Temecula City Council
October 25, 2022

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11].

AGENDA

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
OCTOBER 25, 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 three 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.

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)(2) with respect to one matter 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 from MCM Construction, Inc., with respect to bids for the project known as I-15/French Valley Parkway Improvements —Phase II (Project No. PW16-01). The October 14, 2022 letter from Attorney D. Michael Schoenfeld of Murphy Austin on behalf of MCM Construction, Inc., objecting to the bid process and threatening litigation is on file in the office of the City Clerk and is attached to the agenda packet with Item #9 on the Consent Calendar.

CALL TO ORDER: Mayor Matt Rahn
INVOCATION: Dr. Brenda Harper of AACTS International Ministries FLAG SALUTE: Mayor Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart

PRESENTATIONS
Proclamation for Domestic Violence Awareness Month
Presentation Regarding Girl Scout Recognition for Scout's Closet Presentation by National Association of Hispanic Real Estate Professionals for Dia De Los Muertos

City Council Agenda October 25, 2022

BOARD / COMMISSION REPORTS
Planning Commission and Race, Equity, Diversity and Inclusion 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 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 October 11, 2022
Recommendation: That the City Council approve the action minutes of October 11, 2022.

City Council Agenda October 25, 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

4. Approve City Council Meeting Schedule for November and December 2022 Recommendation: That the City Council

1. Approve the cancellation of the regular meetings in November 2022; and

2. Conduct adjourned regular meetings on November 15, 2022 and November 29, 2022; and

3. Approve the cancellation of the December 27, 2022 meeting.

Attachments: Agenda Report

5. Approve Site Access for Research Agreement with Center for Natural Lands Management, Riverside Conservation Authority and Riverside County Transportation Commission on City -Owned Properties within Roripaugh Ranch
Recommendation
Attachments
That the City Council approve the site access for research agreement with the Center for Natural Lands Management, Riverside Conservation Authority, Riverside County Transportation Commission, Riverside County Habitat Conservation Agency and City of Temecula on city -owned properties within Roripaugh Ranch.

Agenda Report
Agreement

6. Approve License Agreement with Eastern Municipal Water District for Facilities Removal on Pujol Street
Recommendation: That the City Council approve the license agreement with Eastern Municipal Water District for removal of facilities on Pujol Street.

City Council Agenda October 25, 2022
Attachments: Agenda Report
Agreement

7. Approve First Amendment to Non -Exclusive Commodity greement with SWARCO McCain, Inc.

8. 9.

Recommendation
Attachments:

That the City Council approve the first amendment to the agreement with SWARCO McCain, Inc., in the amount of $500,000, and extend the terms of the agreement to June 30, 2025, for the purchase of traffic signal equipment maintenance supplies for operations and maintenance, and to support the City's Capital Improvement Program Project, Traffic Signal Equipment Enhancement Program -Citywide.

Agenda Report
Agreement
Accept Improvements and File Notice of Completion for Pedestrian Si _ agn 1 Equipment Upgrade -Citywide, PW19-10
Recommendation: That the City Council:

1. Accept the improvements for the Pedestrian Signal Equipment Upgrade -Citywide, PW19-10, as complete; and

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

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

Attachments: Agenda Report
Notice of Completion
Maintenance Bond
Contractor's Affidavit and Final Release
Reject All Construction Bids Received for the I-15 / French Valley ParkwaY improvements - Phase H. PW 16-01 and Authorize Construction Contract to be Rebid Recommendation: That the City Council:

1. Reject all construction bids received for the I-15 / French Valley Parkway Improvements - Phase H, PW 16-01; and

2. Authorize the Department of Public Works to re -advertise construction contract for the I-15 / French Valley Parkway Improvements - Phase II, PW16-01.

City Council Agenda October 25, 2022

10. Attachments: Agenda Report
Letter from Murphy Austin Attorneys
Receive and File Temporary Street Closures for 2022 Winterfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2022 Winterfest Events:

HOLIDAY DECORATION INSTALLATION

PU'ESKA MOUNTAIN DAY

EMERGENCY PREPAREDNESS FAIR

SANTA' S ELECTRIC LIGHT PARADE

TEMECULA ON ICE

NEW YEAR'S EVE GRAPE DROP
Attachments: Agenda Report
Exhibit A
Fxhihit R

RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA

COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA

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

TEMECULA PUBLIC FINANCING AUTHORITY

City Council Agenda October 25, 2022

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

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

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

11. Approve Action Minutes of October 11, 2022
Recommendation: That the Board of Directors approve the action minutes of October 11, 2022.

Attachments: Action Minutes

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

City Council
Agenda October 25, 2022

CSD ADJOURNMENT
The next adjourned regular meeting of the Temecula Community Services District will be held on Tuesday, November 15, 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.

City Council Agenda October 25, 2022

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO

MEETING

TEMECULA HOUSING AUTHORITY - NO MEETING

TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING

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.

12. Conduct Public Hearing Adopt Resolution Making Certain Findings, and Adopt Ordinance No. 2022-12 Adopting the 2022 California Fire Code (Second Reading) Recommendation: That the City Council conduct a public hearing and adopt a resolution and ordinance entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA MAKING EXPRESS FINDINGS AND

DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA
FIRE CODE, 2022 EDITION, ARE REASONABLY NECESSARY

BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL AND/OR

TOPOGRAPHICAL CONDITIONS

City Council Agenda October 25, 2022

13. ORDINANCE NO.2022-12

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
Attachments: Agenda Report
Resolution
Ordinance
Notice of Public Hearing
Conduct Public Hearing Adopt Resolution Making Certain Findings, and Adopt Ordinance No. 2022-13 Adopting the 2022 California Building Codes Second Reading Recommendation: That the City Council conduct a public hearing and adopt a resolution and ordinance entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA MAKING EXPRESS FINDINGS AND
DETERMINATIONS THAT MODIFICATIONS TO THE 2022
CALIFORNIA BUILDING CODE; CALIFORNIA MECHANICAL
CODE; CALIFORNIA PLUMBING CODE; CALIFORNIA
ELECTRICAL CODE; AND CALIFORNIA RESIDENTIAL CODE, AS

ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY

NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL

AND/OR TOPOGRAPHICAL CONDITIONS
ORDINANCE 2022-13

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

City Council Agenda October 25, 2022
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
Resolution
Ordinance
Notice of Public Hearing
RITSINFR9
Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected].

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

14. Receive and File Update Regarding Coppty of Riverside Winchester Community Plan and Recent Development Applications in the Interstate (I-215)Policy Area Related to the 2003 Settlement Agreement and 2005 Cooperative Agreement Between the City of Temecula and County of Riverside
Recommendation: That the City Council receive and file the update on the County of Riverside's proposed Winchester Community Plan and recent development applications in the I-215 Policy Area related to an increase of residential density by 33,000 units, traffic impacts, road and freeway Attachments:
mitigation measures, public service infrastructure, compliance with California Environmental Quality Act, and the 2003 Settlement Agreement and the 2005 Cooperative Agreement between the City of Temecula and the County of Riverside, and provide direction to staff.

Agenda Report
Exhibits A and B
Exhibit C
Exhibit D

City Council Agenda October 25, 2022

DEPARTMENTAL REPORTS (RECEIVE AND FILE)

15. City Council Travel/Conference Report
Attachments: Agenda Report
Itinerary

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

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

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

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

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

A. Resolution Opposing Proposition 1 (At the Request of Council Member Jessica Alexander)

CITY MANAGER REPORT

CITY ATTORNEY REPORT

City Council
Agenda October 25, 2022

ADJOURNMENT
The next adjourned regular meeting of the City Council will be held on Tuesday, November 15, 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.

Item No. 1

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: October 25, 2022
SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code.

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

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 2

ACTION MINUTES

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
OCTOBER 11, 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 three 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 6:01 PM: Mayor Matt Rahn
INVOCATION: Chaplain Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Pro Tern Zak Schwank
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart (absent)

PRESENTATIONS
Proclamation for Manufacturing Month
Presentation by Temecula Valley Women's Club
Community Recognitions Regarding Fairview Fire

BOARD / COMMISSION REPORTS
Community Services Commission

PUBLIC SAFETY REPORT
California Department of Forestry and Fire Protection

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Mark from Murrieta • Kare Brann
• Slim Killens • Allison Aranda
• Dan Collins Bob Quaid
• Steven Gerard Sidlovsky Bob Kowell
• Payam Daneshvar

PUBLIC COMMENTS — RECEIVED ELECTRONICALLY
Electronically submitted comments have been made part of the record.

CITY COUNCIL REPORTS

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

Approved the Staff Recommendation (4-0, Stewart absent): Motion by Edwards, Second by Schwank.

The vote reflected unanimous approval with Stewart absent.

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

2. Approve Action Minutes of September 27, 2022
Recommendation: That the City Council approve the action minutes of September 27, 2022.

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

RESOLUTION NO. 2022-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

4. Approve City Treasurer's Report as of June 30, 2022
Recommendation: That the City Council approve and file the City Treasurer's Report as of June 30, 2022.

5. Authorize Purchase of Lighting Equipment for the Sports Field Lighting - LED Conversion Proj ect
Recommendation: That the City Council authorize the purchase of lighting equipment for the Sports Field Lighting - LED Conversion Project, from Musco Sports Lighting, LLC, in the amount of $426,735, plus a contingency of $15,000 for delivery and handling, for a total of $441,735.

6. Appropriate Funding and Award Construction Contract to All American Asphalt for the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road Project, PW21-10

Recommendation: That the City Council:

1. Appropriate $3,600,000 from the Street Maintenance Fund to be transferred to Fund 210 - Capital Improvement Program for the aforementioned project; and

2. Award a construction contract to All American Asphalt in the amount of $3,629,219 for the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road Project, PW21-10; and

3. Authorize the City Manager to approve construction change orders up to $362,921.90, which is equal to 10% of the contract amount; and

4. Make a finding that the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road Project, PW21-10 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.

7. Approve Grant of Easement on Portion of Assessor's Parcel Number (APN) 921-300-006, Michael "Mike" Naggar Community Park, to Southern California Edison (SCE) for EV Charging Station Project, PW21-09
Recommendation: That the City Council:

1. Approve a grant of easement on a portion of Assessor's Parcel Number (APN) 921-300-006, Michael "Mike" Naggar Community Park, to Southern California Edison (SCE); and

2. Authorize the Mayor to sign the grant of easement.

RECESS:

At 7:18 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Temecula Public Financing Authority Meeting. At 7:21 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

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 7:29 PM, the City Council meeting was formally adjourned to Tuesday, October 25, 2022, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Matt Rahn, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

Item No. 3

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: October 25, 2022
SUBJECT: Approve the 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 $ 17,008,239.68.

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

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

Matt Rahn, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of October 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
09/27/2022 TOTAL CHECK RUN:
09/29/2022 TOTAL CHECK RUN:
10/04/2022 TOTAL CHECK RUN:
10/06/2022 TOTAL CHECK RUN:
10/13/2022 TOTAL PAYROLL RUN:

TOTAL LIST OF DEMANDS FOR 10/25/2022 COUNCIL MEETING:

DISBURSEMENTS BY FUND:

CHECKS:
$ 1,220,337.05
13,988,309.00
703,925.16
373,943.66
721,724.81
$ 17,008,239.68

CITY OF TEMECULA

LIST OF DEMANDS
001

GENERAL FUND
$ 12,992,986.86
002

MEASURE S FUND
2,934.54
110

RANCHO CALIF ROAD REIMB DIST
459.51
140

COMMUNITY DEV BLOCK GRANT
3,895.48
165

AFFORDABLE HOUSING
3,890.03
170

MEASURE A FUND
334,143.55
190

TEMECULA COMMUNITY SERVICES DISTRICT
256,034.96
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
160.90
194
TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
1,167.25
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
2,298.63
197

TEMECULA LIBRARY FUND
4,407.15
210

CAPITAL IMPROV PROJ FUND
1,616,616.34
300

INSURANCE FUND
40,172.18
305

WORKER'S COMPENSATION
7,996.81
320

INFORMATION SYSTEMS
84,107.25
330

SUPPORT SERVICES
6,950.90
340

FACILITIES
18,437.31
380

SARDA DEBT SERVICE FUND
895,435.71
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
455.34
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
1,224.91
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
1,007.68
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
231.41
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
1,550.86
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
407.24
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
464.58
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
2,883.03
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
246.97
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
103.82
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
833.74
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
141.21
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA

50.68 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
1,452.53
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
269.80
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
1,698.31
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
171.94
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
996.85
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
228.61
$ 16,286,514.87

CITY OF TEMECULA

LIST OF DEMANDS
001

GENERAL FUND
$ 376,430.33
110

RANCHO CALIF ROAD REIMB DIST
766.84
140

COMMUNITY DEV BLOCK GRANT
642.88
165

AFFORDABLE HOUSING
4,264.31
190

TEMECULA COMMUNITY SERVICES DISTRICT
201,618.55
194

TCSD SERVICE LEVEL D REFUSE RECYCLING
1,590.76
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
201.67
197

TEMECULA LIBRARY FUND
4,192.00
300

INSURANCE FUND
3,205.56
305

WORKERS' COMPENSATION
3,205.63
320

INFORMATION TECHNOLOGY
41,369.13
330

SUPPORT SERVICES
5,019.84
340

FACILITIES
8,771.17
700
CERBT CALIFORNIA EE RETIREE-GASB45
70,446.14
721,724.81
TOTAL BY FUND: $ 17,008,239.68

apChkLst Final Check List Page: 1
09/27/2022 4:08:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
503151
9/29/2022
009374 ALLEGRO MUSICAL VENTURES
PIANO TUNING/MAINT: MUSEUM:
2,450.00

DBA, ALLEGRO PIANO
TCSD

SERVICE
PIANO TUNING/MAINT: THEATER
280.00
2,730.00
503152
9/29/2022
005037 AMERICAN ASPHALT SOUTH
CITYWIDE SLURRY SEAL: PW22-02:
334,143.55
334,143.55
INC
CIP
503153
9/29/2022
004240 AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
248.04
248.04
AFN

SHERIFF
503154
9/29/2022
013950 AQUA CHILL OF SAN DIEGO
SEP DRINKING WTR SYS MAINT: CIVIC
213.97
CTR
SEP DRINKING WTR SYS MAINT: SF

69.60 SEPT DRINKING WTR SYS MAINT: T

28.28 311.85
503155
9/29/2022
018408 BOB CALLAHAN'S POOL
POOL MAINT: CRC
1,100.00

SERVICE
FOUNTAIN MAINT: OLD TOWN & CIV
950.00
2,050.00
503156
9/29/2022
000442 COMPUTER ALERT SYSTEMS
JUL-SEP ALARM SYS MONITORING:
5,505.00
5,505.00

FACILITIES
503157
9/29/2022
017542 COX, KRISTI LYN

TCSD INSTRUCTOR EARNINGS
1,148.00
1,148.00
503158
9/29/2022
022483

DE LA SECURA INC, DBA DLS
DSGN-BUILD SVCS: MRC PW 17-21
726,362.76
726,362.76

BUILDERS
503159
9/29/2022
003945

DIAMOND ENVIRONMENTAL
TEMP RESTROOM SVCS: TES POOL
325.76
325.76
SRVCS
RENO
503160
9/29/2022
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: BLDG
377.74

INSPECTORS
FUEL FOR CITY VEHICLES: TRAFFIC
309.07
FUEL FOR CITY VEHICLES: FIRE DE
207.43
FUEL FOR CITY VEHICLES: EOC
155.50
FUEL FOR CITY VEHICLES: TCSD

95.42 FUEL FOR CITY VEHICLES: POLICE

90.35 FUEL FOR CITY VEHICLES: CODE E

66.18 1,301.69
503161
9/29/2022
012217
DUDEK
CONSULTANT SVCS: PW19-16
22,937.50
22,937.50
503162
9/29/2022
021412

EIDE BAILLY LLP
FY22/23 AUDIT FEES: ACFR/GANN:
12,300.00
12,300.00

FINANCE
503163
9/29/2022
022726

FORENSIC NURSING OF
SART EXAM: TEM SHERIFF
1,200.00

SOCAL INC
SART EXAM: TEM SHERIFF
1,200.00
SART EXAM: TEM SHERIFF
800.00
3,200.00
Page:1

apChkLst
Final Check List
Page: 2
09/27/2022
4:08:25PM

CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503164
9/29/2022
000177
GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: FINANCE
119.17
119.17
INC
503165
9/29/2022
004890

GOLDEN STATE FIRE
FIRE INSP REPAIRS: SAFE HOUSE
1,139.00
1,139.00

PROTECTION
503166
9/29/2022
020628

HASA INC
POOL SANITIZING CHEMICALS: VARI
761.50
POOLS
POOL SANITIZING CHEMICALS: VAR
723.25
POOL SANITIZING CHEMICALS: VAR
526.78
2,011.53
503167
9/29/2022
022056

IDETAIL SUPPLY CO
ENGINE MAINT SUPPLIES: FIRE STA 12
139.16
139.16
503168
9/29/2022
012285

JOHNSTONE SUPPLY
A/C UNIT: SENIOR CENTER: PW
4,076.00
4,076.00
503169
9/29/2022
000482

LEIGHTON CONSULTING INC
MATERIALS TESTING SVCS: PW21-10
257.00
257.00
503170
9/29/2022
003726

LIFE ASSIST INC
MEDICAL SUPPLIES: MEDIC: FIRE
241.50
MEDICAL SUPPLIES: MEDIC: FIRE
241.50
483.00
503171
9/29/2022
018253
EMPLOYEE #00509 Void

COMPUTER PURCHASE PRGM
1,263.16
1,263.16
503172
9/29/2022
022664

MARIPOSATREE
ARBOR DAY PLANTING PROJECT:
13,293.00

MANAGEMENT INC
PARKS
ANNUAL TREE TRIMMING: ROW: PA
929.63
ANNUAL ROW TREE TRIMMING: PAF
522.00
14,744.63
503173
9/29/2022
018675

MDGASSOCIATES INC
AUG LABOR COMPLIANCE SVCS:
1,009.38
1,009.38
PW20-13
503174
9/29/2022
004951

MIKE'S PRECISION WELDING
WELDING SVCS: SPLASH PAD
580.00
INC
WELDING SVCS: CUBICAL REPAIRS
300.00
WELDING SVCS: TRASH LOCK REP)
240.00
1,120.00
503175
9/29/2022
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: OLD TOWN
751.76
INC
MAINT
ELECTRICAL SUPPLIES: CIVIC CTR
530.39
ELECTRICAL SUPPLIES: FOC
399.15
1,681.30
503176
9/29/2022
004040

MORAMARCO ANTHONY J,
FACE PAINTING: SPECIAL EVENTS:
5,000.00
5,000.00

DBA BIGFOOT GRAPHICS
TCSD
503177
9/29/2022
002925

NAPAAUTO PARTS
AUTO PARTS & MISC SUPPLIES: FIRE

36.95 36.95
STA 92
503178
9/29/2022
022599

NIEVES LANDSCAPE INC
IRRIGATION REPAIRS: LONG CANYON
2,502.18
2,502.18
PARK
Paget

apChkLst Final Check List Page: 3
09/27/2022 4:08:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
503179 9/29/2022 021998 OLD TOWN TIRE AND SERVICE
VEHICLE MAINT: STREET MAINT: PW
2,350.91
INC
VEHICLE REPAIRS: PARKS: PW
265.57
VEHICLE REPAIRS: FACILITIES

45.21 2,661.69
503180 9/29/2022 005075 PRUDENTIAL OVERALL
FLOOR MATS/TOWEL RENTALS: CIVIC

95.70 SUPPLY
CENTER
FLOOR MATS/TOWEL RENTALS: CIS

95.70 FLOOR MATS/TOWEL RENTALS: CIS

95.70 UNIFORM SVCS: PW PARKS

57.63 UNIFORM SVCS: STREET MAINT: P�

44.18 UNIFORM SVCS: STREET MAINT: Pb

44.18 FLOOR MATS/TOWEL RENTALS: CRC

29.51 FLOOR MATS/TOWEL RENTALS: CRC

29.51 FLOOR MATS/TOWEL RENTALS: SEI

23.15 FLOOR MATS/TOWEL RENTALS: CH

21.37 FLOOR MATS/TOWEL RENTALS: TEI

12.96 FLOOR MATS/TOWEL RENTALS: TC(

12.96 FLOOR MATS/TOWEL RENTALS: MU

11.37 FLOOR MATS/TOWEL RENTALS: MU

11.37 FLOOR MATS/TOWEL RENTALS: FO,

9.70 FLOOR MATS/TOWEL RENTALS: FO,

9.70 FLOOR MATS/TOWEL RENTALS: FO,

9.70 FLOOR MATS/TOWEL RENTALS: THI

9.10 FLOOR MATS/TOWEL RENTALS: THI

9.10 FLOOR MATS/TOWEL RENTALS: JR(

8.28 FLOOR MATS/TOWEL RENTALS: JR(

8.28 649.15
503181 9/29/2022 002412 RICHARDS WATSON AND
AUG 2022 LEGAL SERVICES
14,107.98

GERSHON
AUG 2022 LEGAL SERVICES
6,029.49
AUG 2022 LEGAL SERVICES
3,908.75
AUG 2022 LEGAL SERVICES
1,680.25
AUG 2022 LEGAL SERVICES
619.50
AUG 2022 LEGAL SERVICES
501.50
AUG 2022 LEGAL SERVICES
197.25
AUG 2022 LEGAL SERVICES

79.50 27,124.22
503182 9/29/2022 004274 SAFE AND SECURE
LOCKSMITH SVCS: CRC

64.60 64.60

LOCKSMITH SRVC
503183 9/29/2022 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 9/15 700.00 700.00 503184 9/29/2022 021620 SIEMENS MOBILITY INC, STREETLIGHT MAINT: STREETS: PW 160.90 160.90

YUNEX LLC
503185 9/29/2022 013482 SILVERMAN ENTERPRISES SECURITY SVC: HEALTH FAIR 367.40 367.40 INC, DBA BAS SECURITY EQPMNT: TCSD
Page:3

apChkLst Final Check List Page: 4
09/27/2022 4:08:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503186
9/29/2022
003849

TERRYBERRY COMPANY
EMPLOYEE SVC RECOGNITION: HR
118.13
EMPLOYEE SVC RECOGNITION: HR
103.37
EMPLOYEE SVC RECOGNITION: HR

88.05 309.55
503187
9/29/2022
016311

TIERCE, NICHOLAS
GRAPHIC DESIGN SERVICES:
4,380.00
4,380.00

THEATER
503188
9/29/2022
021603

TITAN RENTALS GROUP INC,
RENTALS: SPECIAL EVENTS: TCSD
7,463.28

TITAN TENT & EVENT RENTAL
RENTALS: EMPLOYEE RECOGNITIO
1,333.51
8,796.79
503189
9/29/2022
017415

TK ELEVATOR CORPORATION
ELEVATOR MAINT: PARKING GARAGE
773.50
773.50
503190 9/29/2022
008977

VALLEY EVENTS INC
HEALTH FAIR WELLNESS: MPSC:
1,785.00
1,785.00
TCSD
503191 9/29/2022
018147
WADDLETON, JEFFREY L.

DJ/MC SVCS: ART/STREET FESTIVAL:
1,975.00
TCSD
DJ/MC SVCS: HEALTH FAIR: TCSD
875.00
DJ/MC SVCS: COLOR RUN: TCSD
875.00

TCSD INSTRUCTOR EARNINGS
772.80
DJ/MC SVCS: CHANGING OF FLAG:
525.00
5,022.80
503192 9/29/2022
020275

WALLACE & ASSOC
AUG CONSTRUCTION MGMT SVCS:
8,995.00

CONSULTING LLC, ANSER
PW18-05

ADVISORY MNGMT LLC
JUL CONSTRUCTION MGMT SVCS: 1
6,763.00
15,758.00
503193 9/29/2022
000820

WINCHAK KRIS R, DBA K R W &
8/17-9/12 ENG PLAN CHECK & RVW:
4,900.00
4,900.00

ASSOCIATES

LAND DEV
Grand total for EFT UNION BANK: 1,221,600.21
Page:4

apChkLst Final Check List Page: 5
09/27/2022 4:08:25PM CITY OF TEMECULA
43 checks in this report.

Grand Total All Checks: 1,221,600.21
Void Ck# 503171 (1,263.16)
Adjusted Grant Total: $ 1,220,337.05
Page:5

apChkLst Final Check List Page: 1
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
Description
14089 9/26/2022
000246

PERS (EMPLOYEES'

PERS RETIREMENT PAYMENT

RETIREMENT)
14105 9/2/2022
010276

TIME WARNER CABLE
AUGUST INTERNET SVCS 29119

MARGARITA RD
14120 9/9/2022
006887

UNION BANK OF CALIFORNIA
015626
EVENTBRITE.COM
REGIST FEE: MORENO VALLEY STATE

OF CITY
14121 9/9/2022
006887

UNION BANK OF CALIFORNIA
005716

BIRTH CHOICE OF TEMECULA
REGIST FEE: CHOICE GALA
INC

FUNDRAISER
023057

CORONA CHAMBER OF
REGIST FEE: WOMEN'S LEADERSHIP

COMMERCE
CONF
14122 9/9/2022
006887

UNION BANK OF CALIFORNIA
023058

SAVAGE TRAINING GROUP
REGIST FEE: ADV CRITICAL INCIDENT
14123 9/9/2022
006887

UNION BANK OF CALIFORNIA
005716

BIRTH CHOICE OF TEMECULA
REGIST FEE: CHOICE GALA
INC

FUNDRAISER
015626
EVENTBRITE.COM
REGIST FEE: MORENO VALLEY STATE

OF CITY
016384

CALIFORNIA INLAND, EMPIRE
REGIST FEE: CITIZEN OF THE YEAR

COUNCIL
EVENT
14124 9/9/2022
006887

UNION BANK OF CALIFORNIA
013338

APPLE STORE
ADD'L PHONE STORAGE: SOCIAL
MEDIA
013338

APPLE STORE
ADD'L PHONE STORAGE: SOCIAL
MEDIA
013338

APPLE STORE
APP CHARGES: SOCIAL MEDIA: ECO
DEV
023048

TAP'S TACO CATERING INC
RFRSHMNTS:DEPOSIT: PIO: ECO DEV
020829

MURRIETA CHAMBER OF
REGIST: STATE OF THE CITY: ECO

COMMERCE
DEV
013338

APPLE STORE
APP CHARGES: SOCIAL MEDIA: ECO
DEV
14125 9/9/2022
006887

UNION BANK OF CALIFORNIA
018185

BLUEBEAM INC
CONF REGISTRATION: LAND DEV: PW
Amount Paid Check Total
137,201.10 137,201.10
1,424.78 1,424.78

65.28 65.28
125.00
100.00 225.00
268.00 268.00
125.00

65.28 150.00 340.28

2.99 2.99

2.99 271.88
105.00

2.99 388.84
400.00 400.00
Page:1

apChkLst Final Check List Page: 2
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
14126 9/9/2022
006887

UNION BANK OF CALIFORNIA
004432

ALBERTSONS GROCERY
STORE
001264
COSTCO TEMECULA 491
010307

CHICK FILA INC
008315

TACO BELL CORPORATION
023059

POPEYES LOUISIANA KITCHEN
14127 9/9/2022
006887

UNION BANK OF CALIFORNIA
013338

APPLE STORE
013338

APPLE STORE
020032

CHALLENGER WATER INTL INC
14129 9/9/2022
006887

UNION BANK OF CALIFORNIA
014779

TOWN CENTER CLEANERS
000254

PRESS ENTERPRISE

COMPANY INC
007837

ALASKAAIRLINES
009612

BJS RESTAURANTS INC
020419

CHIPOTLE - CORP OFC
14130 9/9/2022
006887

UNION BANK OF CALIFORNIA
007987

WALMART
011090

TEMECULAVALLEY

TRANSPORTATION, DBA
STRYDER TRANSPORT.
008668

WES FLOWERS
021482
GIFTCARDS.COM
006937

SOUTHWEST AIRLINES
006937

SOUTHWEST AIRLINES
006937

SOUTHWEST AIRLINES
006937

SOUTHWEST AIRLINES
006937

SOUTHWEST AIRLINES
007282

AMAZON CAPITAL SERVICES
INC
(Continued)
Description
Amount Paid Check Total
RFRSHMNTS: ACTIVE SHOOTER

20.20 TRAINING: PD
RFRSHMNTS: ACITVE SHOOTER

64.92 TRAINING: PD
RFRSHMNTS: VOLUNTEER
126.97

APPRECIATION EVENT
RFRSHMNTS: ACTIVE SHOOTER

94.57 TRAINING: PD
RFRSHMNTS: ACTIVE SHOOTER

97.84 404.50
TRAINING: PD
IPAD KEYBOARD & CASE: FIRE DEPT
379.54
ADD'L PHONE STORAGE: FIRE DEPT

0.99 WATER FILTERS: FIRE STA 84

55.09 435.62
DRY CLEANING SVCS: TABLE LINENS
180.25
ONLINE SUBSCRIPTION: CITY CLERK

14.00 AIRFARE: LAWS & ELECTIONS
258.00

SEMINAR
RFRSHMNTS: CITY CNCL MTG 07/26
236.37
RFRSHMNTS: CITY CNCL MTG 08/09
224.50 913.12
MISC OFC SUPPLIES: HR
103.27
TRANSP: HR EVENT
250.00

SUNSHINE FUND

91.11 EMPLOYEE RECOGNITION: HR
218.82
AIRFARE: NEOGOV CONF: HR

97.96 AIRFARE: NEOGOV CONF: HR

97.96 AIRFARE: NEOGOV CONF: HR

97.96 AIRFARE: NEOGOV CONF: HR

97.96 AIRFARE: NEOGOV CONF: HR

97.96 MISC OFC SUPPLIES: HR

16.30 1,169.30
Paget

apChkLst Final Check List Page: 3
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
14131
9/9/2022 006887

UNION BANK OF CALIFORNIA
022560
UBER
022560
UBER
020489

GREYHOUND LINES
020489

GREYHOUND LINES
021688

PHIL'S BBQ OF TEMECULA INC
000293

STADIUM PIZZA INC
021438

PUBLIC RELATIONS SOCIETY
OF, AMERICA- I.E. CHAPTER
021438

PUBLIC RELATIONS SOCIETY
OF, AMERICA- I.E. CHAPTER
023061

LADERA KITCHEN LLC
023061

LADERA KITCHEN LLC
021106
UPS STORE #2725, THE
007987

WALMART
022560
UBER
022560
UBER
000186

HANKS HARDWARE INC
14132
9/9/2022 006887

UNION BANK OF CALIFORNIA
023056
PENDRY
023056
PENDRY
021148

WEX BANK
019244
HOBBY LOBBY STORES, INC.
020074

LA COCINA BARAND GRILL
018323

GOAT & VINE, THE
017736

FEAST CALIFORNIA CAFE LLC,

DBA CORNER BAKERY CAFE
(Continued)
Description
Amount Paid Check Total
TRANSP: HOMELESS OUTREACH

41.99 TRANSP: HOMELESS OUTREACH
103.37
HOMELESS OUTREACH: BUS PASS

68.99 HOMELESS OUTREACH: BUS PASS
258.99
RFRSHMNTS: MEETING HOMELESS

26.89 TEAMS
RFRSHMNTS: OUTREACH RECAP MTG
134.44
AWARD ENTRY FEE: COMMUNITY
150.00

OUTREACH
AWARD ENTRY FEE: CULTURE FEST
150.00
RFRSHMNTS: OUTREACH RECAP MTG

46.25 RFRSHMNTS: OUTREACH RECAP MTG

45.24 LIVE SCAN FEE: PROJ TOUCH CLIENT

62.00 SUPPLIES: HELP CTR: TCSD

82.38 TRANSP: HOMELESS OUTREACH

97.97 TRANSP: HOMELESS OUTREACH

49.99 SUPPLIES: HELP CTR
116.29 1,434.79
RFRSHMNTS: CCMF BOARD MTG: CITY

24.95 MGR
LODGING: CCMF BOARD MTG: CITY
418.68
MGR
FUEL: CCMF BOARD MTG: CITY MGR

77.34 CUSTOM FRAMES: HISTORICAL
248.73
PRINTS: CM
RFRSHMNTS: TVUSD MTG: CITY MGR

39.28 RFRSHMNTS: COUNCIL WORKSHOP:
213.68

COUNCIL
RFRSHMNTS: COUNCIL WORKSHOP:
492.62 1,515.28

COUNCIL
Page:3

apChkLst Final Check List Page: 4
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
14133 9/9/2022 006887

UNION BANK OF CALIFORNIA
012085
ISTOCK INT'L INC.
020886
NETFLIX.COM
000254

PRESS ENTERPRISE

COMPANY INC
019291
TLK ICE, INC., DBA:KONA ICE

TEMECULA VAL
006952
PAYPAL
021438

PUBLIC RELATIONS SOCIETY
OF, AMERICA- I.E. CHAPTER
021113

DISCOVERY SCIENCE CTR OF

OC, DBA DISCOVERY CUBE OF
OC
004329
COSTCO TEMECULA 491
004329
COSTCO TEMECULA 491
000152

CALIF PARKS AND

RECREATION SOC, C P R S
000152

CALIF PARKS AND

RECREATION SOC, C P R S
020249
LAUND3R.COM LLC
022936

OSCARS BREWING COMPANY,

DBA OBC INC
021199

THE DROP ZONE
021199

THE DROP ZONE
020792
CANVA.COM
000152

CALIF PARKS AND

RECREATION SOC, C P R S
000152

CALIF PARKS AND

RECREATION SOC, C P R S
010364

REGAL ENTERTAINMENT
GROUP
003810

AMERICAN ASSOC OF

MUSEUM DBA
003773

REUBEN H FLEET SCIENCE
CENTER
(Continued)
Description
Amount Paid Check Total
SUBSCRIPTION: PROMO IMAGES:
120.00
TCSD
MONTHLY SVC CHARGE: TEEN ROOM:

9.99 CRC
ONLINE SUBSCRIPTION: TCSD

18.00 RFRSHMNTS: NATIONAL NIGHT OUT
600.00
EVENT

VERISIGN PAYFLOW PRO
489.40

TRANSACTION
AWARD ENTRY FEE: CULTURAL ARTS:
150.00
TVM
RFRSHMNTS: DAY CAMP: TCSD
171.00
RFRSHMNTS: SUMMER DAY CAMP:

50.76 TCSD
RFRSHMNTS: SUMMER DAY CAMP:
162.31
TCSD
WEBINAR REGISTRATION:

35.00 MARKETING: TCSD
WEBINAR REGISTRATION:

35.00 MARKETING: TCSD
LAUNDRY SVC: SPECIAL EVENTS:

38.85 TCSD
RFRSHMNTS: DAY CAMP: TCSD
411.08
OVER THE CREDIT LIMIT FEE: TSCD

35.00 DAY CAMP EXCURSION: TCSD
-721.00
DAY CAMP EXCURSION: TCSD
-85.00
DAY CAMP EXCURSION: TCSD
119.40
WEBINAR REGISTRATION: MPSC:

20.00 TCSD
WEBINAR REGISTRATION: MPSC:

35.00 TCSD
RFRSHMNTS: SUMMER CAMP: TCSD

85.65 PUBLICATION: COLLECTIONS: TVM 69.99
RFRSHMNTS: DAY CAMP: TCSD 265.14
2,115.57
Page:4

apChkLst Final Check List Page: 5
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
14134 9/9/2022
006887

UNION BANK OF CALIFORNIA
017716

CLEVERBRIDGE INC
DESKTOP ACCESS SFTWR RENEWAL:

TPL
019967
MISAC
REGIST FEE: CONFERENCE: INFO
TECH
022825

MARCO'S PIZZA
RFRSHMNTS: TEAM PACE -'21
WINNER
019967
MISAC
MEMBERSHIP DUES: INFO TECH
14135 9/9/2022
006887

UNION BANK OF CALIFORNIA
000175

GOVERNMENT FINANCE
WEGINAR REGISTRATION: FINANCE

OFFICERS, ASSOCIATION,
GFOA
006952
PAYPAL

VERISIGN PAYFLOW PRO

TRANSACTION
019159

CALPERS EDUCATION FORUM
WEBINAR REGISTRATION: FINANCE
2016
000154

C S M F O
MEMBERSHIP DUES: FINANCE
000175

GOVERNMENT FINANCE
WEBINAR REGISTRATION: FINANCE

OFFICERS, ASSOCIATION,
GFOA
017300
ADOBE.COM
CONF REGISTRATION: INFO TECH
14136 9/6/2022
010276

TIME WARNER CABLE
AUGUST INTERNET SVCS 32364

OVERLAND TRL
14139 9/8/2022
010276

TIME WARNER CABLE
SEPTEMBER INTERNET SVCS 32211
WOLF
14145 9/8/2022
001212

SO CALIF GAS COMPANY
AUG 095-167-7907-2: 30650 PAUBA RD
14156 9/12/2022
001212

SO CALIF GAS COMPANY
AUG 101-525-1560-6: 27415

ENTERPRISE
14209 9/26/2022
000246

PERS (EMPLOYEES'

PERS RETIREMENT PAYMENT

RETIREMENT)
14230 9/15/2022
018858

FRONTIER CALIFORNIA INC
SEPT INTERNET SVCS: CIVIC CENTER
14231 9/15/2022
018858

FRONTIER CALIFORNIA INC
SEPT INTERNET SVCS: EOC
14233 9/16/2022
010276

TIME WARNER CABLE
SEPTEMBER INTERNET SVCS: 41000

MAIN ST
14234 9/19/2022
002390

EASTERN MUNICIPAL WATER
AUGUST WATER SVCS: 32131 SOUTH
DIST

LOOP RD
Amount Paid Check Total
2,250.00
475.00
126.80
260.00 3,111.80
1,610.00

25.00 499.00

75.00 650.00
1,195.00 4,054.00
119.99 119.99
194.54 194.54
138.66 138.66
124.06 124.06
137, 481.90 137, 481.90
102.89
102.89
168.16
168.16
1,069.26
1,069.26

51.31 51.31
Pages

apChkLst
09/29/2022
3:37:40PM
Final Check List

CITY OF TEMECULA
Page: 6
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
14235
9/19/2022
002390

EASTERN MUNICIPAL WATER
AUGUST WATER SVCS: 31991
101.65
101.65
DIST

RORIPAUGH
14236
9/19/2022
002390

EASTERN MUNICIPAL WATER
AUGUST WATER SVCS: 39656 DIEGO
141.21
141.21
DIST
DR
14237
9/19/2022
002390

EASTERN MUNICIPAL WATER
AUGUST WATER SVCS: 32101
170.74
170.74
DIST

SOMMERS BEND
14238
9/19/2022
002390

EASTERN MUNICIPAL WATER
AUGUST WATER SVCS: 32131 SOUTH
185.94
185.94
DIST

LOOP RD
14239
9/19/2022
002390

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

LOOP RD
14240
9/19/2022
002390

EASTERN MUNICIPAL WATER
AUGUST WATER SVCS: 31991
2,539.24
2,539.24
DIST

RORIPAUGH
14241
9/19/2022
002390

EASTERN MUNICIPAL WATER
AUGUST WATER SVCS: 0 SOMMERS
9,906.86
9,906.86
DIST
BEND
14242
9/19/2022
018858

FRONTIER CALIFORNIA INC
SEPT INTERNET SVCS: LIBRARY

5.31 5.31
14243
9/19/2022
018858

FRONTIER CALIFORNIA INC
SEPT INTERNET SVCS: LIBRARY

5.31 5.31
14245
9/19/2022
010276

TIME WARNER CABLE
SEPTEMBER INTERNET SVCS: 32131 S
282.73
282.73

LOOP RD
14246
9/19/2022
010276

TIME WARNER CABLE
SEPTEMBER INTERNET SVCS: 30875
600.91
600.91
RANCHO
14247
9/20/2022
000537

SO CALIF EDISON
AUGUST 700618534991 30395

38.92 38.92

MURRIETA HOT
14248
9/20/2022
000537

SO CALIF EDISON
AUGUST 70036783566328582
1,119.37
1,119.37

HARVESTON DR
14249
9/20/2022
010276

TIME WARNER CABLE
SEPTEMBER INTERNET SVCS: 41000
298.38
298.38

MAIN ST
14258
9/12/2022
005460

U S BANK
RETURN LAS HACIENDAS DRAW 7
895,435.71
895,435.71
14259
9/12/2022
020062

MEDLINE INDUSTRIES INC
CE JUN 2022 SALES TAX PHS
320,480.00
320,480.00
14260
9/21/2022
005460

U S BANK
INVESTMENT PURCHASE: FINANCE
10,000,000.00
10,000,000.00
Pagefi

apChkLst Final Check List Page: 7
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
14262
7/25/2022
000537

SO CALIF EDISON
14263
9/29/2022
010349

CALIF DEPT OF CHILD

SUPPORT
14264
9/29/2022
021301
1 C M A RETIREMENT -PLAN
106474
14265
9/29/2022
000194

I C M A RETIREMENT -PLAN
303355
14266
9/29/2022
000444

INSTATAX (EDD)
14267
9/29/2022
000283

INSTATAX (IRS)
14268
9/29/2022
001065

NATIONWIDE RETIREMENT

SOLUTION
14269
9/29/2022
019088

NATIONWIDE RETIREMENT

SOLUTION
14270
9/29/2022
000389

NATIONWIDE RETIREMENT

SOLUTION
102132
9/20/2022
023070

RUPERT, BRYCE
210166
9/29/2022
004594
2 HOT UNIFORMS INC
210167 9/29/2022 023079 ABAD, LOUIE
(Continued)
Description
Amount Paid
Check Total
JUNE 700036969370 40820
1,311.18
1,311.18

WINCHESTER RD

SUPPORT PAYMENT PAYMENT
138.92
138.92
ICMA- 401(A) RETIREMENT PLAN
384.62
384.62

PAYMENT
ICMA-RC RETIREMENT TRUST 457
16,161.87
16,161.87

PAYMENT

STATE TAX PAYMENT
35,798.44
35,798.44

FEDERAL TAX PAYMENT
108,191.39
108,191.39

NATIONWIDE RETIREMENT PAYMENT
12,866.85
12,866.85

NATIONWIDE LOAN REPAYMENT
427.79
427.79

PAYMENT

OBRA- PROJECT RETIREMENT
4,408.04
4,408.04

PAYMENT

REFUND FOR DUPLICATE PAYMENT
184.20
184.20
UNIFORMS: TCC: FIRE DEPT
371.93
UNIFORMS: TCC: FIRE DEPT
329.98
UNIFORMS: TCC: FIRE DEPT
334.33
UNIFORMS: TCC: FIRE DEPT
329.98
UNIFORMS: TCC: FIRE DEPT
329.98
1,696.20
REFUND: WEST SIDE STORY

24.00 24.00

CANCELLED
Page:?

apChkLst Final Check List Page: 8
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
210168 9/29/2022
007282

AMAZON CAPITAL SERVICES
OFFICE SUPPLIES: PREV: FIRE
INC
SUPPLIES FOR FIT FUN COLOR RUN: TC
MISC OFC SUPPLIES: CHIEF/BC: FIRE
SUPPLIES FOR FIT FUN COLOR RUN: TC
MISC OFC SUPPLIES: FIRE
SUPPLIES FOR FIT FUN COLOR RUN: TC
REC SUPPLIES: HUMAN SVCS: TCSD
MISC BOOKS: RHRTPL: TCSD
SUPPLIES FOR FIT FUN COLOR RUN: TC
MISC SUPPLIES: 2ND SAT: TVM: TCSD
MISC SMALL TOOLS & EQUIP: INFO TECI
210169 9/29/2022
023030

ARJONA, GLORIA
STTLMNT: BRAZILIAN AND LATIN JAZZ
9/23/2
210170 9/29/2022
017149

B G P RECREATION INC

TCSD INSTRUCTOR EARNINGS
210171 9/29/2022
015592

BAMM PROMOTIONAL
STAFF UNIFORMS: HEALTH FAIR:

PRODUCTS INC
TCSD
210172 9/29/2022
015765

BEISTLE COMPANY THE, DBA
PROMO ITEMS: PREVENTION: FIRE

FIRE SMART PROMOTIONS
210173 9/29/2022
011348

BONCOR WATER SYSTEMS
9/15-10/12 WTR FILTER: FIRE STA 73

LLC, DBA SUNSHINE WATER
SOFT
210174 9/29/2022
001054

CALIF BUILDING OFFICIALS,
WEBINAR: HIGHLIGHTING
(CALBO)
ACCESSIBILTY: BLDG
ED WEEK REGISTRATION: SAN RAMON:

ED WEEK REGISTRATION: SAN RAMON:
210175 9/29/2022
016384

CALIFORNIA INLAND, EMPIRE
SPONSORSHIP: BOY SCOUTS OF

COUNCIL

AMERICA
210176 9/29/2022
004971

CANON FINANCIAL SERVICES
SEP COPIERS LEASE: LIBRARY
INC
210177 9/29/2022
019143

CASO, MARCIA
REFUND: WEST SIDE STORY

CANCELLED
210178 9/29/2022
004462

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

GOVERNMENT LLC
MISC SMALL TOOLS & EQUIP: INFO TECI
MISC SMALL TOOLS & EQUIP: INFO TECI
210179 9/29/2022
023073

CHAVEZ, CAMILA
REFUND: SOCCER 1: TCSD
Amount Paid Check Total
291.44

54.36 39.14
222.91

75.57 803.94
513.05
-19.56
2,391.94

62.92 193.56 4,629.27
761.70
761.70
3,895.50
3,895.50
797.18 797.18
3,088.50 3,088.50
345.00 345.00
210.00
780.00
390.00
1,380.00
1,200.00
1,200.00
671.56
671.56

36.00 36.00
1,050.85
195.03
-693.41 552.47
120.00 120.00
Page:8

apChkLst Final Check List Page: 9
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
210180 9/29/2022
017429

COBRAADVANTAGE INC, DBA
AUG FSA ADMINISTRATION FEES: HR

THE ADVANTAGE GROUP
JUL FSAADMINISTRATION FEES: HR
210181 9/29/2022
004329
COSTCO TEMECULA 491
SUPPLIES: MPSC/HUMAN SVCS: TCSD
MISC SUPPLIES: CONTRACT CLASSES:
210182 9/29/2022
012600

DAVID EVANS AND
AUG ENG SVCS: BIDDING & CONST:

ASSOCIATES INC
PW18-03
210183 9/29/2022
002990

DAVID TURCH AND
AUG FEDERAL LOBBYING SVCS: CITY

ASSOCIATES
MGR
210184 9/29/2022
000395

ECONOMIC DEVELOPMENT
FY22/23 ECONOMIC DEV

CORP, OF SW CALIFORNIA

MEMBERSHIP
(EDC)
210185 9/29/2022
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: TCSD
EXPRESS MAIL SVCS: FIRE
210186 9/29/2022
021501

FG TEMECULA SENIOR APTS
CDBG RENTAL ASSISTANCE: NEWTON

LP, FOUNTAINGLEN AT

TEMECULA
210187 9/29/2022
002982

FRANCHISE TAX BOARD

GARNISHMENT PAYMENT PAYMENT
210188 9/29/2022
009097

FULL COMPASS SYSTEMS
SOUND/LIGHTING SUPPLIES:

THEATER
SOUND/LIGHTING SUPPLIES: THEATER
SOUND/LIGHTING SUPPLIES: THEATER
Sound/Lighting & Misc Supplies: Theater
SOUND/LIGHTING SUPPLIES: THEATER
SOUND/LIGHTING SUPPLIES: THEATER
SOUND/LIGHTING SUPPLIES: THEATER
210189 9/29/2022
009608

GOLDEN VALLEY MUSIC
STTLMNT: CLASSICS @ THE MERC

SOCIETY, DBA CA CHAMBER
9/11 & 9/25

ORCHESTRA
210190 9/29/2022
023085

GRUWELL, NICHOLAS
REIMB: LASO MOTOR SCHOOL: PD
REIMB: LASO MOTOR SCHOOL: PD
210191 9/29/2022
023087
HALL, HELEN E.

INTERPRETER SVCS: MASSAGE
210192 9/29/2022 022551 HAULAWAY STORAGE

CONTAINERS, INC
210193 9/29/2022 013749 HELIXSTORM INC
APPEAL
CARGO CONTAINER: SENIOR CTR
PA-440 LICENSE & SUPPORT: INFO
TECH
PA-440 LICENSE & SUPPORT: PW TRAFF
Amount Paid Check Total
628.20
638.70
399.97

97.42 1,515.50
5,500.00
30,000.00

8.37 7.54
3,283.00
253.13
499.68
428.63
125.28
127.90

18.27 -278.40
462.00
149.54
139.98
600.00
5,799.31
2,880.00
2,880.00
1,266.90
497.39
1,515.50
5,500.00
30,000.00

15.91 3,283.00
253.13
957.91
462.00
289.52
600.00
5,799.31
5,760.00
Page9

apChkLst Final Check List Page: 10
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
210194
9/29/2022
020698

HICKS AND HARTWICK INC
ENG PLAN CHECK SVCS: LAND DEV:

SOLANA WY
210195
9/29/2022
014435

INLAND EROSION CONTROL
MISC EROSION CONTROL SUPPLIES:

SRVCS

STREETS
210196
9/29/2022
022569

INLAND FLEET SOLUTIONS INC
VEHICLE & EQUIPMENT REPAIR: PW
EQUIPMENT REPAIR: STREET MAINT: PV
EQUIPMENT REPAIR: STREET MAINT: PV
EQUIPMENT REPAIR: STREET MAINT: PV
EQUIPMENT REPAIR: PW STREET MAINT
EQUIPMENT REPAIR: PW STREET MAINT
EQUIPMENT REPAIR: STREET MAINT: PV
210197
9/29/2022
023081

KIDDER, GARY
REFUND: WEST SIDE STORY

CANCELLED
210198
9/29/2022
019691

L C PAVING AND SEALING INC
CNSTRCTN CONTRACT SVCS:

SIDEWALKS: DLR
210199
9/29/2022
003975
EMPLOYEE #00231
COMPUTER LOAN PROGRAM: INFO
TECH
210200
9/29/2022
018253
EMPLOYEE #00509

COMPUTER PURCHASE PRGM
210201
9/29/2022
023080

LOWE, JULIE
REFUND: WEST SIDE STORY

CANCELLED
210202
9/29/2022
004813

M AND J PAUL ENTERPRISES
JUMPER/GAME RENTALS: SPECIAL

INC, DBA JOLLY JUMPS
EVENTS
210203
9/29/2022
003782

MAIN STREET SIGNS, DBA
VARIOUS SIGNS & SUPPLIES: PW

ATHACOINC
PARKS
210204
9/29/2022
011956
EMPLOYEE #00438
REIMB: TEAM PACE
210205
9/29/2022
021515
EMPLOYEE #00587
REIMB: TEAM PACE
210206
9/29/2022
021602

PUBLIC RESTROOM COMPANY,
JUL DSGN, FAB, INSTALL: RRSP
THE
RSTRM:PW18
210207
9/29/2022
022771

QUAKEHOLD INDUSTRIAL INC
EMERG PREPAREDNESS BACKPACKS:

EOC
210208
9/29/2022
011952

RAID HATTER, THE, AKA
RAID HATTER: SPECIAL EVENTS: TCSD

ANTONIO MELENDEZ
Amount Paid Check Total
5,490.00
5,490.00
1,100.00
1,100.00
3,703.70
131.25
131.25
131.25
3,052.54
413.52
131.25
7,694.76

36.00 36.00
158, 715.59
158, 715.59
1,700.00
1,700.00
1,263.16
1,263.16

40.00 40.00
2,565.00
2,565.00
5,255.69
5,255.69
345.10
345.10
100.00
100.00
25,507.50
25,507.50
5,346.41
5,346.41
920.00
920.00
Page:10

apChkLst
09/29/2022
3:37:40PM
Final Check List

CITY OF TEMECULA
Page: 11
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
210209
9/29/2022
011853

RANCON COMMERCE CNTR
OCT-DEC'22 BUS PKASSN DUE: STA
510.71
510.71
PH2,3&4
73 210210
9/29/2022
000418

RIVERSIDE CO CLERK AND,
CEQA FILING: PVMT REHAB:

50.00 50.00

RECORDER
LR22-08789
210211
9/29/2022
000267

RIVERSIDE CO FIRE
FPARC-TM, INV#234857, 21/22, Q4
1,637,680.19
1,637,680.19

DEPARTMENT
210212
9/29/2022
022715

RIVERSIDE CO PUBLIC
JUL EMERG RADIO RENTALS: EOC

77.67 SAFETY, ENTERPRISE

COMMUNICATION
AUG EMERG RADIO RENTALS: POLICE
1,893.31
JUL EMERG RADIO RENTALS: CODE
116.51
2,087.49
210213
9/29/2022
000278

SAN DIEGO UNION -TRIBUNE
AUG PUBLIC NTC ADS: CITY CLERK
211.38
211.38
210214
9/29/2022
009980

SANBORN GWYNETH A, CO
COUNTRY LIVE! @ THE MERC 9/17
1,125.00
1,125.00

TEMECULA MUSIC ACADEMY
210215
9/29/2022
017699

SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: MUSEUM
200.00

PRESTON
PHOTOS
PHOTOGRAPHY SVCS: 9/11 EVENT: TCS
200.00
PHOTOGRAPHY SVCS: ARTIST MURAL:'
175.00
PHOTOGRAPHY SVCS: ART FESTIVAL: T
550.00
PHOTOGRAPHY SVCS: COLOR RUN: TC,
300.00
PHOTOGRAPHY SVCS: MPSC EVENT: TC
220.00
1,645.00
210216
9/29/2022
023083

SCHNEIDER, SHARON
REFUND: WEST SIDE STORY
216.00
216.00

CANCELLED
210217
9/29/2022
015674

SJ LINKING SYSTEMS
HEALTH FAIR: WALKIES: TCSD
200.00
200.00
210218
9/29/2022
020545

SOCIAL WORK ACTION GROUP
AUG HOMELESS/STREET OUTREACH:
30,707.20
30,707.20
TCSD
210219
9/29/2022
002503

SOUTH COAST AIR QUALITY,
FY22/23 LATE FEE: LAST FY

7.59 7.59

MANAGEMENT DISTRICT
EMISSIONS:
210220
9/29/2022
000519

SOUTH COUNTY PEST
PEST CONTOL SVCS: STA 84

80.00 CONTROL INC
PEST CONTROL SVCS: STA 12

74.00 154.00
210221
9/29/2022
019250

ST FRANCIS ELECTRIC LLC
PAVEMENT REHAB: VEH/BIKE TRAFFIC
15,200.00
15,200.00
LOOPS:
210222
9/29/2022
000293

STADIUM PIZZA INC
RFRSHMNTS: HIGH HOPES: TCSD
165.99
165.99
Page:11

apChkLst
09/29/2022
3:37:40PM
Final Check List

CITY OF TEMECULA
Page: 12
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
210223
9/29/2022
008337

STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: TCSD
343.79
RETURN: OFFICE SUPPLIES: HUMAN SV
-326.91
OFFICE SUPPLIES: HUMAN SVCS: TCSD
326.91
CREDIT: MISC OFFICE SUPPLIES: TCSD
-163.11
180.68
210224
9/29/2022
009061

STURDIVANT, ANGELA P

TCSD INSTRUCTOR EARNINGS
441.00
441.00
210225
9/29/2022
023084

TAMAYO, AUBREY
REFUND: WEST SIDE STORY

60.00 60.00

CANCELLED
210226
9/29/2022
000515

TEMECULA VALLEY CHAMBER
TVCC SPONSORSHIP FUNDS: ECON
50,000.00
50,000.00

OF, COMMERCE
DEV
210227
9/29/2022
010046

TV CONVENTION &VISITORS
JUL'22 BUS. IMPRV DISTRICT ASMNTS
225,898.66
225,898.66

BUREAU, DBA VISIT TEMECULA
VALLEY
210228
9/29/2022
021242

TWOS COMPANY INC
WHOLESALE GIFT PRODUCTS: GIFT

98.70 98.70
SHOP:TVM
210229
9/29/2022
020963

UPTOWN TEMECULAAUTO
AUG VEHICLE DETAILING SVCS: PW

10.00 SPA LLC

STREETS
AUG VEHICLE DETAILING SVCS: TCSD

5.00 15.00
210230
9/29/2022
019793

URBANE CAFE, TGH
RFRSHMNTS: WORKFORCE PRGMS:

10.00 ENTERPRISES LLC
TCSD
RFRSHMNTS: WORKFORCE PRGMS: TC

89.18 RFRSHMNTS: WORKFORCE PRGMS: TC

86.31 185.49
210231
9/29/2022
023074

VALENCIA, INEZ
CHALK COMPETITION WINNER: TCSD
100.00
100.00
210232
9/29/2022
023055

VAN OTTERLOO INC
LIGHT TOWER REPAIRS: PW STREET
2,922.56
2,922.56
MAINT
210233
9/29/2022
007987

WALMART
MISC SUPPLIES: THEATER
338.83

HOSPITALITY
SUPPLIES: FIT COLOR RUN: TCSD
536.83
SUPPLIES: FIT COLOR RUN: TCSD
475.29
1,350.95
210234
9/29/2022
007987

WALMART
MISC SUPPLIES: MPSC: TCSD

85.02 85.02
210235
9/29/2022
010487
EMPLOYEE#00460
REIMB: LOCC CONF: 09/07-09/08
571.33
571.33
210236
9/29/2022
012343

WEST COAST PERFORMING,
"TICKET TO RIDE:BEATLES TRIBUTE"
13,344.89
13,344.89

ARTS PRESENTERS
9/25/22
210237
9/29/2022
020193

WHITE CAP LP
MISC SUPPLIES: PW STREET MAINT
160.91
MISC SUPPLIES: PW STREET MAINT
1,802.57
1,963.48
Page:12

apChkLst Final Check List Page: 13
09/29/2022 3:37:40PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
210238 9/29/2022 000341 WILLDAN ASSOCIATES INC
210239 9/29/2022 023078 YORKE, DONNA
(Continued)
Description Amount Paid Check Total
APR TRAFFIC ENG SVCS: PW 3,308.32 3,308.32
TRAFF/55
REFUND: WEST SIDE STORY 40.00 40.00

CANCELLED
Grand total for UNION BANK: 13,988,309.00
Page:13

apChkLst Final Check List Page: 14
09/29/2022 3:37:40PM CITY OF TEMECULA
127 checks in this report.

Grand Total All Checks: 13,988,309.00
Page:14

apChkLst Final Check List Page: 1
10/04/2022 1:08:12PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date
Vendor
Description
503194 10/6/2022
022546 AIRWAVE COMMUNICATIONS,
EMPG GRANT: RADIO EQUIPMENT:

ENTERPRISES
EOC
503195 10/6/2022
009374 ALLEGRO MUSICAL VENTURES
PIANO TUNING/MAINT: THEATER

DBA, ALLEGRO PIANO

SERVICE
503196 10/6/2022
004240 AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN

SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
NOV STAND BY FEE: POLICE
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
503197 10/6/2022
013950 AQUA CHILL OF SAN DIEGO
AUG DRINKING WTR SYS MAINT:

HARVESTON
AUG DRINKING WTR SYS MAINT: HARVE
SEP DRINKING WTR SYS MAINT: AQUATI
503198 10/6/2022
018941 AZTEC LANDSCAPING INC
RESTROOM MAINTENANCE: PW
PARKS
RESTROOM MAINTENANCE: PW PARKS
503199 10/6/2022
004248 CALIF DEPT OF
AUG BLOOD & ALCOHOL ANALYSIS:

JUSTICE-ACCTING
PD
503200 10/6/2022
022790 CLEARSTAR INC
PRE -EMPLOYMENT SCREENINGS: HR
503201 10/6/2022
022687 EMPLOYEE #00604
REIMB: HEALTH & WELLNESS FAIR: HR
503202 10/6/2022
000442 COMPUTER ALERT SYSTEMS
OCT-DEC ALARM SYS MONITORING:

FACILITIES
OCT-DEC ALARM SYS MONITORING: FIR
JUL-SEPALARM SYS MONITORING: POL
JUL-SEPALARM SYS MONITORING: FIRE
503203 10/6/2022
021230 CONSOLIDATED ELECTRICAL
SMALL TOOLS: TRAFFIC: PW

DISTR, DBA CALIF ELECTRIC
SUPPLY
LightGrid software renewal:street lights
503204 10/6/2022
021230 CONSOLIDATED ELECTRICAL
MISC ELECTRICAL: PW STREETS

DISTR, DBA CALIF ELECTRIC
SUPPLY
503205 10/6/2022
021291 COOKE AARON, DBA PROPER
COLOR RUN BANNERS: CRC: TCSD

MANAGEMENT
Amount Paid Check Total
2,093.93 2,093.93
380.00 380.00
124.00

62.01 496.08
157.91
1,420.55
1,420.55
157.91
3,839.01

28.55 28.55

68.96 126.06
9,098.22
9,098.22
18,196.44
1,225.00
1,225.00
601.29
601.29

89.50 89.50
5,505.00
405.00
193.58
405.00
6,508.58
-358.88
25,327.88
24,969.00
9,396.00
9,396.00
271.67 271.67
Page:1

apChkLst Final Check List Page: 2
10/04/2022 1:08:12PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date
Vendor
Description
503206 10/6/2022
010650 CRAFTSMEN PLUMBING &
PLUMBING SVCS: PARKS: PW

HVAC INC
503207 10/6/2022
001393 DATA TICKET INC, DBA
AUG CITATIONS PROCESSING: POLICE

REVENUE EXPERTS
503208 10/6/2022
020648 DG INVESTMENT HOLDINGS 2
MAINT OF SECURITY SYSTEM: INFO

INC, CONVERGINT
TECH

TECHNOLOGIES
503209 10/6/2022
003945 DIAMOND ENVIRONMENTAL
PORTABLE RESTROOMS: PW PARKS
SRVCS
PORTABLE RESTROOMS: PW PARKS
PORTABLE RESTROOMS: PW PARKS
PORTABLE RESTROOMS: PW PARKS
503210 10/6/2022
004192 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: PARK RANGE
FUEL FOR CITY VEHICLES: LAND DEV: F
FUEL FOR CITY VEHICLES: POLICE
FUEL FOR CITY VEHICLES: TRAFFIC: PN
FUEL FOR CITY VEHICLES: CIP: PW
FUEL FOR CITY VEHICLES: EOC
FUEL FOR CITY VEHICLES: STREET MAI
FUEL FOR CITY VEHICLES: CODE ENFOI
FUEL FOR CITY VEHICLES: BLDG INSPE
FUEL FOR CITY VEHICLES: PARKS: PW
FUEL FOR CITY VEHICLES: FIRE DEPT
FUEL FOR CITY VEHICLES: STREET MAI
503211 10/6/2022
002577 ENGINEERING RESOURCES,
ENG SVCS: BIKE TRAIL PRGM:

OF SOUTHERN CALIF., INC.

PW19-11
ENG CONSULT SVCS: OVERLAND: PW2C
503212 10/6/2022
020921 EMPLOYEE #00539
REIMB: MOTIVATIONAL SPEAKER: HR
503213 10/6/2022
022526 EMPLOYEE #00594
REIMB: NAT'L SAFETY EXPO:
09/18-09/21
503214 10/6/2022
022726 FORENSIC NURSING OF
SART EXAM: TEM SHERIFF

SOCAL INC
503215 10/6/2022
014865 FREIZE UHLER KIMBERLY DBA,
PROMOTIONAL ITEMS: HEALTH FAIR:

CLEAR BLUE PROMOTIONS
HR
CITY APPAREL: CITY MGR
503216 10/6/2022
001937 GALLS LLC
TRAFFIC UNIFORM: SOMMERCIAL
VEH: SHERIFF
traffic uniform for commercial veh: tern
Amount Paid Check Total
1,858.96
1,858.96
1,292.11
1,292.11
1,798.68
1,798.68
110.88
110.88
110.88
165.88
498.52
157.10

96.44 149.37
149.64
611.84

79.22 86.69
1,141.04

50.90 328.77
2,038.02
404.83
1,305.87
6,599.73
1,543.00
44,705.66
46,248.66
155.27
155.27
313.46
313.46
1,200.00
1,200.00
364.23
113.14
477.37
214.98

67.73 282.71
Paget

apChkLst Final Check List Page: 3
10/04/2022 1:08:12PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date
Vendor
Description
503217 10/6/2022
021365

GEORGE HILLS COMPANY INC
AUG CLAIMS ADMINISTRATION: HR
503218 10/6/2022
000177

GLENNIES OFFICE PRODUCTS
MISC OFC SUPPLIES: BLDG & SAFETY
INC
MISC OFC SUPPLIES: BLDG & SAFETY
MISC OFC SUPPLIES: BLDG & SAFETY
MISC OFC SUPPLIES: BLDG & SAFETY
503219 10/6/2022
003792

GRAINGER
TRAFFIC SIGNAL PARTS: PUBLIC
WORKS
TRAFFIC SIGNAL PARTS: PUBLIC WORK
503220 10/6/2022
020628

HASA INC
POOL SANITIZING CHEMICALS: VARI
POOLS
503221 10/6/2022
000520

HDL COREN AND CONE

JUL-SEP SALES TAX & RECOVERY
SVCS
FY21/22 ACFR STATISTICAL PKG
503222 10/6/2022
020249
LAUND3R.COM LLC
LAUNDRY SVCS: MPSC: TCSD
503223 10/6/2022
000482

LEIGHTON CONSULTING INC
MATERIALS TESTING SVCS: PW18-03
503224 10/6/2022
022664

MARIPOSATREE
ANNUAL TREE TRIMMING: ROW:

MANAGEMENT INC
PARKS
TREE SVCS: BAHIA VISTA: PARKS
TREE SVCS: CRC REMOVAL PROJ: PARK
TREE SVCS: NORTH STAR CT: PARKS
TREE SVCS: S-03 RANCH HIGHLANDS: F
TREE SVCS: DUCK POND: PARKS
TREE SVCS: CRC REMOVAL PROJ: PARK
TREE SVCS: S-21 VAIL RANCH: PARKS
503225 10/6/2022
018675

MDG ASSOCIATES INC
AUG ADA LABOR COMPLIANCE:

PW18-16
503226 10/6/2022
004951

MIKE'S PRECISION WELDING
WELDING SVCS: CRC POOL REPAIRS:

INC
PW
503227 10/6/2022
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: WOLF CREEK
INC
SLOPE
ELECTRICAL SUPPLIES: PARKS
ELECTRICAL SUPPLIES: LIBRARY
ELECTRICAL SUPPLIES: CIVIC CTR
ELECTRICAL SUPPLIES: PARKS
ELECTRICAL SUPPLIES: WEST WING
503228 10/6/2022
004040

MORAMARCO ANTHONY J,
ART ROOM EVENT: TCSD

DBA BIGFOOT GRAPHICS
COMMUNITY MURAL PROJ: TCSD
Amount Paid Check Total
2,804.80
2,804.80
424.96

73.49 32.60

11.90 542.95
199.56
450.23
649.79
708.05
708.05
3,234.54
695.00
3,929.54
156.55
156.55
1,488.65
1,488.65
5,304.75
762.30
5,590.27
635.25
1,007.68
10,206.35
4,912.00
1,253.10
29,671.70

76.88 76.88
160.00 160.00

59.26 1,071.77
191.74
512.67
699.15
157.25 2,691.84
1,200.00
1,500.00 2,700.00
Page:3

apChkLst
10/04/2022
1:08:12PM
Final Check List

CITY OF TEMECULA
Page: 4
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
503229
10/6/2022
022599

NIEVES LANDSCAPE INC
IRRIGATION REPAIRS: WOLF CREEK
394.07
TRAIL
IRRIGATION REPAIRS: OVERLAND VAIL 1
205.17
IRRIGATION REPAIRS: SOLANA WAY
2,770.55
IRRIGATION REPAIRS: WOLF CREEK S-2
169.35
LANDSCAPE IMPROVEMENTS: DUCK PC
4,830.00
IRRIGATION REPAIRS: VAIL RANCH S-21
240.04
8,609.18
503230
10/6/2022
014173

NPG INC DBA, GOLDSTAR
ASPHALT REPAIRS: CIP: PW21-10
238,244.00

ASPHALT PRODUCTS
PAINT FOR VARIOUS PARKS: PW
769.34
ASPHALT REPAIRS & STRIPING: PW STF
137,010.00
376,023.34
503231
10/6/2022
009337
NV5 INC
PROJECT MGT SVCS: MRC PW17-21
40,169.36
40,169.36
503232
10/6/2022
021998

OLD TOWN TIRE AND SERVICE
VEH REPAIR & MAINTENANCE: TEM
958.99
958.99
INC

SHERIFF
503233
10/6/2022
020544

PARKHOUSE TIRE SERVICE
TIRE SERVICE: PW STREET MAINT
5,020.00
5,020.00
INC
503234
10/6/2022
005075

PRUDENTIAL OVERALL
UNIFORM SVCS: STREET MAINT: PW

44.18 SUPPLY
UNIFORM SVCS: PARK MAINT: PW

55.21 FLOOR MATS/TOWEL RENTALS: FOC

9.70 UNIFORM SVCS: PARKS MAINT: PW

57.63 FLOOR MATS/TOWEL RENTALS: CRC

29.51 FLOOR MATS/TOWEL RENTALS: THEATE

9.10 FLOOR MATS/TOWEL RENTALS: JRC

8.28 FLOOR MATS/TOWEL RENTALS: TVM

11.37 FLOOR MATS/TOWEL RENTALS: TCC

12.96 FLOOR MATS/TOWEL RENTALS: CIVIC C

95.70 FLOOR MATS/TOWEL RENTALS: SENIOR

23.15 FLOOR MATS/TOWEL RENTALS: FOC

9.70 366.49
503235
10/6/2022
022537

REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: CIVIC CTR
453.87

DISTRIBUTOR
MISC HVAC SUPPLIES: TVE2
971.70
MISC HVAC SUPPLIES: SENIOR CTR
122.42
MISC HVAC SUPPLIES: LIBRARY
239.55
MISC HVAC SUPPLIES: FIRE
128.08
MISC HVAC SUPPLIES: SENIOR CTR

38.26 MISC HVAC SUPPLIES: JRC

32.76 1,986.64
503236
10/6/2022
020429

REMOTE SATELLITE SYSTEMS
AUG'22 SAT PH AIRTIME/OCT FEE:
295.00
295.00
INTL
EOC
Page:4

apChkLst Final Check List Page: 5
10/04/2022 1:08:12PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
503237 10/6/2022 002412 RICHARDS WATSON AND

GERSHON
(Continued)
Description
AUG 2022 LEGAL SERVICES
AUG 2022 LEGAL SERVICES
AUG 2022 LEGAL SERVICES
AUG 2022 LEGAL SERVICES
AUG 2022 LEGAL SERVICES
AUG 2022 LEGAL SERVICES
503238 10/6/2022 017549 ROSENAND ROSEN UNIFORMS: PW PARKS

INDUSTRIES INC, DBA RAND R

INDUSTRIES
Amount Paid Check Total
46,073.30
29,030.09
702.00
248.50

73.50 885.00
231.27
503239 10/6/2022 004274 SAFE AND SECURE LOCKSMITH SVCS: FOC 58.29

LOCKSMITH SRVC
503240 10/6/2022 009213 SHERRY BERRY MUSIC
503241 10/6/2022 013482 SILVERMAN ENTERPRISES

INC, DBA BAS SECURITY
503242 10/6/2022 000645 SMARTAND FINAL INC
503243 10/6/2022 003840 STRONG'S PAINTING
503244 10/6/2022 003849 TERRYBERRY COMPANY
503245 10/6/2022 018147 WADDLETON, JEFFREY L.
503246 10/6/2022 020275 WALLACE & ASSOC

CONSULTING LLC, ANSER

ADVISORY MNGMT LLC
LOCKSMITH SVCS: PARKS: PW

60.60 LOCKSMITH SERVICES: PARKS: PW
203.32
LOCKSMITH SVCS: NPDES

17.38 LOCKSMITH SVCS: CRC
117.45
LOCKSMITH SERVICES: PARKS: PW
262.95
JAZZ @ THE MERC 9/8
399.00
JAZZ @ THE MERC 9/24
983.25
JAZZ @ THE MERC 9/22
520.00
9112-9/25 SECURITY: ROTATING PARKS
2,338.00
& REC
CREDIT MEMO: DOUBLE PMNT 8/16 &-581.80
7/11
RFRSHMNTS: HUMAN SVCS: TCSD 669.56
PAINTING SVCS: FOC: PW 600.00
EMPLOYEE SVC RECOGNITION: HR

91.11 EMPLOYEE SVC RECOGNITION: HR
126.69
DJ/MC SVCS: TRAIL OPENING: TCSD
525.00
DJ/MC SVCS: COLOR RUN: TCSD
525.00
DJ/MC SVCS: OPEN STREETS BIKE: TCS
930.00
DJ/MC SVCS: 9/11 REMEMBERANCE
525.00
PROJECT INSP & OVERSIGHT: PW
7,935.00
CONSTRUCTION INSP SVCS: PW21-06
414.00
CONSTRUCTION MGMT SVS: PW19-10
2,530.00
Grand total for EFT UNION BANK:
77,012.39
231.27
719.99
1,902.25
2,338.00

87.76 600.00
217.80
2,505.00
10,879.00
703,925.16
Pages

apChkLst Final Check List Page: 6
10/04/2022 1:08:12PM CITY OF TEMECULA
53 checks in this report.

Grand Total All Checks: 703,925.16
Page6

apChkLst Final Check List Page: 1
10/06/2022 3:40:57PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
Description
14128 9/9/2022
006887

UNION BANK OF CALIFORNIA
018925

MEMORABLE BITES LLC, DBA
RFRSHMNTS: QLMP BLUE RIBBON

FIREHOUSE SUBS

COMMITTEE
020535

LUNA GRILL
RFRSHMNTS: PLAN COMMISSION MTG
000293

STADIUM PIZZA INC
RFRSHMNTS: PLANNNING MTG
14229 9/23/2022
000262

RANCHO CALIF WATER
VAR AUG WATER 3019521 WARBLER

DISTRICT
DR
210240 10/6/2022
007282

AMAZON CAPITAL SERVICES
MISC SMALL TOOLS & EQUIP: TEM
INC

SHERIFF
MISC OFC SUPPLIES: FINANCE
SKATE PARK SUPPLIES: CRC: TCSD
MISC SUPPLIES: TVM: TCSD
MISC SUPPLIES: CITY CLERK
MISC OFC SUPPLIES: TEM SHERIFF
MISC OFC SUPPLIES: MALL STOREFROI
MISC SUPPLIES: HUMAN SVS: TCSD
SMALL TOOLS/EQUIPMENT: TEM SHERIF
MISC OFC SUPPLIES: TEM SHERIFF
210241 10/6/2022
021689

ASCENT ENVIRONMENTAL INC
SEIR: TEM VLY HOSPITAL: PA22-0105
INITIAL: RENDEZVOUS PHASE II PA20-1�
210242 10/6/2022
015592

BAMM PROMOTIONAL
STAFF UNIFORMS: INFO TECH

PRODUCTS INC
210243 10/6/2022
001323

BLUETRITON BRANDS INC,
8/7-9/6 WTR DLVRY SVC: TVE2

DBA READYREFRESH
210244 10/6/2022 022976 BUSH, BRENDA
210245 10/6/2022 020125 CABRERA, LISA
210246 10/6/2022 003138 CAL MAT, DBA VULCAN

MATERIALS CO
210247 10/6/2022 001054 CALIF BUILDING OFFICIALS,
(CALBO)
210248 10/6/2022 022930 CCS SAN DIEGO JANITORIAL

INC, DBACCS FACILITY

SERVICES
8/23-9/22 WTR DLVRY SVC: TES POOL
8/23-9/22 WTR DLVRY SVC: SKATE PARK
8/23-9/22 WTR DLVRY SVC: PBSP
UTILITY BOX PROJECT:TCSD
UTILITY BOX PROJECT:TCSD
ASPHALT SUPPLIES: STREET MAINT:

PW
ED WEEK REGISTRATION: ONTARIO:

BLDG
ED WEEK REGISTRATION: ONTARIO: BLI
ED WEEK REGISTRATION: ONTARIO: BLI
janitorial services: otsf police
Amount Paid Check Total
386.28
277.21

91.04 23,630.34
1,841.40
198.97
156.28
155.93

90.83 63.25

26.96 22.68

21.50 50.58
2,160.00
282.50
1,419.97

75.44 17.39

11.30 -42.97
400.00
400.00
293.64
650.00
390.00
260.00
616.04
754.53
23,630.34
2,628.38
2,442.50
1,419.97

61.16 400.00
400.00
293.64
1,300.00
616.04
Page:1

apChkLst Final Check List Page: 2
10/06/2022 3:40:57PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
210249 10/6/2022 004462 CDW LLC, DBA CDW

GOVERNMENT LLC
210250 10/6/2022 019878 CERTIFIED ACCESS

SPECIALIST, INSTITUTE
210251 10/6/2022 005417 CINTAS PROTECTION NO 2,
CINTAS FIRE 636525
210252 10/6/2022 022974 CORREA, MARIA
210253 10/6/2022 001264 COSTCO TEMECULA 491
210254 10/6/2022 016755 CRASH DATA GROUP INC
210255 10/6/2022 012600 DAVID EVANS AND

ASSOCIATES INC
210256 10/6/2022 020977 DEBRA GAYLE DESIGNS
210257 10/6/2022 022798 DS SERVICES OF AMERICA

INC, SPARKLETTS
210258 10/6/2022 022968 ESTRELLA, JONATHAN
210259 10/6/2022 023068 FALCICCHIO, NICHOLAS
210260 10/6/2022 019469 FALCON ENGINEERING

SERVICES
210261 10/6/2022 000165 FEDERAL EXPRESS INC
(Continued)
Description
Amount Paid Check Total
MISC SMALL TOOLS & EQUIP: IT
787.74
MISC SMALL TOOLS & EQUIP: INFO TECI
148.68
MISC SMALL TOOLS & EQUIP: INFO TECI

81.13 1,017.55
CASI MEMBERSHIP: BLDG & SAFETY
175.00 175.00
FIRST AID KIT MAINTENTANCE 1,693.95

FIRST AID KIT MAINTENTANCE
936.76

FIRST AID KIT MAINTENTANCE
714.27

FIRST AID KIT MAINTENTANCE
482.33

FIRST AID KIT MAINTENTANCE
351.92

FIRST AID KIT MAINTENTANCE
244.23

FIRST AID KIT MAINTENTANCE
218.05

FIRST AID KIT MAINTENTANCE
188.00

FIRST AID KIT MAINTENTANCE
139.05

FIRST AID KIT MAINTENTANCE
124.59

FIRST AID KIT MAINTENTANCE
118.71
5,211.86
UTILITY BOX PROJECT:TCSD
400.00
400.00
MISC OFC SUPPLIES: THEATER
167.07
MISC SUPPLIES: PLANNING COMM MTG
130.25
297.32

CDR SFTWR SUBSCRIPTION
1,250.00
1,250.00
RENEWAL: PD
DOG PARK RENOVATION: PW
13,940.00
ENG DSGN SVCS: HOCKEY RINK: RRSP
5,942.25
19,882.25
UTILITY BOX PROJECT:TCSD
400.00
400.00
WATER DELIVERY: CMO

48.21 48.21
UTILITY BOX PROJECT:TCSD
400.00
400.00
CELLULAR TECH REGISTRATION: TEM
1,200.00
1,200.00

SHERIFF
CONSTRUCTION MGMT SVCS:
57,233.02
PW08-04
CONSTRUCTION MGMT SVCS: PW08-04
30,030.00
87,263.02
EXPRESS MAIL SVCS: CIP

13.24 EXPRESS MAIL SVCS: FINANCE

8.23 21.47
Paget

apChkLst Final Check List Page: 3
10/06/2022 3:40:57PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
210262
10/6/2022
023085

GRUWELL, NICHOLAS
210263
10/6/2022
022972

HALL, FREIDA
210264
10/6/2022
013749

HELIXSTORM INC
210265
10/6/2022
003198

HOME DEPOT
210266
10/6/2022
021896

JP HANDMADE CORP, DBA

MINUTEMAN PRESS
210267
10/6/2022
016257

KELLY SPICERS INC, DBA

KELLY SPICERS STORES
210268
10/6/2022
022967

KIRCHGESSNER, ANN E
210269
10/6/2022
017118

KRACH BREE B, DBA

TEMECULA TROPHY& DES
(Continued)
Description
REIMB: LASO MOTOR SCHOOL: PD
UTILITY BOX PROJECT:TCSD
IT INFRASTRUCTURE SUPPORT: IT
HRDWR SUPPLIES: IWTCM
BUSINESS CARDS: TVE2
BUSINESS CARDS: STREET MAINT: PW
WHITE COPY PAPER: CENTRAL

SERVICES
UTILITY BOX PROJECT:TCSD
EMPLOYEE RECOGNITION AWARDS:

HR
EMPLOYEE RECOGNITION AWARDS: HR
RIC TAGS/PLATES: FIRE DEPT
NAME BADGES: ECO DEV
210270
10/6/2022
003782

MAIN STREET SIGNS, DBA
CITY SIGNAGE: CITY MGR OFC

ATHACO INC
210271
10/6/2022
022980

MCFARLAND NELSON, BRYANT
UTILITY BOX PROJECT:TCSD
210272
10/6/2022
017861

MYTHOS TECHNOLOGY INC
OCT-DEC MONITORING SVCS: TVE2
210273
10/6/2022
019331

NELSON, BARBARA
UTILITY BOX PROJECT:TCSD
210274
10/6/2022
006140

NORTH JEFFERSON BUSINESS
OCT-DEC'22ASSN DUES 3561 #20: FV
PARK
OCT-DEC'22ASSN DUES 3561 #19: FV
OCT-DEC'22ASSN DUES 3561 #16: FV
OCT-DEC'22ASSN DUES 3561 #17: FV
210275
10/6/2022
017148

OAKLEY SALES CORP
Motor glasses: Tern Sheriff
210276
10/6/2022
003964

OFFICE DEPOT BUSINESS SVS
MISC OFFICE SUPPLIES: PW CIP
DIV
210277
10/6/2022
017815

OWEN, LISA
UTILITY BOX PROJECT:TCSD
Amount Paid Check Total
128.97
400.00
3,881.25

70.82 60.17

81.82 2,652.17
400.00
149.53

53.29 13.05

8.70 77.26
400.00
450.00
400.00
778.72
749.11
616.70
573.16
111.13
inlillivA
400.00
128.97
400.00
3,881.25

70.82 141.99
2,652.17
400.00
224.57

77.26 400.00
450.00
400.00
2,717.69
111.13
125.17
400.00
Page3

apChkLst Final Check List Page: 4
10/06/2022 3:40:57PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
210278
10/6/2022
014273

PARAGON PARTNERS,
PRELIMINARY TITLE REPORTS:

CONSULTANTS INC
PW17-25: CIP
210279
10/6/2022
022970

PARKER, CHLOE
UTILITY BOX PROJECT:TCSD
210280
10/6/2022
022969

PARKER, KAI B
UTILITY BOX PROJECT.TCSD
210281
10/6/2022
000249

PETTY CASH

PETTY CASH REIMBURSEMENT
210282
10/6/2022
006653

PLAYPOWER LT FARMINGTON
PLAYGROUND EQUIP: TEMEKU HILLS
PK
210283
10/6/2022
010338

POOLAND ELECTRICAL,
VARIOUS SUPPLIES: SPLASH PAD: PW

PRODUCTS INC
VARIOUS SUPPLIES: AQUATICS: PW
POOL SUPPLIES: AQUATICS
210284
10/6/2022
020127

QUINN COMPANY
BACKUP GENERATOR & ATS: PW
210285
10/6/2022
002176

RANCHO CALIF BUS PKASSOC
OCT-DEC'22 BUS PKASSN DUE: TVE2
OCT-DEC'22 BUS PKASSN DUE:: DIAZ F
OCT-DEC'22 BUS PKASSN DUE: FOC
210286
10/6/2022
011853

RANCON COMMERCE CNTR
OCT-DEC'22 BUS PKASSN DUE:

PH2,3&4

OVRLND PRJT
OCT-DEC'22 BUS PKASSN DUE: OVRLN
OCT-DEC'22 BUS PKASSN DUE: OVRLN
210287
10/6/2022
019712

RED HELMET TRAINING
INSPECTOR TRAINING CLASSES: FIRE
210288
10/6/2022
022494

REVZILLA MOTORSPORTS LLC,
GLOVES: TRAFFIC: TEM SHERIFF
DBA REVZILLA.COM
GLOVES: TRAFFIC: TEM SHERIFF
210289
10/6/2022
000411

RIVERSIDE CO FLOOD
ENCROACHMENT PERMIT APP FEE:

CONTROL AND, WATER
PW16-01

CONSERVATION DIST
210290
10/6/2022
022495

RIVERSIDE CO
BUSINESS CARDS: TEM SHERIFF

SHERIFF'S-GREYBAR
210291
10/6/2022
001365

RIVERSIDE, COUNTY OF,
ENVIRONMENTAL HEALTH PERMIT:

ENVIRONMENTAL HEALTH
CRC
DEPT
ENVIRONMENTAL HEALTH PERMIT: CRC
210292
10/6/2022
021005

SACHA HOPE DBA, SACHA
UTILITY BOX PROJECT:TCSD

HOPE HEARTSTONE HOU
Amount Paid Check Total
11,575.00 11,575.00
400.00
400.00
400.00
400.00
1,011.84
1,011.84
3,205.79
3,205.79
121.80
101.35

50.69 273.84
54,486.25
54,486.25
2,234.14
2,033.07
1,843.17
6,110.38
249.03
198.38
177.27
624.68
600.00
600.00
775.79
339.40
1,115.19
2,000.00
2,000.00

16.16 16.16
933.00
763.00 1,696.00
400.00 400.00
Page:4

apChkLst Final Check List Page: 5
10/06/2022 3:40:57PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
210293 10/6/2022 017699 SARNOWSKI SHAWNA M

PRESTON
210294 10/6/2022 021309 SB&OINC
210295 10/6/2022 000519 SOUTH COUNTY PEST

CONTROL INC
210296 10/6/2022 012652 SOUTHERN CALIFORNIA,

TELEPHONE COMPANY
210297 10/6/2022 000293 STADIUM PIZZA INC
210298 10/6/2022 017814 STC TRAFFIC INC
210299 10/6/2022 003599 TY LIN INTERNATIONAL
210300 10/6/2022 003941 TEMECULA WINNELSON

COMPANY
210301 10/6/2022 020911 T-MOBILE USA, INC
210302 10/6/2022 004124 TRUELINE CONSTRUCTION

AND, SURFACING INC
210303 10/6/2022 020963 UPTOWN TEMECULAAUTO

SPA LLC
210304 10/6/2022 019793 URBANE CAFE, TGH

ENTERPRISES LLC
210306 10/6/2022 002702 USPS - POC,
ACCOUNT#8089685
(Continued)
Description
Amount Paid
Check Total
PHOTOGRPAHY SVCS: HEADSHOT:
150.00

ECO DEV
PHOTOGRAPHY SVCS: 9/11 EVENT: CITY
350.00
PHOTOGRAPHY SVCS: 9/11 EVENT: FIRE
350.00
PHOTOGRAPHY SVCS: TEM SAFE: ECO
300.00
1,150.00
DESIGN, ENVIRO & SURVEY SVS:
5,966.25
5,966.25

RRSP TRAILS
PEST CONTROL SVCS: WOLF CREEK

49.00 PK
PEST CONTROL SVCS: BIRDSALL PK
493.00
PEST CONTROL SVCS: HARVESTON PK

95.00 PEST CONTROL SVCS: CRC

90.00 PEST CONTROL SVCS: BIRDSALL PK

70.00 797.00
SEP GEN USAGE: 0141,0839,0978,0979
920.37
OCT GEN USAGE: 0141,0839,0978,0979
917.94
1,838.31
RFRSHMNTS: HIGH HOPES: TCSD

97.26 97.26
TRAFFIC ENG SVCS: FIBER OPTIC
7,800.00

COMM PLAN
FIBER OPTIC COMM SYS UPGRADE: PW
1,690.00
9,490.00
6/25-8/15 CONSULT: FV PKWY/1-15: PH
11 61,228.38
61,228.38
PLUMBING SUPPLIES: PARKS
1,198.97
MISC PLUMBING SUPPLIES: PARKS
1,150.03
MISC PLUMBING SUPPLIES: TCC
614.59
2,963.59
GPS LOCATE: TEM SHERIFF
125.00
125.00
TENNIS COURT MAINT: M NAGGAR
11,800.00
PARK: PW
TENNIS COURT MAINT: M NAGGAR PART
10,420.00
22,220.00
AUG VEHICLE DETAILING SVCS: B&S

45.00 AUG VEHICLE DETAILING SVCS: PW PAF

20.00 AUG VEHICLE DETAILING SVCS: PW PAF

20.00 AUG VEHICLE DETAILING SVCS: CODE

5.00 90.00
RFRSHMNTS: WORKFORCE PRGMS:
525.94
525.94
TCSD
AUG'22 POSTAGE METER DEPOSIT
2,169.55
MAY'22 POSTAGE METER DEPOSIT
1,501.63
JUN'22 POSTAGE METER DEPOSIT
1,165.85
JUL'22 POSTAGE METER DEPOSIT
1,138.22
5,975.25
Page:5

apChkLst Final Check List Page: 6
10/06/2022 3:40:57PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
210307
10/6/2022
014486

VERIZON WIRELESS
8/11-9/10: CELLULAR/BROADBAND: PD
210308
10/6/2022
001890

VORTEX INDUSTRIES INC
DOOR REPAIR: LIBRARY: PW
210309
10/6/2022
007987

WALMART
MISC SUPPLIES: THEATER

HOSPITALITY
210310
10/6/2022
021131
WARREN BURLEY, DBA 2 GUN
BENEFITS VIDEO: HR

PRODUCTIONS
210311
10/6/2022
000339

WEST PUBLISHING
SEP CLEAR SUBSCRIPTION: TEM

CORPORATION,

SHERIFF
DBA:THOMSON REUTERS
Amount Paid Check Total
665.34
900.00
191.50
9,107.00
1,053.45
210312 10/6/2022 023093 WOLFE INTERACTIVE INC CITY LABEL DESIGN: ECO DEV 750.00 210313 10/6/2022 022979 WYNNE, PATRICIA GREENE UTILITY BOX PROJECT:TCSD 400.00 210314 10/6/2022 022977 YOUNG, GEORGE W UTILITY BOX PROJECT:TCSD 400.00 Grand total for UNION BANK:
665.34
900.00
191.50
9,107.00
1,053.45
750.00
400.00
400.00
373,943.66
Page.-6

apChkLst Final Check List Page: 7
10/06/2022 3:40:57PM CITY OF TEMECULA
76 checks in this report.

Grand Total All Checks: 373,943.66
Page:?

Item No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: October 25, 2022
SUBJECT: Approve City Council Meeting Schedule for November and December 2022 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council:

1. Approve the cancellation of the regular meetings in November 2022; and

2. Conduct adjourned regular meetings on November 15, 2022 and November 29, 2022; and

3. Approve the cancellation of the December 27, 2022 meeting.

BACKGROUND: The November 8, 2022 meeting falls on Election Day and the November 24, 2022 falls during Thanksgiving week. In lieu of these meetings, November 15, 2022 and November 29, 2022 may be conducted as adjourned regular meetings. The December 27, 2022 meeting falls during the holiday week. Similar to previous years, it is recommended that the December meeting be cancelled.

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 5

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 25, 2022
SUBJECT: Approve the Site Access for Research Agreement with the Center for Natural Lands Management, Riverside Conservation Authority and Riverside County Transportation Commission on City -Owned Properties within Roripaugh Ranch PREPARED BY: Anissa Sharp, Management Assistant
Ron Moreno, Principal Civil Engineer
RECOMMENDATION: That the City Council approve the Site Access for Research Agreement with the Center for Natural Lands Management, Riverside Conservation Authority, Riverside County Transportation Commission, Riverside County Habitat Conservation Agency and City of Temecula on City -Owned Properties within Roripaugh Ranch.

BACKGROUND: On August 29, 2022, City of Temecula staff received the Site Access for Research Agreement ("Agreement") from the Center for Natural Lands Management. The Agreement grants access to multiple properties in Riverside County for the purpose of researching and monitoring the Stephen's Kangaroo Rat (Dipodomys stephensi, SKR). The Agreement requires individual executions, as individual organizations, of the Center for Natural Lands Management ("CNLM"), Riverside Conservation Authority/Riverside County Transportation Commission ("RCA/RCTC"), County of Riverside ("County"), Riverside County Habitat Conservation Agency ("RCHCA") and the City of Temecula ("City").

CNLM has managed the City -owned Roripaugh Ranch Preserve for over twenty years. This preserve was set aside as mitigation for various federal/state threatened and endangered species under the Assessor's District 161 Habitat Conservation Plan. As the property owner, the City must grant access hence the recommendation. If approved, the Agreement shall remain in effect until November 30, 2023.

FISCAL IMPACT: There is no fiscal impact associated with the approval of this agreement.

ATTACHMENTS: Site Access for Research Agreement

SITE ACCESS FOR RESEARCH AGREEMENT
Stephen's Kangaroo Rat (Dipodomys stephenst) Rangewide Monitoring at CNLM's Roripaugh Ranch (S015) and Skunk Hollow (S028) Preserves Under the terms and conditions of this SITE ACCESS FOR RESEARCH AGREEMENT ("Agreement"), upon their individual executions of this Agreement, as individual organizations, Center for Natural Lands Management ("CNLM"), and the City of Temecula ("City"), the latter two, together "Landowners," hereby grant access to Riverside County Habitat Conservation Agency ("RCHCA") to enter certain properties owned by Landowners for which CNLM is the Manager for the purpose of monitoring the Stephen's Kangaroo Rat (Dipodomys stephensi, SKR).

RECITALS
A. CNLM is a nonprofit organization dedicated to the perpetual protection and science -based management of habitat and species through effective long-term stewardship.

B. CNLM is owner and habitat manager and conducts biological monitoring or management responsibilities, or conducts biological monitoring and/or management activities on the following properties located in Riverside County, together "Preserves":
o S015 Roripaugh Ranch, owned by City of Temecula
o S028 Skunk Hollow, owned by CNLM
CNLM has the legal authority to enter into this Agreement as the holder of fee title and manager or perpetual manager for the Preserves (Manager). The purpose of these Preserves is conservation of their resident sensitive and listed species and their habitats in perpetuity.

C. The Preserves are a desirable part of this research because they are located within the species range of SKR and their inclusion in this regional study will aid in determining SKR population status and trends, distribution, and occupation.

D. The RCHCA is a is a Joint Powers Authority comprised of the County of Riverside and the cities of Corona, Hemet, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Perris, Riverside, Temecula and Wildomar; its mission is to effectively manage conserved and open space lands in Riverside County.

F. RCHCA proposes to conduct Research on the Preserves as further described in Exhibit A, attached hereto.

TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, Landowners, CNLM, and RCHCA hereby agree as follows:

1. Purpose. The purpose of this Agreement is to define the terms and conditions RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

under which RCHCA will be granted site access to the Preserves for conducting the Research, as described in Exhibit A, attached. CNLM, as the Manager, will not unreasonably refuse to cooperate or to allow RCHCA to conduct the intended Research.

2. Term. This Agreement shall be in effect from October 1, 2022 through November 30, 2023.

3. Fee. Neither Landowner is imposing any financial requirements on RCHCA.

4. Notice. Prior to any entry onto the Preserves, RCHCA shall give CNLM reasonable notice, at a minimum of seven (7) days or as provided otherwise in Exhibit C, of its intention to enter one of the Preserves. Unless otherwise provided herein, such notice shall be to the Preserve Manager. Alternatively, Preserve Manager and RCHCA may agree in advance to an access schedule to the Preserves and to a means of notifying and coordinating with, as needed, the individual Landowners.

5. Access. Access onto the Preserves shall be limited to individuals, equipment, and materials, the presence of which on the Preserves is necessary in order to conduct the Research. This Agreement does not grant RCHCA the right to undertake any activity on the Preserves which will in any way interfere with activities being conducted on the Preserves by CNLM or at its direction. Special access conditions, if any, are detailed in Exhibit C, attached.

6. Acknowledgements and Research Reports/Publications. RCHCA agrees to formally acknowledge Landowner contributions to Research, including the use of the Preserves, any intellectual contributions by CNLM employees and/or City, and other CNLM or City assistance, in any reports or publications that arise from Research.

RCHCA further agrees to provide CNLM, in a timely fashion, a copy of RCHCA's publications and electronic data published as a result of the Research, including any thesis or dissertation derived from said Research. RCHCA shall submit publications and/or electronic data published as a result of the Research relating to the Landowners' property to the individual Landowners upon request.

7. Special Provisions and Conditions. Special provisions and conditions, if any, imposed upon and agreed to by RCHCA, are described in Exhibit D, attached.

8. Non -Interference. RCHCA shall use its best efforts to avoid interfering in any way with the activities being conducted on the Preserves by CNLM or City. RCHCA shall immediately halt any and all activities on the Preserve at the request of CNLM or City if CNLM or City determines that any activity is (a) being conducted in violation of this Agreement, (b) inconsistent with or not covered by this Agreement, or (c) likely to negatively impact the native species, habitat, or environmental values of the Preserves as determined by CNLM or City.

9. Conduct of Activities. RCHCA will conduct Research in compliance with all Federal, state, and local laws, ordinances, and orders including, without limitation, any RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

permit, notice, approval requirements, or deed restrictions.

10. Habitat Protection and Damage. RCHCA agrees that (a) it is responsible for any and all damage or destruction it causes to the Preserves, Preserves' species and habitat, and/or Landowners' property (including fences, gates, signage, roads, and trails); (b) no trash or discarded material will be left on the Preserves at any time by the RCHCA; (c) no exotic or non -local native species will be introduced into the Preserves; and (d) all equipment, stakes, temporary fences, enclosures, and similar materials will be completely removed from the Preserves at the conclusion of each research period/season and the Research.

11. Responsibility and Accountability.
a. RCHCA shall have full and sole responsibility for the safety of any of its agents, and contractors, and for the operation, safety, security, and proper handling of all equipment and materials brought on or about the Preserves. RCHCA shall hold harmless, indemnify, and defend the Landowners and their directors, officers, employees, agents, and invitees (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgment, including without limitation, reasonable attorneys' fees (collectively "Claims"), arising from or in any way connected with this Agreement including, without limitation, Claims for injury to or the death of any person, or physical damages to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Preserves, but only in proportion to and to the extent that such Claims arise from the negligent or intentional acts or omissions of RCHCA, its officers, agents, contractors or employees.
b. RCHCA agrees that all individuals participating in Research on the Preserves will be under its direct supervision and are subject to the terms and conditions of this Agreement.

C. RCHCA shall maintain a copy of this Agreement and other supporting authorizations and permits on its person at all times while on the Preserves and shall present same to CNLM employees or agents, Landowners (if different), and other authorities (including law enforcement and resource agency officials), when requested.

RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

12. Notices. All notices to be given under this Agreement shall be in writing and addressed to the recipients as set forth below:

Center for Natural Lands Management
27258 Via Industria, Suite B
Temecula, CA 92590
Attn: Executive Director
Telephone: (760) 731-7790
Director of Conservation Science and
Stewardship
Center for Natural Lands Management
27258 Via Industria, Suite B
Temecula, CA 92590
Telephone: (510) 799-7701
Email: [email protected]
Brian Shomo
RCHCA Director
Riverside County Habitat Conservation
Agency
3390 University Ave., Suite 200
Riverside, CA 92501-3609
Telephone: (951) 840-8070
Email: [email protected]
City Manager
City of Temecula
41000 Main Street
Temecula, CA 92590
All notices shall be deemed effectively given: (a) when delivered, if delivered personally or by couriered mail service (such as, for example only, Federal Express or DHL); (b) five (5) days after such notice has been deposited in the United States mail postage prepaid, if mailed certified or registered U.S. mail, return receipt requested; or (c) when received by the party for which notice is intended if given in any other manner.

In an emergency, contact all other parties immediately.

13. General Provisions.
a. Applicable Law. The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed and interpreted in accordance with the laws of the State of California. b. Nonwaiver. No provision of this Agreement shall be waived, by conduct or otherwise, except in writing signed by both parties. No assent or waiver whether expressed or implied, of any breach of any one or more of the covenants, conditions, or provisions set forth in this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, condition, or provision hereof.

C. Severability. If any provision of this Agreement shall be adjudged invalid by any court, the remaining provisions of this Agreement shall remain valid and RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

enforced to the full extent permitted by law.
d. Authority. The individuals signing this Agreement represent that they are authorized to execute this document, that their execution of this document shall be binding on the parties that they represent, and that the other parties hereto may rely upon such representation.
e. Integrated Agreement. This Agreement, including all Exhibits attached hereto, contains the entire understanding and agreement between the parties, sets forth all the rights and duties of the parties with respect to the subject matter hereof, and replaces and supersedes all previous agreements or understandings, whether written or oral, relating thereto. No modification of this Agreement or any of its terms shall be effective unless in writing and signed by the duly authorized representatives of the parties.
f. Cancellation. All parties individually reserve the right to terminate this Agreement as it relates to them, in whole or in part, with thirty (30) days prior written notice if it determines it to be in the best interest of such party. g. Counterparts. The parties may execute this instrument in counterparts, which shall, in the aggregate, be signed by CNLM and RCHCA; each counterpart shall be deemed an original instrument as against any party who signed it.

The terms and conditions incorporated herein are a material part of this Agreement. The parties have read and fully understand each and all of the terms and conditions set forth above.

RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.

Center for Natural Lands Management Riverside County Habitat Conservation Agency
Deborah L. Rogers, PhD Brian Shomo
Director of Conservation Science and RCHCA Director
Stewardship
Date: October 11, 2022 Date: , 2022
City of Temecula, a municipal
corporation
Matt Rahn
Mayor
Date: . 2022
RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

Exhibit A
Description of Proposed Research
SKR Rangewide Monitoring Request
Brian Shomo, RCHCA Director
3390 University Ave., Ste.# 200
Riverside, CA 92501
[email protected]
951-840-8070

2. Title of Research: Stephen's Kangaroo Rat Rangewide Monitoring

3. Project Duration: September 2022 — November 2022.
a. The RCHCA anticipates trapping during the new moon lunar cycle to avoid brightly lit nights in order to increase SKR capture probability. Specifically trapping would take place for 3 days during the period of 1 week before or 1 week after the new moon during each of the months listed above on each location requested.

4. Research Project Summary:

In February 2022, the United States Fish and Wildlife Service (USFWS) downlisted the Stephens' kangaroo rat (SKR) from federally endangered to threatened. In order to fully recover the species a coalition of stakeholders consisting of the Bureau of Land Management, Riverside County Habitat Conservation Agency, Conservation Biology Institute, and U.S. Fish and Wildlife Service in consultation with land managers, researchers, and land owners developed a SKR Rangewide Management and Monitoring Plan. This plan, once fully implemented, will improve and ultimately assist in the long term recovery of SKR populations by unifying sub -regional efforts in a consistent approach towards habitat management and monitoring throughout the range.

Specific goals for this effort are:

To integrate existing SKR management plans and monitoring protocols into a cohesive regional strategy by:
o Recognizing and accommodating existing plans and efforts (i.e HCPs, INRMPs);
o Incorporating emerging science and modeling;
o Aligning current monitoring efforts into a standardized, range -wide protocol;
Identify and prioritize habitat management options for improving population resilience and connectivity.

RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

In order to effectively determine the SKR population status and trends, the USFWS requires an understanding of the species distribution and occupation. To accomplish this the RCHCA is attempting to monitor 100 sampling plots throughout the range of SKR, of which 10-15 sampling locations are requested to be placed on Center for Natural Lands Management (CNLM) Preserves throughout Western Riverside County.

If permitted, the RCHCA would send 6 biologists (3 teams of 2) and up to 4 field technicians to sample the requisite sites on CNLM lands. The survey would take place over 3 days in either September or October 2022. The first day, a group of technicians / biologists would set up the monitoring sites and perform basic habitat assessments by walking the site and looking for SKR sign (scat, tail drags, dust bathing, burrows, etc.).

If SKR sign is observed, the biologists / techs will set up a sampling plot consisting of 25 traps spaced in 5 rows of 5 traps with 10m between traps and rows. Traps consist of small 12" long Sherman style traps suitable for capturing kangaroo rats. Each trap location will be marked with a bright colored pin flag and baited but not opened. The 2nd day a technician will arrive before dusk to bait and open the traps. Then around midnight, 3 teams of 2 biologists will arrive to check the traps and again around 4 hours later, closing them just before dawn. The same process will occur on the 3rd day / night routine with the exception that the traps and flags will be collected at the final trap check just before dawn on the 3rd night. All survey personnel will be using white pickups with gov't plates and marked with the RCHCA logo. Vehicles will remain at all times on existing roads.

5. Project Methodology
a. See attached pdf for detailed methodology

6. Project Locations
a. See attached pdf for potential grid locations. Specific grids will be randomly selected from the pool of potential grids after input is gathered from Reserve Managers.

RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

Roripaugh Preserve
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Access Special Conditions
RCHCA is required to contact CNLM's Preserve Manager, as appropriate for each preserve, in advance of entering the Preserves. Access to each preserve must be coordinated with CNLM, and Researcher must be accompanied by the Preserve Manager, unless otherwise directed by CNLM. There may be additional conditions required by the Landowners (e.g., additional documentation or signatures). The Preserves contain sensitive habitats and listed species.

CNLM Preserve Manager
Kim Klementowski (she/her)
Phone: (951) 226-7228
Email: [email protected]
A. Given concerns related to plant pathogens (e.g., Fusarium. Brachygibbosum), snake fungal disease (Ophidiomyces ophidiicola), and rabbit hemorrhagic disease virus serotype-2 (RHDV2)—the latter two have been detected in multiple California counties to date —and that these and other viruses and fungal pathogens can be spread on equipment, clothing, vehicle tires, and shoes, it is required that RCHCA follow the more stringent of USGS, CDFW, or CNPS (cleaning and disinfecting) guidelines for minimizing the risk of vectoring viruses and fungal pathogens upon entering the Preserve.

B. All RCHCA staff and every other person working with that staff (assistants, volunteers, etc.) are required to sign a liability waiver (Exhibit D) prior to entering the Preserves.

C. All current State, County, and affiliated Institution's conditions and requirements pertaining to health and safety considerations regarding COVID-19 must be observed and practiced. Additional safety practices may be required at the discretion of the Preserve Manager.

D. Always mark vehicle with (RCHCA) affiliation, either with identification on dashboard or logo on vehicle.

E. No driving on the Preserves is allowed except on any existing roads, if any. The speed limit on the Preserves, if/where vehicles are allowed, is 15 mph. Preserve Manager will advise on acceptable driving locations and conditions.

F. Gates should be left in the condition in which they are encountered (open or closed/ locked or unlocked). Multiple entities may use certain gates; if more than one lock is on the gate ensure you restore it to the same configuration (e.g., daisy chain).

Preserve Manager will provide information on how to navigate any anticipated locked gates.

Special Provisions and Conditions
• SKR trapping will not be conducted when nightly low temps are forecast to be below 50 degrees (F), when sunset temps are above 90 degrees, or when inclement weather is forecast (rain, high wind, etc.). RCHCA will ensure that traps are empty and closed prior to sunrise to protect animals from heat exposure. • RCHCA is requested to provide training to any CNLM staff who request to accompany them during the SKR trapping, including verification of training events towards the potential permit application by CNLM staff
• All equipment associated that could possibly vector pathogens should be sterilized prior to entry onto the Preserves
• RCHCA is required to provide to CNLM any updates or changes to the collection protocol, as described in Exhibit A, prior to entering the Preserves or, if changed onsite in response to conditions, immediately after the site visit. • Any equipment associated with monitoring should be removed from the Preserves at the end of the (season's) monitoring period.
• As a courtesy, we request that RCHCA staff assist in removing garbage from the Preserves as reasonably possible, when the research site is visited. We also request that CNLM be notified immediately if there are trespassers or domestic animals observed on the Preserves.
• RCHCA shall provide to CNLM a copy of reports for each year that activities are undertaken on the Preserve. Including but not limited to copies of deliverables, survey results, and management recommendations relevant to CNLM preserves. • The following activities or conditions will beprohibited on the Preserves:

X Pets X Fires X Drones (otherwise known as UAVs, UASs) RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

W14:113111191C

RELEASE FORM
SITE ACCESS FOR RESEARCH AGREEMENT ON CNLM'S (S028) SKUNK HOLLOW AND (S015) RORIPAUGH RANCH PRESERVES
Dear
(PRINT COMPLETE NAME OF INDIVIDUAL SEEKING LIMITED SITE ACCESS) You have requested permission from the Center for Natural Lands Management (CNLM) and the City of Temecula (City) to enter upon the Preserves for the purpose of monitoring the Stephen's Kangaroo Rat. as more fully described in the 2022 Site Access for Research Agreement ("Agreement') among CNLM, City, and Riverside County Habitat Conservation Agency ("RCHCA").

In consideration of CNLM, its officers, directors, employees, and agents (collectively, "Released Parties") agreement to permit your participation in the foregoing activity on the Preserves at various times between execution date(s) of this Agreement and November 30, 2023, you agree to each of the following conditions:

1. You acknowledge that you are aware and have been informed that the Preserves may present risk to your safety. You agree to assume all risks involved in your visit to the Preserves. You agree to take all necessary precautions while on or about the Preserve to avoid injury to yourself or others. You also acknowledge that you are physically able to undertake the activities contemplated on the Preserves. You agree to follow the rules for the Preserves provided to you by CNLM, by RCHCA, and by City as may be required by the Agreement. You agree that although they may not choose to be present during your visit to the Preserves, neither CNLM nor any other Released Party shall have any obligation to you.

2. You hereby release each and all of the Released Parties from any and all liability, claims, causes of action, damage, loss, casualty, expense, or similar items, in law or in equity, whether known or unknown, that you may suffer or incur as a result of, or relating to, your visit(s) to the Preserves.

3. You hereby agree to indemnify, defend and hold each and all of the Released Parties, harmless in all respects from any and all claims causes of action, judgments costs, expenses, attorney's fees, and liabilities (collectively "Claims"), whatsoever, arising in any way in connection with your visit(s) to the Preserves, but only in proportion to and to the extent that such Claims arise from the negligent or intentional acts or omissions of RCHCA, its officers, agents, or employees.

4. You agree to accept any and all financial and legal responsibility for any fire fighting activities that are a direct result of your activities while on the Preserves.

Please indicate your agreement to the above by signing this letter.

Sincerely yours, CENTER FOR NATURAL LANDS MANAGEMENT
The above is hereby agreed to and confirmed this day of 20 PRINT NAME SIGNATURE:

Address:

Telephone:

RCHCA, CNLM, City of Temecula
Site Access for Research Agreement

Item No. 6

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 25, 2022
SUBJECT: Approve the License Agreement with Eastern Municipal Water District for Facilities Removal on Pujol Street
PREPARED BY: Anissa Sharp, Management Assistant
Ron Moreno, Principal Civil Engineer/City Surveyor
RECOMMENDATION: That the City Council approve the license agreement with Eastern Municipal Water District for removal of facilities on Pujol Street BACKGROUND: In 2020, Eastern Municipal Water District (EMWD) upgraded a force main on the west side of Old Town. As part of that project the aging force main was abandoned on Pujol Street. The affordable housing project known as the Vine Creek apartments (located at 28590 Pujol St, Temecula - APN 922-053-047) has progressed and the Civil Engineer recently reached out to EMWD for removal of the abandoned facility. The removal of said facility would allow for more efficient construction of the project including drainage facilities. EMWD has asked for the City to be a party to the license agreement since the force main is in the City right of way.

The agreement stipulates that EMWD has determined the facilities are no longer useful and must be destroyed in order for the project to proceed. If approved, the City will grant a permit to EMWD to conduct the work within the City right of way. The agreement shall terminate six months from the execution date.

FISCAL IMPACT: There is no fiscal impact associated with the approval of this agreement.

ATTACHMENTS: Agreement

EASTERN

MUNICIPAL
WATER
emwdD,,TR,CT

LICENSE AGREEMENT
(FACILITY DESTRUCTION)
This License Agreement ("Agreement"), dated for purposes of identification only as of , is entered by and between EASTERN MUNICIPAL WATER
DISTRICT, a public agency organized and existing under and by virtue of the Municipal Water District Law of 1911 ("Licensor") and CITY OF TEMECULA ("Licensee").

RrrITAI C
The following recitals are a substantive part of this Agreement:

A. Licensor is the owner of certain f a c i l i t i e s s h o w n i n SD 1755 drawing, attached hereto and incorporated herein, located in the City of Temecula, State of California (the "Facilities"); and
B. Licensee's project, located near APN 922-053-047 in the City of Temecula (the "Project") requires removal of the Facilities; and
C. Licensor has determined that the Facilities are no longer useful and must be destroyed in order for Licensee to proceed with its Project; and D. Licensee desires to destroy the Facilities pursuant to District, state and local guidelines ("Permitted Use").

E. Licensor desires to accommodate Licensee's desire to commence such Permitted Use by granting a license as provided herein.

NOW, THEREFORE, WITHOUT ANY DEMAND FOR MONETARY OR OTHER CONSIDERATION LICENSOR AND LICENSEE AGREE AS FOLLOWS:

1. Right to Demolish Facilities. Licensor hereby grants to Licensee, its agents, contractors, employees, representatives, consultants, successors and assigns a non-exclusive license demolish facilities described herein.

2. Term. The Agreement shall begin upon execution by Licensee and shall terminate six months from that date.

3. Facility Destruction. Prior to construction, Licensee shall prepare plans, specifications and project schedule that includes Licensor's Facilities. Licensor shall review and

approve such Licensee plans, specifications, and schedules which review and approval shall not be unreasonably withheld. Such plans and specification shall, at a minimum, include the means and methods of Facility abandonment.

Licensor staff shall inspect Licensee's activities in abandoning Licensor Facilities. Upon the completion of the destruction of the Facilities, Licensee shall promptly provide Licensor with notice and evidence of such Facility destruction.

4. Non-exclusive Agreement. This Agreement is a non-exclusive Agreement, and Licensor reserves the right to allow the Property to be used by other parties.

5. Liens, Construction Activity and Disposal. Licensee shall keep Licensor free from any liens or encumbrances which might arise out of conducting the Permitted Use. Licensee must promptly pay when due all costs and charges associated with its exercise of the rights granted in this Agreement and must take all steps necessary to avoid the filing of any mechanics liens against Licensor as a result of the conducting the Permitted Use. In the event any such lien is filed against Licensor, Licensee must cause the same to immediately paid, discharged, released and satisfied and/or bonded of record. Time is of the essence with respect to this obligation. The obligations as set forth in this section shall survive termination of this Agreement.

Licensee shall dispose of facilities appropriately in accordance with local and state rules and ordinances. Licensor makes no guarantee that the subject facilities are free from hazardous materials

6. Indemnification. To the fullest extent permitted by law, Licensee agrees to indemnify, immediately defend and hold harmless Licensor from and against any and all claims, losses, damages, defense costs, or liabilities, of any kind or nature (collectively referred to hereinafter as "Claims"), caused by, arising out of, or in any way related to the this Agreement, except for those Claims which arise out of the sole negligence or willful misconduct of Licensor.

The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not Licensee, Licensor, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.

7. Maintenance of Licensor Property. N/A

8. Governing Law. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in the City and County of Riverside.

9. Interpretation. This Agreement shall be interpreted as a whole and in accordance with its fair meaning and as if each party participated in its drafting. Captions are for reference only and are not to be used in construing meaning.

10. Amendments. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Licensee and Licensor.

11. Authority to Enter Agreement. Each of the persons executing this Agreement on behalf of themselves or a party hereto warrant that: (i) such party is duly organized and existing, (ii) the signer is duly authorized to execute and deliver the Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound, and (v) there is no litigation or legal proceeding that would prevent said party from entering into this Agreement.

12. Notices, Demands and Communications Between the Parties. Any notices, requests, demands, documents, approvals or disapprovals given or sent under this Agreement from one Party to another (collectively, "Notices") may be personally delivered, or deposited with the United States Postal Service for mailing, postage prepaid, to the address of the other party as stated in this Section, and shall be deemed to have been given or sent at the time of personal delivery or, if mailed, on the third day following the date of deposit in the course of transmission with the United States Postal Service. Notices shall be sent as follows:

If to Licensor: City of Temecula
41000 Main Street
Temecula, CA 92590
Attention: City Manager
If to Licensee: Eastern Municipal Water District
2270 Trumble Rd.

Perris, CA 92572
Attention: Real Property Manager

13. Attorneys' Fees. In the event of a dispute between the Parties with respect to the terms or conditions of this Agreement, the prevailing party shall be entitled to collect from the other its reasonable attorneys' fees as established by the judge or arbitrator presiding over such dispute.

14. Ambiguity. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both Parties had in fact drafted this Agreement.

15. Counterparts. This Agreement may be executed in any number of counterparts, all of which, taken together, shall constitute one and the same instrument, and any of the parties hereto may execute this Agreement by signing any such counterpart.

16. Assignment. This Agreement shall not be assigned by either party without a written agreement executed by Licensee and Licensor.

17. Severability. In case any one or more of the provisions contained in this Agreement will for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision hereof, this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein and, so far as is reasonable and possible, effect shall be given to the intent manifested by the portion or portions held to be invalid illegal or unenforceable.

18. Successors/Assigns. This Agreement shall be binding upon Licensor and its successors and assigns.

19. No Third Party Rights. The Parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein.

20. Integration. This Agreement constitutes the entire agreement between Licensor and Licensee relating to this Agreement. Any prior Agreements, agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect.

21. Legal Advice. Each Party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matter set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.

Dated:

IN
Dated:

"LICENSEE"

CITY OF TEMECULA
Matt Rahn, Mayor

CITY OF TEMECULA
ATTEST:

Randi Johl, City Clerk

CITY OF TEMECULA
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
"LICENSOR"

EASTERN MUNICIPAL WATER DISTRICT,
a public agency organized and existing under
and by virtue of the Municipal District Law of 1911
Shaun Stone
Sr. Director of Engineering

,AM
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Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: October 25, 2022
SUBJECT: Approve First Amendment to the Non -Exclusive Commodity Agreement with SWARCO McCain, Inc.

PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant
RECOMMENDATION: That the City Council approve the first amendment to the agreement with SWARCO McCain, Inc., in the amount of $500,000, and extend the terms of the agreement to June 30, 2025, for the purchase of traffic signal equipment maintenance supplies for operations and maintenance, and to support the City's Capital Improvement Program Project, Traffic Signal Equipment Enhancement Program -Citywide.

BACKGROUND: On July 1, 2022, the Director of Public Works executed an Agreement with McCain, Inc., for the purchase of traffic signal equipment maintenance supplies, including service cabinets, safety street lighting, light emitting diodes (LED) traffic signal indicators and various equipment to continue operations and maintenance of our traffic signals throughout the city, and in support of our ongoing Traffic Signal Equipment Enhancement Program — Citywide, as identified in the Capital Improvement Program Fiscal Years 2020-24.

McCain, Inc., has been the City's sole supplier of traffic signal hardware and software for the past several years and is the only Southern California supplier/distributor/technical supporter of the traffic signal control system that is currently used by the City.

In an effort to provide for the ongoing operations and maintenance needs, and to continue the installation of network upgrades to hardware components and software, staff recommends to approve the First Amendment to extend the terms of the Agreement, and increase the Agreement in the amount of $400,000, for a total Agreement of $500,000.

FISCAL IMPACT: Adequate funds are available in Department of Public Works, Traffic Engineering Division's Annual Operating Budget Fiscal Year 2022-23, and Capital Improvement Program Fiscal Years 2020-2024.

ATTACHMENTS: First Amendment

FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND MCCAIN, INC.

TRAFFIC SIGNAL EQUIPMENT
THIS FIRST AMENDMENT is made and entered into as of October 25, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and SWARCO McCain, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On July 1, 2022, the City and Contractor entered into that certain Agreement entitled "Non -Exclusive Commodity Agreement for Traffic Signal Equipment," in the amount of $100,000.
b. The parties now desire to extend the term of the agreement to June 30, 2025, increase the payment in the amount of $400,000; and, C. All sections of the Agreement, and any prior Amendments that refer to the Contractor as "McCain, Inc.", shall be changed to "SWARCO McCain, Inc.", pursuant to the name change of said company effective August 16, 2022, and to amend the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows.

This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2025 unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void.

The FIRST Amendment amount shall not exceed Four Hundred Thousand Dollars ($400,000), for additional traffic signal equipment for a total Agreement amount of Five Hundred
Thousand Dollars ($500,000).

4. The Consultant shall furnish certificates of insurance and an IRS W-9 form pursuant to the terms and conditions set forth in the Agreement, and any prior Amendments pursuant to the name and ownership change of said company. Letter informing Company Name Change and Ownership is set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Rand! Johl, City Clerk
APPROVED AS TO FORM:

By:

SWARCO MCCAIN, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: -�r�� Ol`26•�-
Renata Roles, Director of Accounting
By: C7 ZlP `L`Z
Jo Ann Mills, Vice President of Human
Resources
Peter M. Thorson, City Attorney CONTRACTOR
McCain, Inc.

Attn: Jennifer Phelan
2365 Oak Ridge Way
Vista, CA 92081
(760) 734-5000
[email protected]
City Purchasing Mgr.

Initials ar
Date:
08/09/2021

11= The Better Way, Leery Day 411
August If, 2022
Subject: SWARCO McCain, Inc, r Official Name Change
Dear Customers,
Effective August 16, 2022, the company has been renamed SWARCO McCain, Inc. The change will be in name only and will not impact our organizational structure, valued team members, physical address, telephone numbers, banking information, tax ID number or quality products, software, and solutions_ Our Tijuana, Mexico based manufacturing subsidiary will not be impacted either and will maintain its current legal name.

The SWARCO brand will be found across the organization. Our employees will be issued a new email address that incorporates their full firstname_iostname r7rswarco.com. The McCain logo will be replaced with the SWARCO brand on all stationery, including letterhead, envelopes, and business cards. New invoices will have the SWARCO logo and the remit to address will convey SWARCO McCain, Inc_ Our website, product sheets, presentations, tradeshow booths, and giveaways will incorporate the SWARCO logo and corporate design look and feel. All our trucks, service vehicles, and Vista office signs will proudly display the new global brand_ We will also be introducing and communicating SWARCO's core values of agility, reliability & trust, passion, innovation, and cooperation.

Because we already have so many qualified and certified products across the country, we will maintain the A1cCain brand on all our legacy products, and only introduce the SWARCO logo when qualifying new products or new DOTS for the first time.

Should you have any questions, please don't hesitate to reach out to any of our team members or simply call (760) 721-8100 and we will gladly help connect you with the right person. www.swai co.comlmccain
SWARCC McCain, inc, 2365 Ciak Ra9ge'Way, Vista, CA 92081 T -760-727-8100. E info us@swarco com
3 08/09/2021

The Letter Way Every Day 411111
On behalf of SWARCO ownership, Executive Board, and the SWARCO McCain, Inc. management team, I would like to take this opportunity to thank our valued customers, employees, vendors, and strategic partners for your continued support and sharing this milestone in our common journey towards finding "The Better W,ty, Every Day_" Sincerely,
ZCarl McCollum
Vice President
SWARCO McCain, Inc-
4 08/09/2021

Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 25, 2022
SUBJECT: Accept Improvements and File the Notice of Completion for the Pedestrian Signal Equipment Upgrade - Citywide, PW19-10
PREPARED BY: Nick Minicilli, Senior Civil Engineer
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council:

1. Accept the Improvements for the Pedestrian Signal Equipment Upgrade - Citywide, PW 19-10, as complete; and

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

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

BACKGROUND: On March 23, 2021, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-83, approved the plans and specifications and authorized the Department of Public Works to solicit bids for the Pedestrian Signal Equipment Upgrade - Citywide Project, PW19-10.

The Pedestrian Signal Equipment Upgrade - Citywide Project installed pedestrian countdown signal heads, ADA compliant pedestrian pushbuttons, and upgraded traffic signal controllers to improve safety and operations at signalized intersections citywide including the Butterfield Stage Road, Redhawk Parkway, Pechanga Parkway, Rancho California Road, Temecula Parkway, and Ynez Road corridors.

Baker Electric, Inc. has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from July 18, 2022, the date the City obtained "beneficial use" of the Project. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107.

The original and final contract amount is $773,060. There were no change orders on the project.

FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing 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:

1. 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 Baker Electric, Inc., 1298 Pacific Oaks Place, Escondido, CA 92029 to perform the following work of improvement:

PEDESTRIAN SIGNAL EQUIPMENT UPGRADE - CITYWIDE
Project No. PW19-10
FEDERAL PROJECT NO. HSIPL-5459(029)

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 October 25, 2022. That upon said contract the Fidelity and Deposit Company of Maryland 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:

PEDESTRIAN SIGNAL EQUIPMENT UPGRADE - CITYWIDE
Project No. PW19-10
FEDERAL PROJECT NO. HSIPL-5459(029)

6. The location of said property is: Various signalized intersections citywide, Temecula, California.

Dated at Temecula, California, this October 25, 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 October 25, 2022.

City of Temecula
Randi Johl, City Clerk

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 9377597 Premium included in Performance Bond

MAINTENANCE BOND
for

PEDESTRIAN SIGNAL EQUIPMENT UPGRADE- CITYWIDE
PROJECT NO. PW19-10
FEDERAL PROJECT NO. HSIPL-5459(029)

KNOW ALL PERSONS BY THESE PRESENT THAT
Baker Electric & Renewables LLC 1298 Pacific Oaks Place Escondido, CA 92029

NAME AND ADDRESS OF CONTRACTOR
a Corporation (hereinafter called "Principal'), and
(fill in whether a Corporation, Partnership, or Individual) Fidelity and Deposit Company of Ma land,1299 Zurich Way, 5th Floor, Schaumburg, IL 60196-1056

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 Seve Seven Thousand Three Hundred Six DOLLARS AND No CENTS ($ 77 oouo ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 23rd day of November , 2021 a copy of which is hereto attached and made a part hereof for the construction of PEDESTRIAN SIGNAL EQUIPMENT UPGRADE- CITYWIDE, PROJECT NO. PW19-10, FEDERAL PROJECT NO. HSIPL-5459(029).

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 18th day of July , 20 22 .

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 7th day of September , 20 22
(Seal)
SURETY: F' lity and Deposit Company of Maryland
By:

La e F. McMahon
(Name)
Attorney -in -Fact
(Title)
PRINCIPAL: Baker Electric & Renewables LLC
Ted N. Baker
(Name)
President
(Title)
By:

APPROVED AS TO FORM: Brian Miliate
(Name)
Chief Financial Officer
Peter M. Thorson, City Attorney (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.

� a.,, n 3-'n5;-:,aic�J �: "" .:3'+:: d� ' :.�s�?•,' •,ti .s n�. _ ';3:�= 3�'Uc:

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 M ` l
County of Son 1f 1eyrl J}
On vl' "1 before me,
Date
personally appeared
Pon" Abbe
Here InseytName and TitW
e Officer
C� I --
Name(s) of igner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
JESSlCAGETCHEL laws of the State of California that the foregoing Notary Public - California
San Diego County paragraph is true and correct.

I Commission # 2318319 F
��• •N`' Ay Comm. Expires Jan 9, 2024 WITNESS my hand and official seal Signature r a-cui-
Placeg Notary Seal and/or Stamp Above Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

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

Signer is Representing:

Number of Pages:

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

Signer is Representing:
'b 3=� s."'.3: a::; - ti^"•ir•,o•;. ' c•�ss� y�"°i3yz'S:rd W�3� s' sa -3 a ;eau-:�s9's a •. 7� �''til•a ,�_sy h^:;x .-'.r 5-'_r y h
02018•nal Notary Association

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

State of California
County of San Diego
On September 7, 2022 before me, Maria Hallmark, Notary Public (insert name and title of the officer)
personally appeared Lawrence F. McMahon
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
(Seal)
*my

MARIAHALLMARK
Notary Public • California
San Diego County �Commission # 2356793
Comm. Expires May 9, 2025

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

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

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

IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 126' day of July, A.D. 2021. �a otra+�
m
ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 12th day of July, A.D. 2021, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.

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

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. etI ft�;ry�.
. �?:' t::rY •
mill,`�
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
Authenticity of this bond can be contirtned at bondvalidator.zurichna.com or 410-559-8790

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

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

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

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

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

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 7th day of September , 2022.

So otio �
esiw
By: Brian M. Hodges
Vice President

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

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

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.rgportsfclaims&zurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790

2021-320

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for

PEDESTRIAN SIGNAL EQUIPMENT UPGRADE- CITYWIDE
PROJECT NO. PW19-10
FEDERAL PROJECT NO. HSIPL-5459(029)
This is to certify that Baker Electric
(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 PEDESTRIAN SIGNAL EQUIPMENT UPGRADE- CITYWIDE, PROJECT NO. PW19-10, FEDERAL PROJECT NO. HSIPL-5459(029) situated in the City of Temecula, State of California, more particularly described as follows:

Various signalized intersection citywide

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.

CONTRACTOR:

Dated: 09/02/2022 By: Z�)a4z,-
Signature
Dara Hetzel, AR Specialist
Print Name and Title

Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 25, 2022
SUBJECT: Reject All Construction Bids Received for the I-15 / French Valley Parkway Improvements — Phase II, PW 16-01, and Authorize the Construction Contract to be Rebid
PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council:

1. Reject all construction bids received for the I-15 / French Valley Parkway Improvements — Phase II, P W 16-01; and

2. Authorize the Department of Public Works to re -advertise construction contract for the I-15 / French Valley Parkway Improvements — Phase II, PW 16-01.

BACKGROUND: On July 26, 2022, the City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the I-15 / French Valley Parkway Improvements — Phase II, PW16-01 (Project).

The construction contract was publicly advertised between August 29, 2022 and October 6, 2022.

Five (5) bids were received and publicly opened on Thursday, October 6, 2022. On October 14, 2022, the City received a letter with subject "Notice of Protest that Any Award of Bid Solicitation would be Illegal" from counsel representing MCM Construction, Inc.

Staff recommends that all bids be rejected, and that the construction contract be re -bid after careful analysis of the project Notice Inviting Bids, in particular the wording which defines the deadline for submittal of bids.

FISCAL IMPACT: There is no fiscal impact to rejecting all bids.

ATTACHMENTS: Letter from Murphy Auston Attorneys, dated October 14, 2022

MurphAustin
D. MICHAEL SCHOENFELD
DIRECT: (916) 329-3089
[email protected]
October 14, 2022

VIA E-MAIL AND FIRST CLASS MAIL ONLY
B. Tilden Kim
Richards Watson Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
Email: [email protected]
Re: Notice of Protest and Notice that Any Award of Bid Solicitation would be Illegal Dear Mr. Kim:

This letter is being sent to you in your capacity as the outside City Attorney for the City of Temecula relating to public works projects. Our client, MCM Construction, Inc. ("MCM"), is concurrently receiving this letter and its attachments as well, and MCM will be sharing them with your client's Public Works department to ensure that the City of Temecula receives this content as soon as possible. I personally request that you direct your response on behalf of the City of Temecula to my personal attention via email, but if you wish to speak you can reach me on my cell phone at 916-320-4868. I have already sent you two emails alerting you to this matter earlier today and inviting you to reply but have not received any reply. As to the substance I share the following:

On behalf of MCM, this letter is sent to advise the City of Temecula ("City") that because the actual bid day conduct implemented by the City was materially flawed, resulting in several bidders being denied their due process and other rights to submit timely bids to the City, the procurement process used by the City for the below -referenced project was in violation of the City's own published rules and the competitive bidding laws of the State of California, and rendered the bidding process illegal. Any award of the proposed contract by the City, and any performance thereof by an awardee, would be illegal, result in a void contract, and trigger litigation. The City is therefore requested to reject all bids received, and re -advertise the solicitation of new bids to avoid any of these consequences. The details supporting these assertions and legal outcomes are set forth below and in the attachments to this letter.

MCM was a plan holder for the project known as I — 15 / French Valley Parkway Improvements — Phase II (Project No. PW16-01) (the "Project") which was the subject of an invitation for bids published by the City of Temecula ("City") for bids to be received `up to' 10:00 a.m. on Thursday, October 6, 2022. (The use of the bold lettering in the prior sentence is intentional as it is the key verbiage which triggers this letter.) Murphy Austin Adams Schoenfeld LLP // 555 Capitol Mall, Suite 850, Sacramento, CA 95814 P: 916.446.2300 F: 916.503.4000 // www.murphyaustin.com 1280.003-7860090.3

B. Tilden Kim
October 14, 2022

As detailed below, the City impermissibly refused to receive through the mandatory electronic bidding process tendered bids by MCM and other bidders on October 61h when the clock was at 10:00 a.m. because the software system and bid agent used by the City elected to refuse tendered bids after 9:59:59 a.m. and this was improper. The call for bids, documented below, expressly represented that bids could be received `up to 10:00 A.M.' and by law, as well as the common use of the English language, the use of the phrase `up to 10:00 A.M.' means `up to 10:00 A.M. plus 59 seconds'.

Because the City refused to accept bids sought to be submitted after 9:59:59 a.m., the City failed to follow its own bidding rules and tainted its own bidding process rendering the bidding process subject to this notice of legal challenge. The only viable option for the City to address this misconduct is the rejection of all bids.

We have been made aware of the following irregularities relating to the bidding process:
three (3) separate, independent general contractors which each sought to follow the published bid submission rules were denied the opportunity to timely do so. As noted in the attached exhibits, each of these three bidders (all of which are very experienced bidding contractors) tried to submit their bids when the clock read 10:00 a.m. on bid day and each were improperly and illegally denied the right to submit a timely bid in accordance with the published call for bids.

Attached to this letter are three declarations under penalty of perjury, labeled Exhibits 1, 2 and 3, each of which are signed by the lead persons, respectively, at MCM, the Walsh Group and Security Paving who were in charge of submitting their company's respective bids for this Project. Each of them detail the same independent experience: that the bidding software used by the City denied each of them the ability to submit their timely bids as the software used (and/or the personnel using the same) improperly and impermissibly closed off the bidding process before 10:00:59 a.m.

In addition, attached as Exhibit 4 is a copy of a written decision issued by a California Court of Appeal on virtually identical facts in the 2003 case known as Solpac, Inc. v. City of Fresno. You are urged to please carefully review the attached decision because the City of Temecula's conduct on this project, failing to accept bids which were sought to be timely tendered, mirrors the conduct of the City of Fresno in the attached decision which the Court of Appeal determined was improper and illegal. As detailed in the attached decision, the resulting contract award and issuance was held to be illegal.

To place all of this in context, the following facts related to the City of Temecula's bid solicitation are substantiated:
• Attached as Exhibit 5 to this letter is the City's Notice Inviting Bids for this Project.

MURPHY AUSTIN ADAMS SCHOENFELD LLP 1280.003-7860090.3

B. Tilden Kim
October 14, 2022

• The Invitation for Bids states, in its first sentence, the following:
"NOTICE IS HEREBY GIVEN that the City of Temecula, Riverside County, California, will receive ELECTRONIC BIDS ONLY up to 10:00 A.M., on Thursday, the 6` of October, 2022." (Emphasis in original.) • The Invitation for Bids later provides in the first sentence of its second paragraph the following:
"Bids must be submitted electronically via the on-line bidding service PlanetBids." • MCM, Security Paving and Walsh Group were each plan holders for the Project and had each logged on to submit a bid for the Project using the online bidding service of PlanetBids.
• When the clock used by PlanetBids to receive bids for the Project turned to 10:00 am on October 6, 2022, the planned bids to be submitted by MCM, Security Paving and Walsh Group had not yet been received by PlanetBids' software. • As documented in the attached declarations from MCM, Walsh Group and Security Paving, each of these entities, using a precise bid clock, were registered online using the required bidding software system. Both Walsh Group and Security Paving pushed `send' on their respective computers to submit their bids for the Project, independent of and from each other at 10:00 a.m. on October 6, 2022 but their bids were not accepted. As to MCM, it received a message that it could not send its bid because the time to do so was closed even though the clock read 10:00. • Each of MCM, Walsh Group and Security Paving received a computer -generated message indicating that their bids were not timely submitted (or denied the right to submit) but each of them attempted to submit their respective bids before the clock turned to 10:01 a.m. and thus timely sought to submit bids "up to 10:00 A.M." as required by the call for bids published by the City.
• The call forbids used the wording "up to 10:00 A.M." as contrasted with "before 10:00 A.M." or "no later than 9:59:59 A.M.".
• As set forth in the attached decision of the California Court of Appeal, the use of the term `up to 10:00 A.M.' by the City of Temecula is the equivalent of what the City of Fresno's invitation stated. Fresno's bid call asked for bids `no later than 3:00 p.m.' which is the same as `by 10:00 A.M.' which means prior to 10:01 a.m.

MURPHY AUSTIN ADAMS SCHOENFELD LLP 1280.003-7860090.3

B. Tilden Kim
October 14, 2022

• Applying the same logic and proper use of the English language as evaluated and commented upon by the Solpac court, the only plausible conclusion and realistic interpretation of the City of Temecula's bid call is that every bid received up to 10:00:59 a.m. using the PlanetBids software system, would be a timely submitted bid on October 6, 2022.
• Following the bidding process, MCM's Vice President, Harry McGovern, has attempted to have the City realize its mistaken conduct and throw out the bids and re- bid the Project. The email exchanges between Mr. McGovern and Mr. Odviar of the City are attached as Exhibit 6 to this letter. The email chain details that MCM's attempt to submit its bid at 10:00 a.m. was rejected as being too late. MCM's position has been, and remains, that such a refusal to receive the MCM bid was improper and in violation of the bidding rules and the call for bids, and it violates the competitive bidding laws and rules that the City is required to follow. • The declaration of Ron Burch, the lead estimator for MCM, submitted as Exhibit 1, affirms, under oath, that MCM's bid was completed and was sought to be submitted to the City, using the PlanetBids website and software, at 10:00 a.m. on October 6, 2022, and thus prior to the clock turning 10:01 a.m. It was not allowed to be received even though the clock had not yet reached 10:01 a.m.
• The declarations from the Walsh Group and Security Paving submitted as Exhibits 2 and 3 affirm that the bids prepared by them experienced the same challenges and improper rejections.
• Mr. Odviar's email dated October 12, 2022, at 7:46 a.m., included in Exhibit 6, incorporates a report from the bidding agent PlanetBids. The content confirms that PlanetBid impermissibly denied the opportunity for a bidder to submit a timely bid prior to 10:01 a.m., as it provides:
"The bid closed exactly at 10:00 a.m. PDT."
This confirms that the software was programmed to deny the receipt of bids between 10:00:01 and 10:00:59 impermissibly.
• Within Exhibit 6, Mr. McGovern, on October 12, 2022 at 2:11 p.m., wrote: "Our contention is that we were closed out right at 10:00 from submitting the bid at 10:00 and 15 seconds and, according to Caltrans, anything before 10:01 is 10:00 so we are saying that Planet Bids closed us out too early!
MURPHY AUSTIN ADAMS SCHOENFELD LLP 1280.003-7860090.3

B. Tilden Kim
October 14, 2022

Please consider throwing out all bids and rebidding in order to receive bids from all Contractors interested in bidding in order for the City to realize the lowest price available for the project."
• In response, Mr. Odviar's email to Mr. McGovern on October 12, 2022, at 6:05 p.m. (also part of Exhibit 6) confirms that the bidding process used by PlanetBids impermissibly cut off the receipt of bids after 9:59:59 a.m. on October 6, 2022.

Mr. Odviar wrote:
"It is peculiar that two of the larger bidding sites (Caltrans and PlanetBids) would implement slightly different cut-off times for the same stated deadline. And it is unfortunate that this one -minute differential interpretation affected MCM's, and others', ability to bid this project. However, after some 10+ years of use the City believes the PlanetBids system to be a solid and fair bidding system, including the cut-off time.

We do not intend to throw out all bids and rebid the contract as MCM has requested." California law governs this matter and California is very strict on requiring that public agencies, subject to the requirements of the competitive bidding laws, such as the City of Temecula, are bound to follow the law and further must follow their own published rules. The case ofPozar v. Department of Transportation (CalTrans) (1983) 145 Cal.App.3d 269 is crystal clear on this point. Because the term "up to 10:00 A.M." means at any time up to 10:00:59 a.m., and the City of Temecula admittedly cut of the receipt of bids at 60 seconds too early, the implementation of the City's bidding process was impermissibly flawed. The term "up to 10:00 A.M." used by the City of Temecula is neither ambiguous, unintelligible nor uncertain.

When this occurs the public agency is required by law to follow its own rules.

The City did not follow its own rules and impermissibly, using its agent PlanetBids, cut off the time the computer would accept bids sought to be submitted once the clock turned from 9:59:59 a.m. on October 6t' to 10:00 a.m. This conduct was improper and cut off bids 60 seconds before it should have, and resulted in at least three bids not being received which were sought to be timely submitted.

The Solpac court published in its decision (Exhibit 4) that when such an occurrence arises the outcome is clear: the resulting contract award was and is illegal and subject to legal challenge. When such conduct occurs and the eventual contract awarded is challenged, the bidder awarded an illegal contract will be required to pay back to the City 100% of all funds it is paid as the City, as a matter of law, cannot award an illegal contract. Placing any contractor in such a position is unreasonable and improper. See the long-standing decision from the California Supreme Court in Miller v. McKinnon (1942) 20 Cal.2d 83, which holds that contracts issued in excess of authority are void and illegal.

MURPHY AUSTIN ADAMS SCHOENFELD LLP 1280.003-7860090.3

B. Tilden Kim
October 14, 2022

While the decision in the Solpac case was issued after the underlying contract had been performed to such an extent that stopping it would have benefitted no one, that is not the circumstance presented in this procurement. No contract has been awarded, no work has been started and no illegal payments have been made.

The City is urged to avoid such an outcome and recognize that a very serious and unfortunate mistake was made. The City is further urged to rectify the error by tossing out all bids due to the mistakes made and avoid perpetuating the mistake and placing a contractor which is awarded the project in jeopardy of having the choose to perform an illegal contract and risk forfeiture of all payments received.

DMS/jc
Enclosures
cc: Harry McGovern
Ron Burch
Very truly yours,

MURPHY AU TIN ADAMS SCHOENFELD LLP
D. M EL SCHOENFELD
MURPHY AUSTIN ADAMS SCHOENFELD LLP 1280.003-7860090.3

EXHIBIT 1

Main Office
P.O. Box 620 / 6413 32nd St. Ste A / North Highlands / CA 95660 (916) 334-1221 Estimating / Engineering FAX (916) 334-5384 Accounting FAX (916) 334-8355
Southern California Regional Office
P.O. Box 1239 / 16249 Adelanto Rd. / Adelanto / CA 92301 (909) 875-0533 Engineering / Accounting FAX (909) 875-2243 Dated: October 14, 2022
Declaration of Ronald Burch
I, Ronald Burch, declare:

1. 1 am an individual over 18 years of age. I have personal knowledge of the following and if called to testify I could and would competently testify thereto.

2. 1 am employed by MCM Construction, Inc. ("MCM") in the capacity of Chief Estimator and have held such a position for 21 years. I report to business in the MCM main office located in North Highlands, California. My responsibilities in my employment include the management of bidding and bids which MCM elects to submit for prospective construction projects.

3. MCM determined that it was interested in the advertised project by the City of Temecula known as I —15 / French Valley Parkway Improvements — Phase II (Project No. PW16- 01) (the "Project") which was the subject of an invitation for bids published by the City of Temecula ("City") for bids to be received by 10:00 am on Thursday, October 6, 2022.

4. We obtained the invitation for bids, all addenda and all contract documents, registered to submit our bid electronically as required, submitted numerous bidder questions, and prepared our bid for submission.

5. On bid day, I, along with my staff, prepared the MCM bid for the Project in my office.

6. In order to ensure that we timely submit our bids for jobs we want to bid, we confirm our clock with the owner's clock.

7. The bid required a considerable number of additional hand generated (paper) informationtforms be prepared, scanned and submitted with the electronic bid items/price schedule.

8. As the clock turned exactly 10:00.00 am on October 6, 2022, the "Place ebid" button on the owner's PlanetBids website disappeared and the bid read "closed" thus not allowing MCM to submit our bid. I was ready, willing and able to timely submit MCM's bid but was denied the opportunity to do so as the bid submission opportunity was apparently closed 60 seconds earlier than it was advertised to be available to submit bids.

9. When I reviewed the Invitation for Bid I observed that it called for bids to be received 'up to 10:00 am'. A copy of the first page of the Invitation for Bids is attached to this declaration as Exhibit A.

10. In my 21 years of experience, bidding to well over a hundred different owners, including many Caltrans projects, I have always understood and learned that the words and phrase 'up to 10:00 am' means up to the designated time (in this case 10:00 am) plus 59 seconds. If the owner elected to stop its receipt of timely bids once the clock turned to 10:00 am and not up to 10:00:59, the owner needed to change the wording to read 'prior to 10:00 am' or'no later than 9:59:59'. Because the invitation for bids did not use the latter phrases I understood, consistent with the convention used by all other owners that I have experience with, that bids submitted up to 10:00:59 on this Project would be timely.

AN EQUAL OPPORTUNITY EMPLOYER / STATE CONTRACTORS LIC. NO. 286430

11. I personally believe that the bid of MCM would have been timely submitted and the failure of the City to accept our bid was improper.

I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed this 141 day of October, 2022 at North Highlands, California.

Ronald Burch

EXHIBIT A

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

NOTICE INVITING BIDS
for
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
PROJECT NO. PW16-01
FEDERAL PROJECT NO. INFRALUL-5459(031)
NOTICE IS HEREBY GIVEN that the City of Temecula, Riverside County, California, will receive ELECTRONIC BIDS ONLY up to 10:00 A.M., on Thursday, the 6th day of October, 2022. The City of Temecula utilizes PlanetBids as its online bid management provider and location for public bid openings. Bids will be opened and the results of submitted ELECTRONIC bids for the subject project will be immediately available to the public at the stated date and time on the City's PlanetBids portal at:
https://pbsystem.planetbids.com/portal/l4837/portal-home Bids must be submitted electronically via the on-line bidding service PlanetBids. To download bid documents and to submit an electronic bid, a bidder must be registered with the City of Temecula as vendor. To register as a vendor, go to the following link, then follow the "Register as a Vendor" link:
http://temeculaca.gov/314/Purchasing-Contract-Administration Documents must be uploaded in PDF (Portable Document Format). Hard copies submitted to the City, in lieu of electronic copies uploaded onto the system, will not be accepted as a viable bid. Electronic bids must be received no later than the date and time specified above.

It is the bidder's responsibility to ensure that their bid documents are properly uploaded onto the City's online bid management system. Bids that are missing pages, cannot be opened, etc., may be considered unresponsive. It is the bidder's sole responsibility to contact the City's online bid management provider (PlanetBids at 818-992-1771) to resolve any technical issues related to electronic bidding, including, but not limited to, registering as a vendor, updating passwords, updating profiles, uploading/downloading documents, submitting an electronic bid, etc.

2. All of said work is to be performed in accordance with Plans and Specifications entitled I- 15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE 11, PROJECT NO. PW16- 01, FEDERAL PROJECT NO. INFRALUL-5459(031). These documents can be downloaded from PlanetBids. The charge for downloading bid documents is $75.00.

3. The classification of Contractor's license required in the performance of this Contract is a Class A.

4. Pursuant to the provisions of Section 1773 of the Labor code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute the contract from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet web site at: http://www.dir.ca.gov .

The Federal wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the book issued for bidding purposes entitled "Plans, Specifications, and Contract Documents," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen.

EXHIBIT 2

Dated: October 14, 2022
Declaration of Jerrald Titus, Jr.

I, Jerrald Titus, Jr., declare:

1. I am in individual over 18 years of age. I have personal knowledge of the following and if called to testify I could and would competently testify thereto.

2. 1 am employed by Walsh Construction Company 11, LLC ("Walsh") in the capacity of Program Manager and have been employed by Walsh for 20 years. I report to business in the office located at 1260 Corona Pointe Court, Corona, California. Part of my responsibilities in my employment include the management of bidding and bids which Walsh elects to submit for prospective construction projects. As part of my day-to-day responsibilities in my job I supervise other Walsh employees tasked with assisting me in the preparation of our company bids.

3. Walsh determined that it was interested in the advertised project by the City of Temecula known as I — 15 / French Valley Parkway Improvements — Phase II (Project No. PW16-01) (the "Project") which was the subject of an invitation for bids published by the City of Temecula ("City") for bids to be received by 10:00 am on Thursday, October 6, 2022.

4. We obtained the Invitation for bids and all addenda, registered to submit our bid electronically as required, and prepared our bid for submission.

5. On bid day, my staff prepared the Walsh bid under my personal and direct supervision in our office. As the time neared 10:00 am Pacific Standard Time I was personally standing immediately behind Walsh employee, Maria Villegas, who was sitting at her desk and who was the person tasked to submit our bid electronically to the City.

6. In order to ensure that we timely submit our bids for jobs we want to bid, we implement a system that maintains an accurate bid clock that we carefully monitor.

On October 6th, this bidding clock was within my view and also I was able to observe in real time the computer screen being used by Ms. Villegas to finalize our bid for submission to the City for the Project.

7. Before the clock turned 10:00 am on October 6, 2022 1 directed Ms. Villegas to submit our bid by hitting `send'. I watched her do so. My direction was intended to submit the bid of Walsh to the City as a general contractor to the City for the Project.

8. Ms. Villegas did hit the `send' button but instead of receiving a confirmation that our bid was received we received banner on the screen indicating an error message that could not be deciphered. When Ms. Villegas pressed the button re -send our bid again, we received a second, banner indicating the bid was closed.

9. 1 found out that the City did not accept Walsh's bid when it published the bid results. 1260 Corona Pointe Ct, Ste 201, Corona, CA 92879 1 CSLB 982816 Phone:951.336.7040 Fax:951.336.7041 www.walshgroup.com An Equal Opportunity Employer

10. When I reviewed the Invitation for Bid I observed that it called for bids to be received `up to 10:00 am'. In my 20 years of experience, bidding to well dozens of owners throughout various states, I have never encountered this issue before and generally understand based on industry experience the words and phrase `up to 10:00 am' to mean up to the designated time (in this case 10:00 am) plus 59 seconds. If the owner elected to stop its receipt of timely bids once the clock turned to 10:00 am and not up to 10:00:59, 1 would expect to see the wording to read `prior to 10:00 am' or `no later than 9:59:59'. Because the invitation for bids did not use the latter phrases I understood, consistent with the convention used by other owners that I have experience with, that bids submitted up to 10:00:59 on this Project would be timely.

11.1 personally believe that the bid of Walsh was timely submitted and the failure of the City to accept our bid was improper.

I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed this 14th day of October, 2022 at Corona, California.

Jerrald TAs, Jr.
1260 Corona Pointe Ct, Ste 201, Corona, CA 92879 1 CSLB 982816 Phone:951.336.7040 Fax:951.336.7041 www.walshgroup.com An Equal Opportunity Employer

EXHIBIT 3

GENERAL CONTRACTOR SECURITY 3075 Townsgate Rd. Ste 20C
LICENSE NO. 116307 A C12 PAVING
Westlake Village, CA 91361
FAX:818.362.9300 TEL.818.362.9200
COMPANY, INC.

DECLARATION OF JOE FERNDINO
I, Joe Ferndino, declare as follows:

1. I am in individual over 18 years of age. I have personal knowledge of the following and if called to testify I could and would competently testify thereto.

2. I am a Vice President at Security Paving Company, Inc. and have held that position for over 20 years. My office is located at 3075 Townsgate Road, Suite 200, Westlake Village, California. Part of my responsibilities in my employment include the management of bidding and bids which the Security Paving elects to submit for prospective construction projects. As part of my day-to- day responsibilities in.my job I supervise other Security Paving employees tasked with assisting me in the preparation of our company bids.

1. Security Paving determined that it was interested in the advertised project by the City'of Temecula known as I — 15 / French Valley Parkway Improvements -=-Phase II {Project No. PW 16-01) t4he "Project") which was the subject of an invitation for bids published by the City of Temecula ("City") for bids, to, be received by 10:00 am on Thursday, October 6, 2022.

4. We 'obtained the Invitation for bids and all addenda, registered to submit our bid electronically as required, and prepared our bid for submission.

5. On bid day, my, staff prepared the Security Paving bid under my personal :and direct supervision in our office. As the time neared 10:00 am I was personally standing immediately behind Kylee D �minguez, who was sitting at her desk and who wasthe person tasked to submit our bid electronically to the City.

6. In order to ensure that we timely submit our bids for jobs we want to bid, we implement a.system that maintains an accurate bid clock that we carefully watch. On -October 6", this bidding clock was within my view and I was able to observe in real time the computer screen being used by Ms.

GENERAL CONTRACTOR
LICENSE NO. 116307.A C12
FAX: 818.362.9300
SECURI'i1'
PAVING
COMPANY, INC.

Dominguez to finalize our bid for submission to the City for the Project. 3075 Townsgate Rd. Ste 200
Westlake Village, CA 91361
TEL. 818.362.9200

7. Just prior to the clock turning 10:00 am on October 6, 2022, I directed Ms. Dominguez to submit our bid by hitting `send', which begins the process to upload our bid documents. I watched her hit the `send' button. My direction was intended to submit the bid of Security Paving to the City as a general contractor to the City for the Project.

8. Instead of receiving a confirmation that our bid was received, we received a message telling us that our bid documents were successfully uploaded but the bid submittal process was closed. At the time we received this message, our bid the clock still read "10:00 am" and had not changed to 10.01 am or any later time.

9. -Almost simultaneously with our receiving the message that the bid submittal process was closed, City staff began publishing the bid results. At that point, it was clear the City did not accept our bid.

10. The Invitation for Bids called for bids to be received `up to 10:00 am'. In my 35 years of experience, bidding to well over a hundred different owners, including many CalTrans projects, I have always understood and learned that the phrases `up to 10:00 am' and `by 10:00 am' mean up to the designated time (in this case 10:00 am) plus 59 seconds. If the owner elected to stop its receipt of timely bids once the clock turned to 10:00 am and not up to 10:00:59, the owner needed to change the wording to read `prior to 10:00 am' or `no later than 9:59:59'. Because the invitation for bids did not use the latter phrases I understood, consistent with the convention used by all other owners that I have experience with, that bids submitted up to 10:00:59 on this Project would be timely.

11. I personally believe that Security Paving's bid was timely submitted and the failure of the City to accept our bid was improper.

GENERAL CONTRACTOR
LICENSE NO. 116307 A C12
FAX: 818.362.9300
SECURI'rry
PAVING
coMrAvv, Inc.
3075 Townsgate Rd. Ste 200
Westlake Village, CA 91361
TEL. 818.362.9200
I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed this 14`h day of October, 2022 at Westlake Village, California.

By`-�L v �✓
Jo rndino, Vice President
S curity Paving Company, Inc.

EXHIBIT 4

f# LexisNexis
User Name: Jeffrey Baird
Date and Time: Thursday, October 13, 2022 10:44:00 AM PDT Job Number: 181614138
Document (1)

1. SOLPAC, INC. v. CITY OF FRESNO, 2003 Cal. App. Unpub. LEXIS 614 Client/Matter: 0999.001
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As of: October 13, 2022 5:44 PM Z
SOLPAC, INC. v. CITY OF FRESNO
Court of Appeal of California, Fifth Appellate District January 17, 2003, Filed
F038079
Reporter
2003 Cal. App. Unpub. LEXIS 614 *; 2003 WL 139564
SOLPAC, INC., Plaintiff and Appellant, v. CITY OF
FRESNO et al., Defendant and Respondent, MAULDIN-
DORFMEIER CONSTRUCTION, INC., Real Party in
Interest and Respondents.

Notice: [*1] NOT TO BE PUBLISHED IN THE

OFFICIAL REPORTS CALIFORNIA RULES OF
COURT, RULE 977(a), PROHIBITS COURTS AND

PARTIES FROM CITING OR RELYING ON OPINIONS

NOT CERTIFIED FOR PUBLICATION OR ORDERED

PUBLISHED, EXCEPT AS SPECIFIED BY RULE
977(B). THIS OPINION HAS NOT BEEN CERTIFIED

FOR PUBLICATION OR ORDERED PUBLISHED FOR
PURPOSES OF RULE 977.

Prior History: APPEAL from a judgment of the Superior
Court of Fresno County. Donald S., Black, Judge.

Super. Ct. No. 652953-1.

Disposition: Reversed, with directions.

Core Terms
bid, Purchasing, time stamp, opened, bidder, clock,
stamp, documenting, trial court, competitive bidding,
cause of action, damages, courts, lowest, notice,
extraordinary writ, city charter, advertisement, words, question of law, specified time, time of filing, matter of law, first cause, recommendation, provisions, Municipal, inviting, mandamus, sentence
Counsel: Marks & Golia, Davide Golia, Theodore S.

Drcar and Jeffrey B. Baird for Plaintiff and Appellant.

Livingston & Mattesich and Steven G. Churchwell for
Defendant and Respondent.

Lang, Richert & Patch, Val W. Saldana and Matthew W.

Quall for Real Party in Interest.

Judges: Dibiaso, J. WE CONCUR: Ardaiz, P.J., Levy,
J.

Opinion by: Dibiaso
Opinion
Appellant Solpac, Inc., doing business as Soltek Pacific (Solpac) appeals from the denial of its petition for a writ of mandate. Solpac sought an order from the trial court directing the City of Fresno (City) to invalidate City's contract with real party in interest Mauldin-Dorfineier Construction, Inc. (MDC) for the construction of the
Fresno Yosemite International Airport [*2]
Terminal/Concourse Expansion and to award the
contract to Solpac. We will reverse, with directions.

FACTUAL AND PROCEDURAL SUMMARY
In December 1999, City published a "Notice Inviting
Bids" (NIB) for the construction of the Fresno Yosemite International Airport Terminal/Concourse Expansion.

According to the NIB, the official deadline for the tender of bids was "no later than 3:00 p.m. on February [29],
2000, at which time the bids [would] be publicly opened and recorded." 1 [*3] (Emphasis added.) In addition, the "Instructions to Bidders" which accompanied the NIB
stated that "Bids received after the appointed hour will not be accepted. 2 The time stamp in the Purchasing
Division will be the official clock for documenting the time of filing." (Emphasis added.) The clock in the City's Purchasing Division (Purchasing Division) had a time
stamp device, but it recorded only the passage of
minutes and lacked any mechanism for recording the
passage of seconds.

The original date for submission of bids was February 3, 2000, but subsequently was extended to February 29, 2000. 2 As used in this opinion, "NIB" includes the "Instructions to Bidders."
Jeffrey Baird

2003 Cal. App. Unpub. LEXIS 614, *3

According to the "time stamp in the Purchasing
Division," Solpac's bid was received at "3:00 p.m."
When all the accepted bids were opened, Solpac's was
found to be the lowest, at $ 26,570,000. MDC's was the
next lowest, at $ 26,689,000. On April 6, 2000, the City's Purchasing Division declared that Solpac was the
lowest responsive and responsible bidder and thus
recommended that the City award the contract to
Solpac.

On April 13, 2000, under City Resolution 98-59, MDC
protested the Purchasing Division's recommendation
and asserted that Solpac's bid had been late. A retired superior court judge was selected to conduct an
evidentiary hearing and make a recommendation to the
City. As a part of the hearing process, the city attorney, on behalf of City, filed a brief with the retired judge, in which the city attorney took the position that Solpac's bid was timely according to the "time stamped through
the official clock located in the Purchasing Division." On May 11, 2000, the retired judge found in part that
Solpac's [*4] bid was "timely filed and thus responsive as documented by the file stamp" and recommended
that City "accept the recommendation of staff that the
bid of [Solpac] was responsive."
On May 23, 2000, the City Council unanimously decided
that Solpac's bid was late and directed that the contract be awarded to MDC.

Solpac's second amended complaint was filed on
September 14, 2000. The first cause of action was a
petition for a writ of mandate commanding City to
revoke the contract award to MDC and to award the
contract to Solpac, and the second cause of action was
an alternative claim for damages. The trial court denied Solpac's first cause of action for extraordinary writ relief and stayed its second cause of action for damages.

DISCUSSION
City and MDC assert that this court lacks jurisdiction to hear Solpac's appeal. According to respondents, the
trial court's order was not an appealable judgment
because it resolved only the first cause of action for
mandamus of Solpac's complaint and did not resolve
the still pending second cause of action for damages.
(Morehart v. County of Santa Barbara (1994) 7 Cal.4th
725, 743, 872 P.2d 143 [an appeal cannot [*5] be taken
from a judgment that fails to completely dispose of all causes of action pending between the parties].)
We have jurisdiction to entertain this appeal. The trial court's decision on Solpac's application for a writ of
mandate resolved the decisive question -- did City's
rejection of Solpac's bid violate City's competitive
bidding laws -- at issue under both the first and second counts of Solpac's complaint. 3 Although the trial court stayed further proceedings on the second cause of
action, as a practical matter, and as a matter of law, the trial court's decision that Solpac's bid was untimely
necessarily also decided that Solpac was not entitled to any damages. In such a situation, because the trial
court inadvertently failed to formally dismiss the
effectively resolved cause of action for damages, we
may enter an amended judgment nunc pro tunc to
reflect the legal resolution of the damages claim
consistent with the trial court's ruling on the critical issue under the first cause of action. (Griset v. Fair Political Practices Com'n (2001) 25 Cal.4th 688, 700 (Griset);
Cal. Rules of Court, rule 2(d)(2).) Specifically, the Court in Griset said:
[*6] "When, as here, a trial court's order from which an appeal has been taken disposes of the entire action, the order 'may be amended so as to convert it into a
judgment encompassing actual determinations of all
remaining issues by the trial court or, if determinable as a matter of law, by the appellate court, and the notice of appeal may then be treated as a premature but valid
appeal from the judgment."' (Griset, supra, 25 Cal.4th at p. 700; see also Sullivan v. Delta Air Lines, Inc. (1997) 15 Cal.4th 288, 308, 935 P.2d 781.)
Our disposition will enter such an amended judgment.

Neither City nor MDC will suffer any prejudice by our
application [*7] of the Griset rule. Were we to dismiss this appeal, the parties would be required to return to the trial court for the sole purpose of securing a
judgment which formally incorporated the necessary
disposition of Solpac's second cause of action for
damages in favor of City. Solpac would then be in
position to file a timely notice of appeal from that
judgment and the matter would return to this court for
resolution. We see no good reason to compel such a
waste of time and resources.
3 MDC's reliance on Bishop Creek Lodge v. Scira (2000) 82 Cal.App.4th 631, 634 is unavailing because that case dealt with an entirely different situation -- the dismissal of an appeal from an order denying a permanent injunction -- and held that such an order was not sufficiently definitive to qualify as a final judgment.

Jeffrey Baird

2003 Cal. App. Unpub. LEXIS 614, *7
The correct standard of review is the substantial
evidence test. (Associated Builders & Contractors, Inc. v. San Francisco Airports Com. (1999) 21 Cal.4th 352,
361, 981 P.2d 499.) Under this principle, we must
determine whether City's action was "arbitrary,
capricious, entirely lacking in evidentiary support, or procedurally unfair." (Ibid.) In applying this test,
however, we will independently assess pure questions
of law, such as issues of statutory and contract
construction where there is no relevant factual dispute. (Ibid. [courts will exercise independent judgment in
determining whether an instrument is consistent with
applicable law, such as the competitive [*8] bidding
statutes]; Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1437; 9 Witkin, Cal.

Procedure (4th ed. 1997) Appeal, § 317, p. 355; see
also Pacific Legal Foundation v. Unemployment Ins.

Appeals Bd. (1981) 29 Cal.3d 101, 111, 172 Cal. Rptr.
194, 624 P.2d 244 [courts will reject administrative
interpretations of governing law where such
interpretations are contrary to the statutory intent].) The same is true with respect to written instruments such as the NIB. (CBS Broadcasting Inc. v. Superior Court
(2001) 91 Cal.App.4th 892, 906 [interpretation of a
written instrument is a question of law subject to de
novo appellate review when there is no relevant
extrinsic evidence]; Harustak v. Wilkins (2000) 84
Ca1.App.4th 208, 214-215 [same].) And, within the
applicable standard of review, our evaluation must be
rigorous. (Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897, 907 ["Because of the
potential for abuse arising from deviations from strict adherence to standards which promote these public
benefits, the letting of public contracts universally [*9] receives close judicial scrutiny and contracts awarded
without strict compliance with bidding requirements will be set aside. This preventative approach is applied even where it is certain there was in fact no corruption or
adverse effect upon the bidding process, and the
deviations would save the entity money"].) 4
4 We would come to the same result on this appeal if we accepted MDC's assertion that the proper test is the most deferential "abuse of discretion" standard. (See Bright Development v. City of Tracy (1993) 20 Ca1.App.4th 783, 795 [mandamus lies to control abuse of discretion by a local agency; discretion is abused when the agency "acts without power or refuses to obey the plain mandate of the law"].) A.

Solpac contends the award of the contract to MDC was
erroneous because it violated California's competitive
bidding laws, City's bidding ordinances, and the terms of the NIB. According to Solpac, its bid was timely,
responsible and responsive, [*10] and, thus, because
its bid was also the lowest, the City had no discretion to award the contract to MDC. On the other hand, City and
MDC contend the evidence presented to City
demonstrated that Solpac's bid was tendered after the
time specified in the NIB and therefore City acted
lawfully in awarding the contract to MDC. According to
City and MDC, the evidence demonstrated that the "time
stamp" on Solpac's bid was "affixed after 3:00 p.m." but before 3:01 p.m."' Among the evidence relied upon by
City and MDC is testimony that, sometime before
Solpac submitted its bid, the face of the Purchasing
Division clock read 3:00 p.m. and the mechanism was
heard to "click" or "clunk" the turn of the hour of 3:00 p.m.

A public contract subject to competitive bidding must be awarded to the lowest responsible and responsive
bidder. (See Kaiima/Ray Wilson v. Los Angeles County
Metropolitan Transa Authority (2000) 23 Cal.4th 305,
313 (Kajima); Associated Builders & Contractors, Inc. v.

San Francisco Airports Com., supra, 21 Cal.4th at pp.
365-366.) The purpose of requiring governmental
entities to open the contracts process to public bidding is to eliminate [*11] favoritism, fraud and corruption; avoid misuse of public funds; and stimulate
advantageous market place competition." (Ghilotti
Construction Co. v. City of Richmond, supra, 45
Cal.Ap,o.4th at p. 907.) The competitive bidding law for Fresno, a home rule city (Cal. Const., art. XI, $ 5) is found in the Fresno City Charter. (See Domar Electric,
Inc. v. City of Los Angeles (1994) 9 Cal.4th 161, 170-
171, 885 P.2d 934 [a charter operates as an "instrument of limitation and restriction on the exercise of power
over all municipal affairs which the city is assumed to possess ...."].) The relevant provisions are Fresno City Charter sections 1208 (a) and 1208 (d). Section 1208
(a) states in relevant part: "Every contract involving an expenditure of city moneys of more than twenty-seven
thousand dollars ($ 27,000) for ... public works
construction, shall be let to the lowest responsive and responsible bidder ...." Section 1208 (d) states: "All bids shall be submitted in a sealed envelope and shall be
filed with the officer in charge of the purchasing function no later than the opening time specified in the notice
Jeffrey Baird

2003 Cal. App. Unpub. LEXIS 614, *11

inviting bids, who shall receive and be custodian [*12] of such bids and keep the same confidential until they
are opened and declared." (Emphasis added.)
B.

The only substantive question raised on this appeal is
whether Solpac's bid was responsive -- that is, was it
timely under the language of the charter and the NIB?
5 If the answer is yes, Solpac was a responsive bidder
and the failure to award it the contract was inconsistent with the competitive bidding laws applicable to City.
(Associated Builders & Contractors, Inc. v. San
Francisco Airports Com., supra, 21 Cal.4th at p. 361
[question whether competitive bidding laws have been
violated presents pure question of law where the
evidentiary facts are undisputed]; Ghilotti Construction Co. v. City of Richmond, supra, 45 Cal.App.4th at p. 907 [contracts awarded without strict compliance with
competitive bidding requirements are improper]; see
also Bright Development v. City of Tracy, supra, 20
Ca1.App.4th at P. 795 [public agency's discretion is
abused when the agency acts inconsistent with the
law].)
[*13] We agree with Solpac that the award of the
contract to MDC was improper because Solpac's bid, as
a matter of law, was timely. The issue is not even close to being close, and turns on the "time stamp" provision in the NIB, read in conjunction with the "time" provision. 6 The language and import of these two sentences
could not have been clearer -- bids were required to be filed "no later than" 3:00 p.m., and the official means of documenting the "time" when a bid was filed was the
"time stamp" in the Purchasing Division. (National City Police Officers' Assn. v. City of National City (2001) 87 Cal.App.4th 1274, 1279 [the express language of an
instrument must be given effect if it is clear and explicit]; see also People v. Superior Court (Gary) (2000) 85
Cal.App.4th 207, 213 [a court must give statutory
6 The issue was framed by the City Attorney at the hearing before the City Council on MDC's bid protest; the City Attorney advised the Council that "Under the charter, the Council can award only to the lowest responsible and responsive bidder....

There was an appeal filed [by MDC] as to the issue of
responsiveness only."
6 Virtually no consideration was given to the "time stamp" provision during the hearing before the City Council.
language its usual, ordinary meaning; if there is no
ambiguity in the language the court will presume the
Legislature meant what it said and the plain meaning of the statute governs].) The evidence is uncontested that Solpac's bid was stamped by the "time stamp" in the
Purchasing Division with the "time" of "3:00 p.m." [*14] Therefore, Solpac's bid was officially submitted "no later than 3:00 p.m." according to the "time stamp" in the
Purchasing Division. 7 (See Hansen v. Bacher (1927)
299 S. W. 225, 227 ["'not later than" ... means 'within' or 'not beyond' and is the equivalent of 'on or before"']; Webster's Third New Internat. Dict. (1986) p. 307 ["not later than" is synonymous with "by" and "at or before"].) The time provisions of the NIB were perfectly consistent with City laws governing bidding. Both Fresno City
Charter section 1208, subdivision (d) and Fresno
Municipal Code section 3-105, subdivision (d), 8 require that bids be submitted [*15] "no later than" -- that is, "on or before" -- the opening time specified in the notice
inviting bids. Obviously, the NIB used the phrase "no
later than" in order to comply with the demands of the
charter and the ordinance. 9
[*16] According to MDC's supplemental brief, the
words "time stamp" in the NIB are "reasonably and
practically interpreted as merely describing the actual clock [in the Purchasing Division] than ... to be read and used to identify 3:00 p.m.," and that making the "stamp conclusive proof of timeliness" would be to "significantly rewrite the NIB." In MDC's view, the words "time stamp" served merely to identify the relevant "clock" to be used The opening briefs filed by City and MDC on this appeal fail to acknowledge the provision of the NIB designating the "time stamp" in the Purchasing Division as the official means of documenting the time of filing of bids.
8 Fresno Municipal Code section 3-105 (d) and (e) state, "all bids shall be submitted in a sealed envelope and shall be filed with the purchasing agent no later than the opening time specified in the notice inviting bids, who shall receive and be custodian of such bids and keep the same confidential until they are opened and declared. [P] ... All bids received shall be publicly opened and declared at the time and at the place fixed in the notice inviting bids." (Emphasis added.)
9 Government Code section 53068, also applicable to charter cities, states: "Any local agency [including a charter city] which seeks to enter a contract that requires the letting of bids, shall specify in the public notice the place such bids are to be received and the time by which they shall be received. Any bids received by such local agency after the time specified in the notice shall be returned unopened."
Jeffrey Baird

2003 Cal. App. Unpub. LEXIS 614, *16

to time the submission of bids and thus that the
provision should be construed as if the NIB had used,
for example, the words the gray clock' in the
Purchasing Division" instead of the words "the time
stamp in the Purchasing Division." This is lawyer
legerdemain. The language of the clause, taken in its
entirety, simply does not support MDC's proposed
construction. If "time stamp" did not have any meaning
independent of "clock," "time stamp" would not have
been so carefully and specifically inserted into the
sentence which dealt with the official "documentation" of the "time" of a bid submission.

MDC's position is also unsupported as a matter of pure
grammar. The subject of the sentence is not the "clock." The subject of the sentence is the "time [*17] stamp in the Purchasing Division." The "clock," its adjective
"official," and the subsequent verb phrase "for
documenting the time of filing" together constitute a
predicate nominative which follows the linking verb "will be" and more particularly describes the subject of the
verb; i.e., the "time stamp in the Purchasing Division." (Webster's Third New Internat. Dict., supra, p. 1786;
Van Winkle, Elements of English Grammar (1990) § 3.2,
pp. 158-160. )
MDC's bottom line is that "to grant the time stamp on a bid package precedence over the other measurements
of time on the official clock (i.e., the movement of the minute hand or the audible click) would require the
rewriting of the [NIB] to state, for example, [that] 'the time stamped by the official clock shall document the
time of filing [of bids],"' but this "or similar language was not used [in the NIB] here." (Emphasis added.) To this
assertion we need only repeat the exact terms of the
NIB sentence in issue, which stated: "The time stamp in the Purchasing Division will be the official clock for
documenting the time of filing" of bids. The only material divergences we perceive between the NIB provision and
MDC's [*18] suggestion is a somewhat different
positioning of a few of the same words and the addition in MDC's version of an "ed" to the NIB's "stamp." We
have considerable difficulty perceiving, and MDC does
not really explain, why the two linguistically comparable formulations are not the least, and at least, similar.

C.

Because the uncontested evidence established, as a
matter of law, that Solpac's bid was timely under the
unequivocal provisions of the NIB, we have no reason to consider the other evidence relied upon by City or MDC
or the parties' conflicting arguments about asserted past Purchasing Division practices or the doctrine of
estoppel. (See Yamaha Corp. of America v. State Bd. of
Equalization (1998) 19 Cal.4th 1, 7-8, 960 P.2d 1031.) It is immaterial that certain witnesses may have testified Solpac's bid was actually stamped "3:00 p.m." sometime
after the face of the clock in the purchasing office
registered "3:00 p.m.," or that the mechanism of the
clock "clinked" or "clunked" the turn of the precise hour of "3:00 p.m." some moments before Solpac's bid was
stamped "3:00 p.m." The NIB did not state that bids
must be submitted "no later than" the [*19] moment
when, according to whoever may have witnessed the
event, the face of the clock in the Purchasing Division registered the hour of "3:00 p.m." or was heard to "clink" or "clunk" the turn of the hour of "3:00 p.m." 10 The NIB instead said that bids must be received "no later than" "3:00 p.m.," and the "time" of receipt would be
"documented" by the "time stamp" in the Purchasing
Division. To "document" means to use an official paper
to evidence or prove something. (Webster's Third New
Internat. Dict., supra, p. 1786.) Neither the face of the clock in the Purchasing Division nor the "click" or "clunk" of the clock mechanism is a "paper," but Solpac's
written bid with the "time" stamped on it by the "time
stamp" in the Purchasing Division surely is. The obvious purpose of the designation of the "time stamp" as the
official recorder of the "time" of a bid filing was to insure the fair and uniform application of the bidding laws by avoiding precisely what happened here -- a costly,
postbid, testimony -laden, dispute with an extended
evidentiary hearing at which a parade of competing
witnesses related what they recalled having seen or
heard at or around 3:00 p.m. on bid [*20] day.

We do not agree with the proposition that, to be timely, bids were required to be submitted at the latest during the nanosecond interval between 2:59.59 p.m. and 3:00
p.m. The NIB did not say that bids must be received
"before 3:00 p.m." The NIB said explicitly that bids must be received "no later than 3:00 p.m." -- that is, "on or before" 3:00 p.m. To adopt the proposition advanced by
City and MDC would require us to do violence to plain
10 In effect, City and MDC posit a conflict between the two portions of the relevant NIB statement, which peg both the time for the submission of bids and the time for the opening of bids as "3:00 p.m." Based upon this purported conflict, City and MDC assert that the problem must be resolved by
construing the NIB as establishing the precise moment the clock moved from 2:59:59 p.m. to 3:00 p.m. as the deadline for bid submission, so that the bids could be opened at exactly 3:00:00 p.m.

Jeffrey Baird

2003 Cal. App. Unpub. LEXIS 614, *20

English and nonsensically read the phrase "no later
than" to mean "before, [*21] " to invalidate the NIB
provision denoting the "time stamp" in the Purchasing
Division as the "official" means of "documenting" the
"time" of the filing of bids, and to give effect only to that part of the NIB which set the time when bids would be
opened. (National City Police Officers' Assn. v. City of National City, supra, 87 Cal.A,np.4th at p. 1279 [if
possible, courts must give effect to every provision of an instrument and avoid constructions which nullify a
portion of the instrument].) Given the characteristics of the "time stamp" in the Purchasing Division, under the
rationale proffered by City and MDC the last timely
stamp for the receipt of bids would have been "2:59
p.m.," despite the fact that the NIB unambiguously
stated that the last timely stamp for the receipt of bids was "3:00 p.m.," not "2:59 p.m." (Ibid. [if possible, courts must avoid constructions which result in an absurdity].) Even if the "time stamp" provision had not existed, a bid filed precisely on the moment when the clock "clicked"
or "clunked" the hour of 3:00 p.m. would not have been
late, because it would have been filed "at" 3:00 p.m., as authorized by the "time" provision [*22] of the NIB. (See Hansen v. Bacher, supra, 299 S. W. at P. 227 ["'not later than" ... is the equivalent of 'on or before"' (emphasis added)].)
In fact, the two portions of the NIB are not in actual
conflict. (See Southern Pacific Land Co. v. Westlake
Farms, Inc. (1987) 188 Cal. App. 3d 807, 822, 233 Cal.

Rptr. 794 [even when different parts of an instrument
appear to be contradictory and inconsistent with each
other, the court will, if possible, harmonize the parts and construe the instrument in such a way that all parts may stand and will not strike down any portion unless there is an irreconcilable conflict wherein one part of the
instrument destroys in effect another part].) The NIB set a specific hour on or before which bids could be filed, with a specific means of establishing the "time" when
each bid was filed -- the "time stamp" in the Purchasing Division. By also referring to the last time when bids
could be submitted, the NIB set a time before which bids could not be opened. Thus, these provisions of the NIB
can rationally be read together as requiring that all bids which bore a stamp later than "3:00 p.m." be returned
unopened [*23] and all bids which bore a stamp of
"3:00 p.m." or earlier be opened after the "time stamp" in the Purchasing Division would no longer stamp the time
of "3:00 p.m." on a bid; that is, when the "time stamp" could only stamp "3:01 p.m." or later.

Moreover, even if there were a conflict between the bid submission time and the bid opening time, we would be
compelled to give precedence to the bid submission
time. (See Southern Pacific Land Co. v. Westlake
Farms, Inc., supra, 188 Cal. App. 3d at P. 822.) As
between the time when bids were to be opened and the
time when bids were to be submitted, the latter is the
critical event for purposes of the competitive bidding
laws because the timely submission of bids directly
involves the rights of those whose vigorous competition on a level field ensures fairness among bidders and the wise expenditure of public funds. (See Domar Electric,
Inc. v. City of Los Angeles, supra, 9 Cal.4th at o. 173; Holly's Inc. v. County of Greensville (VA 1995) 250 Va. 12, 458 S.E. 2d 4547 457 ["[A] requirement in an
invitation to bid that fixes the time within which bids must be received is not a minor defect [*24] or an
informality that may be waived but, rather, a material
and formal requirement that ... must be fulfilled to the letter of the law"]; 10 McQuillan, Municipal Corporations (3d ed. 1999) § 29.65 [all the terms and conditions of
the advertisement become a part of a bid so that
competition among bidders may be equal and fair].) It is certainly conceivable that unanticipated events may
delay the opening of bids on a particular project, and we find nothing in the law or in the NIB which required City to reject any or all bids not opened precisely at the time specified, at least so long as any delay was not so
substantial as to tangibly impact competition among
bidders or subvert the purposes of the competitive
bidding process. (See 10 McQuillan, Municipal
Corporations, supra, § 29.70, p. 476; McCord v.

Lauterbach (1904) 91 A.D. 315, 86 N.Y. S. 503, 506-
507 [bid opening time stated in advertisement was
directory; no prejudice to any bidder by deferring the
opening a short while]; Konica Business Machines
U.S.A., Inc. v. Regents of University of California (1988) 206 Cal. App. 3d 449, 454, 253 Cal. Rptr. 591 [if a
variance from strict bid [*25] requirements could not
have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders, the
variance is immaterial and may be waived].) 11
We find some further support for our conclusion in City Charter section 1208 (d), which expressly requires that bids be submitted "no later than" the bid opening time
specified in a notice inviting bids but does not expressly require that timely bids be opened at such time. To the contrary, the section implicitly contemplates that bids 11 Some evidence was presented at the hearing before the retired judge about the effect on competition when an untimely bid is accepted. However, the subject has not been raised for any purpose by any party on this appeal, and, in any event, we have found Solpac's bid was timely.

Jeffrey Baird

2003 Cal. App. Unpub. LEXIS 614, *25

might not be opened at the specified bid opening time,
for it states that the City officer in charge of bids "shall receive and be custodian of such bids and keep the
same confidential until they are opened [*26] and
declared." 12 (Emphasis added.)
The case cited by MDC to support its position that timely bids were required to be submitted before "3:00 p.m." is not on point. In Holly's Inc. v. County of Greensville, supra, 458 S.E. 2d 454, the bid notice stated that "On
Thursday, March 17, 1994 at 2:00 p.m. all bids received ... will be opened" (id. at p. 455), but the bidder's bid was not received until 2:02 p.m. or 2:03 p.m. (Id. at p. 456.) The Virginia Supreme Court rejected the bidder's
argument that its bid was timely and concluded in part
that the bid documents required bids to be submitted
before 2:00 p.m. because "a bid could not be opened at
[*27] 2:00 p.m. unless it was received before 2:00
p.m." (Id. at p. 457.) The situation in Holly is not the situation here because, unlike here, the bid documents
involved in Holly contained no express direction
concerning the last time when bids were to be
submitted; it stated only that bids would be opened at
2:00 p.m. Given the content of the Holly bid documents, the Virginia Supreme Court's decision makes sense, but
it has nothing to say about this case, where the NIB
expressly permitted bids to be submitted "no later than 3:00 p.m."
City's determination that Solpac's bid was not
responsive because it was not timely was based upon
City's construction of Fresno City Charter section 1208 (d) to mean that all bids must have been submitted
before the bid opening time so that the bids could be
opened precisely at 3:00 p.m. However, we have found
this interpretation to be inconsistent with the plain
meaning of the words "no later than" in the charter
section and in the NIB. (Associated Builders &
Contractors, Inc. v. San Francisco Airports Com., supra, 21 Cal.4th at p. 361 [statutory interpretation is a pure question of law]; Domar Electric, Inc. v. City of Los
Angeles, supra, 9 Cal.4th at P. 171 [*28] [home rule city charter provisions interpreted under same principles that 12 We recognize that City Municipal Code section 3-105 (d) and (e) is more specific, but, to the extent the code section conflicts with the charter, the latter prevails. (Domar Electric, Inc. v. City of Los Angeles, supra, 9 Cal.4th at p. 171 [a charter city cannot act in conflict with its charter].) govern interpretation of statutes]; Kreeft v. City of
Oakland (1998) 68 Cal.App.4th 46, 53 [appellate court
exercises independent judgment with respect to
interpretation of statute]; CBS Broadcasting Inc. v.

Superior Court, supra, 91 Cal.App.4th at p. 906
[interpretation of a written instrument is a question of law subject to de novo appellate review when there is
no relevant or disputed extrinsic evidence]; Burden v.

Snowden, supra, 2 CalAth at p. 562 ["plain meaning" of
statute must be given effect]; Pacific Legal Foundation v. Unemployment Ins. Appeals Bd., supra, 29 Cal.3d at
p. 111 [courts must reject administrative interpretations of governing law if such interpretations are legally
wrong].) In addition, we have concluded that the City's decision failed to give effect to the plain meaning of the provision in the NIB, which was presented to bidders
and on which bidders were entitled to rely, that made
the "time stamp" in the Purchasing Division the "official clock for documenting the time of filing" of bids.

Consequently, [*29] City's decision that Solpac's bid
was not timely was erroneous as a matter of law and
made the award of the contract to MDC improper under
the relevant principles and laws of competitive bidding. (City of Inglewood-L.A. County Civic Center Auth. v.

Superior Court (1972) 7 Cal.3d 861, 870, 103 Cal. Rptr. 689, 500 P.2d 601 [a contract awarded against dictates
of competitive bidding laws is improper]; 10 McQuillan, Municipal Corporations, supra, § 29.73, p. 490 [contract should be awarded to the lowest responsible bidder who
complies with the terms of the advertisement].)
IV.

Determining the appropriate remedy is considerably
more difficult than determining whether Solpac's bid was timely.
13 The parties stipulated at oral argument that the work 13 We asked for and received supplemental briefing on the subject from the parties. Normally, we would have stricken part "A" of MDC's supplemental brief. This part addressed the substantive issues involving the validity of City's award to MDC raised in the parties' initial briefs and argued before the court and therefore exceeded the scope of this court's order for additional briefing. However, because the unauthorized argument for the first time clearly explained MDC's legal position with respect to the "time stamp" provision, we will let it stand. In addition, Solpac did not as a protective measure respond to MDC's improper supplemental argument and has not asked for monetary sanctions against MDC for its
Jeffrey Baird

2003 Cal. App. Unpub. LEXIS 614, *29

required of MDC under the contract was more than 90
percent completed. Nevertheless, Solpac contends that
its "only adequate remedy" is a reversal of the judgment and an order by this court directing the trial court to issue a writ of mandate compelling City to "set aside its award to [MDC] and to award the contract instead to"
Solpac, because this court "may not weigh concerns of
disruption [*30] to the project or balance the harm
among the parties." City and MDC contend we have
authority to deny Solpac the writ relief it seeks and to instead permit it to recover damages from City,
measured by Solpac's bid preparation costs (see
Kaiima, supra, 23 Cal.4th at p. 308) under the second
cause of action of Solpac's complaint.
[*31] First, we have no power to order the trial court to order City to award the contract to Solpac; at the most, all we could do is order the trial court to order City to revoke the award to MDC. (Baldwin -Lima -Hamilton
Corp. v. Superior Court (1962) 208 Cal. App. 2d 803,
817, 25 Cal. Rptr. 798 [where public agency has
reserved, in its advertisement for bids, the right to reject all bids, the courts have no power to order the agency to award the contract to a particular bidder even though
the agency may have improperly awarded the contract
to one of the bidders; the courts are limited to directing the public agency to refrain from awarding the contract found to have been let in violation of the competitive
bidding laws]; see also Monterey Mechanical Co. v.

Sacramento Regional County Sanitation Dist. (1996) 44
Cal.App.4th 1391, 1414; Swinerton & Walberg Co. v.

City of Inglewood-L.A. CountV Civic Center Authority
(1974) 40 Cal. App. 3d 98, 104, 114 Cal. Rptr. 834;
Universal By -Products, Inc. v. City of Modesto (1974) 43 Cal. App. 3d 145, 152, 117 Cal. Rptr. 525.) 14 The
reason is the fundamental constitutional concept [*32]
of the separation of powers among the three branches
of government. (See 8 Witkin, Cal. Procedure (4th ed.
1997) Extraordinary Writs, § 92, pp. 880-881 [the courts have jurisdiction to reverse abuses of discretionary
power by a legislative agency but the courts have no
jurisdiction to direct the manner of exercise of
discretionary power by a legislative agency].)
Second, the result of a judgment requiring no more than the revocation of the award to MDC would be a
pointless farce, subsidized -- as all pointless
governmental farces usually are -- by the taxpayers.

City would be without a contractor for a project almost deviation from this court's instructions.
14 Under both the City Charter and the NIB, City retained the discretion to reject all bids.
complete or perhaps fully complete by the date of this
opinion. Under Solpac's rationale, City would be
required to re -advertise for the entire project and not just for the small portion of any unperformed work; that is, City would be required to solicit bids for work that City no longer needed [*33] to have done. We suspect even
Solpac would agree that City would not be required to
first advertise for bids to demolish what has been built so as to be in a position to later re -bid for its
reconstruction in order to give Solpac an opportunity to attempt to get what it lost by City's inappropriate award to MDC. And, even if the entire project were rebid, with or without demolition of the existing work, Solpac would not be assured of being the lowest responsible bidder
for the project, whatever it was advertised to be, or of making a profit on the work. (See Kaiima, supra, 23
Cal.4th at p. 316 [whether the lowest bidder would have actually made a profit on the lost contract is
speculation].)
We need not expend any more time playing this fantasia
on the theme by Solpac. Because City would be entitled
to reject all the bids for the project, including Solpac's, City would not be required to readvertise for the entire project and could simply let a contract for the work
undone as of the time it revoked MDC's contract. How
this would make Solpac whole, as Solpac desires to be
made, is beyond us.

Therefore, the rational solution is to refuse to give
Solpac extraordinary [*34] writ relief and instead give it the opportunity to recover its bid preparation costs as damages. (Kaiima, supra, 23 Cal.4th at pp. 315-316.)
Happily, this disposition is legally sound. Mandate,
though ordinarily classed as a legal remedy, is largely controlled by equitable principles (8 Witkin, Cal.

Procedure, supra, Extraordinary Writs, § 6, p. 787-788), and the court to which application for mandamus is
made is vested with the discretion to determine whether it should be issued. (Irvine v. Gibson (1941) 19 Cal.2d 14, 15, 118 P.2d 812.) A court therefore may refuse
mandamus when it is "useless, unenforceable, ...
unavailing" or moot. (Roscoe v. Goodale (1951) 105
Cal. App. 2d 271, 273, 232 P.2d 879; Coyne v. Superior
Court (1947) 80 Cal. App. 2d 898, 901, 183 P.2d 36;
see also Environmental Protection Information Center,
Inc. v. State Bd. of ForestrV (1993) 20 Cal.App.4th 27, 31-32; Crangle v. City Council of Crescent City (1933)
219 Cal. 239, 242, 26 P.2d 24; see generally 8 Witkin,
Cal. Procedure, supra, Extraordinary Writs, § 145, p.
939.)
In addition, in Kaiima, supra, 23 Cal.4th at a 315, [*35] Jeffrey Baird

2003 Cal. App. Unpub. LEXIS 614, *35

the Supreme Court pointed out that, by the time a bid
dispute is finally resolved in the courts, "as a practical matter" setting aside an improper contract award is not an effective remedy because "the underlying contract
may already have been substantially or fully performed." (Id. at P. 313, M. 1; see also Swinerton & Walberg Co. v.

City of Inglewood-L.A. County Civic Center Authority,
supra, 40 Cal. App. 3d at p. 103.) Although both Kajima and Swinerton & Walberg involved injunctive relief
rather than writ relief, both forms of relief invoke notions of equity, and therefore the practical considerations
addressed in the two cases apply here with equal force. (8 Witkin, Cal. Procedure, supra, Extraordinary Writs, § 6, p. 787 [mandate]; 6 Witkin, Cal. Procedure, supra,
Provisional Remedies, § 276, pp. 219-220 [injunction].) We recognize that the court in Monterrey Mechanical
Co. v. Sacramento Regional County Sanitation Dist.,
supra, 44 Cal.App.4th 1391, 1413-1414, distinguished
between mandamus relief and injunctive relief, and held that, because there was "no authority for the proposition that denial of a [*36] writ of mandate may be based
upon the balance of hardships," a ground upon which
denial of an injunction may be based, the only
applicable remedy in the mandate action was an order
to the trial court "compelling the [public agency] to set aside its award of the contract ...." However, Monterrey Mechanical was decided by the Court of Appeal before
the Supreme Court's opinion in Kajima. In addition, we
are not entirely persuaded by the limited analysis of the issue reflected in Monterrey Mechanical, given that the competitive bidding statutes protect the public, not the bidders (Universal By -Products, Inc. v. City of Modesto, supra, 43 Cal. App. 3d at p. 152), and given the
equitable overtones of mandate. If Monterrey
Mechanical has any precedential application here, we
decline to follow it.

DISPOSITION
The trial court's order from which this appeal was taken is amended nunc pro tunc to include a decision adverse
to Solpac on its second cause of action for damages,
and to state that Solpac's action is dismissed in its
entirety. Solpac's notice of appeal is deemed to be a
premature but valid notice of appeal from this amended
nunc pro tunc [*37] judgment. (Cal. Rules of Court, rule 2 (d)(2).) The amended nunc pro tunc judgment is
reversed. On remand, the trial court is directed to (1) enter a new order dismissing Solpac's first cause of
action for mandamus and (2) conduct such further
proceedings on Solpac's second cause of action for
damages as may be appropriate and not inconsistent
with this opinion. Solpac is awarded its appellate costs against both City (Code Civ. Proc., § 1029) and IVIDC,
jointly and severally.

Dibiaso, J.

WE CONCUR:

Ardaiz, P.J.

Levy, J.

End of Document
Jeffrey Baird

EXHIBIT 5

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

NOTICE INVITING BIDS
for
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
PROJECT NO. PW16-01
FEDERAL PROJECT NO. INFRALUL-5459(031)
NOTICE IS HEREBY GIVEN that the City of Temecula, Riverside County, California, will receive ELECTRONIC BIDS ONLY up to 10:00 A.M., on Thursday, the 6th day of October, 2022. The City of Temecula utilizes PlanetBids as its online bid management provider and location for public bid openings. Bids will be opened and the results of submitted ELECTRONIC bids for the subject project will be immediately available to the public at the stated date and time on the City's PlanetBids portal at:
https://pbsystem.planetbids.com/portal/l4837/portal-home Bids must be submitted electronically via the on-line bidding service PlanetBids. To download bid documents and to submit an electronic bid, a bidder must be registered with the City of Temecula as vendor. To register as a vendor, go to the following link, then follow the "Register as a Vendor" link:
http://temeculaca.gov/314/Purchasing-Contract-Administration Documents must be uploaded in PDF (Portable Document Format). Hard copies submitted to the City, in lieu of electronic copies uploaded onto the system, will not be accepted as a viable bid. Electronic bids must be received no later than the date and time specified above.

It is the bidder's responsibility to ensure that their bid documents are properly uploaded onto the City's online bid management system. Bids that are missing pages, cannot be opened, etc., may be considered unresponsive. It is the bidder's sole responsibility to contact the City's online bid management provider (PlanetBids at 818-992-1771) to resolve any technical issues related to electronic bidding, including, but not limited to, registering as a vendor, updating passwords, updating profiles, uploading/downloading documents, submitting an electronic bid, etc.

2. All of said work is to be performed in accordance with Plans and Specifications entitled I- 15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE 11, PROJECT NO. PW16- 01, FEDERAL PROJECT NO. INFRALUL-5459(031). These documents can be downloaded from PlanetBids. The charge for downloading bid documents is $75.00.

3. The classification of Contractor's license required in the performance of this Contract is a Class A.

4. Pursuant to the provisions of Section 1773 of the Labor code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute the contract from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet web site at: http://www.dir.ca.gov .

The Federal wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the book issued for bidding purposes entitled "Plans, Specifications, and Contract Documents," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen.

EXHIBIT 6

From: Avlin Odviar
Date: October 12, 2022 at 6:05:32 PM PDT
To: Harry McGovern
Cc: Peter Thorson , "Tilden Kim (tkimkrwglaw.com)" , Patrick Thomas , Amer Attar
Subject: [EXTERNAL] RE: [EXTERNAL] I-15 French Valley Parkway Improvements - Construction Bid Harry,
Thank you for the clarification and additional information. It is peculiar that two of the larger bidding sites (Caltrans and PlanetBids) would implement slightly different cut-off times for the same stated deadline. And it is unfortunate that this one -minute differential interpretation affected MCM's, and others', ability to bid this project. However, after some 10+ years of use the City believes the PlanetBids system to be a solid and fair bidding system, including the cut- :)ff time.

We do not intend to throw out all bids and rebid the contract as MCM has requested.

Sincerely,
Avlin Odviar
Principal Civil Engineer
City of Temecula
(951) 693-3969
Avlin.OdviaraTemeculaCA.gov
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From: Harry McGovern
Sent: Wednesday, October 12, 2022 2:32 PM
To: Avlin Odviar
Subject: Re: [EXTERNAL] I-15 French Valley Parkway Improvements - Construction Bid

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Avlin
We are now hearing that at least 3 bidders were closed out from turning in their bid Harry
On Oct 12, 2022, at 2:11 PM, Harry McGovern wrote:

Avlin:

Our contention is that we were closed out right at 10:00 from submitting the bid at 10:00 and 15 seconds and, according to Caltrans, anything before 10:01 is 10:00 so we are saying that Planet Bids closed us out too early!
Please consider throwing out all bids and rebidding in order to receive bids from all Contractors interested in bidding in order for the City realize the lowest price available for the project.

Harry McGovern
Exec. V. P. & G. M.

MCM Construction, Inc.

On Oct 12, 2022, at 11:57 AM, Harry McGovern
wrote:

Begin forwarded message:

From: Avlin Odviar
Date: October 12, 2022 at 11:50:01 AM PDT
To: Harry McGovern
Cc: Patrick Thomas , Amer Attar
, Peter Thorson ,
"Tilden Kim (tkim(a�rwglaw.com)"
Subject: [EXTERNAL] I-15 French Valley Parkway Improvements - Construction Bid
Harry McGovern,
The City reached out to PlanetBids, based on your communications with me regarding MCM's bid for the subject construction contract.

Please see email below from PlanetBids which includes a MCM bidding history report. According to the report, MCM had Saved its bid multiple times but did not Submit it by hitting the Submit button.

Please let us know if you have any further questions/comments. We appreciate MCM's interest in this project and those in the future.

Sincerely,
Avlin Odviar
Principal Civil Engineer
City of Temecula
(951) 693-3969
Avlin.Odviar(cDTemeculaCA.gov
TemeculaCA.goV
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From: PlanetBids Inc.

Sent: Wednesday, October 12, 2022 7:46 AM
To: Tammy Petricka
Subject: Re:[## 35947 ##] RE: French Valley Parkway, PW 16-01 — Bid Due Date 10/6/22 - Vendor Not Able to Submit Bid
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
i—_
Dear Tammy Petricka,

PlanetBids has provided the following resolution to the ticket, #35947 10/1 1 /2022 02:36 PM
Bid Title: I-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II, PROJECT NO.

PW16-01, FEDERAL PROJECT NO. INFRALUL-5459(031
Bid ID: 97471
Agency: City of Temecula (14837)
Invitation 9:

Issue Date: 08/29/2022 2:26 PM (PDT)
By Invitation: No
Response Format: Electronic
Stage: Closed
Bid Due Date: 10/06/2022 10:00 AM (PDT)
Agent: Tammy Petricka

Vendor Name: mcm construction, inc.

VBID: 306693 DRAFT bid
Enclosed is the bidding history report you requested. If you have additional questions or need further assistance please let us know.

REPORT
The Vendor Pressed the Place eBid button nine (9) times:
09/13/2022
7:47:10

AM (PDT)
09/13/2022
7:47:31

AM (PDT)
10/03/2022
10:00:52 AM (PDT)
10/03/2022
10:01:11 AM (PDT)
10/06/2022
7:04:19

AM (PDT)
10/06/2022
7:04:35

AM (PDT)
10/06/2022
7:05:59

AM (PDT)
10/06/2022
7:06:55

AM (PDT)
10/06/2022
8:31:19

AM (PDT)

If you have additional questions or need further assistance please let us know.

Vendor created a Draft on 10/06/2022 at 7:06:46 AM (PDT) Vendor last updated on 10/06/2022 9:49:40 AM (PDT
Vendor never pressed the Submit button.

Unfortunately, after Saving their draft at 8:48am, the vendor performed no trackable actions for over an hour. Their next activity was at 9:49 a.m., when they pressed Save again.

The bid closed at exactly 10:00 a.m. PDT. Right after the bid closed, the vendor checked the Bid Results.

Regards,
PlanetBids, Inc. Support Team
---- On Tue, 11 Oct 2022 14:36:27 -0700 PlanetBids
Inc. wrote ----

Dear Tammy Petricka,
PlanetBids has left the following comment on your ticket, #35947.

Bid Title: I-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II, PROJECT NO.

PW16-01, FEDERAL PROJECT NO. INFRALUL-5459(031
Bid ID: 97471
Agency: City of Temecula (14837)
Invitation #:

Issue Date: 08/29/2022 2:26 PM (PDT)
By Invitation: No
Response Format: Electronic
Stage: Closed
Bid Due Date: 10/06/2022 10:00 AM (PDT)
Agent: Tammy Petricka

Vendor Name: mcm construction, inc.

VBID: 306693 DRAFT bid
We have submitted a request for bidding history and any attempts to Save or submit or any errors.

We will respond again as by end of business today with a report through this support ticket.

Regards,
PlanetBids, Inc. Support Team

Item No. 10

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 25, 2022
SUBJECT: Receive and File Temporary Street Closures for 2022 Winterfest Events PREPARED BY: Anissa Sharp, Management Assistant
Nick Minicilli, Senior Traffic Engineer
RECOMMENDATION: That the City Council receive and file the temporary closure of certain streets for the following 2022 Winterfest Events:

HOLIDAY DECORATION INSTALLATION

PU'ESKA MOUNTAIN DAY

EMERGENCY PREPAREDNESS FAIR

SANTA' S ELECTRIC LIGHT PARADE

TEMECULA ON ICE

NEW YEAR'S EVE GRAPE DROP
BACKGROUND: Six special events are scheduled between November 2022 and January 2023 which necessitates the physical closure of all or portions of certain streets within the Old Town area and other streets throughout Temecula. These closures are necessary for event operation as well as to protect participants and viewers.

The six events and associated street closures are as follows:
1) HOLIDAY DECORATION INSTALLATION — November 12
The Holiday Decoration Installation will take place Saturday, November 12th in Old Town Temecula with street closures scheduled as follows:

Main Street
from the easterly driveway edge of
28636 Old Town Front Street
at Be Good Restaurant to Mercedes Street
7:00 a.m. on Saturday, November 12'
to
7:00 p.m. on Saturday, November 12th
Street closures for the Holiday Decoration Installation event are shown on Exhibit "A" attached hereto.

2) PU'kSKA MOUNTAIN DAY — November 1511
The Pu'6ska Mountain Day event will be held Tuesday, November 15th in the Town Square. This local holiday will be held at 4:30 p.m. to observe the culture of the Pechanga Band of Luiseiio Indians and the Sacred Creation Area of Pu'6ska Mountain. The street closures scheduled are shown below:

Main Street
from the easterly driveway edge of
Tuesday, November 15'
28636 Old Town Front Street
8:00 a.m. to 9:00 p.m.
at Be Good Restaurant to Mercedes Street
Mercedes Street
Tuesday, November 15t'
Third Street to Fourth Street
8:00 a.m. to 9:00 p.m.

Street closures for the Pu'6ska Mountain Day event are shown on Exhibit "A" attached hereto. 3) EMERGENCY PREPAREDNESS FAIR — November 19th
The Emergency Preparedness Fair will take place Saturday, November 19th at 9:00 AM in Old Town Temecula with street closures scheduled as follows:

Main Street
from the easterly driveway edge of
Saturday, November 19'
28636 Old Town Front Street
6:00 a.m. to 5:00 p.m.
at Be Good Restaurant to Mercedes Street
Mercedes Street
Saturday, November 19'
Third Street to Fourth Street
6:00 a.m. to 5:00 p.m.

Street closures for the Emergency Preparedness Fair event are shown on Exhibit "A" attached hereto.
4) SANTA'S ELECTRIC LIGHT PARADE — December 2nd
The Santa's Electric Light Parade event will be held Friday, December 2nd at 7:00 p.m. along Old Town Front Street. Traffic will be detoured around the event via Public Works traffic control signage and Police personnel with street closures as follows:
7:00 a.m. on Thursday, December 1st
Main Street to
Old Town Front Street to Mercedes Street
10:00 p.m. on Friday, December 2nd

Main Street
Friday, December 2nd
Old Town Front Street to Pujol Street
6:00 p.m. to 10:00 p.m.

Second Street, Third Street, Fourth
Street, Fifth Street, Sixth Street, Main
Friday, December 2nd
Street
6:00 p.m. to 10:00 p.m.

Mercedes Street to Murrieta Creek
Old Town Front Street
Friday, December 2nd
Rancho California Road to Santiago Road
6:00 p.m. to 10:00 p.m.

Old Town Front Street
Friday, December 2nd
Santiago Road to 28964 Old Town Front Street
7:00 p.m. to 11:00 p.m.

First Street/Santiago Road
Friday, December 2nd
Pujol Street to C Street
7:00 p.m. to 9:00 p.m.

Friday, December 2nd
Del Rio Road
4:00 p.m. to 10:00 p.m.

Friday, December 2nd
Las Haciendas Street
4:00 p.m. to 10:00 p.m.

Friday, December 2nd
Calle Cortez
4:00 p.m. to 10:00 p.m.

Jefferson Avenue
Friday, December 2nd
Southbound traffic from Overland Drive to Via
4:00 p.m. to 11:00 p.m.

Montezuma
Jefferson Avenue
Friday, December 2nd
Southbound traffic from Via Montezuma to
2:00 p.m. to 10:00 p.m.

Rancho California Road
Rancho California Road
Friday, December 2nd
Old Town Front Street to Diaz Road
7:00 p.m. to 9:00 p.m.

Street closures for Santa's Electric Light Parade event are shown on Exhibit "B" attached hereto. 5) TEMECULA ON ICE — December 15th to January 8th
(The Annual Holiday Season Ice Skating Rink in Old Town) The annual Temecula On Ice holiday ice skating rink at the Town Square Park will be open for

public use from Thursday, December 15, 2022 to Sunday, January 8, 2022. The actual duration of the road closures will be from Monday, December 5, 2022 to Friday, January 13, 2022. These additional days will allow for set-up and take -down of the temporary ice skating rink. It is necessary to close Mercedes Street during this period for the safety and protection of pedestrians crossing Mercedes Street from the parking structure and other parking areas across Mercedes Street. The street closures necessary are as follows:

Main Street
8:00 a.m. on Monday, December 5th
from the easterly driveway edge of
to
28636 Old Town Front Street
at Be Good Restaurant to Mercedes Street
4:00 p.m. on Friday, January 13tn
8:00 a.m. on Monday, December 5th
Mercedes Street
Third Street to Fourth Street
to
4:00 p.m. on Friday, January 13th
Street closures for the Temecula On Ice event are shown on Exhibit "A" attached hereto. 6) NEW YEAR'S EVE GRAPE DROP — December 31St
The annual New Year's Eve Grape Drop will be held Saturday, December 3I't at 6:00 p.m. at the Civic Center with street closures scheduled as follows:

Main Street 3:00 p.m. on Saturday, December 31St, 2022
Old Town Front Street to Mercedes Street to
1:30 a.m. on Sunday, January lst, 2023
Street closures for the New Year's Eve Grape Drop event are shown on Exhibit "A" attached hereto.

Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways," local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these events.

FISCAL IMPACT: The costs of police services, as well as services provided by the City Public Works Maintenance Division (for providing, placing and retrieving of necessary warning and advisory devices), are appropriately budgeted within the City's operating budget.

ATTACHMENTS: 1. Exhibit A — Winterfest Road Closures 2022 Holiday Decoration Installation, Pu'eska Mountain Day,
Emergency Preparedness Fair, Temecula On Ice and
New Year's Eve Grape Drop

2. Exhibit B — Santa's Electric Light Parade 2022 Road Closures

Winterfest Road Closures 2022
Exhibit A
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Winterfest Events
Holiday Decoration Installation
Main St
November 12th
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Pu'eska Mountain Day
November 15th
Emergency Preparedness Fair
November 19th
Temecula on Ice
December 15th—January 8th
New Year's Eve Grapedrop
December 31st
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Road Closures
Exhibit B

Santa's Electric Light Parade 2022
Road Closures
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Road Closure 7 - 9 PM - 12/2
Road Closure 7 - 11 PM - 12/2

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28964 Old Town Front St

Item No. 11

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
OCTOBER 11, 2022
CALL TO ORDER at 7:18 PM: Vice President Zak Schwank
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart (absent) 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 (4-0, Stewart absent): Motion by Edwards, Second by Rahn. The vote reflected unanimous approval with Stewart absent.

8. Approve Action Minutes of September 27, 2022
Recommendation: That the Board of Directors approve the action minutes of September 27, 2022.

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 7:20 PM, the Community Services District meeting was formally adjourned to Tuesday, October 25, 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. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: October 25, 2022
SUBJECT: Conduct Public Hearing, Adopt Resolution Making Certain Findings, and Adopt Ordinance No. 2022-12 Adopting the 2022 California Fire Code (Second Reading) PREPARED BY: Elsa Wigle, Assistant Fire Marshal
Wendy Miller, Management Analyst
RECOMMENDATION: That the City Council conduct a public hearing and adopt a resolution and ordinance entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA MAKING EXPRESS FINDINGS AND

DETERMINATIONS THAT MODIFICATIONS TO THE
CALIFORNIA FIRE CODE, 2022 EDITION, ARE

REASONABLY NECESSARY BECAUSE OF LOCAL

CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL

CONDITIONS
ORDINANCE NO. 2022-12

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 Ordinance No. 2022-12, 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: 1. Resolution

2. Ordinance

3. Notice of Public Hearing

RESOLUTION NO.2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA MAKING EXPRESS FINDINGS AND

DETERMINATIONS THAT MODIFICATIONS TO THE
CALIFORNIA FIRE CODE, 2022 EDITION, ARE

REASONABLY NECESSARY BECAUSE OF LOCAL

CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL

CONDITIONS

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

Section 1. Recitals
A. Certain building standards and other related model codes are adopted by the State of California in the California Building Standards Code and become applicable in the City unless amended by the City pursuant to Health and Safety Code Section 17958.

B. Health and Safety Code Section 17958.7 authorizes the City Council to make reasonably necessary changes or modifications to the State adopted building codes, including the California Fire Code, based on certain local conditions.

C. The Fire Chief of the City of Temecula has determined and recommended that the modifications to the California Fire Code, 2022 Edition, contained herein, are reasonably necessary due to local conditions.

D. Health and Safety Code Section 17958.7 and 18941.5 requires the City Council to make express findings of the necessity for modifications to the building standards contained in the California Fire Code, 2022 Edition.

Section 2. Resolution
A. The City Council of the City of Temecula hereby expressly finds that the amendments and modifications to the Temecula Municipal Code and the California Fire Code, CCR Title 24 Part 9, 2022 edition, contained in Ordinance No. 2022-12 regarding Section 15.16.020 Amendments as follows: Scope and Administration (A), Definitions (B), Open Flames (C), Fire Service Features (D), Building Services and Systems (E), Fire Protection Systems (F), High Piled Combustible Storage (G), Requirements for Wildland-Urban Interface fire Areas (H), and Appendices (I), are reasonably necessary due to consideration of specific local climatic, geological or topographical conditions as follows:

1. Climatic Conditions:

Generally Riverside County and the City of Temecula have an and climate.

Annual rainfall varies from 3 inches in Blythe to over 33 inches in Pine Cove.

Hot, dry Santa Ana winds are common to areas within Riverside County. These winds constitute a contributing factor, which causes small fires originating in high -density development presently being constructed in the County of Riverside and the City of Temecula, which spread quickly and create the need for an increased level of fire protection. This added protection, including, but not limited to on -site protection, will supplement normal fire Department response available in new development, and provide immediate fire protection for life and safety of multiple -occupancy occupants during fire occurrence.

2. Topographical Conditions:

Traffic and circulation congested in urban areas often place Fire Department response time to emergencies at risk. This condition makes the need for enhanced on -site protection for property occupants necessary.

3. Geological Conditions:

The City of Temecula is located in an area near high seismic activity. Because of the degree of the City's urbanization and close proximity to major fault lines, the risk of structural damage and loss of life due to ground shaking is considerable.

During a major earthquake, emergency resources would be extremely taxed, and the ability to respond to such emergencies would be complicated. Local standards in excess of statewide minimums will assist in reducing risks associated with earthquakes and the consequent disruption of traffic flow.

Section 3. Specific Amendments and References to Findings A. Local climatic, geographic and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity and size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary that provisions of the California Fire Code be modified to mitigate the effects of the above conditions.

California Health and Safety Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers.

Therefore, the City Council finds that the following table sets forth 2022 California Fire Code provisions constituting building standards that have been modified pursuant to Ordinance No. 2022-12, and the associated local climatic, geological and topographical conditions described above in Section 2 supporting modification.

CFC Section added or amended:

Specific Finding -- climatic (C) , topographical (T) and/or geological (G) conditions (Section 2):
2019 CODE SECTION

TITLE/SUBJECT
FINDINGS: C, T, G
101.4
Severability
Administrative
102.5
Application of the residential code

C,T & G
103.4
Liability
Administrative
104.1.1
Authority of the Fire Chief and Fire Department
Administrative
104.13
Authority of the Fire Chief to close hazardous fire areas Administrative
107.2
Schedule of Permit Fees
Administrative
107.7
Cost Recovery
Administrative
111.1
Board of Appeals
Administrative
202
Definitions
Administrative
308.1.6.3
Sky lanterns or similar devices

C, T & G
503.2.1
Dimensions

C, T & G
503.2.2
Authority
Administrative
503.2.3
Surface

C, T & G
503.2.5
Dead Ends
T & G
503.6.1
Automatic opener
Administrative
503.7
Loading areas and passenger drop-offs
Administrative
505.1
Address Identification
Administrative
507.5.7
Fire hydrant size and outlets
C & G
507.5.8
Fire hydrant street marker

C, T & G
508.1
General

C, T & G
508.1.1
Location and access.

C, T & G
508.1.3
Exception

C, T & G
508.1.6
Exception

C, T & G
508.1.8
Fire command center Identification

C, T & G
509.2.1
Minimum Clearances

C, T & G
509.3
Fire sprinkler system riser room

C, T & G
608.11.1.2
Manual operation
T & G
901.2.2
As-Built/Revised Documents

C, T & G
903.2
Where required (automatic sprinkler systems)

C, T & G
903.3.5.3
Hydraulically calculated systems
C & T
903.4.3
Floor Control Valves
C
904.2.2.1
Extinguishing system monitoring requirements
C
907.1.6
Fire Alarm Control Panel (FACP)
C
907.1.7
Notification appliance
C
907.1.8
Duct detectors
C
3204.2.1
Minimum requirements for client leased or occupant

C, T & G
4904.2.1
High Fire Hazard Severity Zone Maps
Administrative
Appendix B, B 105.2
Buildings other than one and two family dwellings

C, T & G
C103.1
Hydrant spacing
C. T & G

Section 4. The City Clerk shall certify the adoption of this Resolution and cause a certified copy of the same and Ordinance No. 2022-12 to be forwarded to the California Building Standards Commission.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of October, 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. 2022-12 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

ORDINANCE NO.2022-12

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 Title 15 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.

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 10 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 IF

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 25th day of October, 2022.

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. 2022-12 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27ffi 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 25th day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk
14 Notice of Public Hearing

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

Applicant: City of Temecula
Location: Citywide
Proposal: Adoption and Amendment of the 2022 California Fire Code

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
PLACE OF HEARING: City of Temecula, Council Chambers, 41000 Main St., Temecula, CA DATE OF HEARING: October 25, 2022
TIME OF HEARING: 6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.

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

The Code and amendments proposed to be adopted may be viewed at the public information counter, Temecula Civic Center, Fire 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 Elsa Wigle, Assistant Fire Marshal, City of Temecula Fire Department, (951) 240-4221 or elsa.wigle(D-temeculaca.gov.

Item No. 13

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: October 25, 2022
SUBJECT: Conduct Public Hearing, Adopt Resolution Making Certain Findings, and Adopt Ordinance No. 2022-13 Adopting the 2022 California Building Codes (Second Reading)
PREPARED BY: Brian Clements, Building Official
Sophia Lewing, Administrative Assistant
RECOMMENDATION: That the City Council conduct a public hearing and adopt a resolution and ordinance entitled:

RESOLUTION NO.2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA MAKING EXPRESS FINDINGS AND
DETERMINATIONS THAT MODIFICATIONS TO THE 2022
CALIFORNIA BUILDING CODE; CALIFORNIA
MECHANICAL CODE; CALIFORNIA PLUMBING CODE;
CALIFORNIA ELECTRICAL CODE; AND CALIFORNIA

RESIDENTIAL CODE, AS ADOPTED BY THE CITY OF

TEMECULA, ARE REASONABLY NECESSARY BECAUSE

OF LOCAL CLIMATIC, GEOLOGICAL AND/OR

TOPOGRAPHICAL CONDITIONS
ORDINANCE NO. 2022-13

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.

Ordinance No. 2022-13 was introduced and read at the September 27, 2022, City Council meeting.

FISCAL IMPACT: None
ATTACHMENTS: 1. Resolution

2. Ordinance

3. Notice of Public Hearing

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA MAKING EXPRESS FINDINGS AND

DETERMINATIONS THAT MODIFICATIONS TO THE
2022 CALIFORNIA BUILDING CODE; CALIFORNIA
MECHANICAL CODE; CALIFORNIA PLUMBING CODE;
CALIFORNIA ELECTRICAL CODE; AND CALIFORNIA

RESIDENTIAL CODE, AS ADOPTED BY THE CITY OF

TEMECULA, ARE REASONABLY NECESSARY BECAUSE

OF LOCAL CLIMATIC, GEOLOGICAL AND/OR

TOPOGRAPHICAL CONDITIONS

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

Section 1. Recitals.

A. Certain building standards and other related model codes are adopted by the State of California in the California Building Standards Code and become applicable in the City unless amended by the City pursuant to Health and Safety Code Section 17958.

B. Health and Safety Code Section 17958.7 authorizes the City Council to make reasonably necessary changes or modifications to the Codes comprising the 2022 California Building Standards Code, based on certain local conditions.

C. The Building Official of the City of Temecula has determined that the modifications to the 2022 California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and California Residential Code, referenced herein, are reasonably necessary due to local conditions.

D. Health and Safety Code Sections 17958.7 and 18941.5 require the City Council to make express findings of the necessity for modifications to the building standards contained in the Codes comprising the California Building Standards Code, as referenced herein.

Section 2. Resolution.

A. The City Council of the City of Temecula hereby expressly finds that the amendments and modifications to the Temecula Municipal Code and the California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and California Residential Code, 2022 edition, contained in Ordinance No. 2022-13, are reasonably necessary due to specific local climatic, geological and/or topographical conditions as follows:

1. Climatic Conditions:

Generally Riverside County and the City of Temecula have an and climate. Annual rainfall varies from 3 inches in Blythe to over 33 inches in Pine Cove. Hot, dry Santa Ana winds are common to areas within Riverside County. These winds constitute a contributing factor, which causes small fires originating in high -density development presently being constructed in the County of Riverside and the City of Temecula, which spread quickly and create the need for an increased level of building and fire protection. This added protection, including, but not limited to on -site protection, will supplement normal Fire Department response available in new development, and provide immediate fire protection for life and safety of multiple -occupancy occupants during fire occurrence

2. Topographical Conditions:

Traffic and circulation congested in urban areas often place Fire Department response time to emergencies at risk. This condition makes the need for enhanced on -site protection for property occupants necessary.

3. Geological Conditions:

The City of Temecula is located in an area near high seismic activity. Because of the degree of the City's urbanization and close proximity to major fault lines, the risk of structural damage and loss of life due to ground shaking is considerable.

During a major earthquake, emergency resources would be extremely taxed, and the ability to respond to such emergencies would be complicated. Local standards in excess of statewide minimums will assist in reducing risks associated with earthquakes and the consequent disruption of traffic flow.

Section 3. Specific Amendments and References to Findings.

A. Based upon the local climatic, geological, and topographical conditions described above, the City Council finds that the modifications to the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code and 2022 California Plumbing Code, all as contained in Ordinance No. 2022-13, is reasonably necessary in order to protect and preserve the public health, safety, and welfare.

California Health and Safety Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers.

Therefore, the City Council finds that the following table sets forth sections of the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code and 2022 California Plumbing Code constituting building standards that have been modified pursuant to Ordinance No. 2022-13, and the associated local climatic, geological and/or topographical conditions described above in Section 2 supporting modification.

N

CBC, CRC, CEC, CMC and CPC Section added or amended:

Specific Finding -- climatic (C) , topographical (T) and/or geological (G) conditions (Section 2):

CALIFORNIA

BUILDING CODE
2022 CODE SECTION

TITLE/SUBJECT
FINDINGS: C, T, G
105.2
Work exempt from permit
Administrative
105.3
Application for permit
Administrative
105.5
Expiration
Administrative
110.3.8
Fire- and smoke -resistant penetrations
C & T
111.1
Change of occupancy
Administrative
114.4.1
Civil penalty
Administrative
502.1
Address Identification
Administrative
901.2.1
As-Built/Revised Documents

C, T & G
903.2
Where required (automatic sprinkler systems)

C, T & G
903.3.5.3
Hydraulically calculated systems
C & T
903.4.3
Floor Control Valves
C
904.2.2.1
Extinguishing system monitoring requirements
C
907.1.6
Fire Alarm Control Panel (FACP)
C
907.1.7
Notification appliance
C
907.1.8
Duct detectors
C
1505.1
General
C & T
1907A.2
Additional Requirements

C, T & G
Appendices
A, B, D, E, G, H, I, J, K, L, M, N, O and P
Administrative

CALIFORNIA

RESIDENTIAL CODE

TITLE/SUBJECT
FINDINGS: C, T, G
2022 CODE SECTION
Appendices
All appendices except AX are deleted
Administrative
Appendix AX, Section
Swimming Pool Safety Act
Administrative
115922(a)

CALIFORNIA

ELECTRICAL CODE
2022 CODE SECTION

TITLE/SUBJECT
FINDINGS: C, T, G

90.4 Enforcement
Administration

90.8 Wiring Planning
C & G
110.5
Conductors

C, T & G
Table 300.5
Location of Wiring Method or Circuit

C, T & G
334.10
Use Permitted
Administration
690.4(A)
Photovoltaic Systems

C, T & G

CALIFORNIA

MECHANICAL CODE
2022 CODE SECTION

TITLE/SUBJECT
FINDINGS: C, T, G
104.5
Fees
Administration
106.3
Penalties
Administration
504.1
General
C & T

CALIFORNIA

PLUMBING CODE
2022 CODE SECTION

TITLE/SUBJECT
FINDINGS: C, T, G
106.3
Penalties
Administration
211.0
Indirect Waste Pipe
C & G
719.5
Access

C, T & G
1213.3.1
Testing

C, T & G
1211.8.1
Installation
T & G
Chapter 13
Adopted in its entirely
Administration
Appendices
A, B, D, H, IAPMO 31-2014 of Appendix I and J
Administration
Section 4. The City Clerk shall certify the adoption of this Resolution and cause a certified copy of the same and Ordinance No. 2022-13 to be forwarded to the California Building Standards Commission.

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

Matt Rahn, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

ORDINANCE NO.2022-13

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.

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
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.

G1

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.

M

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

ATTEST:

Randi Johl, City Clerk
[SEAL]
Matt Rahn, Mayor
12 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. 2022-13 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 25th day of October, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk
13 Notice of Public Hearing

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

Applicant: City of Temecula
Location: Citywide
Proposal: Adoption and Amendment of Codes Comprising the 2022 California Building Standards Code

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
PLACE OF HEARING: City of Temecula, Council Chambers, 41000 Main St., Temecula, CA DATE OF HEARING: October 25, 2022
TIME OF HEARING: 6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.

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

The Codes comprising the 2022 California Building Standards Code and proposed amendments 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 Brian Clements, Building Official, City of Temecula Building and Safety Department, (951) 506-5176 or brian.clements(a�-temeculaca.gov.

Item No. 14

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: October 25, 2022
SUBJECT: Receive and File Update Regarding County of Riverside Winchester Community Plan and Recent Development Applications in the Interstate (I-215) Policy Area Related to the 2003 Settlement Agreement and 2005 Cooperative Agreement Between the City of Temecula and County of Riverside
PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council receive and file the update on the County of Riverside's proposed Winchester Community Plan and recent development applications in the I- 215 Policy Area related to an increase of residential density by 33,000 units, traffic impacts, road and freeway mitigation measures, public service infrastructure, compliance with California Environmental Quality Act, and the 2003 Settlement Agreement and the 2005 Cooperative Agreement between the City of Temecula and the County of Riverside, and provide direction to staff.

BACKGROUND: The City of Temecula conducts regular external agency reviews of proposed projects, and public meeting agendas from surrounding jurisdictions and governmental agencies to monitor, and comment as necessary. The purpose of these reviews is to ensure that any potential project impacts are addressed. The City has a long history of requiring infrastructure be built before a private development project is constructed. Requiring infrastructure before project construction has been a major contributing factor to the high quality of life in Temecula.

During recent external agency reviews, staff identified several large projects in the County of Riverside that have the potential to cause significant and detrimental impacts to residents and businesses within the City of Temecula, as well as surrounding communities, and the entire region.

Recently identified projects located in the County of Riverside conflict with Riverside County General Plan policies. These Riverside County General Plan policies, (e.g., I-215 Policy Area) were developed as a result of litigation filed by the City of Temecula against the County of Riverside. That litigation specifically resulted in the 2003 Settlement Agreement and 2005 Cooperative Agreements between the County of Riverside and the City of Temecula. After further analysis City staff discovered that the proposed projects failed to comply with the 2003 Settlement

Agreement and 2005 Cooperative Agreement, as well as the California Environmental Quality Act (CEQA).

One of the most alarming discoveries was the potential for one of the proposed projects (the Winchester Community Plan) to add approximately 33,000 additional residential units in the unincorporated areas of Riverside County (I-215 Policy Area) in addition to the existing and previously entitled residential units in the geographic region. For comparison purposes, it must be noted that the City of Temecula has approximately 36,000 residential units. When analyzing potential mitigation for the Winchester Community Plan project, the mitigation was found to be missing and/or entirely inadequate. Just as concerning, the proposed project's public notices did not include any clear reference to the potential 33,000 units being proposed. The purpose of this update is to ensure that this crucial information is made available to the public and surrounding communities.

HISTORY
As development of Southwest Riverside County continued rapidly during the early 2000's, the open lands north of Temecula were still relatively undeveloped. The County of Riverside had been approving new development projects at a rapid pace. The City recognized that the amount of development that was planned in the County area was clearly out of sequence with the infrastructure in place. Without a clear County plan to fund and construct necessary infrastructure the development of the County approved projects would have resulted in severe traffic circulation problems within the City and the surrounding region.

The City of Temecula has been engaged in a long-term effort to require private development projects within the City boundary build infrastructure to mitigate projects impacts prior to projects being constructed. The City has also allocated and spent significant sums of public funds on traffic and transportation related capital improvement projects. Because the County of Riverside had not been requiring infrastructure prior to development and was not deploying sufficient public resources to mitigate the volume of development that was underway and approved in the late 1990's and early 2000's, the City concluded that without the County of Riverside appropriately addressing the impacts of development in the County area, all of the efforts of the City to strategically plan for and execute orderly development (specially traffic related improvements) would be for not. It was for this reason that the City initiated litigation against the County of Riverside.

The result of the litigation was a Settlement Agreement dated January 14, 2003, and a Cooperative Agreement dated November 14, 2006. Together these agreements required that the County of Riverside construct specific transportation infrastructure projects prior to the issuance building permits within the I-215 Policy Area. The Settlement and Cooperative Agreements also require that the County of Riverside maintain an accounting of all development previously constructed and projects under review as well as the progress of infrastructure projects outlined in the Settlement and Cooperative Agreements. The City has not received a response to repeated written request to County staff, including but not limited to correspondence dated September 6th and 23rd

of this year as well as two requests dated October 13, 2022, in which the City requested a full accounting of development activity, residential units constructed, and infrastructure completed.

Proposed Winchester Community Plan
The Winchester Community Plan Draft Programmatic Environmental Impact Report (PEIR) was discovered by Staff on August 12, 2022. Staff completed an initial review of the document and found it to be woefully inadequate as an informational document, key information necessary to allow for meaningful analysis of the impacts was excluded or omitted. Staff has a multitude of serious concerns about the PEIR as detailed in Exhibit D.

The City's primary concern is the incomplete and undecipherable project description, the project description includes a discussion of existing land uses and land use designations within the proposed Winchester Community Plan, but it does not include any mention of the actual proposed Winchester Community Plan policies or include the proposed land use and circulation plan. This is the most basic project information that must be included as part of the project description for any meaningful environmental analysis to occur. In the absence of this critical information, there is no way to conduct the required environmental analysis. Without a stable, clear and concise project description as required by CEQA Guidelines Section 15124, the City cannot perform meaningful environmental analysis.

The project would result in Significant and unavoidable impacts to Air Quality and Greenhouse Gas Emissions with the PEIR analysis concluding that "no mitigation measures are required" and appears to circumvent the required mitigation efforts of CEQA by relying on a statement of overriding consideration. Additionally, the PEIR concludes that there will be Significant and Unavoidable Impacts to: Noise and Vibration, Transportation, and Agriculture and Forestry Services all of which the City cannot analyze accurately due to the lacking project description, but again the County is relying on a statement of overriding consideration.

Additional County Development Projects
In addition to the Winchester Community Plan, the City has noted increased development in the I-215 Policy Area that seemingly violate the Settlement and Cooperative Agreements and CEQA, the City has provided comment letters accordingly.

Specifically:
• General Plan Amendment (GPA) No. 210001, Change of Zone No. 2100002, Tentative Tract Map No. 38034 and Plot Plan No. 210002
o An application to amend the General Plan and change the zoning designation (increase in density) utilizing a "density swap" mechanism to approve a 54-lot residential subdivision
• Pre -Application Review No. 220073
o An application for 2 industrial buildings totaling >400,000 square feet just north of Murrieta Hot Springs Road, within the City's Sphere of Influence (SOI)

• Pre -Application Review No. 220074
o An application for phase 1 a commercial shopping center totaling approx. 46,000 square feet
Conclusion
In developing the Winchester Community Plan and Draft PEIR the County has completely ignored its obligations under the Settlement and Cooperative Agreements. The development already approved and contemplated under the proposed Winchester Community Plan and other proposed development projects will directly result in adverse traffic impacts upon the City, the Winchester Community Plan Area and the cities surrounding the Winchester Community Plan Area (Murrieta, Menifee, Wildomar, Lake Elsinore, Canyon Lake, Hemet, Perris). There is no plan to finance the remaining Major Arterial Roads described in the Cooperative Agreement that are needed to mitigate the traffic impacts of residential units in the area under the existing General Plan. The County has not conducted a Freeway Study (as required by the Settlement and Cooperative Agreement) nor come up with a traffic mitigation plan for the additional 33,000 residential units in the new Winchester Community Plan.

The City of Temecula is seriously concerned that the nature of development and the seemingly blind eye turned toward the requirements of CEQA and the Settlement and Cooperative Agreements will result in dramatic traffic impacts to the City and surrounding communities from which the region may never recover. If development in the I-215 Policy area were allowed to continue unmitigated, the negative impacts to the Quality of Life enjoyed by the residents of Temecula would be forever altered and decades of proactive and strategic transportation planning work and infrastructure construction completed by the City would be entirely undermine.

FISCAL IMPACT: The fiscal impacts cannot be easy calculated due to the indecipherable project description, omission of land use tables, outdated assumptions and modeling software. However, the impacts would be substantial in both transportation facility expansion and increased maintenance costs. Currently there is no identified funding for transportation facilty construction or maintenance associated with the inevitable impacts of the proposed County of Riverside development projects.

ATTACHMENTS: 1. Exhibit A - Cooperative Agreement

2. Exhibit B - Amendment No. 1 to the Cooperative Agreement

3. Exhibit C - Settlement Agreement

4. Exhibit D - Winchester Community Plan Draft Programmatic Environmental Impact Report Letter dated September 23, 2022

f,-,ontract No.

Riverside Co. Transportation
AMENDMENT NO. 1
TO THE

COOPERATIVE AGREEMENT BETWEEN THE CITY OF

TEMECULA AND THE COUNTY OF RIVERSIDE TO

MITIGATE TRAFFIC IMPACTS IN WESTERN

RIVERSIDE COUNTY
This Amendment is made and entered into as of A rrc.,ql , 204 by and between the City of Temecula, a municipal corporation ("City"), and the County of Riverside ("County"), a public subdivision of the State of California ("County").

ARTICLE 1

RECITALS
This Agreement is made for the following purposes and with respect to the following facts, which the City and County agree to be true and correct:

On April 12, 2005, the City and the County of Riverside entered an agreement entitled:
"COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE

COUNTY OF RIVERSIDE TO MITIGATE TRAFFIC IMPACTS IN WESTERN RIVERSIDE COUNTY" ("COOPERATIVE AGREEMENT').

The COOPERATIVE AGREEMENT calls, among other things, for the City and the County to implement certain measures to mitigate the impact of new housing development on City and County arterial roads and highways within the boundaries of the I-215 Policy Area. ("The Measures").

The Measures call for the County to condition all County Land Use Applications authorizing the construction of residential dwelling units to be part of an appropriately funded financing mechanism (such as a Community Facilities District - CFD) that will build the major arterial road components identified in the COOPERATIVE AGREEMENT.

The County has been imposing conditions of approval that implement the requirements of the COOPERATIVE AGREEMENT.

Now that the City and the County have been implementing the terms of the COOPERATIVE AGREEMENT for over a year, they have identified modifications to the COOPERATIVE AGREEMENT that will facilitate implementation and enhance the timely delivery of transportation infrastructure.

In light of the above, the City and the County hereby wish to amend the COOPERATIVE AGREEMENT as follows:

I A Al 9 n inn`, —, su,

ARTICLE 2

COOPERATIVE AGREEMENT AMENDMENTS
Section 1. Exhibit A to the COOPERATIVE AGREEMENT, referenced in Section

1.8 thereof, is amended as shown in "Revised Exhibit A", which is attached hereto and incorporated herein by this reference. Revised Exhibit A modifies the boundaries of the original I-215 Policy Area to include the following sub -areas:
■ Newport Road/I-215 Interchange CFD — Sub -area A
■ Scott Road/I-215 Interchange CFD — Sub -area B
■ Clinton Keith Road Extension CFD — Sub -area C
■ Washington Street Construction --- Sub -area D
■ Clinton Keith Road Extension Fee Payment — Sub -area E ■ Newport Road Extension CFD — Sub -area F
■ Newport Road Realignment CFD — Sub -area G
The County shall use these sub -areas as a guideline in determining how County Land Use Applications should be conditioned.

Section 2. Section 1.9.9 of the COOPERATIVE AGREEMENT is amended to read as follows:
"1.9.9 `County Land Use Applications' is defined in Section 2.3.3 and shall mean any applications on which the County Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which would authorize, or conditionally authorize, the construction of dwelling units within the I-215 Policy Area, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone' changes, development agreements, subdivision maps and planned development permits. County Land Use Applications shall not include any applications for parcel maps that would result in the creation of four or fewer parcels, provided that the parcels created could not be further subdivided without a General Plan amendment. County Land Use Applications shall also not include any applications for minor changes to approved tentative tract maps that would add only one residential unit to the maps."
Section 3. Section 2.3.3 of the COOPERATIVE AGREEMENT is amended to read as follows:
"2.3.3 As used in this Agreement, County Land Use Applications shall mean any applications on which the County Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which would authorize, or conditionally authorize, the construction of dwelling units within the I-215 Policy Area, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits. County Land Use Applications shall not include any applications for parcel maps that would result in the creation of four or fewer parcels, provided that the parcels created could not be further subdivided without a General Plan amendment. County Land Use Applications shall also not include any applications for minor changes to approved tentative tract maps that would add only one residential unit to the maps."
2 Section 4. A new Section 1.9.19 is added to the COOPERATIVE AGREEMENT to read as follows:
"1.9.19 `Subdivision map extension application' shall mean an application to extend the time available to record a final map." Section 5. A new Section 1.9.20 is added to the COOPERATIVE AGREEMENT to read as follows:
"1.9.20 `TUMF' shall mean the Transportation Uniform Mitigation Fee adopted by the Western Riverside Council of Governments and its member jurisdictions (including the City and the County), as subsequently amended." Section 6. Existing Section 1.9.19 is renumbered Section 1.9.21.

Section 7. A new Section 2.2.1 is added to the COOPERATIVE AGREEMENT to read as follows:
"2.2.1 To facilitate the formation of financing mechanisms, the County has implemented Section 2.2 of the COOPERATIVE AGREEMENT such that subdivision maps are required to comply therewith prior to recordation of a final map.

Notwithstanding the County's implementation procedure, the City and County recognize that certain subdivision maps were tentatively approved prior to adoption of the COOPERATIVE AGREEMENT, but have not recorded for a variety of reasons.

Recognizing that substantial time and money have been invested in these maps and that their recordation may be further delayed by the requirements of the COOPERATIVE AGREEMENT as implemented by the County, the County has developed the alternative procedure set forth in Section 2.2.2 that will allow these maps to record while still securing the funding necessary for the needed transportation improvements." Section 8. A new Section 2.2.2 is added to the COOPERATIVE AGREEMENT to read as follows:
"2.2.2 In considering a subdivision map extension application for any map tentatively approved prior to the effective date of the COOPERATIVE AGREEMENT (April 12, 2005), the County may, at the request of the subdivider, conditionally approve the application to require the subdivider to pay (a) the applicable TUMF at the earliest date allowed by the TUMF Ordinance and (b) an early recordation fee, which shall be 50% of the TUMF in effect at the time of recordation. The County shall earmark the early recordation fee for use only on the major arterial road that most benefits the subdivision, as deternuned by the County. This alternative procedure is purely voluntary and any subdivider choosing not to request it shall be subject to all other terms of the COOPERATIVE AGREEMENT as implemented by the County." Section 9. Section 5.2 of the COOPERATIVE AGREEMENT is amended to read as follows:
"5.2 The City shall have the right to refile the Litigation, subject to the provisions of Sections 5.2.1 through 5.2.6, inclusive, in the event that: (1) the County 91 does not, within four (4) months of the effective date of Amendment No. I to the COOPERATIVE AGREEMENT, complete the staff work required for the County General Plan Amendment, including necessary environmental documentation, and set a public hearing date before the Planning Commission; (2) the County does not, for any reason, adopt the County General Plan Amendment within eight (8) months of the effective date of Amendment No. 1 to the COOPERATIVE AGREEMENT; or (3) the County does not adopt the jointly developed Freeway Action Plan described in Section

4.4 within one (1) year after completion of the Freeway Strategic Study described in Section 4.2."
ARTICLE 3

NIISCELLANEOUS
The parties hereto represent and warrant to each other that they have full authority to execute this Agreement.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument.

The effective date of this Agreement is the date the parties sign the Agreement. If the parties sign the Agreement on more than one date, then the last date the Agreement is signed by a party shall be the effective date.

IN WITNESS WHEREOF, the undersigned have executed this Agreement in the State of California.

CITY OF TEMECULA
Mayor Ron Roberts
Attest:
0 Approved as to Form
City Attorney Peter M. Thorson

COUNTY OF
E

RMAN, BOARD OF SUPERVISORS
Attest:

Nancy Romero, Clerk of the Board of Supervisors
By
Deputy Clerk
Approved as to Form
Joe Rank, County Counsel
By: �A L-A�
Katherine A. Lind
Principal Deputy County Counsel
5 .IAN 3 0 2006 3.34-

U
Sub -area

COOPERATIVE AGREEMENT BETWEEN THE CITY OF

TEMECULA AND THE COUNTY OF RIVERSIDE TO

MITIGATE TRAFFIC IMPACTS IN WESTERN

RIVERSIDE COUNTY
This Agreement is made and entered into as of April 1a, 2005 by and between the City of Temecula, a municipal corporation ("City"), and the County of Riverside, a public subdivision of the State of California ("County"). In consideration of the mutual promises set forth herein, the City and County agree as follows:

ARTICLE 1

RECITALS
This Agreement is made for the following purposes and with respect to the following facts, which the City and County agree to be true and correct:

1.1 Since 1999, the County has been engaged in a project known as the Riverside County Integrated Project (the "RCIP"), which initially consisted of proposals for the Community and Environmental Transportation Acceptability Process (the "CETAP"), the Western Riverside County Multi -Species Habitat Conservation Plan ("MSHCP"), and an updated general plan to replace the County general plan adopted in 1984. The CETAP has not yet been adopted. The MSHCP has been adopted by the County and the member agencies. The State and Federal agencies have also approved the MSHCP and issued the necessary permits for the MSHCP.

1.2 On October 7, 2003, the County adopted its Resolution No. 2003-487, approving a new General Plan (the "General Plan") to replace the prior general plan approved in 1984 and adopted Resolution No. 2003-488 adopting and certifying a Final Environmental Impact Report for the General Plan ("FEIR" ). The General Plan designates land uses for the unincorporated areas of the County. The General Plan also describes the infrastructure necessary to serve the designated land uses.

1.3 The City is located in southwestern Riverside County. Two major highways traverse the City, State Route 79 North (Winchester Road) and State Route 79 South, and connect to Interstate 15. The City has improved these roads from two lanes to six lanes in order to accommodate the growth within the City. These roads also serve the unincorporated areas of the County surrounding the City.

1.4 During the public hearing process, the City commented extensively on the proposed General Plan. The City contends, among other things, that the General Plan fails to adequately provide for construction of the traffic improvements required to serve the dwelling units proposed by the General Plan and, therefore, fails to mitigate the traffic impacts created by the General Plan; that the General Plan deficiencies are of particular concern to the City because traffic generated in the Southwest area of the County will severely impact the City unless certain 779861.6 April 1, 2005

traffic improvements are built concurrently with the proposed dwelling units; and that no adequate mechanism exists in the General Plan to ensure that traffic mitigation measures identified in the General Plan and the FEIR are in place before the dwelling units creating the need for the mitigation measures are constructed. The County disputes the City's contentions.

1.5 On November 5, 2003, the City filed a Petition for Writ of Mandate in Riverside Superior Court challenging the legality and validity of the General Plan and the FEIR. The action is entitled "City of Temecula v. County of Riverside; Board of Supervisors of the County of Riverside," Riverside County Superior Court Case No. RIC 402766 ("Litigation"). The County disputes the City's contention that the General Plan and FEIR are invalid.

1.6 Despite their differences in the Litigation, the City and County desire to cooperatively work together in an effort to improve the highway infrastructure in Western Riverside County for the benefit of all current and future residents of the County. The City and County acknowledge that providing adequate traffic infrastructure for Western Riverside County involves complex engineering, environmental and financial challenges requiring the full cooperation of all federal, state and Iocal governmental agencies, but will provide substantial public benefits for the City, County and the people living and working in the City and the County.

1.7 This Agreement sets forth the framework for a major cooperative effort by the City and the County to provide the traffic infrastructure required for new housing development in Western Riverside County before the creation of actual traffic impacts.

1.8 This Agreement specifically addresses impacts of the General Plan on Major Arterial Roads in Southwest Riverside County in the specific area to be known as the "I-215 Policy Area." This Agreement also specifically addresses impacts of the General Plan on freeways in the "Western Riverside County Area". For the purposes of this Agreement, the "I- 215 Policy Area" shall be the area described in and shown on Exhibit A and the "Western Riverside County Area" shall be the area described in and shown on Exhibit D.

1.9 The terms described below shall have the following meanings unless otherwise noted in the Agreement:

1.9.1 "Appropriately formed and ftilly funded financing mechanism" is defined in Section 2.3.4 and Section 3.3.4 and shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed and which is fully funded to provide for the immediate construction of the Major Arterial Roads required to mitigate project -related traffic impacts. "Appropriately formed financing mechanism" is defined in Section 2.3.4 and Section 3.3.4 and shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed to provide for the construction of the Major Arterial Roads required to mitigate project -related traffic impacts.

1.9.2 "Best efforts" County is defined in Section 2.3.2 and Section 2.3.7. As used in Section 2.3.2, "best efforts" shall mean that the County shall initiate proceedings to amend the General Plan as described in Section 2.1 and shall diligently process the proposed 779861.6 April 1, 2005 2

General Plan Amendment to completion in accordance with all applicable laws, subject to the County's legislative discretion as more particularly described in Section 2.3.5. As used in Section 2.3.7, "best efforts" shall mean that the County shall, at the time an appropriately formed financing mechanism is in place and sufficient funds are available, diligently undertake, without unnecessary delay, all the actions required to enable construction of the Major Arterial Roads, including, but not limited to, preparing and processing the required environmental documentation, design documentation and plans and specifications. As used in Section 2.3.7, "best efforts" shall further mean that the County shall, at the time an appropriately formed and fully funded financing mechanism is in place, diligently initiate and complete construction of the Major Arterial Roads.

1.9.3 "Best efforts" City is defined in Section 3.3.2, and shall mean that the City shall initiate proceedings to amend the General Plan as described in Section 3.1 and shall diligently process the proposed General Plan Amendment to completion in accordance with all applicable laws, subject to the City's legislative discretion as more particularly described in Section 3.3.6.

1.9.4 "City" shall mean the City of Temecula.

1.9.5 "Cif General Plan Amendment" shall mean the proposed amendment to the Temecula General Plan described in Section 3.1.

19.6 "City Land Use Applications" is defined in Section 3.3.3 and shall mean any applications on which the City Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which, would authorize or conditionally authorize the construction of dwelling units within the City, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits.

1.9.7 "County" shall mean the County of Riverside.

1.9.8 "County General Plan Amendment" shall mean the proposed amendment to the Riverside County General Plan described in Section 2.1.

1.9.9 "County Land Use Applications" is defined in Section 2.3.3 and shall mean any applications on which the County Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which, would authorize or conditionally authorize the construction of dwelling units within the I-215 Policy Area, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits.

1.9.10 "Effective date of this Agreement" shall mean the date described in Section 6.11.
779861.6 April 1, 2005 3

1.9.11 "General Plan" shall mean the Riverside County General Plan approved by Resolution No. 2003-487 of the Board of Supervisors of Riverside County on October 7, 2003.

1.9.12 "Freeway" shall mean the I-15 Freeway and the I-215 Freeway within the Western Riverside County Area.

1.9.13 "Freeway Action Plan" shall mean the action plan described in Section

4.4 which shall be negotiated by the City and County following receipt of the Freeway Strategic Study.

1.9.14 "Freeway. Strategic Study_" shall mean the study described in Section

4.1 to set specific goals for the development of the freeway capacity necessary to meet the traffic generated by new housing development in the Western Riverside County Area and to establish the framework for the joint efforts of the City, County, and other federal, state and local agencies to implement the goals and establish the necessary freeway capacity.

1.9.15 "I-215 Policy Area" is defined in Section 1.8 and shall mean the area in Southwest Riverside County described in and shown on Exhibit A.

1.9.16 "Liti ag tion" shall mean the Petition for Writ of Mandate filed by the City on November 5, 2003 in Riverside Superior Court, entitled "City of Temecula v. County of Riverside; Board of Supervisors of the County of Riverside," Riverside County Superior Court Case No. RIC 402766, challenging the legality and validity of the General Plan and the FEIR.

1.9.17 "Major Arterial Roads" is defined in Section 2.3.1 and Section 3.3.1 and shall mean those roadway projects identified in Exhibit B.

1.9.18 "Priority Phasing Program" shall mean the program described in Exhibit C.

1.9.19 "Western Riverside County Area" shall mean the area described in and shown on Exhibit D.

ARTICLE 2

MEASURES TO MITIGATE THE IMPACT OF NEW HOUSING

DEVELOPMENT ON COUNTY ARTERIAL ROADS AND HIGHWAYS

2.1 The County shall use its best efforts to amend the General Plan so that it contains: (1) a policy indicating that the Major Arterial Roads within the I-215 Policy Area shall be constructed and completed concurrently with the construction of the dwelling units creating the demand for the Major Arterial Roads; and (2) a requirement that all land use applications approved by the County within the I-215 Policy Area ("County Land Use Applications") shall contain a condition, in addition to all other appropriate conditions, that building permits shall not 779861.6 April], 2005

be issued until (a) the subject property is part of an appropriately formed and fully funded financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project or (b) the subject property is part of an appropriately formed financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project and the property owner pays its full proportionate share of the required improvements to the County in trust for the construction of the Major Arterial Roads which will mitigate the traffic impacts of the project or (c) the County otherwise funds or constructs the required improvements using money from other sources. The General Plan Amendments described in this section shall be known as the "County General Plan Amendment."

2.2 All County Land Use Applications approved by the County after the effective date of this Agreement shall contain a condition of approval requiring that building permits shall not be issued until (a) the subject property is part of an appropriately formed and fully funded financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project or (b) the subject property is part of an appropriately formed financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project and the property owner pays his/lier/its full proportionate share of the required improvements to the County in trust for the construction of the Major Arterial Roads which will mitigate the traffic impacts of the project or (c) the County otherwise funds or constructs the required improvements using money from other sources.

2.3 The County, to the extent allowed by law, shall facilitate and promote the proceedings necessary to complete processing of the County General Plan Amendment as set forth in Section 2.1 and the County shall diligently process the County General Plan Amendment, including necessary environmental actions without unnecessary delay.

2.3.1 As used in this Agreement, "Major Arterial Roads" shall mean those roadway projects identified in Exhibit B.

2.3.2 As used in Sections 2.1, "best efforts" shall mean that the County shall initiate proceedings to amend the County General Plan as described in Section 2.1 and shall diligently process the proposed Amendment to completion in accordance with all applicable laws, subject to the County's legislative discretion as more particularly described in Section

2.3.5. 2.3.3 As used in this Agreement, County Land Use Applications shall mean any applications on which the County Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which, would authorize or conditionally authorize the construction of dwelling units within the I-215 Policy Area, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits.

2.3.4 As used in this Agreement, "appropriately formed and fully funded financing mechanism" shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed and which is fully funded to provide 779861.6 April 1, 2005 5

-0 0
for the immediate construction of the Major Arterial Roads required to mitigate project -related traffic impacts.. As used in this Agreement, "appropriately formed financing mechanism" shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed to provide for the construction of the Major Arterial Roads required to mitigate project -related traffic impacts..

2.3.5 The Parties understand and acknowledge that, in the context of processing the County General Plan Amendment and the County Land Use Applications, the County cannot guarantee the ultimate outcome of any public hearings before the County Planning Commission or the County Board of Supervisors or other public bodies of the County, nor prevent any opposition thereto by members of the public or other agencies affected by or interested in the County General Plan Amendment and the County Land Use Applications. The Parties further understand and acknowledge that land use regulations involve the exercise of the County's police power and, at the time of executing this Agreement, it is settled California law that government may not contract away its right to exercise its police power in the future. Avco Communitv Developers Inc. v. South Coast Regional Com., 17 Ca1.3d 785, 800 (1976); City of Glendale v. Su erior Court, 18 Cal.AppAth 1768 (1993). The parties further understand and acknowledge that the approval of the County General Plan Amendment and the County Land Use Applications may be subject to procedural or substantive obligations under the California Environmental Quality Act, the State Planning and Zoning Law, or other laws potentially applicable to such approvals. Nothing in this Agreement is intended to constrain the County's consideration of the County General Plan Amendment and the County Land Use Applications in light of the information obtained or developed pursuant to these laws and the County retains the discretion to approve, conditionally approve, or disapprove the County General Plan Amendment and the County Land Use Applications in light of such information. Subject to the foregoing, the County, to the extent allowed by law, shall facilitate and promote the proceedings necessary to complete processing of the County General Plan Amendment as set forth in this section, and the County shall diligently process the County General Plan Amendment, including all necessary environmental actions without unnecessary delay.

2.3.6 The County shall send to the City a public hearing notice for all County Land Use Applications that require a hearing before the County Planning Commission or the County Board of Supervisors.

2.3.7 The County shall use its best efforts to complete the Major Arterial Roads pursuant to the Priority Phasing Program, attached hereto as Exhibit C. As used in this section, "best efforts" shall mean that County shall, at the time an appropriately formed financing mechanism is in place and sufficient funds are available, diligently undertake, without unnecessary delay, all the actions required to enable construction of the Major Arterial Roads, including, but not limited to, preparing and processing the required enviromnental documentation, design documentation and plans and specifications. As used in this, section "best efforts" shall further mean that the County shall, at the time an appropriately formed and fully funded financing mechanism is in place, diligently initiate and complete construction of the Major Arterial Roads.
779861.6 April 1, 2005 6

ARTICLE 3

MEASURES TO MITIGATE THE IMPACT OF NEW HOUSING

DEVELOPMENT ON CITY ARTERIAL ROADS AND HIGHWAYS

3.1 The City shall use its best efforts to amend the City's General Plan so that it contains: (1) a policy indicating that the Major Arterial Roads within the City shall be constructed and completed concurrently with the construction of the dwelling units creating the demand for the Major Arterial Roads; and (2) a requirement that land use applications approved by the City within the City ("City Land Use Applications") shall contain a condition, in addition to all other appropriate conditions, that building permits shall not be issued until (a) the subject property is part of an appropriately formed and fully funded financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project or (b) the subject property is part of an appropriately formed financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project and the property owner pays its full proportionate share of the required improvements to the City in trust for the construction of the Major Arterial Roads which will mitigate the traffic impacts of the project or (c) the City otherwise funds or constructs the required improvements using money from other sources. The City General Plan Amendments described in this section shall be known as the "City General Plan Amendment."

3.2 All City Land Use Applications approved by the City after the effective date of this Agreement shall contain a condition of approval which requires that building permits shall not be issued until (a) the subject property is part of an appropriately formed and fully funded financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project or (b) the subject property is part of an appropriately formed financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project and the property owner pays his/her/its full proportionate share of the required improvements to the City in trust for the construction of the Major Arterial Roads which will mitigate the traffic impacts of the project or (c) the City otherwise funds or constructs the required improvements using money from other sources.

3.3 The City, to the extent allowed by law, shall facilitate and promote the proceedings necessary to complete processing of the City General Plan Amendment as set forth in Section 3.1, and the City shall diligently process the City General Plan Amendment, including necessary environmental actions without unnecessary delay.

3.3.1 As used in this Agreement, "Major Arterial Roads" shall mean those roadway projects identified in Exhibit B.

3.3.2 As used in Sections 3.1, "best efforts" shall mean that the City shall initiate proceedings to amend the City General Plan as described in Section 3.1 and shall diligently process the proposed Amendment to completion in accordance with all applicable laws, subject to the City's legislative discretion as more particularly described in Section 3.3.5. 779861.6 April 1, 2005

3.3.3 As used in this Agreement, City Land Use Applications shall mean any applications on which the City Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which, would authorize or conditionally authorize the construction of dwelling units within the City, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits.

3.3.4 As used in this Agreement, "appropriately formed and fully funded financing mechanism" shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed and which is fully funded to provide for the immediate construction of the Major Arterial Roads required to mitigate project -related traffic impacts. As used in this Agreement, "appropriately formed financing mechanism" shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed to provide for the construction of the Major Arterial Roads required to mitigate project -related traffic impacts..

3.3.5 The Parties understand and acknowledge that, in the context of processing the City General Plan Amendment and the City Land Use Applications, the City cannot guarantee the ultimate outcome of any public hearings before the City Planning Commission or the City Council or other public bodies of the City, nor prevent any opposition thereto by members of the public or other public agencies affected by or interested in the City General Plan Amendment and the City Land Use Applications. The Parties further understand and acknowledge that land use regulations involve the exercise of the City's police power and, at the time of executing this Agreement, it is settled California law that government may not contract away its right to exercise its police power in the future. Arco Community Developers Inc. v.

South Coast Regional Corn., 17 Cal.3d 785, 800 (1976); City of Glendale v. Superior Court, 18 Ca1.App.4th 1768 (1993), The parties further understand and acknowledge that the approval of the City General Plan Amendment and the City Land Use Applications may be subject to procedural or substantive obligations under the California Environmental Quality Act, the State Planning and Zoning Law, or other laws potentially applicable to such approvals. Nothing in this Agreement is intended to constrain the City's consideration of the City General Plan Amendment and the City Land Use Applications in light of the information obtained or developed pursuant to these laws and the City retains the discretion to approve, conditionally approve, or disapprove the City General Plan Amendment and the City Land Use Applications in light of such information. Subject to the foregoing, the City, to the extent allowed by law, shall facilitate and promote the proceedings necessary to complete processing of the City General Plan Amendment as set forth in this section, and the City shall diligently process the City General Plan Amendment, including all necessary environmental actions without unnecessary delay.

3.3.6 The City shall send to the County a public hearing notice for all City Land Use Applications that require a hearing before the City Planning Commission or the City Council.
779861.6 April 1, 2005 8

ARTICLE 4

MEASURES TO MITIGATE THE IMPACT OF NEW HOUSING

DEVELOPMENT ON WESTERN RIVERSIDE COUNTY AREA FREEWAYS

4.1 The City and the County shall jointly request that the Riverside County Transportation Commission ("RCTC") prepare a Freeway Strategic Study for the Western Riverside County Area which shall examine the freeway capacity, set specific goals for the development of the freeway capacity necessary to accommodate the trips generated by new housing development and establish the framework for the joint efforts of the City, County and other federal, state and local agencies to implement the goals and establish the necessary freeway capacity. The Joint Request for the Freeway Strategic Study shall ask that the Freeway Strategic Study be completed within four (4) months of the date of submittal of the Joint Request. The Joint Request shall be submitted to RCTC within thirty (30) days of the effective date of this Agreement. The parties authorize the Mayor of the City and the Chairperson of the Board of Supervisors to execute the Joint Request on behalf of their respective agencies.

4.2 The Freeway Strategic Study shall specifically study and analyze the following issues: (1) the current capacities of the freeways within Western Riverside County Area ("Freeways"); (2) the projected traffic growth projections for the Freeways as of January 1 in the years 2010, 2015, 2020, 2025 and 2030, based upon assumptions concerning the build -out of new housing as described in Exhibit E; (3) the percentage of traffic growth for the Freeways in those years attributable to new housing development in the Western Riverside County Area; (4) the currently proposed improvements for the Freeways; (5) the current funding options for the currently proposed improvements for the Freeways; and (6) the potential funding sources for improvements necessary to meet the projected traffic growth for the Freeways at build -out of the Western Riverside County Area.

4.3 The City and the County shall share equally in the costs incurred by RCTC in preparing the Freeway Strategic Study.

4.3.1 The County shall invoice the City for the City's share of the RCTC costs and the City shall pay such invoice within thirty (30) days of the date the invoice is deemed given under Section 6.7 of this Agreement.

4.3.2 During the course of RCTC's work on the Freeway Strategic Study, the City, the County and RCTC staff shall meet monthly to discuss the progress of the work and to review any additional work which may need to be undertaken by the consultant.

4.4 Following completion of the Freeway Strategic Study, the City and County shall meet and negotiate in good faith to develop a Freeway Action Plan for funding the freeway improvements necessary to meet the expected demand as determined by the Freeway Strategic Study. As part of the development of the Freeway Action Plan, the City and the County shall also form a Freeway Task Force composed of private and public stakeholders to build consensus 779861.6 April 1, 2005 9

and secure participation of other Western Riverside County Area Cities in the Freeway Action Plan. The Freeway Task Force shall specifically include, but shall not be limited to, a representative from each of the following: the City and the County, RCTC, the Western Riverside Council of Governments ("WRCOG'), the development community and the environmental community.

4.5 In the event a third party files litigation concerning the Freeway Strategic Study or the Freeway Action Plan, or any portion thereof, the City and the County shall share equally in the costs of defending the litigation, provided the City's share shall not exceed the maximum sum of one hundred fifty thousand dollars ($150,000.00).

4.6 Ad hoe subcommittees of the City Council and the County Board of Supervisors, along with their staffs, shall meet monthly to review the progress of the proposed General Plan Amendment (Section 2.1), the conditions of approval for the County and City Land Use Applications (Section 2.2 and Section 3.2) and the Freeway Strategic Study (Section 4.1).

ARTICLE 5

SETTLEMENT OF LITIGATION

5.1 The City shall dismiss without prejudice the Litigation within twenty- five (25) days of the effective date of this Agreement, subject to the City's right to refile the Litigation as provided in this Agreement.

5.2 The City shall have the right to refile the Litigation, subject to the provisions of Sections 5.2.1 through 5.2.6, inclusive, in the event that: (1) the County does not, within three (3) months of the effective date of this Agreement, complete the staff work required for the County General Plan Amendment, including necessary environmental documentation, and set a public hearing date before the Planning Commission; (2) the County does not, for any reason, adopt the County General Plan Amendment within nine (9) months of the effective date of this Agreement; or (3) the County does not adopt the jointly developed Freeway Action Plan described in Section

4.4 within one (1) year after completion of the Freeway Strategic Study described in Section 4.2.

5.2.1 The City's right to refile the Litigation shall expire one (1) year and thirty (30) days after completion of the Freeway Strategic Study. As used in this Agreement, "completion of the Freeway Strategic Study" shall mean the date RCTC transmits the final version of the Freeway Strategic Study to the City Council and the County Board of Supervisors.

5.2.2 In the event the City exercises its right to refile the Litigation, the refiled lawsuit shall not challenge the General Plan except with respect to the analysis of traffic impacts, including mitigation measures associated with such impacts, within the Third Supervisorial District of the County, as that District was configured on the effective date of this Agreement.

5.2.3 The prayer clause in the refiled Litigation shall request relief only with respect to the General Plan as it applies and relates to traffic impacts within the Third 779861.6 April 1, 2005 10

Supervisorial District. The prayer clause shall specifically state that the City does not request that the Court set aside the General Plan in its entirety. All pleadings, briefs, arguments and proposed orders filed by the City addressing the scope of relief, including proceedings pursuant to Public Resources Code Section 21168.9, shall be consistent with this provision.

5.2.4 The County specifically agrees that the City shall have the right to refile the Litigation pursuant to the terms of this Agreement notwithstanding the applicable statute of limitations governing legal challenges to the General Plan and agrees to toll the statute of limitations for a legal challenge to the General Plan so as to enable the City to exercise its rights under this Agreement. Pursuant to this Agreement, the County does not toll or waive the defense of the statute of limitations as to any persons, agencies or entities other than the City.

5.2.5 The County further agrees, on behalf of itself and any successors or assigns, that in the event the Litigation is refiled the County will not raise any applicable statute of limitations as a defense to the refiled Litigation and will allow the City to proceed with prosecution of the refiled Litigation subject to the restrictions set forth in this Agreement.

5.2.6 Subject to the restrictions set forth in Section 5.2.2 and Section 5.2.3, nothing herein is intended to, nor shall it be construed to, prohibit the City from challenging a project approved by the County on the grounds that the project fails to comply with the California Environment Quality Act, or other laws.

5.3 If the County adopts the jointly developed Freeway Action Plan, then, and only then, shall Sections 5.3.1 through 5.3.6 become operative. As used in this Agreement, "adopts the jointly developed Freeway Action Plan" shall mean the County adopts a resolution approving the Freeway Action Plan. The County is -not required to adopt or otherwise implement the specific measures described in the Freeway Action Plan in order to obtain the benefits conferred by Sections 5.3.1 through 5.3.6.

5.3.1 Within twenty (20) days after the County adopts the jointly developed Freeway Action Plan, the City shall file with the Court a request for dismissal, with prejudice, of the Litigation.

5.3.2 Each party shall bear its own attorney fees and expenses in the Litigation.

5.3.3 In consideration of the promises of the parties specified in this Agreement and the satisfaction of the conditions for settlement, the parties shall fully and forever release, acquit, and discharge each other, their officers, elected officials, attorneys, sureties, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors, successors - in -interest, assigns, and all persons acting by, through, under or in concert with them of and from any and all past, present, or future claims, demands, obligations, actions, causes of action, including those for damages, injunctive or declaratory relief, or for relief by way of writ of mandate, for costs, losses of service, expenses, liability, suits, and compensation of any nature whatsoever, whether based on tort, contract, or other theory of recovery, known or unknown, that they now have, have had, asserted or could have asserted in the Litigation or otherwise relate to the alleged actions or inactions of the County with respect to the Litigation. Nothing contained 779861.6 April 1, 2005 11

herein shall relieve any party hereto of its continuing obligations imposed by law or by the provisions of this Agreement, including, without limitation, the Judgment in the case of Endangered Habitats League v. County of Riverside (Domenigoni-Barton Properties), Riverside County Superior Court Case No. RIC 369801, consolidated with City of Temecula v. County of Riverside (Domenigoni-Barton Properties) Riverside County Superior Court Case No. RIC 369989.

5.3.4 The parties hereto acknowledge that they are familiar with Section 1542 of the California Civil Code which provides:
"A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The parties being aware of the aforesaid code section, each hereby expressly waives any rights they might have hereunder. This release shall not operate to release any claims the parties may later have for the enforcement of the obligations created by this Agreement.

5.3.5 The City warrants and represents to the County that it has not assigned, conveyed or otherwise transferred any of its rights to the claims described in or arising out of the Litigation to any other person, entity, firm or corporation not a party to this Agreement, in any manner, including by way of subrogation or operation of law or otherwise. In the event that any claim, demand or suit is made or instituted against the County because City made an actual assignment or transfer, City agrees to indemnify and hold the County harmless against such claim, and to pay and satisfy any such claim, including necessary expenses of investigation, reasonable attorneys' fees and costs.

5.3.6 The County warrants and represents to the City that the execution and delivery of this Agreement by County will not (i) violate any judgment, order, injunction, decree, regulation or ruling of any court or governmental entity or (ii) conflict with, result in a breach of, or constitute a default under any material agreement or instrument to which the County is a party or by which the County may be bound.

ARTICLE 6

MISCELLANEOUS

6.1 This Agreement contains the complete expression of the whole agreement between the parties hereto, and there are no promises, representations, agreements, warranties or inducements, either expressed verbally or implied, except as are fully set forth herein. This Agreement cannot be enlarged, modified, or changed in any respect except by written agreement between the parties.

6.2 Each and all of the covenants, conditions and restrictions in this Agreement shall 779861.6 April 1, 2005 12

inure to the benefit of and shall be binding upon the parties, their successors -in -interest, agents, representatives, assignees, transferees.

6.3 No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either expressed or implied) is intended nor shall it be construed to confer upon any person or entity, other than the City and the County, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

6.4 In entering into this Agreement, 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 voluntarily accepted by them. The parties further represent that they have no question with regard to the legal import of any term, word, phrase, or portion of this Agreement, or the Agreement in its entirety, and accept the terms of this Agreement as written.

6.5 The parties hereto represent and warrant to each other that they have full authority to execute this Agreement.

6.6 The headings employed to identify the provisions contained herein are solely for the convenience of the parties to this Agreement. If any ambiguity appears in either the headings or the provisions attendant thereto, such ambiguity shall not be construed against any party to this Agreement on the grounds that such party drafted this Agreement.

6.7 Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or to any officer of that party, or, in lieu of personal service, on the third business day following deposit in the United States mail, certified, postage prepaid, addressed to:

County of Riverside
County Administrative Center
4080 Lemon Street
Riverside, California 92501
Attention: Transportation Land Management Agency Director City of Temecula
Post Office Box 9033
43200 Business Park Drive
Temecula, California 92589-9033
Attention: City Manager

6.8 If any litigation is commenced between the parties to this Agreement concerning the rights and duties of either in relation to this Agreement, the prevailing party shall be entitled to, in addition to any other relief that may be granted in the litigation, reasonable attorneys fees as determined by the court presiding over the dispute.
779861.6 April 1, 2005 13

•

6.9 The following Exhibits to this Agreement are incorporated herein as though set forth in full:

Exhibit A I-215 Policy Area
Exhibit B Major Arterial Roads
Exhibit C Priority Phasing Program
Exhibit D Western Riverside County Area
Exhibit E Assumptions of Build -Out of 1-215 Policy Area

6.10 This Agreement maybe executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument.

6.11 The effective date of this Agreement is the date the parties sign the Agreement. If the parties sign the Agreement on more than one date, then the last date the Agreement is signed by a party shall be the effective date.
779861.6 April 1, 2005 14

IN WITNESS WHEREOF, the undersigned have executed this Agreement in the State of California.

CITY OF TEMECULA
Attest:

Mike Naggar
Mayor Pro Tempore
l� J'
V /
Approved as to Form
Peter M. Thorson
City Attorney
779861.6 April 1, 2005 15

COUNTY OF RIVERSIDE
on Ashley
Chairman, Board of Supervisors
Attest:

Nancy Romero, Clerk to Board of Supervisors
_ By.
_ Deputy Clerk
Approved as to Form
William C. Katzenstein, County Counsel
By: _
atherine Lind
Deputy County Counsel
779861.6 April 1, 2005 16

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1-215 Policy Area N
Highways
Specific Plans
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Exhibit A I
1-215 Policy Area
it
EJ

EXHIBIT "B"

MAJOR ARTERIAL ROADS
Newport Road, including Interchange at 1-215 and roadway improvements from Goetz Road to Winchester Road (SR 79S).

Scott Road, including Interchange at 1-215 and roadway improvements from 1-15 to Winchester Road (SR 79N).

Clinton Keith Road, including Interchange at 1-15 and roadway improvements from 1-15 to Winchester Road (SR 79N).

Winchester Road Phase 1, from MurrietaIHot Springs Road to Domenigoni Parkway to 4 lanes.

Winchester Road Phase II, 4 to 6 lanes.

Winchester Road Phase Ili, 6 to 8 lanes.

RApy1e120051Hrteria1 Roads Exhibit

Exhibit "C"
Southwest Riverside County Transportation Strategic Plan Priority
Anticipated
Estimated
Transportation Improvement
Cost of Improvement
Funding Sources
Permits
Year of
($Millions)
2,000
Completion
Highway
Interchange
Total
du's/yr
Newport Road, including Interchange at 1-215
and roadway improvements from 1-215 to

19.8 14.5

34.3 CFD Formed
Winchester Road (SR 79S).

Scott Road, including Interchange at 1-215 and
roadway improvements from 1-15 to Winchester

27.9 14.0

41.9 Proposed CFD
1 2009
Road SR 79N .

Clinton Keith Road, including Interchange at I-
15 and roadway improvements from 1-15 to

32.6 13.0

45.6 Proposed CFD
Winchester Road SR 79N .

Winchester Road Phase I, from Murrieta Hot
Springs Road to Domenigoni Parkway to 4

38.6 38.6
Proposed CFD
lanes.

French Valley Interchange at 1-15, including 6
2 2012
lanes from 1-15 to Winchester Road (SR 79N).
100.0
100.0
Measure A, TUMF
Eastern By -Pass, construct 4 lanes to a new
TUMF, Measure A,
3 2015
interchange on the 1-15 south of SR 79S.
111.2

29.0 140.2
CFD Proposed
4 2012
Freeway Widening Phase IA,1-215, 4 to 6
250
250
Measure A, State, FED
lanes, CETAP Corridor
5 2016
Winchester Road Phase II, 4 to 6 lanes.
70 70
Measure A, TUMF
6 2025
Winchester Road Phase III, 6 to 8 lanes.
100
100
Measure A, TUMF
7 2020
Freeway Widening Phase 111, I-15, 8 to 10 lanes
200
200
Measure A, State, FED
8 2025
Freeway Widening Phase 11, I-215 from 6 to 8
400
400
Measure A, State, FED
lanes, l-15, from 10 to 12 lanes
9 2030
Freeway Widening Phase 111,1-215 from 8 to
TBD
10 lanes, I-15, from 12 to 14 lanes
Note: The Freeway Widening Projects will be refined with the completion of the Freeway Strategic Study and Implementation Plan ,'

Exhibit "D"
Iona:+
. , ♦ -i.,;P E
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i " lei wF.
.'
N
r�0
-
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ri
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Exhibit "E"
Assumptions of Build -out of I-215 Policy Area
Dwelling Units
Study Area Outside
CFDs
Total (County Study
CFDs
Area)
Areas in Acres
78,314 (72% of Area)
31,003 (28% of
109,317
Area
Build -Out
72,066 (64% of Units)
39,934 (36% of
112,000
Units)
Built Units
19,929 (71 % of Built
8,185 (29% of Built
28,114
(Includes un-Built
Units)
Units)
Recorded and
Large Lots for
CFDs
Units Remaining
52,137 (62% of
31,749 (38% of
83,886
to be Built
Remaining Units)
Remaining Units)
County unincorporated area

SETTLEMENT AGREEMENT
This Settlement Agreement is entered into by and among NNP-Spencer's Crossing, LLC ("Developer"), the City of Temecula ("City"), and the County of Riverside ("County,,) effective as of January -L4:., 2003

RECITALS
A. On July 6, 2001, the City of Temecula fled a Petition for Writ of Mandate against the County of Riverside ("County"), as Case No. 360766 (the "Lawsuit"), contesting the County's certification of Final EIR No. 411 (the "EIR") and adoption of (1) Resolution No. 2001-135 approving infer alia General Plan Amendment No. 472, (2) Resolution No. 2001-111 approving Specific Plan No. 3I2 (French Valley), and (3) Ordinance No. 348.3996 approving Zone Change No. 6383 (collectively the "Approvals"). The Approvals authorize development of the real property depicted on Exhibit A hereto ("French Valley") with 1,793 residential dwelling units and 1.7 acres of commercial uses. Developer is the successor in interest to the original French Valley Association) and is
applicant for the Approvals (Tucaiotta Hills Associates and now fee owner of French Valley and a real party in interest in the Lawsuit.

B. The City contends, infer alia, that the County violated CEQA and the Planni rig and Zoning Law in connection with the Approvals and that the significant adverse traffic impacts of the Approvals must be mitigated by the construction of roadway construction and improvements identified in the EIR. Developer and County dispute the City's claims, but Developer recognizes that certain roadway improvements are necessary to provide adequate circulation to the development of the. 1.793 residential dwelling units allowed in French Valley by the Approvals.

C. As directed by the California Environmental Quality Act, City and L andowner have met to discuss the issues raised in the Lawsuit, and explore potential for settlement of those issues.

D. Through settlement discussions, the City expressed concerns that French Valley will develop without the completion of improvements to Clinton Keith Road connecting SR 79 to 1-215 ("Clinton Keith Road"). Without the completion of Clinton Keith Road, traffic from unincorporated areas in the County north of the City will adversely burden SR 79 (Winchester Road) through the City to 1-15. At the same time, Developer recognizes that Clinton Keith Road is needed to provide an adequate circulation system to serve the 1=rench Valley development.

E. Clinton Keith Road is an important regional circulation system improvement with or without development of French Valley_ Finding a way to cause Clinton Keith Road to be built expeditiously is a transcendent goal for the City and French Valley.

F. Successfully designing, funding, constructing and opening Clinton Keith Road requires dedicated and determined participation by motivated property owners, and support by governmental entities, including the City, the County, and the City of Murrietax Developer has RWG version 718894.2 January 17, 2003 t,

taken the lead in pursuing private landowner and political support for Clinton Kcith Road, and is best situated to provide the continued private landowner leadership required to successfully complete Clinton Keith Road.

G. The cost of designing and constructing Clinton Keith Road is such that it cannot be privately funded and completed, even in substantial part, prior to any development proceeding. Revenues from development are a critical element of successfully funding Clinton Keith Road. However, City believes development should be linked in phase with discrete milestone events in the accomplishment of Clinton Keith Road, so that development is at least coincident with reasonable certainty of the completion of Clinton Keith Road on a reasonable timetable.

H. The more private and public funds invested in completing Clinton Keith Road, the more likely it is that Clinton Keith Road will be built.

1. As a resuIt of the settlement discussions between City and Developer, and in light Of the Foregoing recitals, the parties have agreed upon a schedule of milestone events and corresponding residential unit phasing plan, which will avoid the necessity of bringing the Lawsuit to a hearing, and instead result in its dismissal. Accordingly, the patties now wish to resolve the dispute embodied in the Lawsuit without further litigation and without admission of the merits of the contentions of any party by any other party on the terms set forth below, AGREE1VMNT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and agreements contained herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:

1. Uni as' w'th " c Iation ste meet . In consideration for City's dismissal of the Lawsuit with prejudice, Developer agrees that it will phase residential unit development in French Valley in accordance with the milestone schedule attached hereto as Exhibit B. As depicted on Exhibit B, as each milestone event or set of events is satisfied, building permits may be issued for one hundred (lpp) dwelling units. The parties understand that while the milestone events are identified on Exhibit B in the order it is anticipated they will occur, the order in which they are listed on Exhibit B is not material to this Agreement; provided, however, that building permits for (1) the first I00 units will not be issued until a park and ride facility is completed as described in milestone "A," and (2) not more than 500 units will be released prior to accomplishment of milestone "F': securing funding for Clinton Keith Road. "Clinton Keith Road" as used in this Agreement means a road with a minimum of four traffic V/ lanes between tha French Valley Project and 1-215 and the improvements, or interim improvements, to the 1-215 and Clinton Keith Interchange necessary to accommodate traffic from the French Valley Project, The park and ride described in milestone "A" shall be open and available to the public and maintained by Developer, its successors, or by an assignee of Developer approved by the City, which approval shall not be unreasonably withheld provided the assignee is capable of maintaining the facility,
2 RWG version 719894.2 January 11. 2003

2. French Valle Devel went A reement. In order to jUsti fythe up -front costs Developer will be incurring for Clinton Keith Road and other improvements and the risks inherent in the Exhibit B phasing program and milestone schedule, and to implement the Exhibit B phasing program and milestone schedule, Developer will apply to the County for approval of a Development Agreement for French Valley that will incorporate the Exhibit B phasing program and milestone schedule as a project requirement, and provide a process for verifying the accomplishment of each milestone event(s). City agrees to support Developer's application for such a development agreement so Iong as the development agreement contains the phasing plan described in Exhibit B to this Agreement, provides a reasonable method for monitoring development and determination of accomplishment of the milestones, and does not increase overall the density and intensity of development in French Valley allowed by the Approvals, The County shall use its best efforts to expeditiously process and consider approval of the development agreement. The portion of the development agreement conditioning the issuance of building permits on the accomplishment of the milestones described in Exhibit B of this Agreement shall be enforceable by the City against the County, Developer and then -current owners of the affected portions of French Valley, In the event the County declines to approve. the Development Agreement application, or attaches conditions to the Development Agreement that are unacceptable to Developer, Developer agrees that it will nonetheless provide evidence reasonably satisfactory to City of the accomplishment of each milestone event or package of events prior to obtaining the corresponding allocation of building permits, and that any dispute concerning the accomplishment of one or more milestone events shall be subject to non -binding, expedited arbitration by a mutually acceptable member of JAMS,

3. ontinued Su orf r C 'n n eith Road/French Valle Develo ent. City agrees that SO long as the overall intensity and density of development of French Valley is not greater than as allowed pursuant to the Approvals, and is pleased in accordance with this Agreement, City shall notI Oppose future development of French Valley. City agrees to support County's expedited processingv/ of Clinton Keitli Road as an important regional circulation system improvement, and in so doing to use reasonable efforts to enlist the support of the City of Murrieta for improvements to Clinton Keith Road within its jurisdiction.

4. ❑isMi53a1, Release and Enforcement. Concurrently with the execution of this Agrcement, City agrees to execute for filing and file a dismissal of the Lawsuit with prejudice. Upon execution Of this agreement and dismissal of the Iawsuit, City shall have the right to enforce the terms and provisions of this Agreement against French Valley as contractual obligations of the Developer.

Developer agrees to advise any subsequent buyer of all or any portion of French Valley of the existence and obligations of this Agreement, which obligation will be satisfied upon execution and recordation of a Development Agreement as provided in Paragraph 2 above„ in the event Developer applies for approval of a subdivision map for ail or any portion of French Valley prior to County action on the Development Agreement, or thereafter if no Development Agreement is executed and recorded for French Valley, Developer shall immediately notify the City of the filing of the application for the subdivision map, and Developer and County agree that the subdivision map shall be conditioned to comply with the milestones and phasing established by Exhibit S to this Agreement, and shall recite that the condition shall be enforceable by the City as a contractual right flowing from the settlement of the Lawsuit. County will place a copy of this Agreement in the Specific plan file for French Valley.

RWG version 718894.2 January 11, 2003 34

5. General Provisio s,
a. If any dispute arises out of or concerning this Settlement Agreement and/or the Mutual Release, the prevailing party shall be entitled to recover, in addition to any damages and/or equitable relief, its reasonable attorneys fees in that dispute. b. This Agreement and the exhibits hereto contain the entire agreement and understanding between the parties concerning the subject matter of this settlement and supersede and replace all prior negotiations, proposed agreements and agreements, written or oral, C. This Agreement and the exhibits hereto may be amended or modified only by a written instrument signed by all parties or their successors in interest. d, This Agreement and the exhibits hereto shall be interpreted, enforced and governed by the laws of the state of California,
e. This Agreement and the exhibits hereto shall be construed as if the parties jointly Prepared them and any uncertainty or ambiguity shall not be interpreted against any one party. f. If any provision of this Agreement or the exhibits hereto shall be dee~rned unenforceable for any reason, the remaining provisions will be given full force and effect. g. This Agreement and the exhibits hereto may be executed in counterparts which when taken together constitute the entire agreement among the parties hereto. h. The persons) signing ibis Agreement on behalf of any specified party represents that he or she has full authority to execute this Agreement on behalf of such party.

1. This Agreement shall inure to the benefit of, and be binding upon, the heirs, successors in interest, and assignees of the respective panics. All heirs, successors and assignees shall be bound by the duties of the parties arising under this Agreement, j. in the event that Clinton Keith Road is significantly delayed. City and Developer agree to meet and confer in good faith on possible additional circulation system improvements that may be feasible, and provide similar congestion relief to City, as a potential substitute to the milestone events listed on Exhibit B.
k. The waiver of any provision of this Agreement shall be invalid unless evidenced by a writing signed by the party to be charged therewith. The waiver of, or failure to enforce, any Provision of this Agreement shall not be. a waiver of any further breach of such provision or of any other provision hereof_ The waiver by any party of the tithe for performing any act shall not be a waiver of the time for performing any other act or acts required under this Agreement.

RWG version 718894.21anuary 11, 2W3 4 u
IV

IN wTTNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written,
"CITY"
City of Temecula
t
Susan lonfs, City
APPROVED AS TO FORM:
"COUNTY"
County of Riverside
M
ATTEST:

M.

APPROVED AS TO FORM:

By: By:

Peter Thorson, City Attorney
"DEVELOPER"
NNP-Spencer's Crossing, LLC
a Delaware lirWted liability pay
By.

Its:_ntns cons
Its: DEREK G. 'iMMAS
RWG version 718894.2 January 11, 2003
M

EXHIBIT A

DEPICTION OF FRENCH VALLEY
RWG version 718894.2 J=uary 11, 2003 Q�

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LAND US IC SUMMARY
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449.4 40 1.793
Nrks
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PA. 32
NOW.

PA. 30
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PA. 17
P.A. 29
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LAND USE PLAN
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EXHIBIT B

CLINTON KEITH ROAD MILESTONE SCHEDULE
Building permits for 100 units will be released upon the accomplishment of each of the following milestone events for the completion of Clinton Keith Road CCU"). "Clinton Keith Road" as used in this Agreement means a road with a minimum of four traffic lanes between the French Valley Project and 1-215 and the improvements, or interim improvements, to the 1-215 and Clinton Keith Interchange necessary to accommodate traffic from the French Valley Project.

A. 100 units at; 11 . execution of an agreement for preliminary design and environmental clearances for CKR; and
• approval by the Board of Supervisors of the expanded boundaries and the funding levels of the Southwest Area Road and Bridge Benefit District ("RBBD") for CKR
B. 100 units at: • completion of a 250-space park -and -ride facility either on -site of off -site north of 11 the Temecula City limits open and available for public use.

C. 100 units at: • circulation to the public of the draft environmental document for CKR D. 100 units at: . execution of the "at Risk." final design contract for CKR E. 100 units at: ® Certification of the final environmental document by lead agency pursuant to CEQA and, if applicable, NEPA for CKR; and
award of the CKR bridge structural design contract; and • identification of CKR right-of-way ("ROW) requirements (i.e., completion of 35% of CKR roadway design)
F. 100 units at:. funds for the completion of CKR are available pursuant to the financing plan :G:.100.finalization of ROW requirements and completion of ROW appraisals for CKR H. 100 units at: 95% completion of the CKR roadway and bridge design ® completion of ROW acquisition for CKR

1. 100 units at: a completion of final roadway design, including final structural design of the CKR bridge; and
• receipt of all environmental clearances; and
• award of contracts for construction of CKR
J. Remaining CKR completed and open for public use
units at:

RWG version 718894.2 January 11, 2003 8
M.

City of Temecula
City Managed Office
41000 Main Street • Temecula, CA 92590
Phone (951 ) 694-6400 • Fax (951 ) 694-6477 • TemeculaCA.gov September 23, 2022
Ms. Kecia Harper
Riverside County Clerk of the Board
4080 Lemon Street, 12'h Floor, Suite 127
Riverside, CA 92502-1629
Subject Winchester Community Plan Draft Programmatic Environmental Impact Report Comment Letter
Dear Ms. Harper:

On behalf of the City of Temecula (City), we submit the following comments on the County of Riverside's Winchester Community Plan Draft Program EIR (PEIR), dated July 2022. The comments are based on the PEIR, the California Environmental Quality Act (CEQA) (Public Resources Code sections 21000-21189), the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 — 15387), and recent CEQA court decisions.

As outlined in detail below, the City has significant concerns regarding the County's lack of outreach to the City — including as required by law — related to the CEQA process, as well as concerns with the PEIR and its failure as an informational document.

The City is equally concerned with the County's attempt to unilaterally terminate the 2005 "Cooperative Agreement Between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County" (Cooperative Agreement) by virtue of proposals in the Winchester Community Plan and PEIR. Specifically, the Cooperative Agreement calls for the County to mitigate the impact of new housing development on City and County arterial roads and highways within the I-215 Policy Area; the proposed General Plan Amendment amends the boundary and therefore purports to change and invalidate the Cooperative Agreement.' 'The City separately is requesting a full accounting and status of units and density by acreage in the I-215 Policy Area. The City is also requesting a status on the completion and funding of all infrastructure as identified in Exhibit C of the Cooperative Agreement.

Ms. Harper
September 23, 2022