLUTION INC
ERGONOMIC EVALUATION: STUART
500.00
500.00
KUHN
503000
9/1/2022
022726

FORENSIC NURSING OF
Sexual assault exams: Tern Sheriff
800.00
800.00

SOCAL INC
503001
9/1/2022
014865

FREIZE UHLER KIMBERLY DBA,
PROMOTIONAL ITEMS: ECON DEV
383.51
383.51

CLEAR BLUE PROMOTIONS
503002
9/1/2022
000177

GLENNIES OFFICE PRODUCTS
OFFICE SUPPLIES: FIRE STA84

31.81 INC
Misc office supplies: Finance—

36.41 MISC OFC SUPPLIES: FINANCE

58.73 126.95
503003
9/1/2022
003792

GRAINGER
SMALL TOOLS & EQUIPMENT: PARKS

63.55 MISC STAGE SUPPLIES: THEATER

53.42 116.97
503004
9/1/2022
003342

HABITAT FOR HUMANITY,
CDBG REIMB: TANIS
11,518.16

INLAND VALLEY INC
CDBG REIMB: TERRELL
14,973.16
26,491.32
503005
9/1/2022
020628

HASA INC
POOL SANITIZING CHEMICALS: VARI
1,205.16
POOLS
POOL SANITIZING CHEMICALS: VARI PO
526.56
1,731.72
503006
9/1/2022
000520

HDL COREN AND CONE
JUL-SEP PROP TAX CONSULTING:
6,557.69
6,557.69

FINANCE
503007
9/1/2022
001135

HEALTHPOINTE MEDICAL
MEDICAL SCREENINGS: HR
100.00
GROUP INC, DBA: FIRST CARE

INDUSTRIA
MEDICAL SCREENINGS: HR
1,448.00
MEDICAL SCREENINGS: HR
138.00
1,686.00
503008
9/1/2022
022033

IE GENERAL ENGINEERING
CONSTN CONTRACT SVCS: RRSP: CIP
168,247.38
168,247.38
INC
Paget

apChkLst Final Check List
08/30/2022 1:31:12PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
503009 9/1/2022 005579 INLAND EMPIRE PROPERTY

SERVICES, INC
503010
9/1/2022
001282

KNORR SYSTEMS INC
503011
9/1/2022
000482

LEIGHTON CONSULTING INC
503012
9/1/2022
003726

LIFE ASSIST INC
503013
9/1/2022
018675

MDG ASSOCIATES INC
503014 9/1/2022 004043 MISSION ELECTRIC SUPPLY
INC
(Continued)
Description Amount Paid

WEED ABATEMENT SVCS - CODE ENF
687.00

WEED ABATEMENT SVCS - CODE ENF
1,127.00

WEED ABATEMENT SVCS - CODE ENF
642.00

WEED ABATEMENT SVCS - CODE ENF
477.00

WEED ABATEMENT & TRASH REMOVAL SVCS
8,858.00

WEED ABATEMENT SVCS - CODE ENF
322.00

WEED ABATEMENT SVCS - CODE ENF
349.50

WEED ABATEMENT SVCS - CODE ENF
322.00

WEED ABATEMENT SVCS - CODE ENF
377.00

WEED ABATEMENT SVCS - CODE ENF
2,224.50

WEED ABATEMENT SVCS - CODE ENF
2,112.00
MISC POOL SUPPLIES: PARKS: PW
113.00
MAT'L TESTING SVCS: RRSP RENO
4,672.80
EMERGENCY RESP EQUIP: CRC: TCSD
318.91
JUL LABOR COMPLIANCE SVCS:
1,106.88
PW20-13
MISC ELECTRICAL SUPPLIES: CIVIC
-132.38
CTR
ELECTRICAL SUPPLIES: PARKS: PW
503.34
MISC ELECTRICAL SUPPLIES: THEATER

41.06 ELECTRICAL SUPPLIES: PARKS: PW
460.08
503015
9/1/2022
004040

MORAMARCO ANTHONY J,

TCSD INSTRUCTOR EARNINGS
1,841.00

DBA BIGFOOT GRAPHICS
503016
9/1/2022
020946

MUSSON THEATRICAL INC
Misc.Supplies: Theater

93.50 503017
9/1/2022
022599

NIEVES LANDSCAPE INC
JUL LDSCP MAINT: MEDIANS
20,836.90
TURF REPLACEMENT PROJECT: DUCK POND
34,502.00
JUL LDSCP MAINT: 1-15/79 INTERCHANGE
6,977.00
503018
9/1/2022
014173

NPG INC DBA, GOLDSTAR
ASPHALT REPAIRS: GEN
41,990.00

ASPHALT PRODUCTS

KEARNY/MARGARITA
ASPHALT REPAIRS: MEADOWVIEW
84,880.00
503019
9/1/2022
021998

OLD TOWN TIRE AND SERVICE
VEHICLE MAINT: TRAFFIC MAINT
1,827.76
INC
VEHICLE MAINT: TRAFFIC MAINT: PW
1,724.00
VEHICLE MAINT: STREET MAINT: PW
701.32
MAINT SVS REC N ROLL: MINIVAN: TCSD

48.78 CITY VEHICLE MAINT: PREVENTION: FIRE

39.94 Page: 3
Check Total
17,498.00
113.00
4,672.80
318.91
1,106.88
872.10
1,841.00

93.50 62,315.90
126,870.00
4,341.80
Page:3

apChkLst Final Check List Page: 4
08/30/2022 1:31:12PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
503020 9/1/2022 022537 REFRIGERATION SUPPLIES,

DISTRIBUTOR
503021 9/1/2022 002412 RICHARDS WATSON AND

GERSHON
(Continued)
Description
Amount Paid Check Total
MISC HVAC SUPPLIES: CIVIC CENTER
310.38
MISC HVAC SUPPLIES: TVE2
113.52
MISC HVAC SUPPLIES: THEATER
343.07
MISC HVAC SUPPLIES: CIVIC CENTER
286.88
MISC HVAC SUPPLIES: LIBRARY
201.50
MISC HVAC SUPPLIES: THEATER

13.85 MISC HVAC SUPPLIES: CONF CTR: PW

76.30 MISC HVAC SUPPLIES: CIVIC CTR
1,055.97
JUL 2022 LEGAL SERVICES
236.00
JUL 2022 LEGAL SERVICES
20,291.37
JUL 2022 LEGAL SERVICES
23,688.88
JUL 2022 LEGAL SERVICES

59.00 JUL 2022 LEGAL SERVICES
528.00
JUL 2022 LEGAL SERVICES
396.50
JUL 2022 LEGAL SERVICES
2,274.27
503022
9/1/2022
004274

SAFE AND SECURE
SECURITY SAFE WITH DIGITIAL SAFE:
1,339.80

LOCKSMITH SRVC
FINANC
LOCKSMITH SVCS: PARKS: PW

55.46 503023
9/1/2022
020922
EMPLOYEE #00529
REIMB: PTSC COMMISSION: TRAFFIC

82.03 503024
9/1/2022
009213

SHERRY BERRY MUSIC
JAZZ @ THE MERC 8/18
685.00
503025
9/1/2022
000645

SMART AND FINAL INC
RFRSHMNTS: HUMAN SVCS & MPSC
298.05
503026
9/1/2022
002366

STEAM SUPERIOR CARPET
CARPET/TILE CLEANING: THEATER
1,720.00

CLEANING
503027
9/1/2022
003840

STRONG'S PAINTING
PAINT SEAT ARMRESTS: THEATER
4,320.00
503028
9/1/2022
000668

TIMMY D PRODUCTIONS INC
DJ SVCS: ART OFF THE WALLS: TVM
700.00
DJ SVCS: SECOND SAT: TVM
275.00
503029
9/1/2022
017415

TK ELEVATOR CORPORATION
ELEVATOR MAINT SVCS: CRC
5,359.20
503030
9/1/2022
018147
WADDLETON, JEFFREY L.

DJ/MC SVCS: BOAT REGATTA: TCSD
525.00
503031
9/1/2022
020275

WALLACE & ASSOC
PROJECT INSP & OVERSIGHT:

69.00 CONSULTING LLC, ANSER
PW18-03

ADVISORY MNGMT LLC
INSPECTION SVS: PW-LAND DEV/NPDE;
31,467.00
PROJECT INSP & OVERSIGHT: PW18-11
138.00
Grand total for
EFT UNION BANK:
2,401.47
47,474.02
1,395.26

82.03 685.00
298.05

1.720.00
4,320.00
975.00
5,359.20
525.00
31,674.00
573,246.67
Page:4

apChkLst Final Check List Page: 5
08/30/2022 1:31:12PM CITY OF TEMECULA
47 checks in this report.

Grand Total All Checks: 573,246.67
Page:5

apChkLst Final Check List Page: 1
09/08/2022 3:58:08PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
13896
8/29/2022
000246

PERS (EMPLOYEES'

PERS RETIREMENT PAYMENT

RETIREMENT)
14006
8/26/2022
000262

RANCHO CALIF WATER
3031158 NACKE DR

DISTRICT
14070
8/24/2022
001212

SO CALIF GAS COMPANY
JUL 015-575-0195-2: 32211 WOLF

VALLEY RD
14080
9/1/2022
017429

COBRAADVANTAGE INC, DBA

FSA REIMBURSEMENT PAYMENT

THE ADVANTAGE GROUP
14083
9/1/2022
000444

INSTATAX (EDD)

STATE TAX PAYMENT
14084
9/1/2022
000283

INSTATAX (IRS)

FEDERAL TAX PAYMENT
14085
9/1/2022
001065

NATIONWIDE RETIREMENT

NATIONWIDE RETIREMENT PAYMENT

SOLUTION
14086
9/1/2022
019088

NATIONWIDE RETIREMENT

NATIONWIDE LOAN REPAYMENT

SOLUTION

PAYMENT
14087
9/1/2022
000389

NATIONWIDE RETIREMENT

OBRA- PROJECT RETIREMENT

SOLUTION

PAYMENT
14088
9/1/2022
000245

PERS - HEALTH INSUR

PERS HEALTH PAYMENT

PREMIUM

PERS HEALTH PAYMENT
209997
9/8/2022
001517

AETNA BEHAVIORAL HEALTH
SEP EMPLOYEE ASSISTANCE PRGM:

LLC, DBA AETNA RESOURCES
HR
Amount Paid Check Total
139,511.82
139,511.82
31,290.22
31,290.22
206.25
206.25
23,504.18
23,504.18
39,809.73
39,809.73
118, 700.45
118, 700.45
14,937.21
14,937.21
427.79
427.79
5,064.18
5,064.18
158,533.75

0.00 158,533.75
1,535.60
1,535.60
Page:1

apChkLst Final Check List Page: 2
09/08/2022 3:58:08PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
209998 9/8/2022 007282 AMAZON CAPITAL SERVICES
INC
209999 9/8/2022 007065 B&H PHOTO & ELECTRONICS
CORP
210000 9/8/2022 015592 BAMM PROMOTIONAL

PRODUCTS INC
210001 9/8/2022 022568 BIO CLEAN ENVIRONMENTAL,

SERVICES INC
►�iGId�y�7E:if��i>i�E:TiK)♦ 1�):�C�P►[K�L�I7_1�1'1
(Continued)
Description
BLUETOOTH SPKR: VINEYARD CONF
RM: IT
MISC OFC SUPPLIES: PREVENTION: FIR
MISC SUPPLIES: HR
MISC OFC SUPPLIES: FINANCE
MISC OFC SUPPLIES: FINANCE
MISC OFC SUPPLIES: FINANCE
MISC BOOKS: RHRTPL: TCSD
SUPPLIES: HUMAN SVCS: TCSD
MISC OFC SUPPLIES: CHIEF/BC: FIRE
MISC SUPPLIES: CHIEF/BC: FIRE
MISC OFC SUPPLIES: FINANCE
MISC OFC SUPPLIES: PREVENTION: FIR
MISC OFC SUPPLIES: TEM SHERIFF
MISC BOOKS: RHRTPL: TCSD
MISC BOOKS: RHRTPL: TCSD
MISC BOOKS: RHRTPL: TCSD
MISC SUPPLIES: FIRE STA 12
CAMERA REPLACEMENT: HARVESTON
MISC OFC SUPPLIES: HR
MISC AV EQUIPMENT. -PEG
MISC AV EQUIPMENT. PEG
STAFF UNIFORMS: TEAM PACE
STAFF UNIFORMS: SPEC EVENTS: TCSC
INLET FILTER & INSTALLATION:

NPDES: PW
RETAIL SITE SELECT/RECRUITMENT:

ECON
210003
9/8/2022
023031

CABUGUAS, JUN ANGELO
FROM THE GROUND UP 8/26
210004
9/8/2022
004971

CANON FINANCIAL SERVICES
AUG COPIERS LEASE: LIBRARY
INC
210005
9/8/2022
018828

CASC ENGINEERING AND,
JUL COMM ERCIAL/IND'L INSPECTIONS:

CONSULTING INC
NPDES
210006
9/8/2022
004462

CDW LLC, DBA CDW
MISC SMALL TOOLS & EQUIP:IT

GOVERNMENT LLC
MISC SMALL TOOLS & EQUIP:IT
MISC SMALL TOOLS & EQUIP:IT
KEYBOARD & MOUSE REPLACEMENT: Il
MISC SMALL TOOLS & EQUIP: INFO TECI
MISC SMALL TOOLS & EQUIP: IT
Amount Paid Check Total
140.28

46.74 109.04

82.16 249.85

39.98 379.46
491.88
-20.65

20.65 32.61

42.92 123.90

19.56 55.76
386.61

20.65 206.61
113.49
1,103.85
352.33
619.46
264.96
366,439.92
7,500.00
311.50
671.56
165.00
492.83
415.55

18.38 363.09
176.44

55.63 2,541.50
1,456.18
884.42
366,439.92
7,500.00
311.50
671.56
165.00
1,521.92
Paget

apChkLst Final Check List Page: 3
09/08/2022 3:58:08PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
210007
9/8/2022
021363

CELLEBRITE INC
CERTIFIED OPERATOR TRAINING:

POLICE
210008
9/8/2022
009640

CERTIFION CORP DBA
AUG ONLINE DATABASE SUBSCR:

ENTERSECT
POLICE
210009
9/8/2022
002945

CONSOLIDATED ELECTRICAL
ELECTRICAL SUPPLIES: PARKS: PW
DIST
210010
9/8/2022
001264
COSTCO TEMECULA 491
television:FOC fitness center
210011
9/8/2022
004329
COSTCO TEMECULA491
SUPPLIES: MPSC & HUMAN SVCS:

TCSD
SUPPLIES: MPSC & HUMAN SVCS: TCSD
MISC SUPPLIES: TVM/ACE
210012
9/8/2022
021077
EMPLOYEE #00542
REIMB: RFRSHMNTS: SPECIAL
EVENTS
210013
9/8/2022
001233

DANS FEED AND SEED INC
MISC SUPPLIES: STREET MAINT
210014
9/8/2022
012600

DAVID EVANS AND
JUL DSGN SVCS: DIAZ RD PROJ

ASSOCIATES INC
PW17-25
210015
9/8/2022
014359

DPREP INC
CRIME PREVENTION TRAINING:

POLICE
CRIME PREVENTION TRAINING: POLICE
CRIME PREVENTION TRAINING: POLICE
CRIME PREVENTION TRAINING: POLICE
210016
9/8/2022
022798

DS SERVICES OF AMERICA
WATER DELIVERY: CMO

INC, SPARKLETTS
210017
9/8/2022
023045

ESSENCE OYOS
REFUND: YOUTH MUSICAL

PRODUCTION
REFUND: YOUTH MUSICAL PRODUCTION
210018
9/8/2022
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: INFO TECH
210019
9/8/2022
009097

FULL COMPASS SYSTEMS
SOUND/LIGHTING SUPPLIES:

THEATER
SOUND/LIGHTING SUPPLIES: THEATER
210020
9/8/2022
019721

GOVCONNECTION INC
Computer loan purchases:IT
COMPUTER LOAN PURCHASES: INFO
TECH
Amount Paid Check Total
3,850.00
3,850.00
200.00
200.00
244.69
244.69
502.19
502.19
216.41
216.48
125.31
558.20

94.93 94.93

32.65 32.65
13,852.66
13,852.66
625.00
625.00
625.00
625.00
2,500.00

48.21 48.21
200.00
200.00
400.00

17.63 17.63
782.58
278.40
1,060.98
1,193.11
605.13
1,798.24
Page:3

apChkLst
09/08/2022
3:58:08PM
Final Check List

CITY OF TEMECULA
Page: 4
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
210021
9/8/2022
000186

HANKS HARDWARE INC
MISC SUPPLIES: SPEC EVENTS: TCSD
454.51
MISC MAINT SUPPLIES: TVM/ACE: TCSD

16.23 MISC SMALL TOOLS & EQUIP: LAND DE\

74.58 SMALL TOOLS AND EQUIP: TRAFFIC
212.33
EQUIPMENT/SUPPLIES: SPORTS: TCSD
1,073.18
1,830.83
210022
9/8/2022
003198

HOME DEPOT
MISC SUPPLIES: AQUATICS: TCSD
698.76
CRC EQUIPMENT: CABINETS: TCSD
761.23
1,459.99
210023
9/8/2022
020893

JEFF KATZ ARCHITECTURAL
DSGN SVCS: CRC SPLASH PAD:
41,995.00
41,995.00
CORP
PW21-07
210024
9/8/2022
014097
JIMNI SYSTEMS, INC.

SVC/INSPECT: PUMP STATIONS:
9,193.75
9,193.75

RRSP/RED HAW
210025
9/8/2022
017118

KRACH BREE B, DBA
LOCKER TAGS: FIRE STA 95
147.90

TEMECULA TROPHY& DES
TROPHIES/AWARDS/PLAQUES: TCSD

43.50 NAMETAGS: THEATER

70.69 262.09
210026
9/8/2022
014432

LANAIR GROUP LLC
ADDITIONAL MITEL LICENSES: INFO
2,056.00
2,056.00
TECH
210027
9/8/2022
019884

LEONIDA BUILDERS INC
STP NTC: SOCAL STORMWATER
-4,612.50
RUNOFF

SANTA GERTRUDIS CRK PEDESTRIAN E
192,863.14
188,250.64
210028
9/8/2022
004905

LIEBERT, CASSIDYAND
JUL HR LEGAL SVCS FOR TE060-00001
2,152.50

WHITMORE
JUL HR LEGAL SVCS FOR TE060-00011
3,155.50
MEMBERSHIP DUES: ERC MEMBERSHIP
900.00
6,208.00
210029
9/8/2022
015953

LLOYDS DESIGNS
GRAPHIC DESIGN: TCSD
2,500.00
2,500.00
210030
9/8/2022
003782

MAIN STREET SIGNS, DBA
VARIOUS SIGNS & SUPPLIES: PARKS:
404.06
404.06

ATHACO INC
PW
210031
9/8/2022
015959

MEHEULA MUSIC
1ST INSTALLMENT PERF: THEATER
5,000.00
5,000.00
PRODUCTIONS, AKA JAMES L.

FY22/23

MARABOTTO
210032
9/8/2022
019252

NATIONAL CHARITY LEAGUE
REFUND: SEC DEP: CRC
200.00
200.00
210033
9/8/2022
000727

NATIONAL FIRE PROTECTION
SUPPLIES: FIRE PREVENTION WEEK:
3,598.91
3,598.91

ASSN, LEADS ETC INC
FIRE
210034
9/8/2022
013319

NEW TANGRAM LLC, DBA
ERGO DESK MATERIALS: RISK
1,024.72
1,024.72

TANGRAM
Page:4

apChkLst Final Check List Page: 5
09/08/2022 3:58:08PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
210035
9/8/2022
002297

OVERLAND PACIFIC & CUTLER
ACQUISITION SVCS: NICOLAS/CALLE
LLC

GIRASOL
210036
9/8/2022
008143
EMPLOYEE #00382

COMPUTER PURCHASE PRGM
210037
9/8/2022
010338

POOLAND ELECTRICAL,
VARIOUS SUPPLIES: SPLASH PAD: PW

PRODUCTS INC
210038
9/8/2022
023006

POS SUPPLY SOLUTIONS INC
THERMAL PAPER FOR TRAFFIC: TEM

SHERIFF
210039
9/8/2022
019440

QUADIENT INC
POSTAGE FOR METER: TEM SHERIFF
210040
9/8/2022
014365

QUADIENT LEASING USA INC
POSTAGE METER LEASE: CENTRAL
SVCS
210041
9/8/2022
000406

RIVERSIDE CO SHERIFFS
BIO-TOX LAB FEES: PD
DEPT
210042
9/8/2022
017699

SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: THEATER

PRESTON
PHOTOGRAPHY SVCS: FUTURE PHYSIC
PHOTOGRAPHY SVCS: AOTW 8/5: TVM
PHOTOGRAPHY SVCS: SUMMER MEALS
210043
9/8/2022
017113

SCHOLASTIC INC EDUCATION
MISC BOOKS: RHRTPL: TCSD
210044
9/8/2022
000537

SO CALIF EDISON
AUGUST 700039423268 VARIOUS

LOCATIONS
AUGUST 700276704365 VARIOUS LOCAT
AUGUST 700116137841 VARIOUS LOCAT
210045
9/8/2022
021516

SOMERSET LP, DBA
CDBG RENTAL ASSISTANCE:

STONEWOOD APT HOMES

ROBERSON
210046
9/8/2022
000519

SOUTH COUNTY PEST
PEST CONTROL SVCS: SEVERAL

CONTROL INC
PARKS
PEST CONTROL SVCS: LIBRARY
EMERGENCY PEST CTRL: CHANTEMAR
PEST CONTROL SVCS: HARVESTON PK
EMERG PEST CONTROL SVCS: FRIEND;
PEST CONTROL: VAIL RANCH SLOPE
210047
9/8/2022
000293

STADIUM PIZZA INC
RFRSHMNTS: TCSD
210048
9/8/2022
008337

STAPLES BUSINESS CREDIT
CREDIT: OFFICE SUPPLIES: TCSD
MISC OFC SUPPLIES: TCSD
Amount Paid Check Total
28,190.00
28,190.00
1,945.06
1,945.06
1,023.15
1,023.15
439.36
439.36

23.76 23.76
4,985.10
4,985.10
4,002.00
4,002.00
250.00
175.00
225.00
175.00
825.00

20.38 20.38
1,030.32
479.52
33,068.40
34,578.24
1,017.00
1,017.00
493.00

90.00 94.00

95.00 94.00

94.00 960.00
223.02
223.02
-28.59

32.34 3.75
Page:5

apChkLst
09/08/2022
3:58:08PM
Final Check List

CITY OF TEMECULA
Page: 6
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
210049
9/8/2022
017814

STC TRAFFIC INC
TRAFFIC ENG SVCS: FIBER OPTIC
6,635.00
6,635.00

COMM PLAN
210050
9/8/2022
003941

TEMECULA WINNELSON
MISC PLUMBING SUPPLIES: PARKS
661.20
661.20

COMPANY
210051
9/8/2022
021242

TWOS COMPANY INC
WHOLESALE GIFT PRODUCTS: GIFT
272.60
SHOP:TVM
WHOLESALE GIFT PRODUCTS: GIFT SH,
1,131.17
1,403.77
210052
9/8/2022
020963

UPTOWN TEMECULAAUTO
JUL VEHICLE DETAILING SVCS: FIRE

80.00 SPA LLC
JUL VEHICLE DETAILING SVCS: PW PAR

15.00 JUL VEHICLE DETAILING SVCS: TCSD

10.00 105.00
210053
9/8/2022
007987

WALMART
MISC SUPPLIES FOR TVM/ACE: TCSD

44.12 MISC SUPPLIES: CRC: TCSD
312.53
356.65
210054
9/8/2022
001342

WAXIE SANITARY SUPPLY INC
CLEANING SUPPLIES: PARKS: PW
3,090.24
CLEANING SUPPLIES: PARKS: PW
7,761.76
10,852.00
210055
9/8/2022
000339

WEST PUBLISHING
AUG CLEAR SUBSCRIPTION: TEM
1,053.45
1,053.45

CORPORATION,

SHERIFF
DBA:THOMSON REUTERS
210056
9/8/2022
022900

WESTERN SYSTEMS INC
TRAFFIC EQUIPMENT: PW TRAFFIC
6,256.17
6,256.17
210057
9/8/2022
021148

WEX BANK
08/07-09/06 FUEL USAGE: POLICE
2,704.57
2,704.57
Grand total for UNION BANK:
1,312,421.18
Page6

apChkLst Final Check List Page: 7
09/08/2022 3:58:08PM CITY OF TEMECULA
checks in this report.

Grand Total All Checks: 1,312,421.18
Page:?

apChkLst
09/06/2022
1:26:48PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
503032
9/8/2022
021959

AMERICAN HEART
CPR/FIRSTAID: MEDIC: FIRE DEPT
2,476.95
2,476.95

ASSOCIATION INC
503033
9/8/2022
000936

AMERICAN RED CROSS,
LIFEGAURD TRAINING CERTS:
128.25
128.25

HEALTH AND SAFETY SVCS
AQUATICS: TCSD
503034
9/8/2022
022670

BROWN, JAMAL DEON, DBA

TCSD INSTRUCTOR EARNINGS
3,080.00
3,080.00

JDB TRAINING
503035
9/8/2022
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: BLDG
397.42

INSPECTORS
FUEL FOR CITY VEHICLES: CODE ENFOI

37.04 FUEL FOR CITY VEHICLES: PARK RANGE
257.20
691.66
503036
9/8/2022
004068

ECALDRE MANALILI-DE VILLA,

TCSD INSTRUCTOR EARNINGS
2,226.00
2,226.00
AILEEN
503037
9/8/2022
002577

ENGINEERING RESOURCES,
ENG CONSULT SVCS: OVERLAND:
7,257.20
7,257.20
OF SOUTHERN CALIF., INC.

PW20-11
503038
9/8/2022
014865

FREIZE UHLER KIMBERLY DBA,
PROMOTIONAL ITEMS: ECO DEV
879.55

CLEAR BLUE PROMOTIONS
MISC PROMOTIONAL ITEMS: ECO DEV
729.82
1,609.37
503039
9/8/2022
021365

GEORGE HILLS COMPANY INC
CLAIMS ADMINISTRATION: RISK
2,032.80
2,032.80
503040
9/8/2022
010530
I P C INDUSTRIES INC, DBA:

GOLF CART RENTAL: COLOR RUN:
2,322.88
2,322.88

PRESTIGE GOLF CARS
TCSD
503041
9/8/2022
022056

IDETAIL SUPPLY CO
ENGINE MAINT SUPPLIES: FIRE STA 92
189.73
189.73
503042
9/8/2022
012883

JACOB'S HOUSE INC

EMPLOYEE CHARITY DONATIONS

40.00 40.00

PAYMENT
503043
9/8/2022
003726

LIFE ASSIST INC
EMERG MEDICAL SUPPLIES: FIRE
239.47
EMERG MEDICAL SUPPLIES: FIRE

20.25 MEDICAL SUPPLIES: MEDIC: FIRE
196.73
456.45
503044
9/8/2022
012264

MIRANDA, JULIO C

TCSD INSTRUCTOR EARNINGS
487.20
487.20
503045
9/8/2022
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: OLD TOWN
732.45
INC
MAINT
ELECTRICAL SUPPLIES: PARKS
3,085.02
ELECTRICAL SUPPLIES: HISTORY MUSE
139.74
3,957.21
503046
9/8/2022
022599

NIEVES LANDSCAPE INC
AUG LDSCP MAINT SVCS: PW FACS
10,454.50
AUG LDSCP MAINT SVCS: I-15/79 S: PWC
6,977.00
17,431.50
Page:1

apChkLst Final Check List Page: 2
09/06/2022 1:26:48PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date
Vendor
Description
503047 9/8/2022
021121 OCCUPATIONAL HEALTH CTR
PRE -EMPLOYMENT SCREENINGS: HR

OF CA, DBA CONCENTRA

MEDICAL CTR
PRE -EMPLOYMENT SCREENINGS: HR
503048 9/8/2022
021998 OLD TOWN TIRE AND SERVICE
CITY VEHICLE MAINT: PREVENTION:

INC
FIRE
503049 9/8/2022
005075 PRUDENTIAL OVERALL
UNIFORM SVCS: PARK MAINT
SUPPLY
FLOOR MATS/TOWEL RENTALS: CRC
FLOOR MATS/TOWEL RENTALS: CRC
FLOOR MATS/TOWEL RENTALS: CRC
FLOOR MATS/TOWEL RENTALS: CIVIC C
FLOOR MATS/TOWEL RENTALS: FOC
UNIFORM SVCS: PW PARKS
UNIFORM SVCS: PARKS MAINT: PW
UNIFORM SVCS: PARKS MAINT: PW
UNIFORM SVCS: PW PARKS
UNIFORM SVCS: STREET MAINT: PW
UNIFORM SVCS: STREET MAINT: PW
FLOOR MATS/TOWEL RENTALS: CIVIC C
FLOOR MATS/TOWEL RENTALS: CIVIC C
FLOOR MATS/TOWEL RENTALS: CIVIC C
FLOOR MATS/TOWEL RENTALS: FOC
FLOOR MATS/TOWEL RENTALS: FOC
FLOOR MATS/TOWEL RENTALS: CHILDR
FLOOR MATS/TOWEL RENTALS: CIVIC C
UNIFORM SVCS: PW PARKS
UNIFORM SVCS: PW PARKS
UNIFORM SVCS: PW STREETS
FLOOR MATS/TOWEL RENTALS: SENIOR
UNIFORM SVCS: PW PARKS
UNIFORM SVCS: PW PARKS
503050 9/8/2022
002412 RICHARDS WATSON AND
JUL 2022 LEGAL SERVICES

GERSHON
JUL 2022 LEGAL SERVICES
503051 9/8/2022
009746 SIGNS BY TOMORROW
SIGN POSTING SVCS: PLANNING
SIGN POSTING SVCS: PA21-0987: PLNG
SIGN POSTING SVCS: PA21-1455: PLNG
SIGN POSTING SVCS: PLANNING
503052 9/8/2022
013482 SILVERMAN ENTERPRISES
SECURITY SVCS: COLOR RUN: TCSD

INC, DBA BAS SECURITY
Amount Paid Check Total
108.00
105.00 213.00

21.75 21.75

81.73 29.51

29.51 29.51

95.70 9.70

60.06 60.06

48.59 48.59

95.70 95.70

95.70 9.70

9.70 21.37

95.70 57.63

57.63 44.18

23.15 60.06

60.06 1,339.36

71.50 1,563.50
1,635.00
590.63
213.75
427.50
213.75
1,445.63
406.87 406.87
Paget

apChkLst
09/06/2022
1:26:48PM
Final Check List

CITY OF TEMECULA
Page: 3
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503053
9/8/2022
022051

SINGH GROUP INC

HOMELESS ENCAMPMENT CLEANUP
3,651.00

HOMELESS ENCAMPMENT CLEANUP
7,252.00

HOMELESS ENCAMPMENT CLEANUP
3,626.00

HOMELESS ENCAMPMENT CLEANUP
3,701.00

HOMELESS ENCAMPMENT CLEANUP
7,227.00
25,457.00
503054
9/8/2022
014783

SOFTRESOURCES, LLC
CONSULTING: FINANCIAL SYS
462.52
462.52

UPGRADE MUNIS
503055
9/8/2022
003849

TERRYBERRY COMPANY
Employee Service Recognition

90.64 EMPLOYEE SVC RECOGNITION: HR
211.58
EMPLOYEE SVC RECOGNITION: HR
112.05
414.27
503056
9/8/2022
008977

VALLEY EVENTS INC
RENTALS/FACE PAINT: COLOR RUN:
5,395.00
5,395.00
TCSD
503057
9/8/2022
018147
WADDLETON, JEFFREY L.

DJ/MC SOUND SVCS: PUMP TRACK
1,950.00
1,950.00
EVENT
503058
9/8/2022
020275

WALLACE & ASSOC
ON -CALL CM SVCS: VARIOUS CIP
897.00
897.00

CONSULTING LLC, ANSER

PROJECTS

ADVISORY MNGMT LLC
503059
9/8/2022
000820

WINCHAK KRIS R, DBA K R W &
ENG PLAN CHECK & REVIEW: LAND
1,960.00
1,960.00

ASSOCIATES
DEV
Grand total for EFT UNION BANK:
85,984.60
Page:3

apChkLst Final Check List Page: 4
09/06/2022 1:26:48PM CITY OF TEMECULA
28 checks in this report.

Grand Total All Checks: 85,984.60
Page:4

apChkLst Final Check List Page: 1
09/09/2022 2:13:46PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
210058 9/9/2022 000186 HANKS HARDWARE INC
Description
Amount Paid Check Total
MISC MAINT SUPPLIES: CIVIC
3,601.61

CTR/OLD TOWN
MISC MAINT SUPPLIES: STREETS MAIM
3,181.23
MISC MAINT SUPPLIES: PARKS: PW
1,316.36
MISC MAINT SUPPLIES: STREETS MAIM
1,096.72
MISC MAINT SUPPLIES: AQUATICS
817.86
MISC HRDWR SUPPLIES: FIRE DEPT
469.58
MISC MAINT SUPPLIES: CRC
468.31
MISC MAINT SUPPLIES: THEATER
323.55
MISC MAINT SUPPLIES: AQUATICS
134.18
MISC MAINT SUPPLIES: IWTCM
123.40
MISC MAINT SUPPLIES: MPSC

47.67 MISC MAINT SUPPLIES: FOC

47.08 MISC MAINT SUPPLIES: TPL

38.66 MISC MAINT SUPPLIES: PRKG GARAGE

34.78 SUPPLIES/SMALL TOOLS: HARVESTON:

24.35 MISC MAINT SUPPLIES: TVM

23.56 11,748.90
Grand total for UNION BANK: 11.748.90
Page:1

apChkLst Final Check List Page: 2
09/09/2022 2:13:46PM CITY OF TEMECULA
checks in this report.

Grand Total All Checks: 11,748.90
Paget

Item No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: September 27, 2022
SUBJECT: Adopt Ordinance 2022-11 Approving the Planned Development Overlay Amendment (PA20-1324) (Second Reading)
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2022-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING A PLANNED DEVELOPMENT

OVERLAY AMENDMENT TO THE TEMECULA VILLAGE
PLANNED DEVELOPMENT OVERLAY (PDO-5)

GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO
CALIFORNIA ROAD, APPROXIMATELY 150 FEET WEST OF
COSMIC DRIVE (APN: 944-370-001, 005, 006, 007, 008, 010, 012, 013) (PA20-1324)
BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present.

Ordinance No. 2022-11 was first introduced at the regularly scheduled meeting of September 13, 2022.

FISCAL IMPACT: None
ATTACHMENTS: 1. Ordinance

2. Exhibit A

ORDINANCE NO.2022-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF TEMECULA APPROVING A PLANNED

DEVELOPMENT OVERLAY AMENDMENT TO THE

TEMECULA VILLAGE PLANNED DEVELOPMENT
OVERLAY (PDO-5) GENERALLY LOCATED ON THE

SOUTH SIDE OF RANCHO CALIFORNIA ROAD,
APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE
(APN: 944-370-001, 005, 006, 007, 008, 010, 012, 013) (PA20- 1324)

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

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

A. The Temecula Village Planned Development Overlay was approved by the City Council on October 22, 2002 by the adoption of Resolution No. 02-05. The Temecula Village Planned Development Overlay as approved shall be referred to in this Resolution as the "PDO".

B. On November 12, 2020, Pacific West Development filed Planning Application Nos. PA20-1323, a General Plan Amendment; PA20-1324, a Planned Development Overlay Amendment; PA20-1325, a Development Plan; and PA20-1326, a Tentative Tract Map. These applications (collectively "the Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code.

C. Collectively, the Project consists of a General Plan Amendment to amend the underlying General Plan Land Use designation of the project site from Professional Office (PO) to Medium Density Residential (M); a Planned Development Overlay Amendment for PDO-5; a Development Plan for a 134 unit apartment community built on 7.60 acres; and a Tentative Tract Map (TTM 38043) to combine eight (8) existing contiguous parcels into a single parcel.

D. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act.

E. A Negative Declaration (ND) was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). The Draft ND was prepared under staff s direction by Environmental Science Associates (ESA). Thereafter, City staff filed a Notice of Completion with the State Clearinghouse, and circulated a Notice of Intent with the Draft ND and Appendices to the public and other interested parties, for a 30-day public review and comment period for the Draft ND commenced on May 27, 2021 and concluded on June 27, 2021. Signs were placed on the property and a notice was placed in the local paper. The City of Temecula received two (2) written comments and responded to each comment in the Final ND, which includes all timely received written comments and responses thereto. Comments were received by the Riverside County Flood

Control and Water Conservation District and Temecula Valley Unified School District. The Final ND was provided to commenting agencies in compliance with State Law. The "Final ND" consists of the Draft ND and all of its appendices and the comments and responses to comments on the Draft ND. The Final ND was made available to the public and to all commenting agencies in accordance with the law.

F. On July 20, 2022 the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Negative Declaration and proposed Project at which time all persons interested in these actions had the opportunity and did address the Planning Commission.

G. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 2022-19 "A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE

CITY COUNCIL OF THE CITY OF TEMECULA ADOPT THE FINAL NEGATIVE DECLARATION FOR THE RENDEZVOUS PHASE II PROJECT CONSISTING OF A 134

UNIT APARTMENT COMMUNITY GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE (APN'S: 944-370-001, 005, 006, 007, 010, 012, 013) (PA20-1324)." H. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2022-21 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA

APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE TEMECULA VILLAGE PLANNED DEVELOPMENT OVERLAY (PDO-5) GENERALLY

LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 150 FT WEST OF COSMIC DRIVE. (APN: 944-370-001, 005, 006, 007, 008, 010, 012, 013) (PA20-1324)."
I. On September 13, 2022, the City Council considered the Project and the Negative Declaration at a duly noticed public hearing which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Negative Declaration.

J. Following the public hearing, the Council adopted Resolution No. 2022-72"A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE

FINAL NEGATIVE DECLARATION FOR THE RENDEZVOUS PHASE II PROJECT CONSISTING OF A 134 UNIT APARTMENT COMMUNITY GENERALLY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 150 FEET WEST OF COSMIC DRIVE (APN'S: 944-370-001, 005, 006, 007, 010, 012, 013) (PA20-1324)." Resolution No. 2022-72 and the findings therein are hereby incorporated by this reference as set forth in full.

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

Section 2. Provisions for Fiscal Impact Payments
A. The City and owner estimate that the increased costs to the City of providing public safety and other municipal services to the area resulting from the General Plan Amendment and Planned Development Overlay Amendment for the Project will substantially exceed the municipal revenue from the Project ("City Services Deficit"). The City has received a Fiscal Impact Analysis, dated as of June, 2022 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors in interest, shall pay the City the sum of sum of Forty Four Dollars ($44.00) per Occupied Residential Property each year as mitigation for the City Services Deficit, with an increase in such payment each fiscal year in an amount of seventeen point forty four percent (17.44%) of the previous year's payment, as such increase may be adjusted as part of the yearly assessment or special tax levy as provided in a funding mechanism that may be approved by the City. "Occupied Residential Property" means an assessor's parcel in the Planned Development Overlay area for which building permits for residential construction have been issued, and a certificate of occupancy or final inspection has been issued, or as may be further defined in the City approved funding mechanism. Owner and its successors to the property within the Project may fulfill this obligation through a community facilities district established by the City pursuant to the Mello -Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or other appropriated financing mechanism approved by the City; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. Five years after the date of the first certificate of occupancy or final inspection is issued for a home in the Project and every five years after that, the owners of the properties may request that the City re-evaluate the yearly payments for the City Services Deficit and prepare an updated FIA to analyze the continuing impacts of the Project to the City's budget. The cost of the updated FIA shall be paid for by the owners of the properties within the Project.

Section 3. Legislative Findings. The City Council in approving the Planned Development Overlay/Zone Change hereby makes the following findings:

A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City.

The proposed Zone Change/Planned Development Overlay Amendment Ordinance conforms to the City of Temecula General Plan Land Use Element, as amended. Furthermore, the proposed Zone Change/Planned Development Overlay Amendment Ordinance directly responds to Goal I Policy LU-1.1 and LU-1.2 of the General Plan Land Use Element.

The proposed project is also consistent with the above General Plan Land Use Element goal and policy in that it is contributing to the development of housing that is suitable for the community's labor force in the form of an apartment community and has been designed to minimize impacts on surrounding land uses and infrastructure through required and proposed design guidelines and development standards, building orientation and location, circulation and access, and other features and requirements of the proposed Planned Development Overlay Amendment. Additionally, mitigation measures were not required as part of the Negative

Declaration as the potential for impacts to surrounding uses and infrastructure were determined not to be significant.

Section 4. Zoning Code Amendment. The City Council hereby amends Chapter 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT (PDO-5)) of Title 17 (Zoning) of the Temecula Municipal Code by amending Article VI, entitled "Temecula Village Planned Development Overlay District 5" to read as provided in Exhibit A, attached to this Ordinance and incorporated herein as thought set forth in full.

Section 6. Consistency with General Plan. On September 13, 2022, the City Council adopted Resolution No. 2022-73, which amended the Land Use Element Map of the Temecula General Plan to change the land use designation of the Project area from Professional Office (PO) to Medium Density (M) residential. Therefore, the foregoing amendments outlined in this Ordinance are consistent with the goals and policies of the General Plan for the City of Temecula.

Section 7. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance.

Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

Section 9. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of September, 2022.

Matt Rahn, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-11 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 131h day of September, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 271h day of September, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Rendezvous Planned Development Overlay District
Chapter 17.22, Sections 17.22.140 through 17.22.156
Table of Contents

17.22.140
Title

17.22.142
Purpose and Intent

17.22.143
Project Vision

17.22.144
Relationship With Development Code and Citywide Design Guidelines

1. Development Standards

2. Design Guidelines

3. Approval Authority

17.22.146
Use Regulations

17.22.148
Schedule of Permitted Uses

17.22.150 Design Standards and Setback Standards

17.22.152 Vehicular Circulation System Standards

17.22.154 Architectural and Landscape Design Standards

17.22.156 Incorporation of Exhibits
Exhibit 17.22.156 A-1 through A-3. Conceptual Site Plans Exhibit 17.22.156 B. Sidewalk Plan
Exhibit 17.22.156 C. Landscape Plan and Section Legend, Plans and Sections Exhibit 17.22.156 D. Monument Signs
Exhibit 17.22.156 E-1 through E-8. Conceptual Building Elevations Exhibit 17.22.156 F. Color and Material Board
Text of new section 17.22.156:

17.22.156 Incorporation of Exhibits. All development within the Rendezvous Planned Development Overlay District shall conform and comply with the requirements set forth in the following Exhibits, which exhibits are on file in the Official Records of the City Clerk and incorporated herein by this reference as though set forth in full and which are also reduced in size to be included in the Zoning Code Text:

Exhibit 17.22.156 A-1 through A-3. Conceptual Site Plans Exhibit 17.22.156 B. Sidewalk Plan
Exhibit 17.22.156 C. Landscape Plan and Section Legend, Plans and Sections Exhibit 17.22.156 D Monument Signs
Exhibit 17.22.156 E-1 through E-8. Conceptual Building Elevations Exhibit 17.22.156 F. Color and Material Board
E

RENDEZVOUS PLANNED DEVELOPMENT OVERLAY DISTRICT

17.22.140 TITLE
Sections 17.22.140 through 17.22.156 shall be known as "PDO-5" (Rendezvous Planned Development Overlay District).

17.22.142 PURPOSE AND INTENT
The Rendezvous Planned Development Overlay District (PDO-5) is intended to provide regulations for the safe and efficient operation, and creative design of a unique residential area within the City. PDO-5 encompasses 22.97 acres and is located on the south side of Rancho California Road, approximately 200 feet west of the intersection of Rancho California Road and Cosmic Way. PDO-5 consists of Medium Density Residential (7-12.9 dwelling units/acre).

The PDO area is surrounded by existing multi -family developments to the north and to the west and existing single-family developments to the south and to the east. This special overlay zoning district regulation is intended to be compatible and complimentary to the existing residential development and M (Medium Density Residential, 7-12.9 dwelling units/acre) proposed as part of the PDO. Performance standards, in addition to those referenced from the City's Development Code and City- wide Design Guidelines, have been provided to ensure internal project compatibility as well as compatibility with the adjacent single-family residential development and to protect these adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentially objectionable impacts. It is the intent of the City to use these special regulations to supplement the regulations of land uses and development already existing within the adopted Development Code.

17.22.143 PROJECT VISION
The Rendezvous Planned Development Overlay District (PDO) is intended to provide a comprehensive planning approach to the development of 22.97 acres. The project will include many design features including pedestrian scale of development, unique signage, gathering places, and transit provisions. This is accomplished through its design, development standards and guidelines that will be implemented at the Development Plan stage.

A total of two hundred ninety-four (294) apartment units may be developed in the PDO.

As depicted on Exhibit A-1, one hundred sixty (160) apartment units may be developed on the upper portion of the PDO ("Upper Site"), which is on the south side, and one hundred thirty-four (134) apartment units may be developed on the lower portion of the PDO ("Lower Site"), which is the North side of the PDO. Large, landscaped buffer areas have been provided within the PDO and the existing single-family development to the east and south.

Several obstacles to pedestrian access exist within the PDO, as well as to the existing single-family residential to the east and south, the existing multi -family residential to the north (across Rancho California Road) and the multi -family residential development to the west. A comprehensive sidewalk plan, which has been coordinated 3 with the landscape plan, is included as Exhibit B (Sidewalk Plan). This plan will foster pedestrian access within the site. When coupled with the existing/proposed pedestrian network, obstacles to pedestrian movement will be greatly reduced. At the time of the Building Department review, the internal access will be reviewed to ensure it complies with the current California Building Code.

17.22.144 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE

DESIGN GUIDELINES
A. Only multi -family residential land use shall be allowed in the Rendezvous Planned Development Overlay.

1. Development Standards.
a. The development standards in the Development Code (Chapter 17.06) that would apply to any development within a Medium Density Residential zoning district that are in effect at the time an application is deemed complete for the PDO except as approved along with this application. This includes site open space and private open space requirements, as well as overall project density.
b. Off -Street Parking and Loading Requirements per Chapter 17.24 of the Development Code will apply to the PDO.
c. Water Efficient Landscape Design Requirements per Chapter 17.32 of the Development Code will apply to the PDO.

2. Design Guidelines. The City -Wide Design Guidelines that are in effect at the time an application is deemed complete.
a. Chapter 5 (Multi -Family Residential Design Guidelines) for the PDO.

3. Approval Authority. The Conceptual Site Plan is depicted in Exhibits A-1 through A-3. Approximate building location, as well as approximate location of parking, drive lanes, and access, are shown on these Exhibits. The Conceptual Landscape Plan is depicted in Exhibit C and the Project Statistics are shown in Exhibits G-1 through G-3. Conformance with these Exhibits, as well as the provisions contained below will allow the Approval Authority for projects approved under PDO-5 as follows:
a. The approval requirements contained in the City of Temecula Development Code that are in effect at the time an application is deemed complete within the PDO.

4. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete.

17.22.146 USE REGULATIONS
M

Only multi -family residential land uses shall be allowed in the PDO.

17.22.150 DESIGN AND SETBACK STANDARDS
The following standards are designed to increase the compatibility within and adjacent to the PDO.

A. Building Setbacks.

All structures shall be setback a minimum of fifteen feet along the eastern property line, which abuts existing single-family residential development.

The height of the buildings along the eastern set back shall not exceed sixteen feet.

2. All structures shall be setback a minimum of fifteen feet along the western property line.

3. All structures shall be setback a minimum of forty-five feet along the southerly property line, which also abuts existing single-family residential development.

4. The northern setback from the property line at Rancho California Road shall be twenty-five feet except for the setback at Building 11, which shall be fifteen feet.

B. Pedestrian Linkages. Pedestrian linkages shall be provided in accordance with Exhibit B (Sidewalk Plan).

C. A pedestrian pathway system shall be provided within the PDO as shown on the Sidewalk Plan.

D. Building Height. The height of structures shall not exceed three (3) stories or forty (40) feet in height.

E. Trash Enclosures. No trash enclosures shall be permitted along Rancho California Road. All enclosures shall be architecturally compatible with the main building and screened with landscaping. Exact location shall be determined at the Development Plan stage.

F. Transit Provisions. Provisions for a transit stop shall be provided. Final location shall be determined at the Development Plan stage, through consultation with the developer, Riverside Transit Agency (RTA) and the City Traffic Engineer.

17.22.152 VEHICULAR CIRCULATION SYSTEM STANDARDS
Vehicular Circulation System Standards have been developed to assure that adequate vehicular access ingress and egress exist for the project, that internal project circulation and vehicle stacking are sufficient and that necessary emergency vehicle access requirements are met. A Conceptual Site Plan (Exhibit A) has been prepared with input from the Planning, Public Works and Fire Departments. Locations for buildings, access points from Rancho California Road and the western road, drive lanes, parking lots and parking lot landscaping have been provided on the conceptual plan in an effort to depict the overall development of the site. Minor changes or modifications to the conceptual plan

may occur provided they are reviewed and approved by the City of Temecula at the development plan stage.

Access Points: One access point to the project has been provided to the site from Rancho California Road and one from the westerly drive that is contiguous to the west property line.

1. Access to the PDO shall be provided from the access point on Rancho California Road.

2. A secondary access has been provided along the existing drive that runs along the PDO's westerly boundary.

17.22.154 ARCHITECTURAL AND LANDSCAPE DESIGN GUIDELINES Unless expressly stated below, Residential Architectural Guidelines for the PDO are contained within Chapter 5 of the City -Wide Design Guidelines.

A. ARCHITECTURAL DESIGN GUIDELINES

1. Form, Height And Massing
The Guidelines contained below correspond to the Conceptual Building Elevations (Elevations), contained in Exhibit D. Final design of the individual buildings will utilize the design concepts depicted on the Elevations and may vary from the Elevations depicted in ExhibitD.
• Buildings shall not exceed forty feet (40') in height. • Offsets in planes shall be used to reduce the mass of building walls, accent entry areas, and create architectural interest.
• Building forms shall be of simple geometry with sculptural or traditional forms acceptable.
• Pediment entries, colorful window and door trim shall be used for accent purposes. • Building entries shall be defined and articulated through the use of items such as columns and stone veneers.
• Recessed windows and entryways shall be used, especially at the ground level as they add interest tothe product.
• Windows or window -type elements are encouraged on second story elements. • Windows on the second floor shall line up with windows on the first floor, making the column/structure apparent.
• All sides of the buildings shall receive adequate detail treatment; however, reduced articulation shall be permitted for those sides of the buildings that are not clearly visible from public view.

2. Colors & Materials
The colors and materials for the PDO shall be consistent with the color and material

boards (Exhibit F). The purpose of the color and material board is to provide continuity between the components of the Rendezvous PDO.

A. Colors
The predominant building color includes a mixture of earth tones (grays, whites, yellows, tans and browns), similar to colors already used throughout the City of Temecula, other Southern California cities, Warm or light colors are the mostappropriate for trim.

Brighter colors shall be limited to signs, doors, window trim and other detailing related to pedestrian areas.

B. Materials
• Cement Plaster, or similar materials will be used predominantly throughout as will manufactured natural color stone, wood trellis and traditionally inspired concrete red "S" the roofing.
• Textured concrete tiles may be used on building elevations. • High quality, dark colored roofing, such as concrete S the are recommended. • Beams, posts and wooden or stone columns shall be simple with camps and toes. Care should be taken so that the width of the column is in proportion to the scale of the building.

3. Roof Forms
• Roofs shall be high enough to hide rooftop equipment. • Varied roof heights shall be incorporated to reduce building massing. • The use of cornices is strongly encouraged.

B. LANDSCAPE DESIGN GUIDELINES

1. Project -Wide Landscaping
The landscape theme is intended to support the architectural guidelines by creating screens and buffers where needed and views where opportunities exist.

Guidelines:

Plant material selection for street trees shall be determined by the City -Wide Design Guidelines and the Temecula Municipal Code, which shall complement the existing street trees on Rancho California Road.

Introduced plant materials will be installed so that they reflect the surrounding plant species.

Irrigation systems shall include low flow drip systems, consistent with the Section

17.32 of the City's Development Code (Water -Efficient Landscape Design).

2. Project Edges
Project edges will be the most visible components of the project. The intent is to provide a comprehensive landscape approach to the project, while paying attention to the particular needs of each edge condition. Plans and Sections are provided to guide future Development Plans in these areas. The Landscape Plan and Section

Legend, Plans and Sections are included as Exhibit C.
a. Rancho California Road Edae
Landscaping along Rancho California Road shall be complimentary to existing landscaping along Rancho California Road, as well as serve to identify the project. Streetscape plantings will be coordinated with interior streetscape and parking treatments as well as with adjacent parcel landscaping. An enhanced project entry will provide a gateway into the project. Reference Exhibits C-1 (Plan) and C-1a (Section): Rancho California Road / Lower Site. . b. Residential (External) /Residential Edge
This edge shall serve to buffer the proposed development from the existing single-family residential to the east. A minimum fifteen (15) foot landscape buffer shall be required from the eastern property line to any structure. Evergreen trees with broad canopies may be utilized to allow for maximum privacy for the existing single-family residents. Reference Exhibits C-3 and C-3a: Lower Site Interface at East. The height of the buildings along the eastern set back shall not exceed sixteen feet.
c. Residential (Internal)/Residential (External) Edge
Slopes created on the eastern and southern slopes shall be extensively landscaped to meet current City Development Code standards. Since these are down slopes of various lengths, trees and shrubs are provided near the top of the slope to allow for maximum privacy for the existing single-family residents.

Reference Exhibit C-4 (Section): Upper Site Interface at East and Exhibit C-5 (Section): Upper Site Interface atSouth.

3. Major Entries
Special landscaping will occur at the Rancho California Entry that will identify the points of entry and set the tone for the PDO. Plantings will be coordinated with the Rancho California Road edge. Clear views for traffic safety and project signage must be maintained. Enhanced vehicular and pedestrian access will identify major entries, as follows.

Exhibit 17.22.156 A-1 through A-3. Conceptual Site Plans Exhibit 17.22.156 B. Sidewalk Plan
Exhibit 17.22.156 C. Landscape Plan and Section Legend, Plans and Sections Exhibit 17.22.156 D. Entry Monument Signs
Exhibit 17.22.156 E-1 through E-8. Conceptual Building Elevations Exhibit 17.22.156 F. Color and Material Board

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LANDSCAPE PLAN AND SECTION LEGEND,

PLANS AND SECTIONS
Exhibit C-1: Landscape Plan View Rancho California Road / Lower Site Exhibit C-1 a Section 1-1 Rancho California Rd. / Lower Site Exhibits C-2 Plan View Lower Site Interface at East
Exhibits C-3 Section 3-3 Lower Site Interface at East
Exhibits C-3a Section 3-3 Lower Site Interface at East
Exhibits C-4 6-6 Upper Site Interface at East
Exhibits C-5 Section 7-7 Upper Site Interface at South
Exhibits C-6 Plan View Upper Site Interface at South
Exhibits C-7 Elevation Major Entry Monument
Exhibit C-8 Plan View Major Entry Monument
Exhibit C-9 Plan View Enhanced Paving (Alternate 1)
Exhibit C-9a Plan View Enhanced Paving (Alternate 2)
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Guidelines:

Accent trees with fall or flowering color should be used as identify plantings.

Low -scale walls, shrubs, and groundcovers with annual or perennial color should be used to highlight key areas, such as the base of project entry monuments.

Trees should be massed to create an effect similar to native plantings in undisturbed areas. 11 Secondary Entry
The secondary entry is located at the westerly edge of the project along an un-named road between this project and the multi -family development to the west.

Design elements may include accent plantings, low scale walls, and monumentation.

Guidelines:
• Shrubs and groundcovers with annual or perennial color should be used at the base of project entry monumentation.
• Accent trees, such as palm trees or crape myrtle varieties should be used to identify entries.
12 Project -Wide Hardscape Concept
Hardscape elements shall be used in coordination with the architecture and landscaping to provide a link between the street edge and the development. Attention to hardscape details creates a strong sense of community by relating different areas of the developments to an overriding theme. In addition, property hardscaping can improve pedestrian safety, movement and visual enjoyment of public areas.
a. Pavina Materials
The use of enriched paving treatment has been recommended for the major entry into the site and intersections to highlight key areas of the streetscape.

Guidelines:

Paving materials that incorporate natural rock or stone are highly recommended.

Major intersection and project entry crosswalks shall be highlighted by enriched paving treatments such as stamped, colored concrete, interlocking pavers or cobblestones to visually denote crosswalks.

Near buildings, paving materials should be consistent with major intersection treatments, using interlocking pavers, cobblestone, natural stone, ortextured concrete. 13 EXHIBIT SECTION .17.22.156 C

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Hardscape elements such as benches, bollards, paving and light standards shall reflect the theme of the overall PDO, complimenting the architecture and landscape. Materials used in construction of street furniture should complement architectural materials used on adjacent buildings. Safety and durability need special consideration.

Guidelines:
• Natural stone, rock, textured concrete, wood, or metal are all acceptable building materials for street furniture.
• Street furniture should be located within gathering and/or shaded seating areas within the property.
• All benches should be of simple design of wrought -iron metal, or concrete with supports and scroll detailing and finished natural wood slats for the sitting area. • Trash receptacles and other minor details must relate to the architectural style of buildings.
16 ®1S SIITLIH 17.22.156 C
BENCH

c. Walls and Fences
When necessary for security or to mitigate grading, walls or retaining walls and fences shall reinforce the project's identity and image. The material, style, and height of walls and fences shall in order to ensure visual consistency, provide an element of continuity throughout the property.

Guidelines:
• Construction materials and colors shall be consistent with the project architecture with dark -toned hues and earthtone colors preferred. The use of a hedge/bollard treatment is acceptable and encouraged.
• For walls built to screen ancillary structures adjacent to buildings, such as trash enclosures, construction materials should complement the architecture. • The horizontal mass of continuous walls should be softened by landscape planting and vines.
• Tubular steel or an equivalent may be used for fencing.

4. Lighting Concept
In the design of lighting, careful consideration must be given the overall architectural theme as well as to the safety of the site users. An emphasis should be made to emphasize human scale in public areas adjacent to buildings and along walks.

Guidelines:
• Warm white lighting is encouraged, bright colored or blinking lights shall not be allowed. • Light standards will blend architecturally with buildings, pedestrian areas, and other hardscape elements.
• Design and placement of site lighting must minimize glare affecting adjacent properties, buildings and roadways.
• Natural stone and concrete may be used for light standard bases. • All lighting shall be consistent with the Mt. Palomar Lighting Ordinance. • "Old town Style" lighting fixtures, either attached to building or pedestal mounted along pedestrian walkways and gathering areas shall be utilized. 17 EXHIBIT SECTION 17. 22.156 C

LIGHTING STANDARD

5. Monument Signs
a. General Requirements
• All portions of Entry Monuments including the base and cap, shall be constructed with materials and colors as shown on Exhibit F. All monument signs shall include the name of the project and the lettering shall be no higher than 19" and no smaller than three inches (3") in height. Low growing shrubs, groundcover and/or annual color shall surround the base of the sign.
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Description
1 Omega #20
Body Color I
Body Color 2 Body Clr
Body Clr DE6155 Soft Ivory
Light Cream
2 Omega #2-1/2 A 948
Body Color 2
Body Color 3
DE6312 Dusty Dream
Medium Tone Grey/Green
3 Omega #413
Body Color 1
Body Color 2
DET654 Creme Fraiche
Light/Medium Cream
4 Omega #A 560
Body Color 2
Body Color 3
DET605 Drifting Doumstream
Dark "Dull" Green
5 Omega #414
Body Color 1 Body Clr
DE6380 Clouded Vision
Light Gray
6 Omega #1/2 A 865
Body Color 1
DET665 Grain Mill
Medium Cream/Oranme
7 Omega #418
Body Clr
DE6200 Handwoven
Medium Brawn
COLOR
8 Omega #18
Trim
Trim
Trim Trim Entry Trm Trim Trim
Trim DEW325 Vanilla Shake
Whitish
SCHEME
9 Boral Tesoro Blend
Roof Tile
Roof Tile
Roof Tile Roof Tile Roof Tile Roof Tile Roof Tile
Roof Tile B-317- R Roof Bundle
Taupe - Same Color
G
10 DE158 Nor[hem Territory
All Doors All Doors
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—pprx
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BUILDING
I I French Limestone "Ryland Buff'
Wall Tile 1
Wall Tile I
Wall Tile I Wall Tile 1 Wall Tile 1
SCHEME 2
12 Chiseled Limestone "Cavenpe"
Wall Tile 2
Wall Tile 2
Wall Tile 2 Wall Tile 2
13 Sand Canvon Flagstone "Cream"
Wall Tile 3
Wall Tile 3
Wall Tile 3 Wall Tile 3
14 French Limestone "French White"
Base Tile
Base Tile
Base Tile Base Tile Base Tile
A6.2
15 Chiseled Limestone "Sunriver Bind" Base Tile Alt
Base Tile Alt
Base Tile Alt Base Tile Alt
N=,CohwSchemc#lnotmedonPhasI
Exhibit E— I

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End Elevation
Color Scheme 4
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Short Side Elevation
Color Scheme 4
-41
Exhibit E-3
Sohn Watson
Architects, Inc.
726 Chetham Way
Santa Barbara
C A 9 3 1 0 8
(805)-969-7280
PA20-1325

10. SCHEME
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726 Chethant Way
Santa Barbara
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SCHEME

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SCHEME
A6-5
Exhibit E-4

Typical Garage With Trash Enclosure
Typical Garage With Trash Enclosure
Typical Garage Ph Trash Enclosure
Typical Garage With Trash Enclosure
Color Schcvic XB Color9cFcmc XB
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Typical Garage With Trash Enclosure Gera a Color Scheme Assi ents Typical Garage Trash Enclosure With �n -,.a
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Fnd Fl—firm
North Elevation
1/8" = 1'-0
Color Scheme #5
East Elevation
1/8" = 1'-0
West and South Elevation
1/8" = 11-0
Color Scheme #5
ILw.nc.

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1/8" = 1'-0
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a
Garage #35 with Mail Room
North Elevation
1/8" = 1'-0"
P
Garage #35 with Mail Room
South Elevation
1/8" = 1'-0"
Garage #35 with Mail Room
West Elevation
1/8" = 1'-0"
Garage #35 with Mail room
East Elevation
Exhibit E-5
Sohn Watson
Architects, Inc.
726 Chelham Way
Santa Barbara
C A 9 3 1 0 8
(805)-969-7280
SCHEME

SMALLER
A6.6

Color Scheme #1
"Left and Right"
Building Type 2A
1 /811 = 11-011
Color Scheme #1
"Front and Back"
Building Type 2A
1 /811 = 11-011
2 Story Apartment Building
Color Scheme Assignments
Color Scheme #2
"Front and Back"
Building Type 2A
1/811 = 11-0t1
"Left and Right"
Building Type 2A
1 /811 = 11-011
Building 2 Scheme 1 with Base Tile
Building 3 Scheme 2 with Base Tile
Building 4 Sche1 with Base Tile Alt
Building 8 Schememe 2 with Base Tilc Alt
Project Color Schemes and Materials
Leasing
Pool Baths
2 Story Bldg
2 Story Bldg
3 Story Bldg 3 Story Bldg Exercise Garage
Garage
Garage
Color
Scheme #1
Scheme 42
Scheme #3 Scheme #4 Scheme #5 Scheme #6
Sche=#7
Scheme #8 Comment
Description
1 Omega #20
Body Color 1
Body Color 2 Body Ch
Body Clr Formally DE6155 Soft Ivory
Light Cream
2 Omega #2-1/2 A 948
Body Color 2
Body Color 3
Formally DE6312 Dusty Dream
Medium Tone Grey/Green
3 Omega #413
Body Color 1
Body Color 2
Formally DET654 Creme Fraische
Light/Medium Cream
4 Omega #A 560
Body Color 2
Body Color 3
Formally DET605 Drifting Downstream Dark "Dull" Green
5 Omega 9414
Body Color 1 Body Clr
Formally DE6380 Clouded Vision
Light Gray
6 Omega #1/2 A 865
Body Color 1
Formally DET665 Grain Mill
Medium Cream/Orange
7 Omega #418
Body Ch
Formally DE6200 Handwoven
Medium Brown
8 Omega #18
Trim
Trim
Trim Trim Entry Trm Trim
Trim
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Whitish
9 Bond Tesoro Blend
Roof Tile
Roof Tile
Roof Tile Roof Tile Roof Tile Roof Tile
Roof Tile
Roof Tile Formally B-317- R Roof Bandle
Taupe - Apprx Same Color
10 DE158 Northern Territory
All Doors
All Doors
All Doors Formally DEA 158 Northern Territory Dark Brown - Semi -Gloss 11 French Limestone "Ryland Buff'
Wall Tile 1
Wall Tile 1
Wall Tile 1 Wall Tile 1 Wall Tile 1
12 Chiseled Limestone "Cayenne"
Wall Tile 2
Wall Tile 2
Wall Tile 2 Wall Tile 2
13 Sand Canyon Flagstone "Cream"
Wall Tile 3
Wall Tile 3
Wall Tile 3 Wall Tile 3
14 French Limestone "French White"
Base Tile
Base Tile
Base Tile Base Tile Base Tile
15 Chiseled Limestone "Sunriver Bind" Base Tile Alt
Base Tile Alt
Base Tile Alt Base Tile Alt
Exhibit E-6
John Watson
Architects, Inc.
726 Chelham Way
Santa Barbara
C A 9 3 1 0 8
(805)-969-7280
SCHEME
2STORY
A6.1

John Watson
Color Scheme#3 Color Schcnia ?4 Architects, Inc.
726 Chelham Way
Santa Barbara
C A 9 3 1 0 8
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"Bottom" 'Bottom"
Building Type 3A Building Type 3A
3/32" = F-0" 3/32" = F-0"
COLOR
SCHEME
Apartment Building 3 STORY
3 Story P g BUILDLINGS
Color Scheme Assignments
Building 1 Scb—e 4 with Base Tile
Building 5 Scheme 4 with Base Tile Alt A6-2
Building 6 Scheme 3 with Base Tile Alt
Building Scheme3with B—Tile Exhibit E-7

Typical Garage MTrash Enclosure
Typical Garage With Trash Enclosure
Typical Garage With Trash Enclosure
Typical Garage With Trash Enclosure
Typical Garage Wlth Trash Enclosure Game Color Scheme Assimunents Typical Garage With Trash Enclosure Wln _
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1/8" = P-0
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1/8" = 1'-0
-'1
Bathroom Shower Elevation Elevation Along Enhv Walk
1/8 1 0 1/8" 1'-0
Exhibit E-8
John Watson
Architects, Inc.
726 Chelham Way
Santa Barbara
C A 9 3 1 0 8
(805)-969-7280
SCHEME
3STORY
A6.3

Color 1: Omega #20
(Similar to DE 6155
Soft Ivory)
Color 2: Omega #2-1/2 A948
(Similar to DE 6312
Dusty Dream)
Color 6: Omega #1/2 A 865
(Similar to DET665
Grain Mill)
Color 7: Omega #418
(Similar to DE6200
Handwoven)
Color 3: Omega #413 Color 8: Omega #18
(Similar to DET654 (Similar to DEW325
Creme Fraische) Vanilla Shake)
Color 4: Omega #A 560
(Similar to DET605
Drifting Downstream)
Color 5: Omega #414
(Similar to DE6380
Clouded Vision)
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White Vinyl
Window
Colosseum
Travertine
"Roman"
Chiseled Limestone
"Cayenne"
Sand Canyon
Flagstone "Cream"
French Limestone
" French White "
Chiseled Limestone
"Sunriver Blend"
Exhibit F
John Watson
Architects, Inc.
726 Chelham Way
Santa Barbara
C A 9 3 1 0 8
(805)-969-7280
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Copyright
0 I DATE
November 6, 2020
February 1, 2021

MATERIALS
A6.1

Item No. 5

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Michael Heslin, Director of Information Technology & Support Services DATE: September 27, 2022
SUBJECT: Approve a Three-year Microsoft Enterprise Renewal Agreement with CDW-G for Microsoft Software Licenses
PREPARED BY: Damion Patrick, Assistant Director of Information Technology & Support Services
RECOMMENDATION: That the City Council:

2. Approve 20% of the total contract, in the amount of $138,660.26, for the annual True - up cost for the term of the three-year agreement.

BACKGROUND: The City standardizes on Microsoft products for its desktop and server operating systems/office applications and has previously participated in the Microsoft Enterprise Agreement (EA). In October of 2016 and November of 2019, the City Council approved a three-year Microsoft EA, utilizing a Master Agreement through the County of Riverside.

The Microsoft EA is a cost-effective way to purchase software based on the organization's size, the benefits of Office 365, as well as simplified licensing management. Renewal of the Microsoft EA will provide the City the ability to continue operations, access to email in the Office 365 cloud, and efficiently manage its computing environment and to optimize licensing expenditures.

Staff recommends that the City approve a three-year Microsoft Enterprise Renewal Agreement with CDW-G.

There are no local vendors on the County of Riverside Reseller List.

FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2022-23 Information Technology Budget. Subsequent years will be subject to budget approval.

ATTACHMENTS: Microsoft Agreement

Microsoft
Enterprise Enrollment
Enterprise Enrollment number 71116973
(Microsoft to complete)
Previous Enrollment number 8738290
(Reseller to complete)
Volume Licensing
Framework ID
(if applicable)
State and Local
This Enrollment must be attached to a signature form to be valid.

This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.

This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.

All terms used but not defined are located at htto:// www.microsoft.corrVlicensinct/contracts . In the event of any conflict the terms of this Agreement control.

Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.

Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term.

Terms and Conditions

1. Definitions.

Terms used but not defined in this Enrollmentwill have the definition in the EnterpriseAgreement. The following definitions are used in this Enrollment:
"Additional Product"means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.
"Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements.

EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 1 of 10
Document X20-10635

Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service.
"Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.
"Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate underthis Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program.
"Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government.
"Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
"Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi -tenant data centers for exclusive use by orforthe Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.
"Industry Device" (also known as line of business device) means any devicethat: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task -specific software program (e.g. a computer -aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms.
"Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by orfor the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User' means a person (e g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement, - "Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate priorto use and for which Microsoft will make the Online Service available for activation.

EA20201 EnrGov(US)SLG(ENG)(0Ct2019) Page 2 of 10
Document X20-10635

"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state'sjurisdiction and geographic boundaries "Tribal Entity" means a federally recognized tribal entity performing tribal governmental functions and eligible forfunding and services from the U.S. Departmentof Interior by virtue of its status as an Indian tribe.
"Use Rights" means, with respect to any licensing program, the use rights orterms of servicefor each Productand version published forthat licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on -screen or otherwise) that accompanies a Prod uct
"Volume Licensing Site" means http://w Av microsoft.corNlicensing/contracts ora successorsite

2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Productduring that term.
d. Countryof usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoftwill invoicethe Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services maybe added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use.

EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 3 of 10
Document X20-10635

(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must beordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the numberof Qualified Devices and Qualified Users (if ordering user -based Licenses) at the timethetrue-up orderis placed and must order additional Licenses for alI Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase (iii)Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation orderforthe additional Licenses priorto use and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenseswill be invoiced retrospectively to the month in which they were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows.
1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurancefor an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devicesand Qualified Usersadded in any priortrue-up orders.

Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise -wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription Licensewill be cancelled.

Invoices will be adjusted to reflectany reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Prod ucts or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative.
(vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days priorto each Enrollment anniversary date. The third- yeartrue-up orderor update statement is due within 30 days priorto the Expiration Date, and any license reservationswithin this 30 day period will notbe accepted. Enrolled Affiliate EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 4 of 10
Document X20-10635

may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period.
(vii)Late true -up order. If the true -up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher ed ition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process.
(i i) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then foradditional step-up Licenses, by following the true -up order process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollmentas setforth in the Enterprise Agreement.

3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate's prices for each Product or Service will be established by its Reseller Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished at the beginning of the renewal term.

4. Payment terms.

For the initial or renewal order, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfrontfor all other Licenses.

5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.

EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 5 of 10
Document X20-10635

Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. ForOnline Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month -to -month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation foreach Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice (iii)Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement.

For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Sery ice for reg ulatory reasons, M icrosoftwi I I issue Reseller a credit for any amount paid in advance forthe period after termination.

6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Goud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a memberof the Community orto provide services to non -Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Govemment Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply EA20201 EnrGov(US)SLG(ENG)(0Ct2019) Page 6 of 10
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to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.

EA20201 EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10
DocumentX20-10635

Enrollment Details
1, Enrolled Affiliate's Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, notpartial offices, bureaus, agencies, ordepartments, orother partial entities.

Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoftwill deem the Enterprise to include the largest number of Affiliates:
0 Enrolled Affiliate only
❑ Enrolled Affiliate and all Affiliates
❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise):
❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whetherthe Enrolled Affiliate's Enterprise will include all newAffiliates acquired after the start of this Enrollment: Include future Affiliates

2. Contact information.

Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks(*) indicate required fields. By providing contact information, Enrolled Affiliate co nsentsto its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administerthis Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at htt s.// www.microsoft.comJlicensin lservicecenter.
a. Primarycontact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administratorfor the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Temecula Contact name* First Michael Last Heslin
Contact email address* [email protected]
Street address* 41000 Main Street
City* Temecula
State* CA
Postal code* 92590-2764-
(P lease provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 951-308-6300
Tax ID
* indicates required fields
b. Notices contactand Online Administrator. This contact (1) receivesthe contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may g rant online access to others, and(3)is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order.

EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 8 of 10
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❑ Same as primary contact (default if no information is provided below, even if the box is not checked).

Contact name* First Michael Last Heslin
Contact email address* [email protected]
Street address* 41000 Main Street
City* Temecula
State* CA
Postal code* 92590-2764-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 951-308-6300
Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true -up order.

Same as notices contact and Online Administrator (defaultif no information is provided below, even if box is not checked)
Contact name*: First Last
Contact email address*
Phone*
This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity.
* indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:

Reseller company name* CDWLogistics LLC.

Street address (PO boxes will not be accepted)* 200 N. Milwaukee Avenue City* Vernon Hills
State* IL
Postal code* 60061
Country* United States
Contact name* Brent Cameron
Phone* 847-465-6000
Contact email address* [email protected]
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct.

Signature* gt4. ' _knee,
Printed name* Brent Cameron
Printed title* Software Solutions Advisor
Date* 9/8/2022 bfmca,m@ Cdvi-Cow,
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 9 of 10
Document X20-10635

other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
e. If Enrolled Affiliate requires a separate contactfor any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii)Subscriptions manager
(iv) Customer Support Manager (CSM) contact

3. Financing elections.

Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, 0 No.

If a purchase underthis Enrollment is financed through MS Financing, and Enrolled Affiliate chooses notto finance any associated taxes, it must pay these taxes directly to Microsoft.

EA20201 EnrGov(US)SLG(ENG)(0ct2019) Page 10 of 10
Document X20-10635

Microsoft Volume Licensing
Amendment to Contract Documents
Enrollment Number [ 1
5-0000009095660
This amendment ("Amendment") is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement.

Enterprise Enrollment (Indirect)
Invoice for Quoted Price
Amendment ID M97
The price quoted to Enrolled Affiliate's Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate's Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate's Reseller will be charged for net new Monthly Subscriptions (including Online Services) forthe period during which these services were not provided Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate's Reseller.

SKU Number
AAF-21855
AAD-34700
AAD-34704
3G U-00001
NYH-00001
SKU Description
Win G5 Step-up Win G3
GCC
M365 G3 Unified FSA
GCC Sub Per User
Existing Quantity
500
300
M365 G3 Unified FUSL ` 200
GCC Sub Per User
Defender 0365 P1 GCC 500
Sub Per User
Teams AC with Dial Out
US/CA GCC Sub Add -on
500
Incremental
Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control.

L::This_A_mendment must be attached to a signature form to be valid.

AmendmentApp v4 0 M97 H

Page 1 of 2 ends

Micrnenff Infarnal Ilea Oni -
(M97)EnrAmend(Ind)(InvoiceforQuotedPrice)(
TM97
B
WVW (ENG)(Oct2020)(IU).docx:1
AmendmentApp v4 0 M97 B

Page 2 of 2 ends

Enterprise Enrollment Product Selection Form
Proposal ID
1237781.003
1 anauane Fnolish (United States)
Microsoft I Volume Licensing
Enrollment Number
Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order:

Qualified
IDevice I User
CAL Licensing
Profile
Devices
Qualified Users
(Ratio
Enterprise Product Platform
Model
Enterprise
50o
500
1,0
No
User Licenses
Products
Enterprise Quantity
Windows Desktop
WIN E5 StepUp frm WIN E3 GCC 500
11Aicrosoft 365 Enterprise
M365 G3 GCC USL Unified
M365 G3 GCC FromSA Unified
200
300
(Enrolled Affiliate's Product Quantities:
(Price Group
1 2
3 4
(Enterprise Products
Office Professional Plus +
Client Access License +
Client Access
Win E3 + Win E5 +
M365 Apps For Enterprise +
Office 365 (Plans E1, E3
License + Windows
Win VDA +
Office 365 (Plans E3 and E5) +
and E5) + Microsoft 365
Intune + EMS USL +
Microsoft 365
Microsoft 365 Enterprise
Enterprise
Microsoft 365
Enterprise
Enterprise
Quantity
500
500
500
500
(Enrolled Affiliate's Price Level:

Product Offering I Pool
Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4, D
Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1,
D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3,
D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4.

D
NOTES

Page 1 of 2 ends

EA-EASProdSelForm(WW)(ENG) MS Quote

Enterprise Enrollment Product Selection Form
Microsoft I Volume Licensing
Unless otherwise indicated in the associated contract documents, the price level For each Product offering I pool is set as described aboye, based upon the quantity to price level mapping below:

Quantity of Licenses and Software Assurance
Price Level
2,399 and below
A
2,400 to 5,999
B
6,000 to 14,999
C
15 000 and above
O
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these nay be purchased.

Note 2: Enrolled Affiliate acknowledges that in order to use a third party to reimage the Windows Operating System Upgrade, Enrolled 4ffiliate must certify that it has acquired qualifying operating system licenses. The requirement applies to Windows Enterprise OS JpgradeiSee Product Terms for details,
Note 3: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level -'A" throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling,

Page 2 of 2 ends

EA-EASProdSelForm(VVVV)(ENG) MS Quote

00 Microsoft
Volume Licensing
Previous Enrollment(s)/Agreement(s) Form
Entity Name: City of Temecula
Contract that this form is attached to: State Local Government For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers
d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract.

PrevEnrAgrForm(WW)(ENG)(Oct2019) Page 1 of 1
Document X20-12873

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Microsoft
Program Signature Form
MBA/MBSA number
Agreement number 8084445
Volume Licensing
5-0000009095660
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.

Enterprise Amendment
Product Selection Form
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.

Name of Entity (must be legal entity name)* City of Temecula Printed First and Last Name* Ma
Printed Title Mayor
Signature Date*
* indicates required field
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft's signature date)
ProgramSignForm(MSSign)(NA, LatAm)ExBRA, MLI(ENG)(May2020)

Page 1 of 2 ends

Document X20-12883
Vll�
o5i2

Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.

After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.

Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883

Item No. 6

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 27, 2022
SUBJECT: Approve the Seventh Amendment to the Franchise Agreement with CR & R Incorporated
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA TO APPROVE THE SEVENTH AMENDMENT TO
THE FRANCHISE AGREEMENT WITH CR & R, INC., FOR

THE COLLECTION, TRANSPORTATION, RECYCLING,

COMPOSTING, AND DISPOSAL OF SOLID WASTE AND

CONSTRUCTION DEBRIS AND FOR TEMPORARY

BIN/ROLLOFF SERVICES
BACKGROUND: On May 28, 1991, the City entered into an exclusive franchise agreement with CR & R Incorporated to provide for the Collection, Transportation, Recycling, Composting, and Disposal for Solid Waste and Construction Debris and for providing Temporary Bin/Roll off Services. The Agreement is periodically amended to reflect changes in legislation, collection services, and methodology for calculating rates.

In accordance with SB 1383 regulatory requirements, the Seventh Amendment is to incorporate the deletion of, and or to add or amend various definitions, and certain provisions to include, but are not limited to, procurement, container requirements, schedule for delivery of temporary bin/roll off services, missed collections, indemnification, and force majeure language as it pertains to temporarily interrupted or discontinued services due to unforeseeable circumstances or catastrophic events.

The Seventh Amendment also includes required provided services to be performed by CR & R to continue a three -container collection program for source separated recyclable materials, organic waste to include green waste and food waste, and for disposal and collection of trash. The

Amendment also includes provisions that require CR & R to implement contamination monitoring and perform route reviews and waste evaluations to ensure both residential and commercial customers within the City of Temecula are disposing of waste in the appropriate collection containers, to minimize contamination and meet SB1383 compliance measures. CR & R will also be responsible for producing applicable education materials and conduct education programs and activities. CR & R will assist the City to develop, and update annually, a list of Food Recovery Organizations and Food Recovery Services and provide Commercial Edible Food Generators with information about the City's Edible Food Recovery program. The Seventh Amendment includes additional services that CR & R develop and implement online/web-based application and website tools for improved customer service capability.

The City and CR & R will continue to collaborate, coordinate, and assist one another for the implementation and on -going monitoring, and reporting to fulfill the requirements of SB1383 regulations.

FISCAL IMPACT: There is no fiscal impact to the City to approve the Seventh Amendment with CR & R Incorporated.

ATTACHMENTS: 1. Resolution

2. Seventh Amendment

RESOLUTION NO.2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA TO APPROVE THE SEVENTH

AMENDMENT TO THE FRANCHISE AGREEMENT WITH
CR & R, INC., FOR THE COLLECTION,

TRANSPORTATION, RECYCLING, COMPOSTING, AND

DISPOSAL OF SOLID WASTE AND CONSTRUCTION

DEBRIS AND FOR TEMPORARY BIN/ROLLOFF

SERVICES

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

Section 1. On May 28, 1991 the City and CR & R entered into that certain agreement entitled "Agreement Between the City of Temecula and CR & R Incorporated, for the Collection, Transportation, Recycling, Composting, and Disposal for Solid Waste and Construction Debris and for providing Temporary Bin/Rolloff Services." This Agreement has since been amended, on August 27, 1996, June 24, 1997, July 25, 2000, June 13, 2006, October 27, 2015, and November 28, 2017.

Section 2. The State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing disposal capacity and interest in minimizing potential environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement aggressive integrated waste management programs, and the State has, through enactment of the California Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section 40000, et seq.) and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short -Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed.

Section 3. SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, solid waste facilities, and other entities to support achievement of State-wide organic waste disposal reduction targets.

Section 4. Regulations implementing SB 1383 require the City to implement collection programs, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to the Grantee, acting as the City's designee, and Grantee desires to take on these responsibilities.

Section 5. The City adopted Ordinance No. 2021-05 (hereinafter "the Ordinance") on December 14, 2021 to implement SB 1383 by amending the Temecula Municipal Code.

Section 6. The City Council of the City of Temecula hereby approves that certain Amendment entitled "Seventh Amendment" to the Franchise Agreement with CR & R Incorporated, for the Collection, Transportation, Recycling, Composting, and Disposal of Solid Waste and Construction Debris and for providing Temporary Bin/Rolloff Services. The Mayor and City Clerk are hereby authorized to execute and attest, respectively, the Amendment, on behalf of the City in substantially the form attached hereto as Exhibit A.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of September, 2022.

ATTEST:

Randi Johl, City Clerk
[SEAL]
Matt Rahn, Mayor
N

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF TEMECULA AND CR&R INC., FOR THE COLLECTION,

TRANSPORTATION, RECYCLING, COMPOSTING AND DISPOSAL OF

SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING

TEMPORARY BIN/ROLLOFF SERVICES
THIS SEVENTH AMENDMENT to the Franchise Agreement (the "Seventh Amendment") is made and entered into as of , a2022 by and between the City of Temecula a municipal corporation (hereinafter referre to as "City") and CR&R Incorporated (hereinafter referred to as "Grantee").

RECITALS
WHEREAS, on or about May 28, 1991, the City and Grantee entered into an Agreement for the collection, transportation, recycling, composting and disposal of solid waste and construction debris and for providing temporary bin/roll off services, which City and Grantee thereafter amended by mutual agreement times (hereinafter referred to collectively and inclusive of prior amendments as the "Agreement") and,
WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing disposal capacity and interest in minimizing potential environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement aggressive integrated waste management programs, and the State has, through enactment of the California Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section 40000, et seq.) and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short -Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed; and, WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, solid waste facilities, and other entities to support achievement of State-wide organic waste disposal reduction targets; and
WHEREAS, regulations implementing SB 1383 require the City to implement collection programs, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to the Grantee, acting as the City's designee, and Grantee desires to take on these responsibilities; and WHEREAS, the City adopted Ordinance No. 2021-05 (hereinafter "the Ordinance") on December 14, 2021, to implement SB 1383 by amending the Temecula Municipal Code; and WHEREAS, City and Grantee desire to amend the Agreement as set forth herein 11086-0022\2648852v4. doe

NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Seventh Amendment as follows:

AMENDMENT

1. DEFINITIONS.

1.1 This Seventh Amendment and all terms used herein shall be subject to and construed in a manner consistent Section 2 of the Agreement as amended by Amendment No. 1. to the Agreement, which states:
"Whenever any term used in this Franchise Agreement has been defined by Chapter 8.20 of the Temecula Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. In the event of any conflict between the defines definitions in the Municipal Code and the definitions in the Public Resources Code, the definitions in the Municipal Code shall control."

1.2 Section 2 (Definitions) of the Agreement is amended to delete the definitions of "Compost Facility," "Extremely Hazardous Waste," "Solid Waste Facility," and "System Facility."

1.3 Section 2 (Definitions) of the Agreement is amended to add or amend, as applicable, the following definitions:
"Compost" has the same meaning as in 14 CCR Section
17896.2(a)(4).
"Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"Diversion (or any variation thereof including "Divert")" means activities which reduce or eliminate Discarded Materials from Disposal, including, but not limited to, source reduction, Reuse, salvage, Recycling, and composting.
"Excluded Waste" means Hazardous Substance, Hazardous
Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III 11086-0022\2648852v4.doc 2

Landfills or accepted at the Facility by permit conditions, waste that in Grantee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Grantee or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single -Family or Multi -Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
"Facility" or "System Facility" or "Solid Waste Facility" means a Solid Waste Facility, as defined in Public Resources Code section 40194, that for the purposes of this Agreement is designated by the City to be used by the Grantee for the processing, recovery and/or disposal of Solid Waste, including Recyclable Materials and Organic Waste. "Non-Compostable Paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
"Performance -based Compliance Approach" means the method of complying with the SB 1383 Regulations through implementation of a collection system, programs, and policies in accordance with 14 CCR, Division 7, Chapter 12, Article 17, or as otherwise defined by 18982(a) (52.5), and all associated requirements.
"Process" or "Processing" means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
"Recyclable Material" means the same thing as Non -Organic Recyclables, they are a subset of Source Separated Recyclable Materials. "Recycle" or "Recycling" means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201. 11086-0022\2648852v4. doc 3

"Reuse" or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2). "Service Level" refers to the number and size of a Generator's Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc. "Solid Waste" has the same meaning as defined in Chapter 8.20 of the Temecula Municipal Code and includes for purposes of the Agreement Organic Waste and Recyclable Materials unless the context clearly indicates otherwise.
"Source Separated" has the same meaning as defined in Chapter

8.20 of the Temecula Municipal Code, and includes for the purposes of the Agreement, separation of materials by the Generator, Property Owner, Property Owner's employee, property manager, or property manager's employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray/Black Container Waste and other Solid Waste for the purposes of Collection and Processing.
"SSBCOW" means the same thing as Source Separated Blue
Container Organic Waste.
"SSGCOW" means the same things as Source Separated Blue Container Organic Waste.
"Standard Compliance Approach" means the method for
complying with the SB 1383 Regulations through implementation of a collection system pursuant to 14 CCR, Division 7, Chapter 12, Article 3, and all associated program and policy requirements
"Yard Trimmings" means types of SSGCOW resulting from
normal yard and landscaping installation, maintenance, or removal that the Generators Source Separate and set out in Green Containers for Collection for the purpose of Processing by the Grantee.

2. SB 1383 SERVICES. A new paragraph J (SB 1383 Services) is added to Section 5 (Services Provided by Grantee) of the Agreement to read as follows:
"J. SB 1383 Services. Grantee shall provide all SB 1383- related services required by, and subject to, the provisions of Exhibit "G," which is incorporated as though set forth in full. In the event of any conflict between Exhibit "G" and any of Grantee's other service obligations under the Agreement, the requirements of Exhibit G shall control."
11086-0022\2648852v4, doc 4

3. NEW EXHIBIT. A new Exhibit "G" (Provided Services) is hereby added to the Agreement and incorporated as though set forth in full, to read as set forth in Attachment A to this Seventh Amendment.

4. PROCUREMENT. A new paragraph K (Procurement) is added to Section 5 (Services Provided by Grantee) of the Agreement to read as follows:
"K. Procurement. Grantee agrees to coordinate and cooperate with the City to meet its Organic Waste produce procurement target, as required by SB 1383 Regulations."

5. CONTAINERS. A new paragraph L (Container Requirements) is added to Section 5 (Services Provided by Grantee) to read as follows:
"L. Container Requirements. Grantee shall use the Grantee - provided Collection containers that are currently located at Generators' premises or provide Generators with collection containers from Grantee's current inventory.

No later than January 1, 2036, Grantee shall provide all Generators with collection containers that comply with the container color requirements specified in this Agreement or as otherwise specified in the SB 1383 Regulations. If an existing container breaks or is otherwise rendered non-functional on or after January 1, 2022, the Grantee shall replace the non-functional container with a container that complies with the color requirements of the SB 1383 Regulations. Notwithstanding this paragraph, the Grantee is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Agreement prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first."

6. IDENTIFICATION OF FACILITIES. A new paragraph M (Identification of Facilities) is added to Section 5 (Services Provided by Grantee) of the Agreement to read as follows:
"M. Identification of Facilities. If using a Standard Compliance Approach, Grantee shall identify the Facilities to which they will transport Organic Waste as required by the SB 1383 Regulations."

7. SCHEDULE FOR DELIVERY OF CONSTRUCTION AND TEMPORARY
BIN/ROLLOFF SERVICES. A new paragraph N (Schedule for Delivery of Construction and Temporary Bin/Roll off Services) is added to Section 5 (Services Provided by Grantee) of the Agreement to read as follows:
"N. Schedule for Delivery of Construction and Temporary Bin/Roll off services. Grantee shall deliver construction and temporary bin/roll off services to customers within three working days of request 11086-0022\2648852v4.doc 5

from customer. If Grantee is not able to deliver services within this time period, the City may cause services to be performed by a third party, and the Grantee shall reimburse the City for its costs for such services."

8. MISSED COLLECTION. A new paragraph O (Missed Collection) is added to Section 5 (Services Provided by Grantee) of the Agreement to read as follows:
"O. Missed Collection. The Grantee will provide a special pickup, or other corrective action acceptable to a Customer, within forty- eight (48) hours (Saturdays, Sundays and holidays excepted) of oral or written notice to the Grantee of a missed scheduled collection at no charge to the Customer. If the Grantee does not provide corrective action in a timely manner, the City may cause the collection to be performed by a third party, and the Grantee shall reimburse the City for its costs for such collection.

In cases where the Grantee has documented that the Customer's Container was not set out at the normal service time, the following conditions apply:
(1) For the first occurrence each year the Grantee shall pick up the Container, within forty-eight (48) hours of oral or written notice, at no charge to the Customer.
(2) For each subsequent occurrence that year, the Grantee can charge the Customer a "return trip charge" if the Customer requests collection prior to the next scheduled service day for that Customer."

9. ADDITIONAL SERVICES. Section 5.H. (8) is hereby added to the Agreement to read as follows:
(8) Grantee shall develop and implement online/web-based application and website tools for improved customer service capability, to include, but not limited to, report missed pickups, allow for ordering of bulky item pickups, temporary bin/roll off services, to request new and additional services, manage customer complaints, and other customer service needs.

10. INDEMNIFICATION. A new paragraph H is added to Section 25 of the Agreement to read as follows:
"H Diversion Indemnification.
"Grantee's duty to defend and indemnify herein includes payment of all fines and/or penalties imposed by Cal Recycle, subject to the restrictions set forth in Public Resources Code Section 40059.1, if the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations are not met by the Grantee with respect to Solid Waste collected under this Agreement, and such failure is: (i) due to the 11086-0022\2648852v4.doc 6

failure of Grantee to meet its obligations under this Agreement, or, (ii) due to Grantee delays in providing information that prevents Grantee or City from submitting reports required by AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations in a timely manner. The foregoing indemnity is expressly conditioned upon the City's implementation of required programs or activities, requested by the Grantee, which are within the City's authority and ability to implement, and which would be effective as a means to increase diversion and maintain compliance with State regulations. The provisions of this paragraph shall survive the termination or expiration of this Agreement."

11. FORCE MAJEURE. Section 27.A. (Force Majeure) of the Agreement is deleted in its entirety and replaced as follows:
"A. Force Majeure.
"Subject to the notice provisions set forth in this paragraph, Grantee shall not be in default under this Franchise Agreement in the event that any services provided under this agreement by Grantee are temporarily interrupted or discontinued for any of the following reasons:
riots, wars, sabotage, civil disturbances, insurrections, explosions, pandemics or pandemic related issues, natural disasters such as floods, earthquakes, landslides and fires, strikes, lockouts, and other labor disruptions and disturbances or other catastrophic events which are beyond the reasonable control of the Grantee. Other catastrophic events do not include the financial inability of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies. In the event a labor disturbance or disruption interrupts Grantee services, as required under this Franchise Agreement, City may elect to exercise its rights under Section 15 of this Agreement.

Within ten (10) days of the force majeure event, Grantee shall notify the City in writing of the specific nature of the force majeure event, how it affects Grantee's performance under the Agreement, and the actions Grantee is taking to mitigate the impact of the force majeure event.

Grantee shall thereafter notify the City every thirty (30) days of the continuation of the force majeure event, how it affects Grantee's performance under the Agreement, and the actions Grantee is taking to mitigate the impact of the force majeure event."

12. GENERAL PROVISIONS.

12.1 Remainder Unchanged. Except as specifically modified and amended in this Seventh Amendment, the Agreement remains in full force and effect and binding upon the parties.

12.2 Integration. This Seventh Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Fifth Amendment. 11086-0022\2648852v4.doc 7

12.3 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

12.4 Effective Date. This Seventh Amendment shall not become effective until September 27, 2022.

12.5 At3t21icable Law. The laws of the State of California shall govern the interpretation and enforcement of this Seventh Amendment.

12.6 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Seventh Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Seventh Amendment.
[SIGNATURE BLOCK ON THE FOLLOWING PAGE]
1 1086-0022\26488 52v4. doc 8

IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment on the date and year first -above written.

CITY OF TEMECULA
Matt Rahn,
Mayor
ATTEST:

Randi Johl
City Clerk
APPROVED AS TO FORM:

Peter Thorson
City Attorney

CR&R INCORPORATED
Chairman and CEO j
By: _ Ca
David Ronnenberg
COO and Secretary
11086-0022\2648852v4.doe 9

EXHIBIT G

PROVIDED SERVICES
I. Three -Container Collection Program
A. General. Beginning January 1, 2022, Grantee shall provide a three -container Collection program for the separate Collection of Source Separated Recyclable Materials, SSGCOW, and Gray/Black Container Waste as specified in this Agreement, using containers that comply with the requirements of this Agreement and SB 1383 Regulations. Grantee shall not knowingly Collect Blue, Green, or Gray/Black Containers that include Prohibited Container Contaminants.

B. Source Separated Reelable Materials Collection, (Blue Container or Lid).

1. Grantee shall provide Blue Containers to Generators for Collection of Source Separated Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service, Grantee shall transport the Source Separated Recyclable Materials to a Facility that recovers the materials designated for Collection, in accordance with SB 1383 Regulations.

2. Source Separated Recyclable Materials that are to be accepted for Collection in the Source Separated Recyclable Materials Collection program include the following: (i) Non -Organic Recyclables such as: aluminum, glass bottles and jars, rigid plastics (marked # 1 through # 7), tin and bi-metal cans; and (ii) SSBCOW such as: Paper Products, Printing and Writing Papers, wood, and dry lumber.

C. SSGCOW Collection Green Container).

1. Grantee shall provide Green Containers to Generators for Collection of SSGCOW and shall provide SSGCOW Collection service. Grantee shall transport the SSGCOW to a Facility in accordance with SB 1383 Regulations.

2. SSGCOW that are to be accepted for Collection in the SSGCOW Collection program include the following: Food Scraps; Food -Soiled Paper; Yard Trimmings, and Compostable Plastics. Carpets, Non-Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers. Yard Trimmings that are to be accepted for Collection in the SSGCOW Collection program include the following: green trimmings, grass, weeds, flowers, leaves, pruning's, branches, dead plants, brush, tree trimmings, dead trees weighing no more than 50lbs, and other types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal, provided all SSGCOW fits inside the Green Container with the lid closed and does not exceed 150 pounds.

3. Grantee may Collect compliant Compostable Plastics in the Green Containers for Processing. At least two (2) months prior to the commencement of the Collection of Compostable Plastics in the SSGCOW program, Grantee shall provide written notification to the City whether the Facility can or cannot Process and recover these Compostable Plastics in accordance with SB 1383 Regulations. If the Facility can process and recover Compostable Plastics, and Grantee elects to Collect Compostable Plastics in the Green Container, then Grantee 11086-0022\2648852v4,doc 10

shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics. If the Facility cannot process and recover Compostable Plastics, then Grantee will not Collect Compostable Plastics in the Green Container. It is also understood that Grantee proposes to process the City's organics through its Anaerobic Digester Facility (AD). AD Facilities do not accept compostable plastics at the current time.

4. Grantee may require Generators to place Food Waste in plastic bags or other wrappings and put the bagged or wrapped Food Waste in the Green Container. At least two (2) months prior to the commencement of the use of plastic bags for the Food Waste program, Grantee shall provide written notification to the City that allowing the use of bags does not inhibit the ability of the City to comply with SB 1383 Regulations, and that the Facility can Process and remove plastic bags when it recovers SSGCOW. Grantee shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to Process and remove plastic bags when it recovers SSGCOW. It is also understood that Grantee proposes to process the City's organics through its Anaerobic Digester Facility (AD). AD Facilities do not accept plastic bags or other wrappings at the current time.

D. Grav/Black Container Waste Collection. Grantee shall provide Gray/Black Containers or Lids to Generators for Collection of Gray/Black Container Waste and shall provide Gray/Black Container Waste Collection service. Grantee shall transport the Gray/Black Container Waste to a Facility in accordance with the SB 1383 Regulations. Grantee may allow carpets, and textiles to be placed in the Gray/Black Containers. Prohibited Container Contaminants shall not be Collected in the Gray/Black Containers.

Il. Contamination Monitoring
A. Route Reviews and Waste Evaluations. Commencing January 1, 2022, Grantee shall be responsible for contamination monitoring on all of its routes consistent with the requirements of the SB 1383 Regulations. Grantee may elect to use either Route Reviews or Waste Evaluations; provided however, that if Grantee complies with SB 1383 Regulations using a Performance -based Compliance Approach, it must use Waste Evaluations. Grantee may fulfill its contamination monitoring obligations in any reasonable manner not inconsistent with the SB 1383 Regulations and this Agreement.

1. Route Reviews. Grantee shall conduct any and all Hauler Route Reviews for Prohibited Container Contaminants in Collection Containers as follows:
a. Route Reviews shall be done in a manner that is deemed safe by the Grantee; is approved by the City; is conducted in a manner that results in all Hauler Routes being reviewed annually and is consistent and in accordance with SB 1383 Regulations. b. Containers may be randomly selected along the Hauler Route, and nothing herein shall be construed to require Hauler to inspect every container on a Hauler Route every year.
11086-0022\2648852v4. doc I 1

C. Upon finding Prohibited Container Contaminants in the container, Grantee shall follow the contamination monitoring noticing procedures paragraph B.3 of this Section II.
d. Grantee shall maintain all applicable records required under SB 1383 Regulations, and report to the City on a quarterly basis on contamination monitoring activities, route reviews and/or waste evaluations, and actions taken.

2. Waste Evaluations. Grantee shall conduct any and all Waste Evaluations in compliance with the requirements of 14 CCR Section 18984.5(c), and as follows:
a. Grantee shall allow the City or its representatives to observe Grantee's Waste Evaluations. The City shall have the right hire a third party for this purpose. b. If Grantee uses a Standard Compliance Approach, Grantee shall conduct Waste Evaluations at least once per year and in two distinct seasons of the year.

C. If Grantee uses a Performance -Based Compliance Approach, Grantee shall conduct Waste Evaluations at least twice per year for the Blue and Green Containers and at least once per quarter for the Gray/Black Containers. d. Waste Evaluations must include samples of Source Separated Recyclable Materials, SSGCOW, and Gray/Black Container Waste. e. Waste Evaluations shall include samples from each Container type serviced by the Grantee and shall include samples taken from different areas in the City that are representative of the City's waste stream.
f. Waste Evaluations shall include at least the minimum number of samples specified in SB 1383 Regulations.
g. Grantee shall Transport all of material Collected for sampling to a sorting area at a permitted Solid Waste Facility where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in each material stream by weight. To determine the ratio of Prohibited Container Contaminants, the Grantee shall use the following protocol:
i. The Grantee shall take one sample of at least a 200 pounds from the material Collected from each material stream for sampling. ii. The 200-pound sample shall be randomly selected from different areas of the pile of Collected material for that material stream. iii. For each 200-pound sample, the Grantee shall remove any Prohibited Container Contaminants and determine the weight of Prohibited Container Contaminants.
11086-0022\2648852v4.doc 12

iv. The Grantee shall determine the ratio of Prohibited Container Contaminants in the sample by dividing the total weight of Prohibited Container Contaminants by the total weight of the sample.
h. When the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, Grantee shall, within fifteen (15) working days of the waste evaluation, notify all Generators on the sampled Hauler Route of their requirement to properly separate materials into the appropriate Containers. The Grantee may provide this information by placing a written notice on the Generators' Containers or the gate or door of the Premises; and/or by mail, email, or electronic message to the Generators. The format of the warning notice shall be approved by the City. If using a Performance -Based Compliance Approach, Grantee shall also notify the City with the same fifteen (15) working days and shall allow representatives of the City and/or Cal Recycle to oversee Grantee's next scheduled quarterly sampling of the Gray/Black Containers.

3. Material Exceptions. Organic Waste that is textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to a quarantine on movement issued by a County agricultural commissioner is not required to be measured as Organic Waste when calculating the amount of Organic Waste present in the Gray/Black Container Waste.

B. Actions upon Identification of Prohibited Container Contaminants. Upon finding Prohibited Container Contaminants in a Container, Grantee shall follow the protocols set forth in this Section.

1. Record Keeping. Grantee's driver or other representative shall record each occurrence of Prohibited Container Contaminants in a written log or in an on -board computer system including date, time, Generator's address, and type of container (Blue, Green, or Gray/Black Container).

2. Courtesy Pick -Up Notices. Upon identification of Prohibited Container Contaminants in a Generator's container, Grantee shall provide the Generator a courtesy pick-up notice. The courtesy pick-up notification shall: (i) inform the Generator of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; (iii) include information on the Generator's requirement to properly separate materials into the appropriate containers, and the accepted and prohibited materials for Collection in the Blue Container, Green Container, and/or Gray/Black Container; (iv) inform the Generator of the courtesy pick-up of the contaminated materials on this occasion with information that following three consecutive instances of Prohibited Container Contaminants within a six-month time period, Grantee may assess contamination Processing fees. Grantee shall leave the courtesy pick-up notice attached to or adhered to the Generator's contaminated containers; at the Premises' door or gate; or, subject to City's approval, may deliver the notice by mail, e-mail, text message, or other electronic message.

3. Notice of Assessment of Contamination Processing Fees. If the Grantee observes Prohibited Container Contaminants in a Generator's Container on more than three consecutive occasions within a six-month time period and issued courtesy pick-up notices on each of those occasions, the Grantee may impose a contamination Processing fee of $35.00 11086-0022\2648852v4.doe 13

(which will be adjusted annually pursuant to the same CPI Index used for annual rate adjustments). Grantee shall notify the City in its quarterly report of Generators for which contamination Processing fees were assessed. Grantee shall leave a contamination Processing fee notice attached to or adhered to the Generators' contaminated containers; at the Premises' door or gate; or, subject to City's approval, may deliver the notice by mail, e-mail, text message, or other electronic message. The contamination Processing fee notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Generator will be charged a contamination Processing fee on its next bill. The format of the contamination Processing fee notice shall be approved by the City.

C. Disposal of Contaminated Materials. If the Grantee observes Prohibited Container Contaminants in a Generator's Container(s), Grantee may dispose of the Container's contents, provided Grantee complies with the noticing requirements in subsection A above.

III. Education and Outreach
A. Grantee shall create all applicable education materials and conduct all education programs and activities as provided by and in accordance with the SB 1383 Regulations. Grantee shall cooperate and coordinate with the City on public education activities.

B. Grantee will assist the City to develop, and update annually, a list of Food Recovery Organizations and Food Recovery Services operating within the City. The list shall be posted and maintained on both the Grantee's City -specific website and the City's website and update the list annually. The list shall include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service: (i) Name and physical address; (ii) Contact information; (iii) Collection service area; and (iv) an indication of types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.

C. Grantee shall assist City to provide Commercial Edible Food Generators on an annual basis with the following information: (i) Information about the City's Edible Food Recovery program; (ii) Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10; (iii) Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and (iv) Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

D. The Grantee may provide the information required above by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to commercial businesses.

E. Grantee shall comply with all applicable public education and outreach record keeping and reporting requirements as provided by the SB 1383 Regulations. 11086-0022\2648852v4.doe 14

IV. Inspections and Enforcement
After January 1, 2022, Grantee shall conduct, to the extent delegable, and/or assist City to conduct all inspections and enforcement required by the SB 1383 Regulations. Grantee shall maintain all required records from inspection and enforcement in accordance with the SB 1383 Regulations. If a Performance -based Compliance Approach is used, City agrees to only grant waivers if at least ninety percent (90%) of Single -Family Generators and ninety percent (90%) of Commercial Generators (including Multi -Family Generators) participate in the three -Container Collection program.

V. Generator Waiver Program Coordination
A. General. In accordance with SB 1383 Regulations and the Temecula Municipal Code, the City may grant waivers (de minimis, physical space or Collection frequency) to Generators that impact the scope of Grantee's provision of service for those Generators. Waivers issued shall be subject to compliance with SB 1383 Regulatory requirements, pursuant to 14 CCR Section 18984.11.

B. Requests Submitted to Grantee. Generators may submit requests for waivers to Grantee. Within fifteen (15) working days of receiving such a request, Grantee shall: (i) inspect the applicant's premises and verify the accuracy of the information found in the application; and (ii) submit the application, Grantee's recommendation, and any supporting documents to the City. The City shall retain final approval authority regardless of the Grantee's recommendation.

Grantee shall report information regarding waivers reviewed on a quarterly basis.

C. Grantee Change in Generators' Service Levels. The City shall notify Grantee within fifteen (15) days of any decision to approve a waiver request, and whether such decision will change the service level or Collection service requirements for the Generator. Grantee shall have ten (10 working days to modify the Generator's service level and billing statement, as needed.

D. Reverification of Waivers. It shall be the responsibility of the Grantee to verify that the Generators with de minimis, physical space constraint, or Collection frequency waivers continue to meet the waiver requirements set forth in this Section. Grantee shall conduct such reverifications of waivers through inspection of each Generator's premises and review of applicable records at least once every five (5) years for de minimis and physical space constraint waivers. Grantee shall maintain a record of each waiver verification and provide a quarterly report to the City documenting the waiver reverifications performed and recommendations to the City on those waivers that Grantee concludes are no longer warranted. The City shall make a final determination of the waiver eligibility of Generators.

E. Grantee Recordkeepiog„ of Generators Granted Waivers. Upon Grantee request, no more than two (2) times per year, the City shall provide Grantee an updated listing of waivers approved by the City, including the Generators' names, mailing address, service address, and type of waiver. Grantee shall maintain waiver -related records and report on waiver verifications, as required herein.
1 1086-0022\26488 52v4, doe 15

Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 27, 2022
SUBJECT: Award a Construction Contract to Act 1 Construction, Inc. for Community Recreation Center Renovations — Phase 1, PW 19-07
PREPARED BY: Avlin R. Odviar, Principal Civil Engineer
William Becerra, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Award a Construction Contract to Act 1 Construction, Inc. in the amount of $3,568,395, for Community Recreation Center Renovations — Phase 1, PW 19-07; and

2. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $356,839.50; and

3. Make a finding that Community Recreation Center Renovations — Phase 1, PW 19-07 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.

BACKGROUND: The Community Recreation Center (CRC) Renovations is an infrastructure project for the rehabilitation, improvement, and reconfiguration of the CRC. Phase 1 comprises the bulk of rehabilitation work by replacing, repairing, or updating portions of the building's mechanical, electrical, and plumbing systems, foundation, roof, and accessibility, as needed. This Phase will address all items identified in the ADA Transition Plan throughout the building interior and exterior. Subsequent phases of work will include expansion and renovation of existing office space, recreational rooms, and storage space.

On July 12, 2022, City Council approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for Community Recreation Center Renovations — Phase 1, PW 19-07.

The construction contract was publicly advertised for bids between August 10, 2022, and September 1, 2022, on the City's online bidding service, PlanetBids. Five (5) bids were received and publicly opened on September 1, 2022.

The results are as follows:

Rank
Bidder
Amount

1. Act 1 Construction, Inc.
$3,568,395.00
Bo h Engineering, Inc.

Non -Responsive
Horizon Construction Co. Int'l, Inc.

Non -Responsive
Spec Construction Co., Inc.

Non -Responsive
LDCo., Inc.

Non -Responsive
Bids received from four (4) contractors were found to be non -responsive. Staff has deemed the bids submitted by Bogh Engineering, Inc., and LDCo., Inc. as non -responsive because the contractors are self -performing less than 50% of the contract work. The construction contract, specifically Section 3-2 Self Performance of the Standard Specifications for Public Works Construction, requires that the contractor self -perform at least 50% of the contract work.

Additionally, LDCo., Inc. did not provide a signed Addendum No. 1 with their bid. Spec Construction Co., Inc. provided a bid containing an incomplete Subcontractor's List, resulting in staff being unable to verify the percentage of work being self -performed by the contractor, and is therefore non -responsive. The bid submitted by Horizon Construction Company International, Inc. has been deemed as non -responsive because they did not provide bid prices for three (3) bid items. In the construction contract, Instruction to Bidders, 2. Proposal, Item a., states that "Any bid item left blank in the Electronic Schedule of Prices in PlanetBids will deem the entire bid unresponsive and the bid will be disqualified."
Staff has completed its analysis of the submitted bids and found that Act 1 Construction, Inc. of Norco, California to be the lowest responsive and responsible bidder. Act 1 Construction, Inc. has public contracting experience and has successfully completed similar projects for various public agencies in Southern California.

The Engineer's Estimate for the project was $3,400,000.00. The project specifications allow for 100 working days (approximately 5 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 Community Recreation Center Renovations — Phase 1, PW19- 07 is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023- 27, and is funded with Developer Contribution, DIF-Park & Rec Improvements, DIF-Quimby, and Measure S. Adequate funds are available in the project accounts to cover the construction contract amount of $3,568,395.00, plus the 10% contingency of $356,839.50, for a total encumbrance of $3,925,234.50. A portion of these appropriations was intended to cover the projected construction cost of Phase 2. To move forward with Phase 2 construction in the future, additional funds will be needed.

ATTACHMENTS: 1. Contract

2. Project Description

3. Project Location Map

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACT
for
COMMUNITY RECREATION CENTER RENOVATIONS - PHASE 1
PROJECT NO. PW19-07
THIS CONTRACT, made and entered into the 27th day of September, 2022 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Act 1 Construction, 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 COMMUNITY RECREATION CENTER RENOVATIONS - PHASE 1, PROJECT NO. PW19-07, 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 COMMUNITY RECREATION CENTER RENOVATIONS - PHASE 1, PROJECT NO. PW19-07. 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 COMMUNITY RECREATION CENTER RENOVATIONS - PHASE 1, PROJECT NO. PW19-07.

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: COMMUNITY RECREATION CENTER RENOVATIONS - PHASE 1, PROJECT NO. PW19-07
All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City.

3. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives.

4. CONTRACT AMOUNT AND SCHEDULE
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE MILLION FIVE HUNDRED SIXTY-EIGHT

THOUSAND THREE HUNDRED NINETY-FIVE DOLLARS AND NO CENTS ($3,568,395.00), the total amount of the base bid.

Contractor agrees to complete the work in a period not to exceed One Hundred (100) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City.

CHANGE ORDERS
All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council.

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.

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

10. 11

12. 13.

14. be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

TIME OF THE ESSENCE
Time is of the essence in this contract. Under no circumstances will any construction activity occur after April 24, 2023.

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.

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.

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.

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. 17.
im

19. 20.
21 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.

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.

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.

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.

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.

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:

Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88.

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.

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.

Course of Construction insurance form providing coverage for "all risks' of loss.

Minimum Limits of Insurance: The Contractor shall maintain limits no less than:

1. General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 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.

4. Course of Construction: Completed value of the project.

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:

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.

2. 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.

7. Course of construction policies shall contain the following provisions: (1) Additional insured shall be named as loss payee, and (2) The insurer shall waive all rights of subrogation against entity.

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: September 8, 2022 CONTRACTOR:

Act 1 Construction, Inc.
444 Sixth St.

Norco, CA 92860
951-735-1184
[email protected]
ey:� ,-ram
Don Trenholm
Print or type NAME
President
Print or type NAME
VP/Sec
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations) DATED:

ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney

CITY OF TEMECULA
0 Matt Rahn, Mayor

CALIFORNIA ALL-PURPOSE 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 September 08, 2022 before me, Cheri L. Bower, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Don Trenholm & Tiffany Trenholm----------------------------------------------- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) W/are subscribed to the within instrument and acknowledged to me that 3e(they executed the same in I*X*ter/their authorized capacity(ies), and that by)t21~their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

CHERI L. BOWER
Notary Public • California
Riverside County b
Commission # 2300617
My Comm. Expires Aug g, 2023
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�ZZ,//�fLL1N
Signature of Notary Public
Place Notary Seal Above

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

Description of Attached Document
Title or Type of Document: Contract
Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Don Trenholm
® Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing: Act 1 Construction: Inc.

Number of Pages:

Signer's Name: Tiffany Trenholm
® Corporate Officer — Title(s): VP/Sec
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer Is Representing: Act 1 Construction, Inc.
©2015 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907

f
ANk
The Heart aF Sauthern Cali{arnia
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program

COMMUNITY RECREATION CENTER (CRC) RENOVATIONS
Infrastructure Project
Project Description: This project facilitates the rehabilitation, improvement, and reconfiguration of the Community Recreation Center. Projects include:
expansion and reconfiguration of teen center; conversion of office space to accommodate a dedicated police substation; renovation of key components of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment. The project will be delivered in phases. Phase 1 includes full repair, maintenance, and updating to current standards. Phases2 and 3 include expansion and improvements throughout the facility.

Benefit: This project will create a safe, engaging place for teens to participate in individual and group social, recreational, physical, and educational activities, while also providing necessary renovations to the CRC facility.

Core Value: Healthy and Livable City
Project Status: Phase 1 design is complete. Phase 1 construction and Phase 2 design is scheduled for FY 2021-22.

Department: Public Works - Account No. 210.265.999.730 / PW19-07 Level: I
Project Cost:

Prior Years
Actuals
2021-22
Adjusted
2022-23
Adopted
Budget
2023-24 2024-25
Projected Projected
2025-26 2026-27
Projected Projected
Total Project
Cost
Administration
66,528
200,235
134,000
50,000
450,763
Construction
1,497,491
4,790,576
1,821,809
8,109,876
Construction Engineering
121,681
312,974
152,495
587,150
Design & Environmental
144,041
495,401
346,001
985,443
Information Technology
575,000
575,000
Total Expenditures
210,569
2,314,808
6,158,551
2,024,304
10,708,232
Source of Funds:

Developer Contribution
750,000
750,000
DIF-Park & Rec Improvements
200,000
806,048
515,160
400,000
1,921,208
DIF-Quimby
160,000
1,193,952
1,000,000
1,096,640
3,450,592
Measure S
150,000
15,377
3,893,391
527,664
4,586,432
Total Funding
i 510,000
2,015,377
6,158,551
2,024,304
10,708,232
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. Developer Contribution reflects the extraordinary community benefit payment from the Heirloom Farms development. 132

4TiiLcITY OF
-0 TEMECULA Community Recreation Center (CRC) Renovations - Project Location ' UM 'I MIS 4a u, .k r.. I prt a •h Ir'
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 Legend
Parcels
City of Temecula Boundary
Streets

COLLECTOR

LIMITED SECONDARY ARTERIAL
LOCAL

MAJOR ARTERIAL

MODIFIED SECONDARY ARTERI,

PRINCIPAL ARTERIAL

PRIVATE

RURAL HIGHWAY

SECONDARY ARTERIAL

URBAN ARTERIAL
Creeks
❑ Cities
Notes
30875 RANCHO VISTA ROAD
TEMECULA CA 92592

Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 27, 2022
SUBJECT: Accept Improvements and File the Notice of Completion for the Sidewalks — Old Town Improvements (Fifth Street from Old Town Front Street to Murrieta Creek), PW20-02
PREPARED BY: Avlin R. Odviar, Principal Civil Engineer
William Becerra, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Accept the construction of the Sidewalks — Old Town Improvements (Fifth Street from Old Town Front Street to Murrieta Creek), PW20-02, as complete; and

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

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

BACKGROUND: On September 14, 2021, the City Council awarded a construction contract to Marin Concrete Construction, Inc., in the amount of $159,267.30 and authorized the City Manager to approve construction change orders not to exceed the contingency amount of $39,816.83. On November 23, 2021, the City Council increased the contingency by $70,000.00 for a total authorization of $269,084.13 to complete Sidewalks — Old Town Improvements (Fifth Street from Old Town Front Street to Murrieta Creek).

The Sidewalks - Old Town Improvements (Fifth Street from Old Town Front Street to Murrieta Creek) Project provided for construction of new sidewalks along the north side of Fifth Street, rolled curb, full -width street pavement grind and overlay, centerline ribbon gutter, signing and striping, street lighting, landscaping and irrigation, and bollards for the road terminus at Murrieta Creek. The Project improvements were designed in accordance with the Old Town Specific Plan.

Marin Concrete Construction, Inc. has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer.

All work will be warranted for a period of one year from December 7, 2021, the date the City obtained "beneficial use" of the project improvements. The retention for this project was released pursuant to the provisions of Public Contract Code 7107.

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

ATTACHMENTS: 1. Notice of Completion

2. Maintenance Bond

3. Contractor's Affidavit and Final Release

RECORDING REQUESTED BY
AND RETURN TO:

CITY CLERK

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

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

3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Marin Concrete Construction, Inc., 541 Placentia Avenue, Perris, CA 92571, to perform the following work of improvement:

Sidewalks — Old Town Improvements
(Fifth Street from Front Street to Murrieta Creek), PW20-02

4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 27, 2022. That upon said contract Harco National Insurance Company, 2400 E. Katella Ave., Ste. 250, Anaheim, CA 92806, was surety for the bond given by the said company as required by law.

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

Sidewalks — Old Town Improvements
(Fifth Street from Front Street to Murrieta Creek), PW20-02

6. The location of said property is: Fifth Street in the City of Temecula Dated at Temecula, California, this 27t" day of September, 2022.

City of Temecula
Randi Johl, City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

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

Dated at Temecula, California, this 27th day of September, 2022.

City of Temecula
Randi Johl, City Clerk

2021-231

SURETY BOND REVIEW FORM
The attached surety bond(s) have been reviewed in the following amount(s):

PROJECT:

Sidewalks — Old Town Improvements (Fifth Street from Front Street to Murrieta Creek), Project No. PW20-02
CONTRACTOR:

Marin Concrete Construction, Inc.

SURETY
BOND
TYPE
BOND
NUMBER
BOND
AMOUNT
Harco National Insurance Company
Maintenance
0806190
$230,332.20
The surety company is ® is not ❑ an admitted company in the State of California:
■ Financial Strength Rating: A- XI
■ A.M. Best #: 000960
■ NAIC #: 26433
■ CA Company ID #: 3711-9
Insurance Verified By: 4/20/2022
Risk Management Division Date
Approved As to Form:

Peter M. Thorson, City Attorney Date
NOTES:

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 0806190

MAINTENANCE BOND
for

SIDEWALKS - OLD TOWN IMPROVEMENTS (FIFTH STREET FROM FRONT STREET TO

MURRIETA CREEK)
PROJECT NO. PW20-02

KNOW ALL PERSONS BY THESE PRESENT THAT
Merin Concrete Construction, Inc., 541 Placentia Avenue, Perris, CA 92571

NAME AND ADDRESS OF CONTRACTOR
a Corporation
(fill in whether a Corporation, Partnership, or Individual) (hereinafter called "Principal"), and
Harco National Insurance Company, 2400 E. Katella Ave., Suite 250, Anaheim, CA 92806

NAME AND ADDRESS OF SURETY
(hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Two Hundred Thirty Thousand Three Hundred • DOLLARS AND Twenty CENTS ($ 230,332.20 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. 'Thirty -Two
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 14th day of September . 20 21 , a copy of which is hereto attached and made a part hereof for the construction of SIDEWALKS - OLD TOWN IMPROVEMENTS (FIFTH STREET FROM FRONT STREET TO MURRIETA CREEK), PROJECT NO. PW20-02.

WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and
WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 17th day of December 20 21
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.

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

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

Signed and sealed this 14th day of April , 20 22
(Seal) -
SUR : Harm National Ins rance Company
By:

Shaunna Rozeile Ostrom
(Name)
Attorney -In -Fact
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
PRINCIPAL: Mann Concrete Constructlon, Inc
By:
0 (Title)'
By:

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

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

State of California
County of onsen. )
On 4/14/2022 before me, Melissa Ann Vaccaro. Nolary Public (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) !stare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

MELISSA ANN VACCARO
WITNESS my hand and official seal. COMM.#2241G0a
Nois, Publlccai oraa ¢
Q-§4',C.rn..

ORANGECOURV
EvInu May 12.2022
Signature (Seal)
Melissa Ann Vacave

POWER OF ATTORNEY

HARCO NATIONAL INSURANCE COMPANY
Bond No. 0806190

INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
BEN WOLFE, MICHAEL D. STONG, CHELSEA ARNOLD, BEN STONG, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI
Orange, CA
their true and lawful attomey(s)4n-fact to execute, seal and deliver for and on its behaif as surety, any and aii bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting heid on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -In -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behaif of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obiigations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obiigation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
iN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2021 ,,,.l*,.,
'" 9,
X/,�. STATE OF NEW JERSEY STATE OF ILLINOIS ,+�cr•OR j
i s County of Essex County of Cook Z
s1Fau �' o _ z: SEAS.
r I9fl4 ,;rea % O i t 98a
tEb' Kenneth Chapman +5►�
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. £ A0qG�''.

IN TESTIMONY WHEREOF, i have hereunto set my hand affixed my Official Seal, at the City of Newark, `dj OTAgy^g`fit:

New Jersey the day and year first above written.
cu
•.�'Y JEA .

Shirelle A. Outley a Notary Pubiic of New Jersey
My Commission Expires April4,-2023

CERTIFICATION
1, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy. of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals: on file. in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that-1 skid Pow r-of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereuntoaset my hand onlhis day, April A00835 -
14th, 2022
Irene Martins, Assistant Secretary

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CRIL CODE § 1 fW
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certfcate is attached, and not the truthfulness, accuracy, or validity of that document.

State of a iforvnl�a,,� )
County o 1ti1 ✓� ) /' 11
On Nn,l �� aa before me, C tty� VV1rQrtt —7 ,
Date TT � Here insert Name and Title of the Officer
personally appeared a(L()
Name(s) of Signer(e)
who proved to me on the basis of satisfactory evidence to be the pemon(s) whose name(e) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ker/their authorized capacity(�es), and that by his/her/their signature(s) on the instrument the person ft or the entity upon behalf of which the person(* acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
.„ c M www.NationaiNotary.org • 1-500-US NOTARY (1-800-876-6827) Item fi5907

2021-231

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for

SIDEWALKS - OLD TOWN IMPROVEMENTS (FIFTH STREET FROM FRONT STREET TO

MURRIETA CREEK)
PROJECT NO. PW20-02
This is to certify that MARIN CONCRETE CONSTRUCTION, INC (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as SIDEWALKS - OLD TOWN IMPROVEMENTS (FIFTH STREET FROM FRONT STREET TO MURRIETA CREEK), PROJECT NO. PW20-02, situated in the City of Temecula, State of California, more particularly described as follows:

SIDEWALKS - OLD TOWN IMPROVEMENTS : FIFTH ST. FROM FRONT ST. TO MURRIETA CREEK

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

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

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

CONTRACT R:

Dated: 04/ 19/2022 By:

Signature

IVAN MARIN - PRESIDENT
Print Name and Title

Item No. 9

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
SEPTEMBER 13, 2022
CALL TO ORDER at 6:59 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.

13. Approve Action Minutes of August 23, 2022
Recommendation: That the Board of Directors approve the action minutes of August 23, 2022.

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 7:03 PM, the Community Services District meeting was formally adjourned to Tuesday, September 27, 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. 10

TEMECULA PUBLIC FINANCING AUTHORITY

AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Aaron Adams, Executive Director
DATE: September 27, 2022
SUBJECT: Approve Resolutions Related to the Annexation of Territory to the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2)
PREPARED BY: Jennifer Hennessy, Treasurer
RECOMMENDATION:

1. That the Board of Directors of the Temecula Public Financing Authority (the "Board") hold a public hearing relating to the proposed annexation of territory to Zone 1 of the Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2), and adopt the resolution entitled:

RESOLUTION NO. TPFA 2022-

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY OF
ANNEXATION OF TERRITORY TO ZONE 1 OF THE

TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2), AUTHORIZING THE LEVY

OF A SPECIAL TAX THEREIN AND SUBMITTING LEVY OF

SPECIAL TAX TO THE QUALIFIED ELECTOR

2. That the Board hold an election regarding the annexation, and adopt the resolution enitled:

RESOLUTION NO. TPFA 2022-

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY

DECLARING RESULTS OF SPECIAL ANNEXATION

ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, DIRECTING RECORDING OF

AMENDMENT TO NOTICE OF SPECIAL TAX LIEN AND

APPROVING SECOND AMENDMENT TO ACQUISITION

AGREEMENT

BACKGROUND: In 2016, the Temecula Public Financing Authority (the "Authority") Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD") was formed and subsequently $42,815,000 principal amount of bonds were issued in 2017 by the Authority for the CFD to finance various public facilities required for the development of the property in the CFD. The bonds are payable from the proceeds of an annual special tax levied on property in the CFD.

The Authority has received a Petition (Including Waivers) (the "Petition") from Woodside 05S, LP, a California limited partnership (the "Developer") requesting that the Authority, among other matters, annex property identified in the Petition to Zone 1 of the CFD. Furthermore, the Developer would like the Authority to issue special tax bonds for the CFD (the "Bonds"), payable from special taxes levied on property in the CFD and in the property being annexed to Zone 1 of the CFD on a parity with the bonds issued in 2017, to provide funds to finance costs of improvements authorized to be financed by the CFD in excess of available 2017 bond proceeds.

On August 23, 2022, the Board adopted a resolution of intention to annex territory owned by the Developer to Zone 1 of the CFD and levy special taxes on the property proposed to be annexed and set the date for a public hearing regarding the annexation for September 27, 2022.

SPECIFIC ACTIONS: If, following the public hearing, no majority protest has been filed pertaining to the annexation, the Board will consider the adoption of the following resolution:

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY OF
ANNEXATION OF TERRITORY TO ZONE 1 OF THE

TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2), AUTHORIZING THE LEVY

OF A SPECIAL TAX THEREIN AND SUBMITTING LEVY OF

SPECIAL TAX TO THE QUALIFIED ELECTOR
Following the adoption of the above resolution, the Secretary of the Board will tabulate the ballot cast in the special election called regarding the levy of a special tax within the territory annexed to the CFD. The Developer, as the sole owner of the land in the CFD, is the only entity entitled to vote in the election.

If the results of the special election reveal that the propositions have received the affirmative vote of the Developer, the Authority is then requested to adopt the following resolution:

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY

DECLARING RESULTS OF SPECIAL ANNEXATION

ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, DIRECTING RECORDING OF

AMENDMENT TO NOTICE OF SPECIAL TAX LIEN AND

APPROVING SECOND AMENDMENT TO ACQUISITION

AGREEMENT

The Resolution declares the subject property to be fully annexed to Zone 1 of the CFD and provides that special taxes now can be levied on the property. The Resolution directs the Secretary to record in the County Record's Office an amendment to the Notice of Special Tax Lien (previously recorded at the time the CFD was formed in 2016) that places a lien on the annexed property to secure the payment of the special taxes. The Resolution also approves a Second Amendment to the Acquisition Agreement between the Authority, for and on behalf of the CFD, and the Developer that governs the use of proceeds of the Bonds, when and if issued, to finance improvements authorized to be funded by the CFD. A prior First Amendment to the Acquisition Agreement, entered into by the Authority for the CFD and the Developer on March 9, 2022, set forth the priority for use of CFD Bond proceeds to finance improvements as follows:
1) First Priority Public Improvements:
a. Butterfield Stage Road Improvements
b. Rancho California Road Intersection and Transitions
2) Second Priority Public Improvements
a. Santa Gertrudis Creek Channel Improvements
3) Third Priority Public Improvements; in this order
a. Nicolas Road from BSR to Phase 2 Boundary 1,200 feet b. Nicolas Road from Phase 2 Boundary to Westerly end of Improvements near Liefer Rd.
c. Nicolas/Calle Girasol Culvert and Channel Improvements 4) Fourth Priority Public Improvements
a. Winchester Road/Nicolas Road Intersection Improvements It is expected that staff will present a Resolution approving the issuance of the Bonds and related Bond documents at the October 25th Authority Board meeting.

FISCAL IMPACT: None. All costs associated with the annexation and the issuance of the Bonds will be paid for from amounts advanced by the Developer and/or out of the proceeds of the Bonds when and if they are issued.

ATTACHMENTS: 1. Resolutions (2)

2. Amendment to Notice of Special Tax Lien

3. Second Amendment to Acquisition Agreement

RESOLUTION NO. TPFA 2022-

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY OF
ANNEXATION OF TERRITORY TO ZONE 1 OF THE

TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2), AUTHORIZING THE

LEVY OF A SPECIAL TAX THEREIN AND SUBMITTING

LEVY OF SPECIAL TAX TO THE QUALIFIED ELECTOR

THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. On August 23, 2022, the Board of Directors of the Temecula Public Financing Authority (the "Authority"), adopted its Resolution No. TPFA 2022-12 (the "Resolution of Intention") stating its intention to annex territory to Zone 1 of the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD"), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act").

Section 2. A copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to Zone 1 of the CFD and stating the facilities to be financed by the CFD and the rate and method of apportionment of the special tax to be levied on property in the CFD to pay for the facilities and/or the principal and interest on bonds issued for the CFD, is on file with the Secretary and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein.

Section 3. On the date hereof, the Board of Directors of the Authority held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to Zone 1 of the CFD, and at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to Zone 1 of the CFD and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held.

Section 4. Prior to the closing of the public hearing, no written or oral protests had been made against the proposed annexation of territory to the CFD by (i) any registered voter residing in the existing territory of the CFD, or (ii) any registered voter residing in the territory proposed to be annexed to the CFD, or (iii) any of the owners of land in the existing territory of the CFD, or (iv) any of the owners of land in the territory proposed to be annexed to the CFD.

Section 5. All prior proceedings taken by the Board of Directors of the Authority with respect to the CFD and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act.

Section 6. The boundaries of the territory to be annexed to the CFD, as described on the Proposed Annexation No. 1 Boundary Map on file with the Secretary and heretofore recorded on

August 25, 2022 at 12:35 p.m. in the Riverside County Recorder's Office in Book 89 at page 52 of Maps of Assessment and Community Facilities District (Document No. 2022-0372096), are hereby finally approved, and said territory is hereby ordered annexed to Zone 1 of the CFD, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

Section 7. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to Zone 1 of the CFD shall be submitted to the qualified elector of the area to be annexed to the CFD at an election called therefor as hereinafter provided.

Section 8. The Board of Directors of the Authority hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFD for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by the Board of Directors of the Authority for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, the Board of Directors of the Authority finds that the sole qualified elector for purposes of the annexation election is the owner of all of the land within the territory proposed to be annexed to the CFD and that the vote shall be by said landowner, having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the CFD.

Section 9. The Board of Directors of the Authority hereby calls a special election to consider the measure described in Section 7 above, which election shall be held in the Temecula City Council chambers immediately following adoption of this Resolution. The Secretary is hereby designated as the official to conduct said election. It is hereby acknowledged that the Secretary has on file a copy of the Resolution of Intention, a copy of the map of the proposed boundaries of the territory to be annexed to the CFD, and a sufficient description to allow the Secretary to determine the boundaries of the territory to be annexed to the CFD. The voted ballot shall be returned to the Secretary no later than immediately following the adoption of this Resolution; and when the sole qualified elector has voted the election shall be closed.

Section 10. Pursuant to Section 53327 of the Act, the election shall be conducted by hand - delivered ballot pursuant to the California Elections Code. The Board of Directors of the Authority acknowledges that the Secretary has caused to be delivered to the sole qualified elector of the territory to be annexed to the CFD a ballot in the form set forth in Exhibit "A" hereto. The ballot indicated the number of votes to be voted by the landowner. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.

Section 11. The Secretary shall accept the ballot of the qualified elector in the Temecula City Council chambers upon and prior to the adoption of this Resolution, whether the ballot is

personally delivered or received by mail. The Secretary shall have available a ballot which may be marked at said location on the election day by the qualified elector.

Section 12. The Board of Directors of the Authority hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified elector of the territory to be annexed to the CFD. The ballot to be executed by the sole qualified elector of the area to be annexed to the CFD contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, the Board of Directors of the Authority finds and determines that to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and will have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have thereby been fully protected in these proceedings. The Board of Directors of the Authority also finds and determines that the Secretary has concurred in the shortened time for the election.

PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 27th day of September, 2022.

Matt Rahn, Chair
ATTEST:

Randi Johl, Secretary
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2022- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 271h day of September, 2022, by the following vote:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

Randi Johl, Secretary

EXHIBIT A

TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)

OFFICIAL BALLOT

ANNEXATION ELECTION
(September 27, 2022)
This ballot is for the special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the Secretary of the Temecula Public Financing Authority no later than immediately after adoption of the resolution of the Board of Directors of the Authority calling said election, either by mail or in person.

To vote, mark a cross (X) in the voting line after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the Temecula Public Financing Authority and obtain another.

BALLOT MEASURE: Shall the Temecula Public
Financing Authority, by and for the Temecula Public
Financing Authority Community Facilities District No. 16- 01 (Roripaugh Ranch Phase 2) (the "District"), be YES:
authorized to levy special taxes within the territory being annexed to Zone 1 of the District pursuant to and as NO:
described in Resolution No. TPFA-2022-12, adopted by the Board of Directors of the Temecula Public Financing
Authority on August 23, 2022?
By execution in the space provided below, you also confirm your waiver of any time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.

Number of Votes: 32
Property Owned by Property Riverside County Assessor's Parcel Nos.

Owner: 964-640-015 and
964-640-016
A-1

Property Owner: Woodside 055, LP,
a California limited partnership
By: WDS GP, Inc.
a California corporation,
its general partner
In
Name:

Title:

A-2

RESOLUTION NO. TPFA 2022-

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY

DECLARING RESULTS OF SPECIAL ANNEXATION

ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, DIRECTING RECORDING OF

AMENDMENT TO NOTICE OF SPECIAL TAX LIEN AND

APPROVING SECOND AMENDMENT TO ACQUISITION

AGREEMENT

THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. In proceedings conducted by the Board of Directors of the Temecula Public Financing Authority (the "Authority") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), the Board of Directors of the Authority has adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Annexation of Territory to Zone 1 of the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2), Authorizing the Levy of a Special Tax Therein and Submitting Levy of Special Tax to the Qualified Elector" (the "Resolution of Annexation"), which called for a special election of the sole landowner elector in the territory of land proposed to be annexed to Zone 1 of the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD").

Section 2. Pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the Secretary has filed a Canvass and Statement of Result of Election, a copy of which is attached hereto as Exhibit A, and the Board of Directors of the Authority has reviewed the canvass and hereby approves it.

Section 3. The issue presented at the special election was the levy of a special tax within the territory annexed to Zone 1 of the CFD, to be levied in accordance with the rate and method of apportionment of special tax for the CFD heretofore approved by the Board of Directors of the Authority, all as described in Resolution No. TPFA 2022-12, entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Intention to Annex Territory to the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) and to Authorize the Levy of Special Taxes Therein," adopted by the Board of Directors of the Authority on August 23, 2022.

Section 4. Pursuant to the Canvass on file with the Secretary, the issue presented at the special election was approved by the sole owner of the territory annexed to the CFD at the special election.

Section 5. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of Zone 1 of the CFD and the Board of Directors of the Authority may levy special taxes therein as heretofore provided in these proceedings.

Section 6. It is hereby found that all prior proceedings and actions taken by the Board of Directors of the Authority with respect to the CFD and the territory annexed thereto were valid and in conformity with the Act.

Section 7. Within 15 days of the date of adoption hereof, the Secretary shall execute and cause to be recorded in the office of the County Recorder of the County of Riverside, a First Amendment to Notice of Special Tax Lien, in the form provided by Bond Counsel and otherwise as required by Section 3117.5 of the California Streets and Highways Code.

Section 8. As a consequence of the annexation of territory to the CFD, and the increase in the taxing capacity of the CFD, the Authority expects to consider the issuance of additional special tax bonds for the CFD. The Second Amendment to Acquisition Agreement (the "Second Amendment") related to the use of proceeds of special tax bonds that may be issued by the Authority for the CFD to acquire certain of the facilities authorized to be funded by the CFD, between the Authority and Woodside 05S, LP, in the form presented to the Board of Directors at this meeting, is hereby approved. The Executive Director is hereby authorized, for the Authority on behalf of the CFD, to execute and deliver the Second Amendment in said form, with such additions thereto or changes therein as are deemed necessary, desirable or appropriate by the Executive Director upon consultation with the Authority's General Counsel and Bond Counsel, the approval of such changes to be conclusively evidenced by the execution and delivery by the Executive Director of the Second Amendment. It is expressly acknowledged that the approval of the Second Amendment does not obligate the Authority to issue any additional special tax bonds for the CFD.

PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 27th day of September, 2022.

Matt Rahn, Chair
ATTEST:

Randi Johl, Secretary
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

Randi Johl, Secretary

EXHIBIT A

TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)

ANNEXATION ELECTION

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date in the territory annexed to the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) which election is designated as the Annexation Election, and the total number of ballots cast in the territory to be annexed and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner Votes
Votes Cast YES NO
Temecula Public Financing Authority
Community Facilities District No. 16-01
Annexation Election,
September 27, 2022. 32 32
BALLOT MEASURE: Shall the Temecula Public Financing Authority, by and for the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "District"), be authorized to levy special taxes within the territory being annexed to Zone 1 of the District pursuant to and as described in Resolution No. TPFA 2022-12 adopted by the Board of Directors of the Temecula Public Financing Authority on August 23, 2022? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 27th day of September, 2022.

TEMECULA PUBLIC FINANCING

AUTHORITY
Randi Johl, Secretary
A-1

Quint & Thimmig LLP
8/29/22
9/9/22

RECORDING REQUESTED BY
AND RETURN TO:

CITY CLERK

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590

EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
Sections 6103 and 27383
(THIS SPACE FOR RECORDER'S USE ONLY)

AMENDMENT TO

NOTICE OF SPECIAL TAX LIEN
ANNEXATION OF PROPERTY TO ZONE 1 OF THE

TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT 16-01
(RORIPAUGH RANCH PHASE 2)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (GOVT. CODE 27361.1) 20009.22:J 18474

AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
ANNEXATION OF PROPERTY TO ZONE 1 OF THE

TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT 16-01
(RORIPAUGH RANCH PHASE 2)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and Section 53311 et seq. of the California Government Code, the undersigned Secretary of the Temecula Public Financing Authority (the "Authority"), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the Authority on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds issued and to be issued for the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "District"), the proceeds of which were used to prepay certain special taxes and are being and are to be used to finance a portion of the costs of certain public improvements, as well as pay for certain public services and administrative expenses, as described in, and said special tax is to be levied according to the rate and method of apportionment of special tax set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Riverside, State of California on May 4, 2016 at the hour of 3:14 p.m. as Document No. 2016- 0180604 (the "Original Notice"), to which recorded Original Notice reference is hereby made and the provisions of which are by this referenced incorporated herein.

This Amendment to Notice of Special Tax Lien amends the Original Notice to add to the territory of Zone 1 of the District the lands set forth in that certain map entitled "Proposed Annexation No. 1 Boundary Map of the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2), City of Temecula, County of Riverside, State of California," heretofore recorded on August 25, 2022 at 12:35 p.m., in Book 89 of Maps of Assessment and Community Facilities Districts at Page 52 (Document No. 2022-0372096) in the office of the County Recorder of the County of Riverside, State of California.

The assessor's tax parcel numbers of all parcels or any portion thereof which are included in this Amendment to Notice of Special Tax Lien, together with the name of the owner thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Authority are as set forth in Exhibit A hereto and by this referenced made a part hereof.
-1-

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Treasurer of the Temecula Public Financing Authority, 41000 Main Street, Temecula, CA 92590, telephone number (951) 693-3945.

Dated: 12022.
91 Randi Johl, Secretary,
Temecula Public Financing Authority
-2-

EXHIBIT A

ANNEXATION OF PROPERTY TO

TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT 16-01
(RORIPAUGH RANCH PHASE 2)

ASSESSOR'S PARCEL NUMBERS AND OWNER OF LAND WITHIN
TERRITORY OF ANNEXATION TO ZONE 1 OF THE

TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT 16-01
(RORIPAUGH RANCH PHASE 2)
Assessor's Parcel Nos. Names of Property Owner
964-640-015 Woodside 05S, LP
964-640-016 1250 Corona Pointe, Suite 500
Corona, CA 92879
A-1

SECOND AMENDMENT TO ACQUISITION AGREEMENT DATED AS OF
MARCH 1, 2017 BY AND BETWEEN THE TEMECULA PUBLIC FINANCING AUTHORITY AND WOODSIDE 055, LP
THIS SECOND AMENDMENT TO ACQUISITION AGREEMENT (the "Second Amendment") is made and entered into as of September 27, 2022, by and between (i) the Temecula Public Financing Authority, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Authority"), for and on behalf of the Authority's Community Facilities District No. 03-02 (Roripaugh Ranch) (the "2005 CFD") and the Authority's Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "2016 CFD"), and (ii) Woodside 055, LP ("Woodside"), as successor to Roripaugh Valley Restoration, LLC, a Delaware limited liability company under the Acquisition Agreement referenced below.

In consideration of the mutual agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. RECITALS. This Second Amendment is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties:

A. The Authority established Community Facilities District 03-02 (Roripaugh Ranch) and Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) and issued bonds to fund the public improvements (the "Facilities") as described in Section 3.03 and Exhibit D of that certain Acquisition Agreement by and between the Temecula Public Financing Authority and Roripaugh Valley Restoration, LLC dated as of March 1, 2017 ("Acquisition Agreement"). Woodside is the successor to the rights and obligations of Roripaugh Valley Restoration, LLC under the Acquisition Agreement.

B. The Authority and Woodside entered into a First Amendment to Acquisition Agreement dated as of March 1, 2017 by and between the Temecula Public Financing Authority and Woodside 055, LP as of March 9, 2022 (the "First Amendment").

C. The City has conducted proceedings to annex certain property owned by Woodside into Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "2016 CFD") and, at the request of Woodside, now is considering the issuance of additional special tax bonds of the Authority for the 2016 CFD (the "2022 Special Tax Bonds") in order to provide additional funds for the acquisition of Facilities pursuant to the Acquisition Agreement, as amended by the First Amendment.

D. It is expected that the principal amount of the 2022 Special Tax Bonds will reflect, in part, the additional special tax revenue of the 2016 CFD generated by the expected build out of Woodside's annexed property, and that proceeds of the 2022 Special Tax Bonds, when and if issued by the Authority, will be available to fund costs of Facilities in accordance with the priorities established in the Acquisition Agreement, as amended by the First Amendment.
#211556 v1 9103.34

2. ACKNOWLEDGMENT. The Authority and Woodside acknowledge and agree that the Authority is proceeding with actions necessary for the issuance of the 2022 Special Tax Bonds, but the Authority is not obligated to issue the 2022 Special Tax Bonds. When and if the 2022 Special Tax Bonds are issued, the Authority will reserve proceeds of the 2022 Special Tax Bonds to be used, together with any amounts available in an Improvement Fund (as defined in the Acquisition Agreement), to finance Facilities in accordance with the priorities established in the Acquisition Agreement, as amended by the First Amendment.

3. GENERAL.

A. In entering into this Second Amendment, the parties represent that they have relied upon the legal advice of their attorneys, who are the attorneys of their own choice, and that these terms are fully undertaken and voluntary accepted by them. The parties further represent that they have no questions with regard to the legal import of any term, work phrase, or portion of this Second Amendment, or the Second Amendment in its entirety, and accept the terms of this Second Amendment as written.

B. The parties on behalf of themselves and their successors and assigns, acknowledge and agree that this Second Amendment is valid, lawful, and biding upon the each of the respective parties and their successors and assigns.

C. This Second Amendment constitutes the entire agreement between the parties with respect to the subject matter hereof, and this Second Amendment supersedes all previous negotiations, discussion, and agreement between the parties to this Second Amendment with respect to its terms.

D. Except for the terms specifically set forth in this Second Amendment with respect to the terms of the Acquisition Agreement, all other terms and conditions of the Acquisition Agreement, as amended by the First Amendment, shall remain in full force and effect and all capitalized terms used herein that are not otherwise defined shall have the meaning ascribed to them in the Acquisition Agreement.

E. The recitals set forth in Section 1 of this Second Amendment are true and correct and are incorporated herein by this reference.

F. Woodside warrants and represents to the Authority that it has obtained all required third -party approvals required for its approval of this Second Amendment. [Signature Page Follows]
#211556 vl 9103.34 2

IN WITNESS WHEREOF, the parties hereto have signed and entered into this Second Amendment as of the day and year first above written.

TEMECULA PUBLIC FINANCING

AUTHORITY
Aaron Adams,
Executive Director
ATTEST:

By:

Randi Johl,
Secretary
APPROVED AS TO FORM:

Peter M. Thorson,
General Counsel
WOODSIDE 05S, LP,
a California limited partnership
By: WDS GP, Inc.,
a California corporation,
its General Partner
By:

Name:

Its:
#211556 vl 9103.34 3

Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: September 27, 2022
SUBJECT: Conduct Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing, Adopt a Resolution Approving the Issuance of Not to Exceed $25,000,000 of California Enterprise Development Authority Revenue Obligations for the Benefit of Vine Creek Apartments Affordable Housing Project
PREPARED BY: Haide Urias, Senior Management Analyst
RECOMMENDATION: That the City Council:

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 $25,000,000 AGGREGATE PRINCIPAL

AMOUNT OF THE CALIFORNIA ENTERPRISE

DEVELOPMENT AUTHORITY REVENUE OBLIGATIONS

FOR THE PURPOSE OF FINANCING, REFINANCING

AND/OR REIMBURSING THE COST OF ACQUISITION,

CONSTRUCTION, INSTALLATION, EQUIPPING OF

MULTIFAMILY RENTAL HOUSING FOR THE BENEFIT OF

VINE CREEK APARTMENTS AFFORDABLE

DEVELOPMENT AND OTHER MATTERS RELATING

THERETO HEREIN SPECIFIED

BACKGROUND:

The Authority. The California Municipal Finance Authority (CMFA) was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 330 municipalities, including the City of Temecula, have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA's representatives and its Board of Directors have considerable experience in bond financings.

There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City's appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required.

The Borrower. Temecula Pacific Associates, a California Limited Partnership (the 'Borrower") a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner. Pacific West Communities, Inc. ("PWC") was formed as a real estate development and financing firm, specializing in the construction and rehabilitation of affordable workforce housing throughout the western United States. With a particular emphasis on the use of the affordable housing tax credits, PWC and its related companies develop multi- family and senior citizen housing in the states of California, Arizona, New Mexico, Utah, Oregon, Montana, Idaho, Nevada, Colorado, Washington, and Wyoming. Currently PWC owns and operates approximately 110 developments with over 6,000 units of affordable housing.

The Prot. Temecula Pacific Associates, a California Limited Partnership (the 'Borrower") a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner requested that the California Municipal Finance Authority (the "CMFA") serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $25,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project to be located at the northwest corner of Main Street and Pujol Street (APNs 922-053-047-6, 922-053-021-2 and 922-053-048-7), Temecula, California (the "Project").

For all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Temecula must conduct a public hearing (the "TEFRA Hearing") providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Vine Creek Apartments Affordable Housing Project ("Project"). Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

The site for the proposed project, Vine Creek Apartments, is approximately 2.27 acres of land located on the northwest corner of Main Street and Pujol Street in the City of Temecula. The proposed development will be a 60-unit rental new construction project. With a mix of seven (7) one -bedroom units, 32 two -bedroom units, and 21 three -bedroom units, Vine Creek Apartments will provide affordable housing for families earning up to 60% of the area median income for Riverside County. The project will include two residential buildings. The units will be newly constructed three-story garden style apartments. Exterior design elements are incorporated with the design style of Andalusian Spanish Architecture to conform to the Temecula Old Town Specific Plan. Within the units, residents will enjoy standard features including refrigerators, exhaust fans, dishwashers, disposals, and ranges with ovens. All units feature an outdoor balcony or patio with storage space. Project amenities are distributed throughout the site, providing community space in both residential buildings. Amenities include a large community room with kitchen, fitness center, centrally located pool with pool deck, and outdoor children's playground.

This financing will create 59 units of affordable housing for low-income households in the City of Temecula for the next 55 years.

FISCAL IMPACT: The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non- profit public benefit corporation (the "Foundation"), acts as the Board of Directors for the CMFA.

Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Temecula, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

ATTACHMENTS: 1. Resolution

2. City Council Resolution No. 19-45, California Association for Local Economic Development Membership

3. Notice of Public Hearing

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 $25,000,000

AGGREGATE PRINCIPAL AMOUNT OF THE

CALIFORNIA ENTERPRISE DEVELOPMENT

AUTHORITY REVENUE OBLIGATIONS FOR THE

PURPOSE OF FINANCING, REFINANCING AND/OR

REIMBURSING THE COST OF ACQUISITION,

CONSTRUCTION, INSTALLATION, EQUIPPING OF

MULTIFAMILY RENTAL HOUSING FOR THE BENEFIT

OF VINE CREEK APARTMENTS AFFORDABLE

DEVELOPMENT AND OTHER MATTERS RELATING

THERETO HEREIN SPECIFIED
WHEREAS, Temecula Pacific Associates, a California Limited Partnership (the "Borrower") a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing and providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the 'Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project to be located at the northwest corner of Main Street and Pujol Street (APNs 922-053-047-6, 922-053-021-2 and 922-053-048-7), Temecula, California (the "Project"); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Temecula (the "City") because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA, AS FOLLOWS:

Section 1. The foregoing resolutions are true and correct.

Section 2. 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 constitutes approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to:

1. Provide any financing to acquire or construct the Project or any refinancing of the Project.

2. Approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation, or operation of the Project.

3. Make any contribution or advance any funds whatsoever to the Authority.

4. Take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of September, 2022.

Matt Rahn, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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

Notice of Public Hearin

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

Case No.: LR22-0946
Applicant: California Municipal Finance Authority
Location: Northwest corner of Main Street & Pujol Street (APNs 922-053-047-6, 922-053-021-2 and 922-053-048-7), Temecula, California
Proposal: The City Council of the City of Temecula will hold a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code") with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $25,000,000 in aggregate principal amount (the "Bonds").

The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, construction, improvement and equipping of Vine Creek Apartments, a multifamily rental housing project to be located at the northwest corner of Main Street & Pujol Street (APNs 922-053-047-6, 922-053-021-2 and 922- 053-048-7), Temecula, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Temecula Pacific Associates, a California Limited Partnership or a partnership of which Pacific West Communities, Inc. (the "Developer") or a related person to the Developer is the general partner.

Environmental Action: None
PLACE OF HEARING: City of Temecula, Council Chambers, 41000 Main Street, Temecula, CA DATE OF HEARING: September 27, 2022
TIME OF HEARING: 6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.

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

The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Haide Urias, City of Temecula Community Development Department, (951) 693-3918.

Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: September 27, 2022
SUBJECT: Introduce Ordinance Adopting 2022 California Fire Code PREPARED BY: Elsa Wigle, Assistant Fire Marshal
Wendy Miller, Management Analyst
RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled:

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING BY REFERENCE THE 2022 EDITION
OF THE CALIFORNIA FIRE CODE BASED ON THE 2021

INTERNATIONAL FIRE CODE, IN ITS ENTIRETY,

REGULATING AND GOVERNING THE SAFEGUARD OF

LIFE AND PROPERTY FROM FIRE AND EXPLOSION

HAZARDS ARISING FROM THE STORAGE, HANDLING AND

USE OF HAZARDOUS SUBSTANCES, MATERIALS AND

DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE

OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND

PREMISES IN THE CITY OF TEMECULA, INCLUDING

CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS,

AND PROVIDING FOR THE ISSUANCE OF PERMITS AND

THE COLLECTION OF FEES

SUMMARY OF
ORDINANCE: Code adoption of the new California Fire Code, 2022 Edition as well as local amendments to the code.

BACKGROUND: In accordance with the requirements of State law, and in order to maintain appropriate standards and regulations pertaining to the protection of life and property from fire and explosion, it is now necessary to incorporate within the Temecula Municipal Code, the 2022 Edition of the California Fire Code, as set forth in Part 9 of Title 24 of the California Code of Regulations, inclusive of all of the inclusions and exclusions set forth in each chapter's matrix. This Code shall constitute the Fire Code of the City of Temecula.

The Ordinance adopts regulations dealing with the various aspects of administration of said Fire Code including, but not limited to, its scope of application, alternative materials and methods, applicable standards, enforcement of said Code by designated officials, appeals of determinations by the Fire Chief and permit fees pursuant to said Code.

The Code, together with certain amendments, additions and deletions, generally deals with all aspects of safeguarding life and property, establishes fire and panic safety -related building regulations, and specific regulations pertaining to the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices.

Further, the Fire Code of the City of Temecula, together with the amendments, additions and deletions set forth in the Ordinance, establish regulations to safeguard life and property from hazardous conditions in the use or occupancy of buildings or premises within the City of Temecula.

The Ordinance provides that violations of the Ordinance may be enforced pursuant to the enforcement provisions set forth in Title 1 of the Temecula Municipal Code, including the use of civil remedies.

A certified copy of the entirety of the text of this ordinance, together with a copy of the 2022 California Fire Code, shall be maintained in the office of the City Clerk, 41000 Main Street, Temecula, California, and shall be made available for public inspection.

FISCAL IMPACT: There is no fiscal impact.

ATTACHMENTS: Ordinance

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING BY REFERENCE THE 2022

EDITION OF THE CALIFORNIA FIRE CODE BASED ON
THE 2021 INTERNATIONAL FIRE CODE, IN ITS

ENTIRETY, REGULATING AND GOVERNING THE

SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND

EXPLOSION HAZARDS ARISING FROM THE STORAGE,

HANDLING AND USE OF HAZARDOUS SUBSTANCES,

MATERIALS AND DEVICES, AND FROM CONDITIONS

HAZARDOUS TO LIFE OR PROPERTY IN THE

OCCUPANCY OF BUILDINGS AND PREMISES IN THE

CITY OF TEMECULA, INCLUDING CERTAIN

AMENDMENTS, ADDITIONS, AND DELETIONS, AND

PROVIDING FOR THE ISSUANCE OF PERMITS AND THE

COLLECTION OF FEES

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

Section 1. Chapter 15.16 of the Temecula Municipal Code, including all provisions of all codes adopted by reference therein, is hereby repealed provided, however, that such repeal shall not affect or excuse any violation occurring prior to the effective date of this Ordinance. A new Chapter 15.16 is hereby added to Title 15 of the Temecula Municipal Code to read as follows:

Chapter 15.16 FIRE CODE

15.16.010 Code adopted.

The City of Temecula hereby adopts by reference the California Fire Code, 2022 Edition, as set forth in Part 9 of Title 24 of the California Code of Regulations, except as stated in this Section or as amended below in Section 15.16.020 of this Ordinance, including all provisions and appendices B, BB, C, CC and H and all of the inclusions and exclusions set forth in each chapter's matrix, and the same shall apply to the City of Temecula. In addition, the following provisions that are excluded in the 2022 California Fire Code are hereby adopted: Chapter 1, Division II is hereby adopted, except that Sections 103.2 and 111.3 are not adopted, and Chapters 3, 25, and Sections 403.11, 503, 510.2, and 1103.2 are adopted.

15.16.020 Amendments.

The following amendments, additions, and deletions are made to the California Fire Code, 2022 Edition, as adopted by this Chapter:

A. CHAPTER 1: SCOPE AND ADMINISTRATION
Section 101.4 is added to read as follows:
101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.

Section 102.5 is amended to read as follows:
102.5 Application of Residential Code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

Section 103.4 is amended to read as follows:
103.4 Liability. Any liability against Riverside County or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

Section 104.1.1 is added to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.

1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council.

2. The Fire Chief is authorized to administer, interpret and enforce this ordinance.

Under the Fire Chief s direction, the Riverside County Fire Department is

authorized to enforce ordinances of the City of Temecula pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.

2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress and occupant loads.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the City of Temecula Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management.
3 Section 104.13 is added to read as follows:
104.13 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the City Council within fifteen (15) calendar days of the Fire Chief s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, "hazardous fire area" shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult, resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

Section 107.2 of the California Fire Code is deleted in its entirety and replaced with the following:
107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Temecula fee schedule.

Section 107.7 is added to read as follows:
107.7 Cost recovery. Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150 et seq., as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.

Section 111.1 is deleted and replaced with the following:
111.1 Board of appeals established. The Board of Appeals shall be the City Manager.

If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board. 4 B. CHAPTER 2: DEFINITIONS
SECTION 202 — GENERAL DEFINITIONS is amended by revising the definition of Fire Chief, as follows:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief s designee C. CHAPTER 3: OPEN FLAMES
Section 308.1.6.3 of the California Fire Code is deleted in its entirely and replaced with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device.

D. CHAPTER 5: FIRE SERVICE FEATURES
Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24-feet, exclusive of shoulders, for single family dwellings tract homes, multifamily homes, commercial, and industrial development, with an unobstructed vertical clearance of not less than 13-feet 6-inches.

Exception: New custom home lot driveway access shall be a minimum of 20-feet in width.

Section 503.2.2 deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.

Section 503.2.3 Surface is amended to read as follows:

Section 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be of a surface to provide all-weather driving capabilities such as asphalt or cement (AC). Access roads shall have a minimum AC thickness of .25 feet.

Section 503.2.5 is amended to read as follows:
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150-feet in length shall be provided with an approved area for turning around fire apparatus. The maximum length of a dead-end road or cul-de-sac shall not exceed 1320 feet, unless a second access point is provided for fire access.

Section 503.6.1 is added to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department Standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels.

Section 503.7 is added to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop- off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

Section 505.1 is amended to read as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Commercial, multi -family residential and industrial buildings shall have a minimum of twelve (12) inch numbers with suite numbers being a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi -family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau.

Address numbers shall be maintained.

EXCEPTION: Building address numbers within the Tourist Retail Core (TRC) of the Old Town Specific Plan, are permitted to be a minimum of eight (8) inches in size.

Sections 507.5.7 is added to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Super Hydrant Standard — one (1) four (4) inch outlet and two (2) two and one half (2 1/2) inch outlet.

2. Super Hydrant Enhanced — two (2) four (4) inch outlet and one (1) two and one half (2 1/2) inch outlet.

Section 507.5.8 is added to read as follows:

507.5.8 Fire hydrant street marker. Fire hydrant locations shall be identified by the Installation of reflective markers (blue dots). Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

Section 508.1 is amended to read as follows:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.

Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.

Section 508.1.3 is amended by adding the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall be a minimum of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438mm).

Section 508.1.6 is amended by adding the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features.

Section 508.1.8 is amended to read as follows:
508.1.8 Fire command center identification. The fire command center shall be identified by a permanent easily visible sign stating "Fire Dept. Command Center," located on the door to the fire command center.

Section 509.2.1 is added to read as follows:
509.2.1 Minimum clearances. A 3-foot clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire

protection system component that may require immediate access, except as otherwise required or approved.

Section 509.3 is added to read as follows:
509.3 Fire sprinkler system riser room. Fire sprinkler risers shall not be obstructed in any manner. The fire system riser(s) is to be provided with eighteen (18) inch clearance to each side and to the front of the system riser. Access shall be provided by means of an exterior door with the minimum dimensions two (2) feet six (6) inches wide by six (6) feet eight (8) inches tall. The fire system riser room shall house the fire sprinkler riser(s) and main fire alarm control panel and not share with any other equipment (i.e. mechanical, electrical, etc.). The fire sprinkler riser room will be located on an accessible corner of the structure with easy access for all fire department personnel.

E. CHAPTER 6: BUILDING SERVICES AND SYSTEMS
Section 608.11.1.2 is amended to read as follows:

Section 608.11.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valve shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

F. CHAPTER 9: FIRE PROTECTION SYSTEMS
Section 901.2.2 is added to read as follows:
901.2.2 As-built/Revised documents. Three (3) sets of as-built/revised drawings shall be submitted to the fire department for approval prior to final of any permits. Redlines are not considered as-builts/revised plans.

Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 — 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence. In addition the following is required for existing buildings/structures:

A. 1. All new tenants and new occupancies hereafter constructed, which exceeds 3,600 square feet shall have an approved automatic fire sprinkler system installed throughout therein.

2. All existing occupancies to which additions are made, where either the addition

itself or the building and the addition in total exceeds 3,600 square feet, shall have an approved automatic fire sprinkler system installed throughout therein.

3. Change of use or occupancy that exceeds 3,600 square feet shall have an approved automatic fire sprinkler system installed throughout therein.

B. Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agriculture constructed in accordance with the California Building Code.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.
4 Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

C. One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception in Section 903.2.11.3
Section 903.3.5.3 is added to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Section 903.4.3 is amended to read as follows:
903.4.3 Floor control valves. Approved supervised indication control valves shall be provided at the point of connection to the riser in all buildings. Valve locations will be placed in the fire sprinkler riser room on each riser.

Section 904.2.2.1 is added to read as follows:
904.2.2.1 Extinguishing system monitoring requirements. All automatic fire - extinguishing systems will be required to be monitored by a fire alarm/sprinkler monitoring system. If a fire alarm/sprinkler monitoring system is not present, one will be required to be installed to provide monitoring for the automatic fire -extinguishing system.

Sections 907.1.6,907.1.7 and 907.1.8 are added to read as follows:
907.1.6 Fire alarm control panel (FACP). The main fire alarm control panel shall be located in the same room as, and sharing the same access as the fire sprinkler riser. The FACP shall have a minimum 36 inches of face clearance and 6 inches side clearance from any other wall or equipment.
907.1.7 Notification appliance. New tenant spaces and new occupancy buildings shall require alarm notification appliances. For multi -tenant buildings, an alarm notification appliance shall be placed in each tenant suite. For existing buildings with new tenants an alarm notification appliance shall be required in each tenant space. For existing buildings that are not equipped with a fire alarm system or sprinkler monitoring system, new tenants or owners shall be required to install the appropriate type of fire alarm system. 907.1.8 Duct Detectors. Duct detectors located in any buildings that have a fire alarm system shall be powered from the main building fire alarm power supply.

G. CHAPTER 32: HIGH PILED COMBUSTIBLE STORAGE
Section 3204.2.1 is added to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned warehouses.

Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible designer/consultant shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The designer/consultant shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

H. CHAPTER 49: REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS.
10 Section 4904.2.1 is added to read as follows:
4904.2.1 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009 and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted by Riverside County designating high fire hazard areas.

I. APPENDICES
Appendix B
Table B105.2 of the California Fire Code is amended to read as follows:

TABLE B105.2

REQUIRED FIRE -FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND

TOWNHOUSES

AUTOMATIC

MINIMUM FIRE -FLOW

FLOW DURATION

SPRINKLER SYSTEM
(gallons per minute)
(hours)
(Design Standard)
No automatic sprinkler
Value in Table B 105.1(2)
Duration in Table
system
B 105.1(2)
Section 903.3.1.1 of the
50% of the value in Table
Duration in Table
California Fire Code
B 105.1(2)a
B 105.1(2) at the
reduced flow rate
Section 903.3.1.2 of the
50% of the value in Table
Duration in Table
California Fire Code
B 105.1(2)b
B 105.1(2) at the
reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire -flow shall be not less than 1,000 gallons per minute. b. The reduced fire -flow shall be not less than 1,500 gallons per minute.

Appendix C
Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.

J. 15.16.030 Penalties for violation.

It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this Chapter, or to violate the provisions of any permit granted pursuant to this Chapter. Any person, firm, corporation or association of persons violating any provision of this Chapter or the provisions of any permit granted pursuant to this Chapter, shall be deemed guilty of a misdemeanor unless specifically designated as an infraction.

Such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter or the provisions of any permit granted pursuant to this Chapter, is committed, continued, or permitted.

Violations shall be punishable as provided in Chapters 1.20, 1.21, and 1.24 of the Temecula Municipal Code. Payment of any fine or penalty herein shall not relieve a person or entity from the responsibility for correcting the violation.

K. 15.16.040 Civil Remedies Available.

The violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances."
Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.

Section 3. This Ordinance shall become effective upon the later of January 1, 2023, or thirty (30) days after adoption.

Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law.
12 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
ATTEST:

Randi Johl, City Clerk
[SEAL]
Matt Rahn, Mayor
13 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27th day of September, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk
14 Item No. 13

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: September 27, 2022
SUBJECT: Introduce Ordinance Adopting 2022 California Building Code PREPARED BY: Brian Clements, Building Official
RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled:

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING BY REFERENCE THE 2022
EDITIONS OF THE CALIFORNIA BUILDING CODE;
CALIFORNIA MECHANICAL CODE; CALIFORNIA
PLUMBING CODE; CALIFORNIA ELECTRICAL CODE;
CALIFORNIA ADMINISTRATIVE CODE; CALIFORNIA
ENERGY CODE; CALIFORNIA GREEN BUILDING
STANDARDS CODE; CALIFORNIA HISTORICAL BUILDING
CODE; CALIFORNIA EXISTING BUILDING CODE;
CALIFORNIA RESIDENTIAL CODE; AND CALIFORNIA
REFERENCED STANDARDS CODE; TOGETHER WITH

CERTAIN AMENDMENTS AND DELETIONS, AND
AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL
CODE
BACKGROUND: The adoption of the most current California Building and Fire Codes is important for the public health, safety, and welfare of the community. The Fire and Building Codes enforced by local jurisdictions in the State of California are reviewed, amended, and adopted by the Building Standards Commission on a three (3) year code adoption cycle. Upon the adoption and publication of the State Codes, each local jurisdiction has a period of 180 days to further modify these codes with more stringent local amendments based upon local geographical, topographical, or climatic conditions, before the State Code provisions become applicable. The ordinances propose very few local amendments. Many of the provisions in the ordinances are substantially the same as previous editions of the current Municipal Code.

SUMMARY OF
ORDINANCE: Adoption of the 2022 Editions of the California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California

Administrative Code, California Energy Code, California Green Building Standards Code, California Historical Building Code, California Existing Building Code, California Residential Code, and California Referenced Standards Code, with amendments and deletions to Title 15 of the Temecula Municipal Code.

FISCAL IMPACT: None
ATTACHMENTS: Ordinance

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING BY REFERENCE THE 2022
EDITIONS OF THE CALIFORNIA BUILDING CODE;
CALIFORNIA MECHANICAL CODE; CALIFORNIA
PLUMBING CODE; CALIFORNIA ELECTRICAL CODE;
CALIFORNIA ADMINISTRATIVE CODE; CALIFORNIA
ENERGY CODE; CALIFORNIA GREEN BUILDING
STANDARDS CODE; CALIFORNIA HISTORICAL
BUILDING CODE; CALIFORNIA EXISTING BUILDING
CODE; CALIFORNIA RESIDENTIAL CODE; AND
CALIFORNIA REFERENCED STANDARDS CODE;

TOGETHER WITH CERTAIN AMENDMENTS AND
DELETIONS, AND AMENDING TITLE 15 OF THE

TEMECULA MUNICIPAL CODE

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

Section 1. Sections 15.04.010 through 15.04.080 of Chapter 15.04 Construction Codes of Title 15 (Building and Construction) of the Temecula Municipal Code are hereby deleted. New Sections 15.04.010 through 15.04.080 are hereby added to Chapter 15.04 to read as follows:
"15.04.010 Codes adopted. Except as hereinafter provided in this Chapter, the following codes are adopted by reference as the Building Codes of the City of Temecula:

A. California Building Code, 2022 Edition, Volumes 1 and 2 (Part 2 of Title 24 of the California Code of Regulations), including Appendix C-Agricultural Buildings, and Appendix F — Rodent Proofing;
B. California Historical Building Code, 2022 Edition (Part 8 of Title 24 of the California Code of Regulations);
C. California Existing Building Code, 2022 Edition (Part 10 of Title 24 of the California Code of Regulations);
D. California Electrical Code, 2022 Edition (Part 3 of Title 24 of the California Code of Regulations);
E. California Mechanical Code, 2022 Edition (Part 4 of Title 24 of the California Code of Regulations);
F. California Plumbing Code, 2022 Edition (Part 5 of Title 24 of the California Code of Regulations), including Appendix A, B, D, H, IAPMO 31-2014 of Appendix I, and J.

G. California Administrative Code, 2022 Edition (Part 1 of Title 24 of the California Code of Regulations);
H. California Energy Code, 2022 Edition (Part 6 of Title 24 of the California Code of Regulations),
I. California Green Building Standards Code, 2022 Edition (Part 11 of Title 24 of the California Code of Regulations), including Appendix A4 Residential Voluntary Measures and Appendix A5 Non Residential Voluntary Measures.

J. California Reference Standards Code, 2022 Edition (Part 12 of Title 24 of the California Code of Regulations),
K. California Residential Code, 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations), including Appendix AX.

A copy of each of the above codes shall be maintained in the office of City Clerk and shall be made available for public inspection while such codes are in force."

15.04.020 California Building Code. The following amendments, additions and deletions are made to the California Building Code, 2022 Edition, as adopted by this Chapter.

A. Section 105.2 is hereby amended by modifying subsection 4 under Building, to read as follows:

4. Retaining walls that are not over three (3) feet in height unless supporting a sloped surcharge and garden walls not over four (4) feet in height, measured from the top of footing to top of wall or impounding flammable Class I, Class II or III -A liquids.

B. Section 105.3 is hereby amended by adding Subsection 8 to read as follows:

8. All contractors and their subcontractors must have current and valid city business licenses.

C. Section 105.5 is amended to read as follows:
105.5 Expiration: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 12 months or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or if the permit is revoked. Before such work can be recommenced a new permit shall first be obtained by reinstatement of the permit and the fee therefore shall be one half the amount required for reinstating the permit for such work. A permittee may request an extension of a permit. The Building Official may grant in writing, one or more extensions of time for periods of not more than 180 days per extension. The

permittee shall request an extension pursuant to this subdivision in writing and demonstrate justifiable cause for the extension.

D. Section 110.3.8 is amended to read as follows:
110.3.8 Fire- and smoke -resistant penetrations. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire-resistant penetrations shall be installed and certified by a third party, state of California licensed fireproofing company and certification of compliance shall be provided for building official's final approval.

E. Section 111.1 is hereby amended by adding the following:

To ensure appropriate continued use of any occupied space the building official will issue a new Certificate of Occupancy upon any change of tenant at the fee rates established by resolution of the City Council.

F. Section 114.4.1 is hereby added to read as follows:
114.4.1 Civil Penalty. Any person, firm or corporation who shall proceed with or commence work for which a permit is required by these building and construction regulations without first having obtained such permit shall, if subsequently permitted to obtain a permit therefor, pay double the fee fixed for such work. The original permit fee shall be for issuance of the permit and the balance shall be a civil penalty. This provision shall not apply to emergency work when it shall be proved to the satisfaction of the building official that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all such cases a permit must be secured as soon as it is practicable to do so, and if there is an unreasonable delay in securing the required permit, the civil penalty as provided in this section shall be charged. In no event shall such civil penalty exceed the permit fee plus five hundred dollars. The civil penalty provided in this section shall be in addition to any other fines and remedies prescribed elsewhere in this code. The payment of such fees and fine shall not relieve any person from fully complying with the requirements of these building and construction regulations in the execution of the work.

Section 502.1 is hereby amended to read as follows:
502.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Commercial, multi- family residential and industrial buildings shall have a minimum of twelve (12) 3 inch numbers with suite numbers being a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi -family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. Address numbers shall be maintained.

H. Section 901.2.1 is added to read as follows:
901.2.1 As-built/Revised documents. Three (3) sets of as-built/revised drawings shall be submitted to the fire department for approval prior to final of any permits.

Redlines are not considered as-builts/revised plans.

I. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where Sections 903.2.1 — 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence. In addition the following is required for existing buildings/structures:

A. 1. All new tenants and new occupancies hereafter constructed, which exceed 3,600 square feet shall have an approved automatic fire sprinkler system installed throughout.

2. All existing occupancies to which additions are made, where either the addition itself or the building and the addition in total exceeds 3,600 square feet, shall have an approved automatic fire sprinkler system installed throughout therein.

3. Change of use or occupancy that exceeds 3,600 square feet shall have an approved automatic fire sprinkler system installed throughout therein.

B. Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural Constructed in accordance with the California Building Code.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception in Section 903.2.11.3
J. Section 903.3.5.3 is added to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

K. Section 903.4.3 is hereby amended to read as follows:
903.4.3 Floor Control Valves. Approved supervised indication control valves shall be provided at the point of connection to the riser in all buildings. Valve locations will be placed in the fire sprinkler riser room on each riser.

L. Section 904.2.2.1 is added to read as follows:
904.2.2.1 Extinguishing system monitoring requirements. All automatic fire - extinguishing systems will be required to be monitored by a fire alarm/sprinkler monitoring system. If a fire alarm/sprinkler monitoring system is not present, one will be required to be installed to provide monitoring for the automatic fire - extinguishing system.

M. Sections 907.1.6, 907.1.7 and 907.1.8 are added to read as follows:
907.1.6 Fire alarm control panel (FACP). The main fire alarm control panel shall be located in the same room as, and sharing the same access as the fire sprinkler riser. The FACP shall have a minimum 36 inches of face clearance and 6 inches side clearance from any other wall or equipment.
5 907.1.7 Notification appliance. New tenant spaces and new occupancy buildings shall require alarm notification appliances. For multi -tenant buildings, an alarm notification appliance shall be placed in each tenant suite. For existing buildings with new tenants an alarm notification appliance shall be required in each tenant space. For existing buildings that are not equipped with a fire alarm system or sprinkler monitoring system, new tenants or owners shall be required to install the appropriate type of fire alarm system.
907.1.8 Duct Detectors. Duct detectors located in any buildings that have a fire alarm system shall be powered from the main building fire alarm power supply.

N. Section 1505.1 is hereby amended to read as follows:
1505.1 General. Roof assemblies shall be divided into the classes defined in this section. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire -retardant wood roof coverings shall be tested in accordance with ASTM D2898. The minimum roof coverings installed on buildings shall comply with Table 105.1 base do the type of construction of the building. The roof covering or roofing assembly on any structure regulated by this Code within the Historical District Overlay, generally known as the Old Town Temecula Historical Preservation District, shall not be less than a Class C roofing assembly.

O. Section 1907A.2 is added to read as follows:
1907A.2 Additional requirements. Slab Dowels in all occupancies, slab connection from existing slabs to new construction shall be placed at a minimum twenty-four (24) inches on center with reinforcing steel of one-half inch minimum diameter, eight (18) inches in length. Embedment to existing shall be a minimum of six (6) inches.

P. The following Appendices are deleted in their entirety:

Appendices A, B, D, E, G, H, I, J, K, L, M, N, O and P
Q. Chapter 29 is deleted in its entirety from the California Building Code

15.04.030 California Residential Code. The following amendments, additions and deletions are made to the California Residential Code, 2022 Edition, as adopted by this Chapter.

A. All Appendences, except AX are deleted.

B. Appendix AX is amended by adding item (8) to Section 115922(a) to read as follows:
(8) One (1) of the two (2) required pool safety features of the seven (7) specified above and from the Health and Safety Code 115922, must be an enclosure that meets the

requirements of Section 115923 of that code. The second required pool safety feature must be one of the remaining six (6) features listed in Section 115922.

15.04.040 California Electrical Code. The following amendments, additions and deletions are made to the California Electrical Code, 2022 Edition, as adopted by this Chapter.

A. Section 90.4 is hereby amended by adding the following to the end of the code section:

90.4 Enforcement.

Violations of this Code are subject to the prohibitions set forth in Section 15.02.060 and the penalties set forth in Chapter 1.20, of this Municipal Code.

For commercial projects an electrical contractor shall be responsible for obtaining permits for electrical work performed.

B. Section 90.8 is hereby amended by adding the following:
(C) Connecting Conductors. Accessory uses or other building, or signs, separately located on the same lot or premises shall have connecting conductors run underground. (Agricultural area excepted.)
(D) Spare Circuits. Where spare circuit protective devices are provided or space for future circuit protective devices are provided on the bus in any flush or semi -flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. (E) Electric Vehicles. Circuits for electric vehicle charging stations shall meet all the requirements of CEC Article 625. Residential garages shall have a minimum one (1) inch metal flex conduit ran from meter box to the garage fire wall and terminated in a metal box at forty-two (42) inches above finished floor for future electric vehicle charging station.

All residential electrical applications shall provide two (2) future expansion conduits from the meter box, one each stubbed to an approved, accessible upper and lower location.

C. Section 110.5 is hereby amended to read as follows:
110.5 Conductors. Conductors used to carry current shall be of copper, aluminum, or copper -clad aluminum unless otherwise provided in this Code. Where the conductor material is not specified, the sizes given in this Code shall apply to copper conductors. Where other materials are used, the size shall be changed accordingly. Notwithstanding any provision to the contrary, no aluminum conductors smaller than #6 A.W.G. shall be used.
7 D. Table 300.5, Location of Wiring Method or Circuit is amended by revising `Under a building' to read as follows:

Under a building:
`Six (6) inches beneath the bottom of slab', in all corresponding columns.

E. Section 334.10 is hereby amended to read as follows:
334.10 Uses permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following:
(1) One and two-family dwellings.

O Multi -family dwellings permitted to be types III, IV, and V construction xcept as prohibited in Section 334.12.
(3) No type NM, NMC, or NMS, or non-metallic sheathed cable (Romex) shall be used in commercial applications regardless of mixed -use occupancy.

F. Section 690.4 (A) is hereby amended to read as follows:
(A) Photovoltaic Systems. Solar Photovoltaic Systems shall only be installed by registered California Contractors License Board entities with a valid A, B, C- 10 or C-46 contractor license or the property owner. Valid copies of the contractor's City of Temecula Business License and California Contractors License Board license shall be submitted on the plans.

The current carrying conductors of all sources of energy *shall be designed to de -energize, and remain de -energized, from their respective source of energy generation when the utility -supplied service's main breaker is opened (set to the "off' position) on the electrical system being energized by the aforementioned sources of energy.
*For purposes of this section, "sources of energy" includes alternating current, solar, wind, battery and fuel cell.

The point where the current carrying conductors are to be de -energized and remain de -energized shall be immediately adjacent to the point of energy generation or immediately adjacent to a combiner box, if so equipped. This shall apply to all electrical system installations, regardless of location of conductors inside or outside of any structures.

Solar systems not installed on roofs —
Foundation and/or footings size plans and substantiating design calculations shall be submitted showing supporting member sizes, dimensions, materials and the loads which will be imposed on the foundation or footings. Where the supporting framework of the modules or arrays is shown as part of the 8 laboratory approved system, design calculations will not be required for the supporting framework of the modules or arrays provided they are included in the approved listing.

15.04.050 California Mechanical Code. The following amendments, additions and deletions are made to the California Mechanical Code, 2022 Edition, as adopted by this Chapter.

A. Section 104.5 is hereby deleted in its entirety and superseded by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the California Mechanical Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein.

B. Section 106.3 is hereby amended to read as follows:
106.3 Penalties. Violations of this Code are subject to the prohibitions set forth in Section

15.02.060 and the penalties set forth in Chapter 1.20, of this Municipal Code.

C. Section 504.1 is hereby amended by adding the following:
504.1 General. Where not specified in this chapter, exhaust ducts shall be constructed and installed in accordance with Chapter 6 and shall be airtight as approved by the Authority Having Jurisdiction. Environmental air ducts that have an alternate function as a part of an approved smoke -control system do not require design as Class I product -conveying ducts. Aluminum flex ducts are not permitted to be installed horizontally n rooms that produce steam. An angle greater than forty- five degrees from the vertical is considered a horizontal run.

15.04.060 California Plumbing Code. The following amendments, additions and deletions are made to the California Plumbing Code, 2022 Edition, as adopted by this Chapter:

A. Section 106.3 is amended to read as follows:
106.3 Penalties. Violations of this Code are subject to the prohibitions set forth in Section 15.02.060 and the penalties set forth in Chapter 1.20, of this Municipal Code.

B. Section 104.5 is deleted in its entirety and superseded by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the California Plumbing Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by resolution of the City Council in accordance with Section 15.02.010 herein.

C. Section 211.0 is amended by revising the definition of `industrial waste pipe' to read as follows:

Indirect Waste Pipe. An indirect waste pipe is a pipe that does not connect directly with the drainage system but conveys liquid wastes by discharging through an approved air gap into a plumbing fixture, interceptor or receptacle which is directly connected to the drainage system.

D. Section 719.5 is hereby amended to read as follows:
719.5 Access. Cleanouts installed under concrete or asphalt paving shall be made accessible by yard boxes, or by extending flush in paving with a `brass cap' or other approved material for installation where subject to vehicular traffic.

E. Section 1213.3.1 is added to read as follows:
1213.3.1 Testing. Testing of gas piping two (2) inches or greater or exceeding twenty (20) feet in length shall require a thirty (30) minute test witnessed by the jurisdiction. Such test shall be sixty (60) p.s.i. All welded pipe shall be graph tested for twenty-four (24) hours at sixty (60) p.s.i. witnessed by the jurisdiction. No gas tests shall be performed at less than ten (10) p.s.i and at not less than fifteen (15) minutes witnessed by the jurisdiction.

F. Section 1211.8.1 is added to read as follows:
1211.8.1 Installation. The installation of Seismic Gas Shutoff Valves shall comply with the following requirements:

Be installed by a contractor licensed in the appropriate classification by the State of California.

Exception: Seismic gas shutoff valves may be installed by a gas utility provided a permit is obtained and the valves are installed and approved in accordance with this section.

2. Be mounted rigidly to the exterior of the building or structure containing the fuel gas piping.

Exception: This requirement need not apply if the Building Department determines that the seismic gas shutoff valve has been tested and listed for an alternate method of installation.

3. Be listed by an approved testing laboratory and certified by the Office of the State Architect.

4. Be approved by the Building and Safety Department.
10 5. Have thirty (30) year warranty, which warrants that the valve is free from defects, and will continue to properly operate for thirty (30) years from the date of installation.

6. Where seismic gas shutoff valves are installed as required by this section, they shall be maintained for the life of the building or structure or be replaced with a valve complying with the requirements of this section.

H. The following chapter of the 2022 California Plumbing Code IS adopted in its entirety: Chapter 13, Health Care Facilities and Medical Gas and Vacuum Systems.

I. The following Appendices of the 2022 California Plumbing Code are adopted in their entirety: Appendix A, B, D, H, IAPMO 31-2014 of Appendix I, and J.

15.04.070 Penalties for violation of Chapter 15.04. Any person, firm, partnership, or corporation violating any provision or to failing to comply with any of the requirements of this Chapter or any of the Codes hereby adopted, shall be subject to the penalties set forth in Chapters 1.20, 1.21 and 1.24 of the Temecula Municipal Code. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter or the Codes hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Chapter.

15.04.080 Civil remedies available. The violation of any of the provisions of this Chapter or any of the Codes hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances." Section 2. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect.

Section 3. This Ordinance shall become effective upon the later of January 1, 2023, or thirty (30) days after adoption.

Section 4. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
ATTEST:

Randi Johl, City Clerk
[SEAL]
Matt Rahn, Mayor
12 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk
13 Item No. 14

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: September 27, 2022
SUBJECT: Community Development Department Monthly Report RECOMMENDATION: That the City Council receive and file the Community Development Department monthly report.

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

CURRENT PLANNING ACTIVITIES
Planning processed thirty-nine (39) new applications (not including Home Occupations) and conducted two (2) Public Hearings in August 2022. A detailed account of planning activities is attached to this report.

Planning Statistics
August2022
Long Ranize Projecu
9 Accessory Duxelling Unit
1 Conditional Use Perinit3
1 Development Plan
Extension of Time
I
Home Occupations
Minor Exception
2 Modifications
Pre-App
4 Temporary Use Permit
Variance
1 Wireless Antenna Facility
Zoning or Plannin¢ Letter
3 Tuial
Temecula Village Phase II (PAs 20-0323, 20-0324, 20-0325, 20-0326): The City is processing a Development Plan for a 134 unit multi -family community built on 7.61 acres; a Tentative Tract Map (TTM 38043) to combine eight (8) existing contiguous parcels into a single parcel; a General Plan Amendment to amend the underlying General Plan Land Use designation of the project site from Professional Office (PO) to Medium Density Residential (M); a Planned Development Overlay Amendment for PDO-5, (Temecula Village). The City has worked with a consultant to prepare a fiscal impact analysis along with an environmental consultant to prepare and environmental document. The project is located on the south side

of Rancho California Road, approximately 150 feet west of Cosmic Drive. The project is scheduled for City Council on September 13, 2022. (COOPER)
Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of Temecula Parkway and Butterfield Stage Road. (COOPER)
Winchester Hills Development Agreement Amendment (PA21-0128): The City is processing a Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. (COOPER)
Firenze (PA21-1023): The City is processing a Development Plan application for an approximately 498,557 square foot hotel and apartment project. The approximately 148,545 square foot, five story, 224 room hotel includes a conference center, restaurant, wine market multi -tenant space, and outdoor courtyard dining space. The approximately 350,012 square foot, seven story, 121-unit apartment building include a roof top area that contains a pool/spa, cabanas, fire pit, media wall, kitchen, fitness area, and lawn/game area. The parking for the project is located on the interior of the apartment building that is wrapped with the residential units. The project is located approximately 665 feet north of Rancho California Road on the east side of Jefferson Avenue. (COOPER)
MS Mountain View Phase V (PAs 22-0593, 22-0594, 22-0595): The City is processing three (3) Development Plan applications for industrial buildings of 21,793 square feet, 11,369 square feet, and 22,769 square feet located along Avenida Alvarado. The projects are scheduled for Planning Commission on September 21, 2022. (COOPER)
Temecula Valley Hospital Master Plan Update (PA21-1525): The City is processing a Modification to the previously approved Temecula Valley Hospital Master Plan. The updated Master Plan, at buildout will include the existing 237,305 square foot hospital building and 5,180 square foot storage building along with an approximately 130,000 square foot, four story Behavioral Health Building in Phase 2, an approximately 10,000 square foot expansion to the emergency department, a 125,000 square foot, five story second hospital tower, a 80,000 square foot medical office buildings, and a 14,000 square foot utility plant in Phase 3, and an approximately 125,000 square foot, five story third hospital tower, a 80,000 square three story foot medical office building, and a four story parking structure with the existing helipad relocated to the roof of the structure in Phase 4. The project is located at 31700 Temecula Parkway. A public scoping meeting for the Subsequent Environmental Impact Report (SEIR) was held on March 23, 2022, at the Ronald H. Roberts Library. The Draft SEIR was provided to staff for review. (COOPER) Temecula Resort and Spa (PAs 22-0035, 22-0037): The City is processing a Development Plan and Tentative Parcel Map for an approximately 474,137 square foot, seven (7) story, 90-foot high full service hotel that includes a parking garage, conference facilitiesiballrooms, gallery/event space, full service spa, restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and a wedding garden located on the east side of Front Street between 1 st Street and 2nd Street. (COOPER)

Temecula Hyundai (PA22-0293): The City is processing a Modification to a Development Plan for the addition of approximately 3,824 square feet to the vehicle showroom and service area, a new approximately 674 square foot vehicle delivery canopy area, elevation revisions to adhere to new corporate colors, and a new vehicle display pad at the entry driveway located at 27430 Ynez Road. (COOPER) Sommers Bend SHAWOOD Home Product Review (PAs 22-0494, 0495, 0496): The City is Processing Home Product Reviews for Planning Area's 19, 20B, and 21 of Sommers Bend. There are a total of 57 homes ranging in size from 3,203 square feet to 4,974 square feet with three (3) different architectural styles.

Home Product Review for these planning areas was previously approved on June 2, 2021. The applicant is proposing new architectural styles with new construction techniques for these larger homes. (COOPER) Seraphina Tentative Tract Map No. 38267 (PA22-0830): The City is processing a Tentative Tract Map (TTM 38267) for the creation of 39 single family lots and 2 open space lots on 12.77 acres located on the southwest corner of Joseph Road and Rita Way (APN: 957-080-027). (COOPER) Boutique Luxury Hotel (PAs 22-0929, 0930, 0931): The City is processing Development Plan for an approximately 54,699 square foot, four-story, 45 room hotel that includes retail spaces, a gym, meeting space, and a rooftop restaurant and pool area. The project is located on the west side of Old Town Front Street approximately 400' south of Santiago Road adjacent to the U-Haul dealership. The application package also includes requests for a Minor Exception for the height of the building to accommodate architectural tower elements and a Variance to allow for parking within the setback due to the narrow width of the project site. (COOPER)

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

Boards and Commissions in August and September. The Final Draft QLMP is tentatively scheduled for the September 27, 2022, City Council meeting. (PETERS)
Permit Ready ADU Program (LR19-1464): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare, adopt, and implement a Permit Ready Accessory Dwelling Unit (ADU) program. The ADU program will encourage the construction of ADUs, offering property owners a selection of pre -approved ADU building plans that can be obtained at the Community Development Department, free of charge. On September 16, 2020, the RFP closed on PlanetBids. The City received three detailed proposals from qualified consultants. After detailed review of all the proposals, staff selected checkerboardSTUDIOS Consultant Firm. On March 18, 2021, staff kicked off the project with the Consultant and staff from Planning, Building & Safety, Public Works, and Fire. This will be a joined effort between the internal departments and the consultant. Staff is working with the consultant on the first task (Phase 1: Schematic Design), staff has provided feedback of the Schematic Design taking into consideration the School District and Development Impact Fee (DIF) fees, and appropriate unit type and size. On, October 19, 2021, staff presented at the draft site plan and architecture designs to the Southern Riverside County Association of Realtors (SRCAR). On November 30, 2021, staff held an Open House to solicit feedback from the professional community (i.e., Engineers, Contractors, Architects, etc.), the meeting will be open to the public. Staff is currently reviewing the construction drawings. (RABIDOU)
Uptown Temecula Specific Plan Amendment (LR19-1458): An amendment to the Uptown Specific Plan to implement the following changes: modify graphics to reflect consistency with text regarding allowable frontage types, amend street cross sections (graphics), amend plant pallet and Silva cell requirements for street trees, implement a street naming convention, amend streetlight spacing and other typographical errors.

A meeting to discuss the street cross sections is scheduled for 8/11/2022. (COLLINS) Transportation Discovery and Existing Conditions Analysis (LR20-1071): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare an internal document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan Update process and timeline. The City has hired Fehr & Peers (F&P) to document existing transportation conditions in the City, provide benchmarking information on how transportation facilities, transportation use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of the current Circulation Element has been implemented. Staff worked with F&P to identify methodology, thresholds, and mitigation to address VMT for the California Environmental Quality Act evaluation, which the City Council adopted in May 2020. On July 19, 2021, Staff has a scheduled internal meeting with Fehr & Peers, they present to staff the Data Collection Status. Currently, the consultant is developing the three scenario runs to be reviewed by staff prior to conducting a full model run. (PETERS) Mobile Food Trucks (LR20-1472): On February 23, 2021, staff presented to the Economic Development Subcommittee members (ME/JS) on Mobile Food Trucks (MFT). This was a noticed meeting with one public comment in favor of MFT, read by Stuart Fisk. The intent of the meeting was to get the subcommittee's feedback on the potential for MFT to operate in the City. Staff presented the definition of MFTs, existing regulations, standards of operation to consider, and Pros & Cons list. The subcommittee advised staff to create a framework and come back to the committee for discussion. Staff is working on developing the framework. Staff took the draft to Community Development Brainstorming Meeting on May 4, 2022, for review. Revisions necessary. (COLLINS)

Shopping Cart Ordinance (LR21-0909): An ordinance to modify Title 9 Public Peace, Morals and Welfare of the Temecula Municipal Code to regulate shopping carts. Shopping carts continue to be left throughout the City, costing taxpayers and businesses money to retrieve, repair or replace these carts. The ordinance proposes mandatory physical measures for all retailers with shopping carts, exemptions provided for, exemptions are invalid for retailers whose carts are found more than 3 times in a 12-month period. Staff presented the draft ordinance to the City Council Public Safety Subcommittee on January 18, 2022 (Rahn, Edwards), direction to staff was to conduct more outreach to businesses, chamber of commerce as well as to present the ordinance to the Planning Commission Commercial Center Subcommittee. Staff hand delivered 82 letters to all businesses within the City, presented the draft ordinance to the Temecula Valley Chamber of Commerce on January 11, 2022, and presented to Planning Commission Commercial Center Subcommittee on February 16, 2022 (Turley-Trejo, Watts). Commissioners were supportive of the ordinance, recommended the framing be as a responsibility and not assign blame. Staff was requested to present again to the Subcommittee's to show outreach efforts and report feedback. The Shopping Cart Ordinance (1st read) was passed on July 12th, 2022, staff will follow up with another in person visit with code enforcement in early September to further explain the requirements and timeframes for implementing theft prevention measures. (COLLINS)
Temecula Creek Wildfire Risk Reduction Community Plan (LR21-1331): Temecula applied for and was awarded a $300,000 grant to develop Temecula's first Community Wildfire Protection Plan (CWPP).

The grant has a $78,000 match (staff time), the remainder is to onboard a consultant to draft the plan. RFP has closed and selection will take place week of September 5th. (COLLINS) Municipal Code Update (LR22-0182): An update to the Temecula Municipal Code Title 5 and 17. Updates to Title 5 are limited to clarification for exemptions to the requirements of Chapter 5.22 Massage Establishments specific to chair massage and specifies limits to existing exemptions. Updates to Title 17 include changes to the separate conveyance of Accessory Dwelling Units IAW AB 345. Additionally, ADU's would require all equipment (including window AC units) to be screened from the R-O-W and update the definition of guest house and secondary dwelling unit. Update PDO-4 & PDO-10 to require restaurants that provide live entertainment comply with Chapter 9.10 Live entertainment License. (COLLINS)
WRCOG REAP Agreement (LR22-0664): An agreement between WRCOG and the City to provide consultation services to provide analysis of required municipal code updates as they relate to the new slate of housing laws, such as SB-9, ADU Laws, etc. Additionally, would evaluate changes to the municipal code required after the adoption of the 6th Cycle Housing Element. The cost is included as a benefit to member agencies of WRCOG. (COLLINS)

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

The applicant has submitted Building Permits and Grading Permits. CHW was awarded tax credits in June 2021. The project is under construction. (RABIDOU, WATSON)

Vine Creek Disposition and Development Agreement (DDA): City Council approved the DDA with Temecula Pacific Associates on June 25, 2019, for the development of 60 affordable units on City -owned property on Pujol Street. The developer is looking to secure financing from the State of California prior to construction. The City and developer will collaborate with the County of Riverside and the State Department of Housing and Community Development for additional funding opportunities through the Permanent Local Housing Allocation grant. The project has received state tax credits as of June 2022. The applicant is moving forward with the project based on this additional funding. (WATSON) Housing Element Update (LR18-1620): The City is working with De Novo Planning Group to update the 2021-29 Housing Element. De Novo will also assist with the Regional Housing Needs Assessment (RHNA) process, community engagement, and California Environmental Quality Act. The current Housing Element was certified by the Department of Housing and Community Development (HCD) in 2013 and serves as the foundation for the update. The Housing Element is a required part of the City's General Plan and is a blueprint for meeting the housing needs of residents, at all economic levels, and addressing segments of the population with special needs. The City Council General Plan Ad Hoc Subcommittee, consisting of Council Member Edwards and Mayor Rahn, and the Planning Commission General Plan Ad Hoc Subcommittee, consisting of Commissioners Watts and Turley-Trejo, will serve as advisory bodies.

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

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

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

Building & Saficty StatisticsAqpw
Permits
524
New Single Family Units
59 New Commercial BuildinE
$
Flxotnyoltaic
190
Tenant Empro t ement
13 Non Construction C of O
47 Dumber of Active Plan Checks
259
Number of Kc-w Plan CheeL

12.7 Dumber of FinAed Permits
420
Inspections
3215
Inspections Per Darr
114.52
Inspections Per Person Per Day

22.96 Stcps Per-Xiontll
1028
Visitors to Counter
1132
New Construction Projects Currently in Plan Check
• Truax Hotel (161,586 SF)
• Parking Structure on 3rd Street (48,907 SF)
• Generations at Linfield - memory care/assisted living (59 apartments and 32 condos) • Hotel (38,202 SF) on Jefferson and Winchester
• Hotel Curio (72,486 SF with 31,808 SF basement Parking) 41h Street • Solana Way Senior Assisted Living and Memory Care (72,882 SF) • Temecula Hyundai Service Building (5,753 SF)
• New Industrial Building (32,792 SF)
• New Margarita Recreation Center (8,161 SF)
• Nine (9) Industrial Buildings — Mountain View (219,609 SF total) • Longhorn Steakhouse (5,710 SF) (old Marie Callendar's location) Non -Construction Certificate of Occupancy
• The Urban Island Restaurant (2,600 SF)
• Live Well Family Counseling (2,234 SF)
Tenant Improvement
• Dave's Hot Chicken (1,924 SF)
• Boba Time (819 SF)

CODE ENFORCEMENT
During the month August, Code Enforcement responded to 97 web inquiries. In addition, the division opened 103 code cases, conducted 175 regular inspections, conducted 8 weed abatement inspections, and forwarded 50 referrals.

Code Enforcement Statistics
bandaned or Inoperable Vehicle
3 Vacant Home: Prop- Mamtenance : ufestaxionl
Business or Home Occupation IV.. 0 license. CUP
1 Trash and Debris. Dumping
Overzrown Vegetation IA`eeds . Fire Hazard
6 Green Pool.'. vector Control Stamant water
Graffiti
7 ltiolse.Nuisanc Antmal Control
9 Trailer. RV Stored -Boat -Parking
1s
Construction wib PennitlBuilding Cade
10 Encroach Public ROW/ Trash Cans
17 Zoning. signs
12 Public Safety- & Health
1 Total Number of Cases
103
Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties.

Foreclosure Statistics
August 2022
Residential - Default
3-
Residential - Foreclosure
17 Residential - RE
13 Total - Residential
64 Co=ercial - Default
1 Commemal - Foreclosure
0 Commercial - RED
0 Total - Commercial
1 ATTACHMENT: Current Planning Activity Report

PLANNING ACTIVITY REPORT
Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant Company Owner Plan Type Status
PA22-0849 40764 Winchester Rd 910-420-031 Jaime Cardenas 08/01/2022 Curtis Brownlow Temecula Towne PL Modifications Corrections Temecula, CA 92591
Center Assoc
Case Title / Description: Safa Jewelers MOD: a Modification Application for a facade change to incorporate new colors and materials for the future Safa Jewelers located at 40764 Winchester Road, Suite 500.

PA22-0858 28690 Old Town Front St 922-043-024 Eric Jones 08/03/2022 Bernard Truax Temecula Truax PL Extension of Plan Review Temecula, CA 92590
Hotel Partners Time
Old Town, LLC
Case Title / Description: Truax Hotel Development Plan Extension of Time: The 3rd Extension of Time for the previously approved Truax Hotel Development Plan. The project is generally located along the southside of Third Street between Old Town Front Street and Mercedes Street.

PA22-0860 26201 Ynez Rd 910-281-001 Jaime Cardenas 08/03/2022 Aaron Snyder Crown Castle BRE 26201 Ynez PL Wireless Plan Review Temecula, CA 92591
USA Inc -agent Antenna Facility
for TMOBILE
Case Title / Description: 26201 Ynez Monopalm WTF MOD: a wireless telecommunication application to replace existing wireless antenna facilities including antennas, radios, cabinets, brackets and other equipment to the monopalm located at 26201 Ynez Road.

PA22-0861 31845 Temecula Pky 961-080-008 Jaime Cardenas 08/03/2022 Richard Brett GALILEO VAIL PL Modifications Plan Review Temecula, CA 92592

RANCH LP
Case Title / Description: DQ Patio MOD: a modification application for a proposed new patio cover outside of Dairy Queen located at 31845 Temecula Parkway, Suite 5.

PA22-0874 39970 Cantrell Rd 957-130-020 Eric Jones 08/08/2022 Tina Naber Tina Naber PL Development Out
Temecula, CA 92591
Plan
Case Title / Description: A Development Plan Application for a proposed 9,100 square -foot daycare facility on the vacant 2.46-acre parcel located at 39970 Cantrell Road.

PA22-0875 39970 Cantrell Rd 957-130-020 Eric Jones 08/08/2022 Tina Naber PL Conditional Out
Temecula, CA 92591
Use Permit
Case Title / Description: White Barn CUP: a Conditional Use Permit to allow the operation of a daycare facility within a future 9,100 square -foot building at 39970 Cantrell Road.

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Temecula City CouncilSeptember 27, 2022

Temecula City Council
September 27, 2022