Temecula City Council
January 24, 2023

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
JANUARY 24, 2023 - 6:00 PM
CALL TO ORDER: Mayor Zak Schwank
INVOCATION: Jim Willis of Center for Spiritual Living Temecula Valley FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Presentation of National Mentoring Month Proclamation to Boys and Girls Club of Southwest County Presentation of 2022 MISAC Excellence in Information Technology Award Presentation of Service Pin to Mayor Zak Schwank for 10 Years of Service

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

PUBLIC SAFETY REPORT
California Department of Forestry and Fire Protection

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 Agenda January 24, 2023

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 January 10, 2023
Recommendation: That the City Council approve the action minutes of January 10, 2023.

Attachments: Action Minutes

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

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A
Attachments: Agenda Report
Resolution
List of Demands

4. Adopt Resolution Making Certain Additional Findings Supporting Amendments to the 2022 California Fire Code

City Council Agenda January 24, 2023

5. 6.

Recommendation: That the City Council adopt a resolution 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
Attachments: Agenda Report
Resolution
Adopt Resolution Making Certain Additional Findings Supporting Amendments to the 2022 California Building
Recommendation: That the City Council adopt a resolution 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
Attachments: Agenda Report
Resolution
Approve Fourth Amendment to Agreement with David Evans and Associates, Inc. for the Diaz Road Expansion Project, PW17-25
Recommendation: That the City Council:

1. Approve the fourth amendment to the agreement with David Evans and Associates, Inc., in the amount of $120,000, for additional contingency in support of the professional design and environmental services of the Diaz Road Expansion Project, PW17-25; and

2. Increase the City Manager's authority to approve extra work authorizations by $120,000.

City Council Agenda January 24, 2023
Attachments: Agenda Report
Amendment
Project Description

7. Approve Increase to Construction Contingency Authorization for the Citywide Concrete Repairs - Fiscal Year 2021-22, PW22-01
Recommendation: That the City Council:

1. Approve an increase to the contingency for construction of the Citywide Concrete Repairs - Fiscal Year 2021-22, PW22-01 by $40,000; and

2. Increase the City Manager's authority to approve construction contract change orders by $40,000.

Attachments: Agenda Report
Additional Work Locations Map

8. Approve Increase to Construction Contingency Authorization for the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road Project, PW21-10
Recommendation: That the City Council:

1. Approve an increase to the contingency for construction of the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10 by $913,400; and

2. Increase the City Manager's authority to approve construction contract change orders by $913,400.

Attachments: Agenda Report
Project Description
Project Locations - Original Scope
Project Location - Additional Nicolas Road Segment

9. Approve Increase to Contingencv for Extra Work for Additional Landscape Maintenance Services with Nieves Landscape, Inc.

Recommendation: That the City Council approve an increase to contingency for extra work for additional Landscape Maintenance Services with Nieves Landscape, Inc., in the amount of $150,000 for Fiscal Year 2022-2023.

Attachments: Agenda Report

10. Approve Water Quality Management Plan Alternative Compliance Agreement and Authorize the Citv Manager to Execute on Behalf of the Citv

City Council Agenda January 24, 2023
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THE FORM AND AUTHORIZING THE

CITY MANAGER TO EXECUTE WATER QUALITY

MANAGEMENT PLAN ALTERNATIVE COMPLIANCE

AGREEMENTS ON BEHALF OF THE CITY
Attachments: Agenda Report
Resolution
Agreement

11. Accept Easements Dedicated to Public in Connection with Loney Wash Channel and Authorize Quitclaim of Easements to Riverside County Flood Control and Water Conservation District
Recommendation: That the City Council adopt the following resolutions entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, ACCEPTING CERTAIN EASEMENTS DEDICATED TO

THE PUBLIC PURSUANT TO DECLARATIONS OF DEDICATION
RECORDED ON JULY 26, 1989 AS INSTRUMENT NUMBERS
249221, 249222, AND 249223 IN CONNECTION WITH THE LONG

VALLEY WASH CHANNEL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, APPROVING THREE QUITCLAIM DEEDS

CONVEYING TO RIVERSIDE COUNTY FLOOD CONTROL AND

WATER CONSERVATION DISTRICT CERTAIN EASEMENTS

DEDICATED TO THE PUBLIC PURSUANT TO DECLARATIONS OF
DEDICATION RECORDED ON JULY 26, 1989 AS INSTRUMENT
NUMBERS 249221, 249222, AND 249223 IN CONNECTION WITH

THE LONG VALLEY WASH CHANNEL
Attachments: Agenda Report
Resolution - Accepting Easements
Cooperative Agreement
Resolution - Approving_ Quitclaim Deeds
Quitclaim Deed for Tract Map 22716-1
Quitclaim Deed for Parcel Map 26766
Quitclaim Deed for Parcel Maps 22513 and 38110

City Council
Agenda January 24, 2023

12. Accept Improvements and File the Notice of Completion for the Butterfield Stage Road Extension - Phase III, PW15-11
Recommendation
That the City Council:

1. Accept the construction of the Butterfield Stage Road Extension - Phase III, PW15-11, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion and 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
Project Description
Project Location
Contractor's Affidavit & Final Release

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 January 24, 2023

TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, 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.

13. Approve Action Minutes of January 10, 2023
Recommendation: That the Board of Directors approve the action minutes of January 10, 2023.

Attachments: Action Minutes

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

If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be

City Council Agenda January 24, 2023
read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Board. The President 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 President 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.

14. Approve Ratification of Election Results for Tract Map Numbers 37341-1 through 37341-10, within Sommers Bend, to Service Level B (Residential Street Lights) Rates and Charges (Located on East Side of Butterfield Stage Road and North of Long Valley Wash) Recommendation
That the Board of Directors adopt a resolution entitled:

RESOLUTION NO. CSD

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF

TEMECULA, ORDERING THE ANNEXATION OF PROPERTY TO

SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING
Attachments: Agenda Report
RPcnlntinn
Certificate of Election Results
Vicinity

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, February 14, 2023, 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 January 24, 2023

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.

15. Conduct Public Hearing to Consider Extension of Interim Uriencv Ordinance Enacted Pursuant to Government Code Section 65858 Establishing Emergency Regulations Related to Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9, Declaring the he Urgency Thereof and Making Determination of Exemption Pursuant to Government Code Section 65852.21(j) and California Environmental Quality Act Guidelines Section 15061(b)(3) Recommendation: That the City Council adopt an ordinance, by a 4/5 vote, extending Interim Urgency Ordinance No. 2022-03 entitled:

ORDINANCE NO.

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF

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

EMERGENCY REGULATIONS PURSUANT TO GOVERNMENT

City Council
Agenda January 24, 2023
CODE SECTION 65858 ON URBAN LOT SPLITS AND HOUSING
UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND

MAKING A DETERMINATION OF EXEMPTION PURSUANT TO
GOVERNMENT CODE SECTION 65852.21(J) AND CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION
15061(B)(3)
Attachments: Agenda Report
Ordinance - Extension
Ordinance No. 2022-03
February 22, 2022 Agenda Report to City Council
January 10, 2023 Alleviation Agenda Report to City Council %PnatP Rill 9

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

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

16. Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets
Recommendation
That the City Council introduce and read by title only an ordinance entitled:

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING SECTION 10.28.010(D) OF THE

TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE

SPEED LIMITS ON CERTAIN STREETS
Attachments: Agenda Report
Ordinance
Summary of Recommended Speed Limits

City Council Agenda January 24, 2023

DEPARTMENTAL REPORTS

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

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

19. 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.

1. Consider Creation of Ad Hoc Subcommittee to Discuss Temecula Police Department (At the Request of Mayor Pro Tempore Stewart)

2. Consider Creation of Ad Hoc Subcommittee to Discuss Temecula Fire Department (At the Request of Council Member Kalf is)

3. Consider Establishment of Term Limits for City Council Members (At the Request of Council Member Kalf is)

CITY MANAGER REPORT

CITY ATTORNEY REPORT

City Council
Agenda January 24, 2023

ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, February 14, 2023, 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: January 24, 2023
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
JANUARY 10, 2023 - 6:00 PM
CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Imam Abdul Samad Motie of the Islamic Center of Temecula Valley FLAG SALUTE: Mayor Pro Tempore James "Stew" Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Presentation of Certificates of Recognition for State D1 XC Championship to Great Oak High School Cross -Country Team
Presentation of Proclamation for National Human Trafficking Prevention Month to Riverside County Sheriff s Department

BOARD / COMMISSION REPORTS
Community Services Commission

PUBLIC SAFETY REPORT
Riverside County Sheriffs Department

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Adam Eventov Dario Bianchi
• Payam Daneshvar

PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Laurel Lamont (Item #9)
• Jennifer Reeves (Item #14)
• Sandra Cox (Item #14)
• Mick Sobczak (Item #14)
• Jennifer Krumm (Item #14)
• Ronald W. Larson (Item # 14)
• Julie Geary (Item #14)
• Bob Kowell (Item #14)
• Joi Ji (Item # 14)
• Jessica Christopher (Item #14)
• Derek Kinnison (Item #14)

The following individual(s) submitted an electronic comment:
• Martha Angelica Howard (Item #9) • Eva Smith (Item #14) • Tiffany Tsai (Item #14) • Samantha Nguyen (Item #14)
• Lana Salyer (Item #14) • Dakota Chambers (Item #14)
• Gillian Larson (Item #14) • David Burrus (Item #14)
• Jeffrey A. & CindySue Wittek (Item #14) • Kendra Thompson (Item #14) • Gia Rueda (Item #14)

CITY COUNCIL REPORTS

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

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

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

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

3. Approve List of Demands
Recommendation:

That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

4. Adopt Ordinance 2022-14 Approving Second Amendment to the Development Agreement By and Between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability CoMpm (Planning Application No.

PA21-0128) (Second Reading)
Recommendation: That the City Council adopt an ordinance entitled:

ORDINANCE NO. 2022-14

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THE SECOND AMENDMENT TO THE

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA
N

CORPORATION AND WINCHESTER HILLS I LLC, A

CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A

FINDING OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION
NO. PA21-0128)

5. Receive and File Citywide Year -End Report Highlighting 2022 Accomplishments Recommendation:

That the City Council receive and file the citywide year-end report highlighting 2022 accomplishments.

6. Approve Annual Boards and Commissions Handbook for Calendar Year 2023 Recommendation:

That the City Council approve the annual Boards and Commissions Handbook for calendar year 2023.

7. Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar Year 2023
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING REVISIONS TO THE ESTABLISHED

CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY

AMENDING AND RESTATING THE RECORDS RETENTION

POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN

RECORDS

8. Approve Agreement for the Community Wildfire Protection Program (LR21-1331) Recommendation: That the City Council approve the agreement with SWCA Incorporated dba SWCA Environmental Consultants for the Community Wildfire Protection Program in the amount of $296,026 and approve an appropriation and corresponding grant reimbursement revenue of $378,000 from CalFire to establish the Community Wildfire Protection Plan Capital Improvement Project.

9. Issue Public Report Pursuant to Government Code Section 65858(d) Regarding Interim Urgency Ordinance No. 2022-03 Establishing Regulations Related to Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9
Recommendation: That the City Council issue this report pursuant to Government Code Section 65858(d) regarding Interim Urgency Ordinance No. 2022-03 establishing regulations related to urban lot splits and housing units built in accordance with Senate Bill 9 (SB 9).
3 10. Award a Construction Contract to Flatiron West, Inc. for the I-15 / French V Improvements - Phase II, PW 16-01

11. Recommendation: That the City Council:

1. Award a construction contract to Flatiron West, Inc., in the amount of $71,521,192, for the I-15 / French Valley Parkway Improvements — Phase II, PW 16-01; and

2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $7,152,119.20; and

3. Make a finding that the I-15 / French Valley Parkway Improvements project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.

Accept Improvements and File the Notice of Completion for the Library Parking - Phase II, PW 13-09
Recommendation:

RECESS:

That the City Council:

1. Accept the construction of the Library Parking - Phase II, PW 13-09, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion and release the performance bond; and

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

At 6:34 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Successor Agency to the Temecula Redevelopment Agency. At 6:38 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

BUSINESS

14. Approve the Public Recognition Policy and Annual Proclamation List Recommendation: That the City Council approve the public recognition policy and annual proclamation list.

Approved the Staff Recommendation to approve the public recognition policy (5-0): Motion by Schwank, Second by Stewart. The vote reflected unanimous approval.

Motion to approve the proclamation list, with the addition of proclamations for first responders, seniors and Jewish American month, and with direction that the proclamations for African American History Month, Women's History Month, Arab American Heritage Month, Asian

American and Native Hawaiian/Pacific Islander Month, Jewish American Heritage Month, Pride Month, Hispanic/Latino Heritage Month, Greek Food Festival Month, Native American Heritage Month be presented at the Race, Equity, Diversity and Inclusion Commission Meetings (3-2): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval with Brown and Schwank opposing.

15. Approve Annual Legislative Platform for Calendar Year 2023 Recommendation:

That the City Council approve the annual legislative platform for calendar year 2023.

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

16. Consider Appointments to City Council Committees for Calendar Year 2023 Recommendation:

That the City Council appoint members to serve on committees for calendar year 2023 and approve related City Council Committee Appointments List.

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

ITEMS FOR FUTURE CITY COUNCIL AGENDAS

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
At 8:50 PM, the City Council meeting was formally adjourned to Tuesday, January 24, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
Adjourned in Memory of
Deputy Isaiah Cordero
5 [SEAL]

Item No. 3

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: January 24, 2023
SUBJECT: Approve List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician II
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS

AS SET FORTH IN EXHIBIT A
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.2023-

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 $ 1,560,904.42.

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 24th day of January, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of January, 2023, 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
12/27/2022 TOTAL CHECK RUN:
$ 212,419.06
12/29/2022 TOTAL CHECK RUN:
198,232.34
01/03/2023 TOTAL CHECK RUN:
253,268.00
01/05/2023 TOTAL CHECK RUN:
198,669.85
01/05/2023 TOTAL PAYROLL RUN:
695,096.32
01/05/2023 TOTAL PAYROLL RUN:
3,218.85
TOTAL LIST OF DEMANDS FOR 01/24/2023 COUNCIL MEETING: $ 1,560,904.42

DISBURSEMENTS BY FUND:

CHECKS:
001

GENERAL FUND
449,724.81
110

RANCHO CALIF ROAD REIMB DIST
3,874.46
165
RDA AFFORDABLE HOUSING 20% SET ASIDE
398.24
190

TEMECULA COMMUNITY SERVICES DISTRICT
122,865.71
192

TCSD SERVICE LEVEL B STREET LIGHTS
48,668.47
194

TCSD SERVICE LEVEL D REFUSE RECYCLING

40.01 196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
15,922.80
197

TEMECULA LIBRARY FUND
1,383.67
210

CAPITAL IMPROVEMENT PROJECTS FUND
150,929.91
300

INSURANCE FUND
426.35
305

WORKER'S COMPENSATION
176.35
320

INFORMATION SYSTEMS
16,823.05
330

CENTRAL SERVICES
1,145.03
340

FACILITIES
23,660.45
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
347.88
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
265.04
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
452.80
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS

68.77 505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
441.27
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
223.78
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
256.81
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA

79.20 510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
233.25
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW

56.20 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
2,264.13
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
656.36
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
340.65
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
3,564.00
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA

49.45 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
476.41
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
6,831.15
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
139.88
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
4,465.00
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE

64.07 523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN

79.14 524
SERVICE LEVEL"C"ZONE 24 HARVESTON
1,320.92
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
922.65
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
2,951.13
$ 862,589.25

001 GENERAL FUND
110 RANCHO CALIF ROAD REIMB DIST
140 COMMUNITY DEV BLOCK GRANT
165 AFFORDABLE HOUSING
190 TEMECULA COMMUNITY SERVICES DISTRICT
194 TCSD SERVICE LEVEL D REFUSE RECYCLING
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
300 INSURANCE FUND
305 WORKERS' COMPENSATION
320 INFORMATION TECHNOLOGY
330 SUPPORT SERVICES
340 FACILITIES
700 CERBT CALIFORNIA EE RETIREE-GASB45
TOTAL BY FUND:
381,714.74
278.35
646.84
4,191.62
168,710.47
1,494.50
195.78
4,734.60
3,163.27
3,163.39
43,579.00
5,120.77
9,644.67
71,677.17
$ 698,315.17
1,560,904.42

apChkLst
12/27/2022
2:54:53PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank: eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
503717
12/29/2022
007282

AMAZON CAPITAL SERVICES
MISC SUPPLIES: CHIEF/BC: FIRE
278.82
INC
MISC OFC SUPPLIES: PREVENTION
121.02
MISC OFC SUPPLIES: TEM SHERIFF

91.04 MISC OFC SUPPLIES: TVM: TCSD

58.70 MISC OFC SUPPLIES: TVM: TCSD

18.89 568.47
503718
12/29/2022
001393

DATATICKET INC, DBA
NOV CITATIONS PROCESSING: POLICE
1,235.34
1,235.34

REVENUE EXPERTS
503719
12/29/2022
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: BLDG &
206.78
SAFETY
FUEL FOR CITY VEHICLES:BLDG &,'
190.17
FUEL FOR CITY VEHICLES: FIRE DE
145.88
FUEL FOR CITY VEHICLES: CODE E

70.46 FUEL FOR CITY VEHICLES: CODE E

38.44 FUEL FOR CITY VEHICLES: CODE E

35.37 FUEL FOR CITY VEHICLES: CITY MC

29.42 716.52
503720
12/29/2022
002577

ENGINEERING RESOURCES,
ENG SVCS: BIKE LANE & TRAIL
4,570.00
4,570.00
OF SOUTHERN CALIF., INC.

PROGRAM
503721
12/29/2022
022726

FORENSIC NURSES OF SOCAL
SART EXAMS: TEM SHERIFF
800.00
800.00
INC
503722
12/29/2022
022530

HINER, DOUGLAS, DOUGLAS
ADULT SOFTBALL OFFICIATING SVCS:
672.00
672.00

HINER UMPIRING
SPORTS
503723
12/29/2022
020946

MUSSON THEATRICAL INC
MISC SUPPLIES: THEATER: TCSD

94.73 94.73
503724
12/29/2022
022599

NIEVES LANDSCAPE INC
IRRIGATION REPAIRS: FIRE STA 84
241.25
241.25
503725 12/29/2022 012904 PRO ACTIVE FIRE DESIGN

AND, CONSULTING
503726 12/29/2022 009213 SHERRY BERRY MUSIC
503727
12/29/2022
009746

SIGNS BY TOMORROW
503728
12/29/2022
000645

SMARTAND FINAL INC
NOV PLAN REVIEW SVCS: FIRE PREV 4,508.50
JAZZ @ THE MERC 12/15 630.00
MISC SIGNAGE: SPEC EVENTS: TCSD 823.05
RFRSHMNTS: EVENTS: MPSC: TCSD 154.30
503729 12/29/2022 002366 STEAM SUPERIOR CARPET CARPET CLEANING SVCS: FIRE STA 84 945.00

CLEANING
CARPET CLEANING SVCS: FIRE ST/ 685.00
4,508.50
630.00
823.05
154.30
1,630.00
Page:1

apChkLst
12/27/2022
2:54:53PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
503730
12/29/2022 006145

STENO SOLUTIONS
TRANSCRIPTION SVCS: TEM SHERIFF

57.15 57.15

TRANSCRIPTION, SRVCS INC
503731
12/29/2022 010046

TV CONVENTION &VISITORS
OCT'22 BUS. IMPRV DISTRICT
195,638.09
195,638.09

BUREAU, DBA VISIT TEMECULA ASMNTS
VALLEY
503732
12/29/2022 014315
EMPLOYEE #00473
REIMB: LODGING: HOMELESS CLIENT

79.66 79.66
Grand total for EFT UNION BANK: 212,419.06
Paget

apChkLst Final Check List Page: 3
12/27/2022 2:54:53PM CITY OF TEMECULA
16 checks in this report.

Grand Total All Checks: 212,419.06
Page:3

apChkLst
12/29/2022
3:20:22PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank: union UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
14504
11/9/2022
006887

UNION BANK OF CALIFORNIA
000175

GOVERNMENT FINANCE
SUBMISSION FEE: BAP: FINANCE
665.00

OFFICERS, ASSOCIATION,
GFOA
000154

C S M F O
APPLICATION FEE: CAPITAL BUDGET:
150.00
FIN
000154

C S M F O
APPLICATION FEE: OPERATING
150.00
BUDGET: FIN
000175

GOVERNMENT FINANCE
WEBINAR: ANNUAL GOV'T TAX:
475.00

OFFICERS, ASSOCIATION,

FINANCE
GFOA
000175

GOVERNMENT FINANCE
WEBINAR: ANNUAL GOV'T TAX:
475.00

OFFICERS, ASSOCIATION,

FINANCE
GFOA
006952
PAYPAL

VERISIGN PAYFLOW PRO

25.00 1,940.00
TRANSACTION: FIN
14539
10/31/2022
010276

TIME WARNER CABLE
OCT INTERNET SVCS: 40820
600.91
600.91

WINCHESTER RD
14540
10/26/2022
010276

TIME WARNER CABLE
OCT INTERNET SVCS: 41000 MAIN ST

54.79 54.79
14550
12/1/2022
018858

FRONTIER CALIFORNIA INC
NOV INTERNET SVCS: CITY HALL
2,280.99
2,280.99
14554
11/8/2022
010276

TIME WARNER CABLE
NOV INTERNET SVCS: 30755 AULD RD
734.79
734.79
14555
11/8/2022
010276

TIME WARNER CABLE
NOV INTERNET SVCS: 41973 6TH ST
734.79
734.79
14556
11/8/2022
010276

TIME WARNER CABLE
NOV INTERNET SVCS: 41000 MAIN ST
3,163.19
3,163.19
14573
12/16/2022
000262

RANCHO CALIF WATER
VAR NOV WATER 3004755 41000 MAIN
31,578.94
31,578.94

DISTRICT
ST
Page:1

apChkLst Final Check List Page: 2
12/29/2022 3:20:22PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
14592 12/9/2022
006887

UNION BANK OF CALIFORNIA
020829

MURRIETA CHAMBER OF
REGISTRATION: ECONOMIC
160.00

COMMERCE
OUTLOOK: ECO DEV
020395
ETSY
PROMOTIONAL ITEMS: EVENTS: ECO
173.46
DEV
023163

NICHOLAS G PHOTOGRAPHY
PHOTOGRAPHY SVCS: CAMPAIGN
500.00
PHOTO
023124

ARCHISAND PROFESSIONAL
MARKETING: DEP: SAND SCULPTURE:
-562.50

ECO DEV
017932

MENIFEE VALLEY CHAMBER
REGIST FEE: STATE OF THE CITY: ECO

65.00 OF, COMMERCE
DEV
013338

APPLE STORE
ADD'L PHONE STORAGE: SOCIAL

2.99 MEDIA
008669
VONS
RFRSHMNTS: MEETINGS: ECO DEV

6.57 345.52
14595 12/9/2022
006887

UNION BANK OF CALIFORNIA
023159

BE GOOD RESTAURANT
RFRSHMNTS: INTERVIEW PANEL:

82.99 &EXPERIENCE

INFO TECH
008956

PANERA BREAD
RFRSHMNTS: IEGIS CONFERENCE
152.86
013338

APPLE STORE
IPAD MINI: CYBER SEC MONTH
546.66

RECOGNITION
000210

LEAGUE OF CALIF CITIES
MEMBERSHIP RENEWAL: KOMERS
225.00
008567
GODADDY.COM INC.

DOMAIN RENEWAL:

21.17 1,028.68
TEMECULAARTS.ORG
14598 12/9/2022
006887

UNION BANK OF CALIFORNIA
021688
PHIL'S BBQ OF TEMECULA INC RFRSHMNTS: HOMELESS OUTREACH 148.30
MTG
000152

CALIF PARKS AND
TRAINING: HOMELESS OUTREACH
145.00

RECREATION SOC, C P R S
000152

CALIF PARKS AND
TRAINING: HOMELESS OUTREACH
145.00

RECREATION SOC, C P R S
000152

CALIF PARKS AND
REGISTRATION: HOMELESS
1,395.00

RECREATION SOC, C P R S

OUTREACH
000293

STADIUM PIZZA INC
RFRSHMNTS: CORE TEAM MTG 10/27
117.14
022560
UBER
TRANSPORTATION: HOMELESS

75.02 OUTREACH
OVER THE CREDIT LIMIT FEE: TCSE

35.00 2,060.46
Paget

apChkLst
12/29/2022
3:20:22PM
Final Check List

CITY OF TEMECULA
Page: 3
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
14599
12/9/2022
006887

UNION BANK OF CALIFORNIA
023166

TRACTOR SUPPLY COMPANY
BUCKETS: MINI MUSTER: FIRE DEPT
175.50
020844

JON'S FLAGS & POLES INC
FLAGS: FIRE ENGINES & TRUCKS:
378.45

FIRE DEPT
001264
COSTCO TEMECULA 491
RFRSHMNTS: TRUNK OR TREAT

73.96 EVENT: FIRE
001264
COSTCO TEMECULA 491
RFRSHMNTS: OPEN HOUSE: FIRE STA
216.41
95 023167

DRAFT SOUTH MISSION
RFRSHMNTS: CONFERENCE: FIRE
186.24
DEPT
013338

APPLE STORE
ADD'L PHONE STORAGE: FIRE DEPT

0.99 007229

BAHIA RESORT HOTEL
LODGING: PEER SUPPORT CONF:
2,097.46

FIRE DEPT
CREDIT: FRAUDULENT CHARGES
-6.76
CREDIT: FRAUDULENT CHARGES
-35.70
3,086.55
14602
12/23/2022
000262

RANCHO CALIF WATER
VAR NOV WATER 3044894 LA SERENA
9,359.26
9,359.26

DISTRICT
WAY
14603
12/22/2022
010349

CALIF DEPT OF CHILD

SUPPORT PAYMENT
138.92
138.92

SUPPORT
14604
12/22/2022
021301

I C M A RETIREMENT -PLAN
ICMA- 401(A) RETIREMENT PLAN
384.50
384.50
106474

PAYMENT
14605
12/22/2022
000194

I C M A RETIREMENT -PLAN
ICMA-RC RETIREMENT TRUST 457
15,413.08
15,413.08
303355

PAYMENT
14608
12/22/2022
001065

NATIONWIDE RETIREMENT

NATIONWIDE RETIREMENT PAYMENT
12,228.63
12,228.63

SOLUTION
14609
12/22/2022
019088

NATIONWIDE RETIREMENT

NATIONWIDE LOAN REPAYMENT
427.79
427.79

SOLUTION

PAYMENT
14610
12/22/2022
000389

NATIONWIDE RETIREMENT

OBRA- PROJECT RETIREMENT
3,718.24
3,718.24

SOLUTION

PAYMENT
14612
12/7/2022
000246

PERS (EMPLOYEES'

SPECIAL COMPENSATION PAYMENT
400.00
400.00

RETIREMENT)
14614
10/31/2022
000444

INSTATAX (EDD)
3RD QTR 2022 UI & ETT PAYMENT
11,728.94
11,728.94
14615
10/31/2022
000444

INSTATAX (EDD)

STATE TAX PAYMENT
582.37
582.37
14616
10/21/2022
018858

FRONTIER CALIFORNIA INC
OCT INTERNET SVCS: IWTCM
130.98
130.98
Page:3

apChkLst
12/29/2022
3:20:22PM
Final Check List

CITY OF TEMECULA
Page: 4
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
14617
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 060-293-3315-7: 28922 PUJOL ST

14.30 14.30
14618
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 026-671-2909-8: 42051 MAIN

18.19 18.19
14619
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 101-525-0950-0: 28816 PUJOL ST

18.19 18.19
14620
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 028-025-1468-3 41375 MCCABE CT

22.06 22.06
14621
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 133-040-7373-0: 43210 BUS PARK

22.06 22.06
DR
14622
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 181-383-8881-6: 28314 MERCEDES

22.06 22.06
ST
14623
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 129-582-9784-3: 43230 BUS PARK

60.90 60.90
DR
14624
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 021-725-0775-4: 41845 6TH ST

90.04 90.04
14625
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 091-024-9300-5: 30875 RANCHO
1,630.53
1,630.53
VISTA
14626
11/8/2022
001212

SO CALIF GAS COMPANY
OCT 129-535-4236-7: 41000 MAIN
2,209.28
2,209.28
102137
12/21/2022
023157

CALIMQUIM, TYNESHA
BUSINESS LICENSE: RENEWAL

35.00 35.00
211004
12/21/2022
018239

RIRIE-WOODBURY DANCE,
THEATER PERFORMANCE: APR 29,
7,500.00
7,500.00

FOUNDATION
2023
211005
12/21/2022
007186

AB MAILING SOLUTIONS

MAILING
1,988.64
1,988.64
SRVCS:THEATER-MIS-SEASON
211006
12/21/2022
023154

BROWN, KATHIE K
STN12 & STN 73 FOR CHRISTMAS
150.00
150.00

WINDOW PANE
211016
12/29/2022
007186

AB MAILING SOLUTIONS
MAILING SVCS: BUSINES LIC
2,685.19
2,685.19

RENEWALS
211017
12/29/2022
023030

ARJONA, GLORIA
STTLMNT BRAZILIAN & LATIN JAZZ:
1,053.00
1,053.00
12/16
Page:4

apChkLst
Final Check List
Page: 5
12/29/2022
3:20:22PM

CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211018
12/29/2022
006254

BALLET FOLKLORICO, AKA

TCSD INSTRUCTOR EARNINGS
235.20

LORENA HANCOCK

TCSD INSTRUCTOR EARNINGS
336.00

TCSD INSTRUCTOR EARNINGS
235.20
806.40
211019
12/29/2022
023067

BIDS TACTICAL GEAR
LOAD BEARING VESTS: TEM PD
1,314.55
1,314.55
211020
12/29/2022
004262

BIO TOX LABORATORIES
PHLEBOTOMY SERVICES: TEM
3,482.10

SHERIFF
PHLEBOTOMY SERVICES: TEM SHE
1,948.06
PHLEBOTOMY SERVICES: TEM SHE
537.03
5,967.19
211021
12/29/2022
023077

BW INDUSTRIES INC
PROJ MGMT SVCS: DOCUSIGN
1,137.50
1,137.50
211022
12/29/2022
021054

CANTRELL, TINAJ

TCSD INSTRUCTOR EARNINGS
210.00
210.00
211023
12/29/2022
021182

CHANNEL CRAFTAND,
CHANNEL CRAFT DISTRIBUTION: TVM:
102.49

DISTRIBUTION INC
TCSD
CHANNEL CRAFT DISTRIBUTION: T\
-14.40

88.09 211024
12/29/2022
016098

CULTIVATING GOOD INC, DBA
RFRSHMNTS: WOMEN'S CAREER
100.05
100.05

E AT MARKETPLACE
211025
12/29/2022
012600

DAVID EVANS AND
NOV DOG PARK RENOVATION: CIP:
3,810.00
3,810.00

ASSOCIATES INC
PW
211026
12/29/2022
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: FINANCE

10.45 10.45
211027
12/29/2022
022610

FLOCK GROUP INC, DBA
SFTWR RENEWAL: LIC PLATE
5,000.00
5,000.00

FLOCK SAFETY
RECOGNITION: PD
211028
12/29/2022
023161

FOSTER & FOSTER
CONSULTING SVCS: GASBS75:
2,184.00
2,184.00

CONSULTING, ACTUARIES INC FINANCE
211029
12/29/2022
020698

HICKS AND HARTWICK INC
ENG PLAN CK SVCS: LAND DEV:
1,260.00
1,260.00
SOLANA
211030
12/29/2022
021896

JP HANDMADE CORP, DBA
MISC PRINTING SVCS: FINANCE
697.50

MINUTEMAN PRESS
ENVELOPES: FINANCE
261.00
958.50
211031
12/29/2022
017118

KRACH BREE B, DBA
RECOGNITION: TCC: AWARDS: EOC
253.39

TEMECULA TROPHY & DES
ENGRAVING SVCS: CITY COUNCIL

21.75 NAME BADGES: ECO DEV

8.70 283.84
211032
12/29/2022
013982

M C I COMM SERVICE
DEC 7DK89878 XXX-0346 USAGE MALL

36.54 PD
DEC 7DK89878 XXX-0714 GEN USAC

38.43 74.97
Page:5

apChkLst
12/29/2022
3:20:22PM
Final Check List

CITY OF TEMECULA
Page: 6
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211033
12/29/2022
021434

MATRIX TELECOM LLC DBA
NOV 800 SERVICES: CIVIC CENTER

68.49 68.49
LINGO
211034
12/29/2022
023170

MCGUFF, KIMBERLY
REFUND: FLAG FOOTBALL CLINICS

35.00 35.00
211035
12/29/2022
019440

QUADIENT INC
POSTAGE FOR METER: TEM SHERIFF
257.28
257.28
211036
12/29/2022
012151

QUINT AND THIMMIG LLP
CONSULTING SVCS: PREPMT OF
10,000.00
10,000.00
LEASE: FIN
211037
12/29/2022
002176
RANCHO CALIF BUS PKASSOC JAN-MAR'23 BUS PKASSN DUE: DIAZ 2,033.07
RD
JAN-MAR'22 BUS PKASSN DUE: TV
2,234.14
4,267.21
211038
12/29/2022
022495

RIVERSIDE CO
BUSINESS CARDS: TEM SHERIFF

16.17 16.17

SHERIFF'S-GREYBAR
211039
12/29/2022
017699

SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: PROJ CITY
100.00

PRESTON

BUILDINGS
PHOTOGRAPHY SVCS: COUNCIL ME
400.00
PHOTOGRAPHY SVCS: MERC: TCSE
125.00
PHOTOGRAPHY SVCS: COUNCIL ME
225.00
PHOTOGRAPHY SVCS: COUNCIL RE
200.00
1,050.00
211040
12/29/2022
000537

SO CALIF EDISON
NOV 700276704365 MAIN ST
500.23
NOV 700116137841 VARIOUS LOCAT
34,104.48
NOV 700039423268 VARI LOCATION:
1,065.02
35,669.73
211041
12/29/2022
008373

SUNBELT RENTALS INC
TOWER/POWER RENTALS: SPEC
1,548.55
EVENTS:TCSD
TOWER/POWER RENTALS: SPEC E�
388.97
1,937.52
211042
12/29/2022
003677

TEMECULA MOTORSPORTS
VEHICLE MAINT & REPAIR: POLICE
1,188.34
1,188.34
LLC
211043
12/29/2022
020911
T-MOBILE USA, INC.

GPS LOCATE: TEM SHERIFF

25.00 GPS LOCATE: TEM SHERIFF

25.00 GPS LOCATE: TEM SHERIFF

25.00 75.00
211044
12/29/2022
013474

TOWN & COUNTRY TOWING
MOTORCYCLE TOWING: TEM SHERIFF

75.00 75.00
211045
12/29/2022
014486

VERIZON WIRELESS
11/11-12/10
473.24
CELLULAR/BROADBAND:PD
12/22/22 CELLULAR/BROADBAND:CI

55.00 528.24
211046
12/29/2022
007987

WALMART
MISC SUPPLIES: THEATER
217.06
217.06

HOSPITALITY
Grand total for UNION BANK: 198,232.34
Page:6

apChkLst Final Check List Page: 7
12/29/2022 3:20:22PM CITY OF TEMECULA
gg checks in this report.

Grand Total All Checks: 198,232.34
Page:7

apChkLst Final Check List Page: 1
01/03/2023 4:46:19PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
503733
1/5/2023
007282 AMAZON CAPITAL SERVICES
MISC OFC SUPPLIES: FINANCE
293.28
INC
MISC OFC SUPPLIES: CITY MGR

27.18 320.46
503734
1/5/2023
021400 AYERS ELECTRIC INC
ELECTRICAL REPAIRS: MAIN STREET
400.00
BRIDGE
ELECTRICAL REPAIRS: LIBRARY
500.00
ELECTRICAL REPAIRS: CIVIC CENTI
200.00
ELECTRICAL SVCS: CIVIC CENTER
800.00
ELECTRICAL REPAIRS: CRC
700.00
ELECTRICAL REPAIRS: PARKING GE
600.00
3,200.00
503735
1/5/2023
018941 AZTEC LANDSCAPING INC
DEC RESTROOM MAINT: PARKS: PW
9,098.22
9,098.22
503736
1/5/2023
022670

BROWN, JAMAL DEON, DBA

TCSD INSTRUCTOR EARNINGS
301.55

JDB TRAINING

TCSD INSTRUCTOR EARNINGS
532.00

TCSD INSTRUCTOR EARNINGS
556.50

TCSD INSTRUCTOR EARNINGS
177.38
1,567.43
503737
1/5/2023
022948

BRYANT, ROBERT

TCSD INSTRUCTOR EARNINGS
805.00
805.00
503738
1/5/2023
004248

CALIF DEPT OF
SEP FINGERPRINT SVC: CUSTODIAL
343.00
343.00

JUSTICE-ACCTING

CONTRACT
503739
1/5/2023
003997

COAST RECREATION INC
BENCHES: PARKS: PW
19,608.75
19,608.75
503740
1/5/2023
017542

COX, KRISTI LYN

TCSD INSTRUCTOR EARNINGS
252.00

TCSD INSTRUCTOR EARNINGS
210.00

TCSD INSTRUCTOR EARNINGS
147.00

TCSD INSTRUCTOR EARNINGS

63.00 672.00
503741
1/5/2023
010650

CRAFTSMEN PLUMBING &
PLUMBING REPAIR: MAINTENANCE
345.00
345.00

HVAC INC
YARD
503742
1/5/2023
003945

DIAMOND ENVIRONMENTAL
TEMPORARY FENCING: MCCABE CT

95.00 SRVCS
ADA RESTROOM: MORAGA RD
325.76
ADA RESTROOM: MORAGA RD
325.76
746.52
503743
1/5/2023
019720

DIVERSIFIED WATERSCAPES

FOUNTAIN REHAB AT HARVESTON
600.00
INC

LAKE PK
FOUNTAIN REHAB: HARVESTON LAI
5,838.17
WATER QUALITY MAINT: HARVEST(
4,877.80
11,315.97
503744
1/5/2023
012217
DUDEK

NOV URBAN FOREST MGMT PLAN &
1,980.00
1,980.00

INVENTORY
Page:1

apChkLst Final Check List Page: 2
01/03/2023 4:46:19PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check #
Date
Vendor
Description
503745
1/5/2023
020904

ECONOMIC ALTERNATIVES INC
DEC WTR SYST MAINT: CIVIC CTR
SEP WTR SYST MAINT: CIVIC CTR
AUG WTR SYST MAINT: CIVIC CTR
JUL WTR SYST MAINT: CIVIC CTR
503746
1/5/2023
014865

FREIZE UHLER KIMBERLY DBA,
PROMOTIONAL ITEMS: STATE OF THE

CLEAR BLUE PROMOTIONS
CITY
MISC PROMOTIONAL ITEMS: TVE2
503747
1/5/2023
021365

GEORGE HILLS COMPANY INC
SUBROGATION RECOVERY FEE: RISK
MGMT
503748 1/5/2023 017334 HOUSE OF AUTOMATION INC GARAGE DOOR REPAIRS: PARKING GARAGE
GARAGE DOOR REPAIRS: PARKING
503749 1/5/2023 012285 JOHNSTONE SUPPLY PLUMBING SUPPLIES: PD

STOREFRONT
503750 1/5/2023 022664 MARIPOSATREE

MANAGEMENT INC
503751 1/5/2023 012264 MIRANDA, JULIO C
ANNUAL TREE TRIMMING: ROW:

PARKS
TREE SVCS: BAHIA VISTA PARK: PV\
TREE SVCS: CAMPOS VERDES SLC
TREE SVCS: VETERANS PARK: PW
TREE SVCS: SERENA HILLS PK: PW
TREE SVCS: VARI PARKS: PW
ANNUAL TREE TRIMMING: ROW: PA
TREE SVCS: S-19: PARKS: VARIOUS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS
Amount Paid
538.67
538.67
538.67
538.67
388.30
443.34
250.00
444.56
377.44
155.90
36, 516.76
1,472.63
6,380.25
4,381.76
2,828.00
4,399.14
1,700.64
3,498.05
529.20
226.80

88.20 277.20
Check Total
2,154.68
831.64
250.00
822.00
155.90
61,177.23
1,121.40
Paget

apChkLst Final Check List Page: 3
01/03/2023 4:46:19PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date Vendor
Description
Amount Paid Check Total
503752 1/5/2023 004043 MISSION ELECTRIC SUPPLY
POLICE STOREFRONT RENOVATIONS:
160.20
INC
PW
POLICE STOREFRONT RENOVATIOI•
735.44
CRC RENOVATIONS: PW
1,283.25

POLICE STOREFRONT RENOVATION

97.22 POLICE STOREFRONT RENOVATION
1,810.10
CRC RENOVATIONS: PW
312.90
CRC RENOVATIONS: PW
279.66
ELECTRICAL SUPPLIES: CIVIC CTR
220.06
ELECTRICAL SUPPLIES: PARKS: PV\

36.81 ELECTRICAL SUPPLIES: OLD TOWN
116.34
ELECTRICAL SUPPLIES: CIVIC CTR
1,685.85
ELECTRICAL SUPPLIES: CIVIC CTR
294.98
ELECTRICAL SUPPLIES: PARKS: PV\

48.09 ELECTRICAL SUPPLIES: PARKS: PV\

73.57 ELECTRICAL SUPPLIES: TVE2
543.90
ELECTRICAL SUPPLIES: AQUATICS
292.65
ELECTRICAL SUPPLIES: PARKS: PV\
367.87
ELECTRICAL PARTS: EV CHARGING

39.78 POLICE STOREFRONT RENOVATION

40.78 8,439.45
503753 1/5/2023 002925 NAPAAUTO PARTS
AUTO PARTS: STREET MAINT: PW

13.58 AUTO PARTS: STREET MAINT: PW
108.74 122.32
Page:3

apChkLst
01/03/2023 4:46:19PM
Bank: eunion EFT UNION BANK
Check # Date
503754 1/5/2023
Vendor
022599 NIEVES LANDSCAPE INC
Final Check List

CITY OF TEMECULA
(Continued)
Description
Page: 4
Amount Paid Check Total
IRRIGATION REPAIRS: SVC LEVEL C
3,564.00
516
IRRIGATION REPAIRS: HARVESTON
8,505.00

MEMORIAL TREE PLANTING - VARIC
840.00

LANDSCAPE IMPROVEMENTS FOR
5,660.00
IRRIGATION REPAIRS: VINTAGE HIL
1,907.48
IRRIGATION REPAIRS: LONG CANYC
1,740.00

IRRIGATION REPAIRS AT VAIL RANC
309.23
Medians - Butterfield Stage Landscape
2,616.00
TURF REMOVAL: LOMA LINDA PK: P'
5,160.00
IRRIGATION REPAIR: VINTAGE HILL:
356.65
TURF REMOVAL: LOMA LINDA PK: P'
18,220.00
IRRIGATION REPAIRS: VAIL RANCH
336.30
LANDSCAPE REPAIRS: MURRIETA C
199.07
LDSCP MAINT & REPAIRS: SOMMER
172.08
IRRIGATION REPAIRS: VAIL RANCH
210.03
LANDSCAPE REPAIRS: VETERANS 1
342.46
LANDSCAPE REPAIRS: VETERANS 1
108.18
IRRIGATION REPAIRS: BIRDSALL PA
226.88
LDSCP MAINT & REPAIRS: MEDIAN,
199.07
IRRIGATION REPAIRS: VAIL RANCH
217.52
LANDSCAPE MAINT: MARGARITA ME
201.10
LDSCP MAINT & REPAIRS: MEDIAN,
115.49
LANDSCAPE REPAIRS: DUCK POND
460.00
IRRIGATION REPAIRS: SAM HICKS F
5,930.00
IRRIGATION REPAIRS: CROWN HILL
139.88
TURF REMOVAL: LOMA LINDA PK: P'
12,010.00
IRRIGATION REPAIRS: VAIL RANCH
216.26
IRRIGATION REPAIRS: PECHANGA R
326.20
IRRIGATION REPAIRS: VARI LOCATI,
325.09
IRRIGATION REPAIRS: PECHANGA R
534.12
IRRIGATION REPAIRS: VAIL RANCH
309.62
IRRIGATION REPAIRS: MEADOW PA
19,866.00
LANDSCAPE REPAIRS: RRSP
8,897.99
IRRIGATION REPAIRS: BIRDSALL PA
347.45
IRRIGATION REPAIRS: CAMPOS VEE

99.54 IRRIGATION REPAIRS: VAIL RANCH
383.83
LDSCP MAINT & REPAIRS: MEDIAN,
223.47
LDSCP MAINT & REPAIRS: MEDIAN,
2,835.00
IRRIGATION REPAIRS: VAIL RANCH
210.03
LDSCP MAINT & REPAIRS: MEDIAN
197.42
104, 518.44
Page:4

apChkLst Final Check List Page: 5
01/03/2023 4:46:19PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
503755 1/5/2023
021998 OLD TOWN TIRE AND SERVICE
VEHICLE REPAIRS: PARKS: PW
367.27
INC
VEHICLE REPAIRS: PARKS: PW

82.39 VEHICLE REPAIRS: PARKS: PW

63.34 VEHICLE REPAIRS: PARKS: PW

46.32 VEHICLE REPAIRS: PARKS: PW
201.52
VEHICLE REPAIRS: PARKS: PW
510.45
VEHICLE REPAIRS: PARKS: PW
1,487.41
2,758.70
503756 1/5/2023
005075 PRUDENTIAL OVERALL
FLOOR MATS/TOWEL RENTALS:

24.52 SUPPLY

SENIOR CTR
FLOOR MATS/TOWEL RENTALS: FO,

10.28 UNIFORM SVCS: STREET MAINT: Pb
136.19
FLOOR MATS/TOWEL RENTALS: TCI

14.32 FLOOR MATS/TOWEL RENTALS: JR(

10.07 FLOOR MATS/TOWEL RENTALS: CIS
101.94
FLOOR MATS/TOWEL RENTALS: LIB

19.88 FLOOR MATS/TOWEL RENTALS: FO,

10.28 327.48
503757 1/5/2023
022537 REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: CIVIC CTR
115.86

DISTRIBUTOR
MISC HVAC SUPPLIES: CRC
836.46
MISC HVAC SUPPLIES: CIVIC CTR
231.72
MISC HVAC SUPPLIES: TVM

37.75 MISC HVAC SUPPLIES: CIVIC CTR

72.29 MISC HVAC SUPPLIES: CIVIC CTR
830.53
MISC HVAC SUPPLIES: PARKING GP

15.47 MISC HVAC SUPPLIES: CIVIC CTR
158.14
MISC HVAC SUPPLIES: PARKING GP
225.62
MISC HVAC SUPPLIES: THEATER

19.28 MISC HVAC SUPPLIES: CIVIC CTR

47.71 2,590.83
503758 1/5/2023
004274 SAFE AND SECURE
LOCKSMITH SVCS: CRC & CIVIC CTR
282.03

LOCKSMITH SRVC
LOCKSMITH SVCS: PARKS: PW
407.81
LOCKSMITH SVCS: CRC

38.06 727.90
503759 1/5/2023
021620 SIEMENS MOBILITY INC,
STREETLIGHT FOUNDATIONS:
8,418.80

YUNEX LLC
STREETS: PW
STREET LIGHT REMOVAL: MEADOV\
1,867.68
10,286.48
503760 1/5/2023
002366 STEAM SUPERIOR CARPET
CARPET CLEANING: CIVIC CTR
215.00
215.00

CLEANING
503761 1/5/2023
003840 STRONG'S PAINTING
PAINTING SVCS: WELCOME CTR &
3,000.00
GARAGE
PAINTING SVCS: TVE2: PW
1,050.00
PREP & PAINT STUCCO WALL: PARI,
2,000.00
6,050.00
503762 1/5/2023
018147 WADDLETON, JEFFREY L.

TCSD INSTRUCTOR EARNINGS
578.20
578.20
Page:5

apChkLst Final Check List Page: 6
01/03/2023 4:46:19PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
503763 1/5/2023 020275 WALLACE & ASSOC

CONSULTING LLC, ANSER

ADVISORY MNGMT LLC
(Continued)
Description
NOV INSPECTION SVCS: LAND

DEV/NPDES
Amount Paid
138.00
Grand total for EFT UNION BANK:

Check Total
138.00
253,268.00
Page:6

apChkLst Final Check List Page: 7
01/03/2023 4:46:19PM CITY OF TEMECULA
31 checks in this report.

Grand Total All Checks: 253,268.00
Page:7

apChkLst Final Check List Page: 1
01/05/2023 9:33:21AM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
Description
Amount Paid
Check Total
1/5/2023
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: CITY CLERK

45.16 EXP MAIL SVCS: CITY CLERK

32.86 78.02
1/5/2023
000186

HANKS HARDWARE INC
MISC MAIN SUPPLIES: PARKS: PW
1,685.76
MISC MAINT SUPPLIES: CIVIC CTR
1,459.26
MISC MAINT SUPPLIES: CRC
142.92
MISC MAINT SUPPLIES: MPSC

47.82 3,335.76
1/5/2023
000519

SOUTH COUNTY PEST
PEST CONTROL SVCS: HARVESTON

95.00 CONTROL INC
PK
PEST CONTROL SVCS: REDHAWK C

94.00 PEST CONTROL SVCS: LIBRARY

90.00 PEST CONTROL SVCS: THEATER

90.00 PEST CONTROL SVCS: BIRDSALL PI

70.00 PEST CONTROL SVCS: TVE2

56.00 PEST CONTROL SVCS: FOC

52.00 PEST CONTROL SVCS: WOLF CREE

49.00 PEST CONTROL SVCS: DUCK PONC

49.00 PEST CONTROL SVCS: MARG SPLA

49.00 PEST CONTROL SVCS: WEST WING

40.00 PEST CONTROL SVCS: SENIOR CEP

29.00 763.00
1/5/2023
000537

SO CALIF EDISON
DEC 700116137841 VARIOUS
34,310.20

LOCATIONS
DEC 700039423268 VARI LOCATION;
1,065.02
DEC 700276704365 MAIN ST
503.26
35,878.48
1/5/2023
001323

BLUETRITON BRANDS INC,
11/11-12/10 WTR DLVRY SVCS: FOC
172.24

DBA READYREFRESH
10/23-11/22 WTR DLVRY SVC: TES P

28.69 WATER DLVRY SVCS: TES POOL

20.43 221.36
1/5/2023
001342

WAXIE SANITARY SUPPLY INC
CLEANING SUPPLIES: VARIOUS PARK
11,004.52
11,004.52
SITES
1/5/2023
002503

SOUTH COAST AIR QUALITY,
FY 22/23 1 C E ELEC GEN DIESEL: TPL
468.76

MANAGEMENT DISTRICT
FY22/23 FLAT FEE: LAST FY EMISSI(
151.85
620.61
1/5/2023
003000

STATE WATER RESOURCE
STORM WATER PERMIT: SANTA
600.00
600.00

CONTROL, BOARD

GERTRUDIS CRK
1/5/2023
003747

FINE ARTS NETWORK AKA
STTLMNT: THE NUTCRACKER BALLET
74,191.68
74,191.68

THEATRE, CO AND BALLET

THEATER
1/5/2023
004422

AMERICAN BATTERY
BATTERY PURCHASES: CIVIC CENTER
148.76
148.76

CORPORATION, DBA

AMERICAN BATTERY SUP
1/5/2023
004971

CANON FINANCIAL SERVICES
DEC COPIERS LEASE: LIBRARY
671.56
671.56
INC
1/5/2023
009980

SANBORN GWYNETH A, CO
COUNTRY LIVE! @ THE MERC 12/17
506.25
506.25

TEMECULA MUSIC ACADEMY
1/5/2023
010338

POOL AND ELECTRICAL,
POOL SUPPLIES: AQUATICS
969.38
969.38

PRODUCTS INC
Page:1

apChkLst Final Check List Page: 2
01/05/2023 9:33:21AM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
1/5/2023
012627

CLEAR IMAGE ENTERPRISES
STEAM CLEAN WALKWAYS: CIVIC
2,500.00
2,500.00
INC, DBA:CLEAR IMAGE
CENTER

WINDOW CL
1/5/2023
013387

ADAME LANDSCAPE INC, DBA
DEC SWEEPING SVCS: PARKING
540.00
540.00

SWEEPING UNLIMITED
GARAGE
1/5/2023
014818
SKYFIT TECH, INC.

FITNESS CENTER ENHANCEMENTS:
2,246.91
2,246.91
HR
1/5/2023
015470

DESERT VETERINARY
2/5/21-7/2/21 VETERINARY SVCS: PD
1,905.07
1,905.07

SPECIALISTS
1/5/2023
016446

CHRISTIAN STITCHERY INC,
UNIFORMS: SANTA GERTRUDIS
1,085.33
1,085.33

DBA SO CAL IMPRESSIONS
CREEK: CIP
1/5/2023
017118

KRACH BREE B, DBA
NAME PLATES: CITY CLERK

65.25 65.25

TEMECULA TROPHY & DES
1/5/2023
019250

ST FRANCIS ELECTRIC LLC
TRAFFIC CABINET: JEFFERSON &
5,100.30
5,100.30

OVERLAND
1/5/2023
019884

LEONIDA BUILDERS INC

SANTA GERTRUDIS CRK PEDESTRIAN
42,859.67
42,859.67
EXT
1/5/2023
020193

WHITE CAP LP
MISC SUPPLIES: PARKS: PW
219.50
MISC SUPPLIES: PARKS: PW
103.47
322.97
1/5/2023
020762
AT&T
ACTIVATION/ LOCATION FEES: POLICE
325.00
325.00
1/5/2023
021312

NZN LABS INC
TVE2 LEASE REIMBURSEMENT
2,650.00
2,650.00
1/5/2023
022888
ARAMARK SERVICES INC, DBA RFRSHMNT SVCS: FOC: PW
564.97

ARAMARK REFRESHMENT
RFRSHMNT SVCS: CITY HALL: PW
553.47
RFRSHMNT SVCS: CITY HALL: PW
148.74
RFRSHMNT SVCS: FOC: PW

79.13 REFRESHMENT SVCS: CIVIC CTR
-25.55
RFRSHMNT SVCS: FOC
-144.71
1,176.05
1/5/2023
022929

SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS
220.98
220.98

LINCOLN AQUATICS
1/5/2023
022993
EMPLOYEE #00626
REIMB: UNIFORMS: BLDG & SAFETY
146.79
146.79
1/5/2023
022994
EMPLOYEE#00625
REIMB: UNIFORMS: BLDG & SAFETY
149.39
149.39
1/5/2023
023156

AVTECH SOFTWARE INC
MONITOR EQUIP: ROOM TEMP: INFO
4,111.76
4,111.76
TECH
1/5/2023
023162

MEADOWS INC, THE
VOLUNTEER APPRECIATION DINNER:
3,150.00
3,150.00

TEM SHERI
1/5/2023
023172
E2LOGICX CORPORATION
TVE2 LEASE REIMBURSEMENT
1,125.00
1,125.00
Grand total for UNION BANK:
198,669.85
Paget

apChkLst Final Check List Page: 3
01/05/2023 9:33:21AM CITY OF TEMECULA
31 checks in this report.

Grand Total All Checks: 198,669.85
Page:3

Item No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: January 24, 2023
SUBJECT: Adopt Resolution Making Certain Additional Findings Supporting Amendments to the 2022 California Fire Code
PREPARED BY: Elsa Wigle, Assistant Fire Marshal
RECOMMENDATION: That the City Council adopt a resolution 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
BACKGROUND: 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.

Following adoption of Resolution No. 2022-81, it was determined that additional findings are necessary, thereby requiring adoption of this resolution. Those findings relate to amendments to Section 505.1 (Address identification). The findings supporting these amendments have been revised to indicate that the amendments are reasonably necessary due to local climatic, geological or topographical conditions, rather than the administrative basis previously stated. This resolution will replace and supersede Resolution No. 2022-81.

A certified copy of the entirety of the text of this resolution 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: Resolution

RESOLUTION NO.2023-

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

C, T & G
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
C 103.1
Hydrant spacing
C. T & G

Section. 4. Resolution No. 2022-81 is hereby repealed.

Section 5. 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 24th day of January, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of January, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 5

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: January 24, 2023
SUBJECT: Adopt Resolution Making Certain Additional Findings Supporting Amendments to the 2022 California Building Codes
PREPARED BY: Brian Clements, Building Official
Sophia Lewing, Code Enforcement Officer I
RECOMMENDATION: That the City Council adopt a resolution 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
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 geological, 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.

Ordinance No. 2022-13 and Resolution 2022-82 were adopted at the October 25, 2022, City Council Meeting.

Following adoption of Resolution No. 2022-82, it was determined that additional findings are necessary, thereby requiring adoption of this resolution. These additional findings supporting local Building Code amendments are based upon local geological, topographical, or climatic conditions.

This Resolution will replace and supersede Resolution No. 2022-82.

FISCAL IMPACT: None
ATTACHMENTS: Resolution

RESOLUTION NO.2023-

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

C, T & G
Appendix AX, Section
Swimming Pool Safety Act

C, T & G
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

C, T & G
Section 4. Resolution No. 2022-82 is hereby repealed.

Section 5. 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 24th day of January, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of January, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 6

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: January 24, 2023
SUBJECT: Approve Fourth Amendment to Agreement with David Evans and Associates, Inc. for the Diaz Road Expansion Project, PW17-25
PREPARED BY: Amer Attar, Engineering Manager
Nino Abad, Senior Civil Engineer
RECOMMENDATION: That the City Council:

1. Approve the fourth amendment to the agreement with David Evans and Associates, Inc., in the amount of $120,000, for additional contingency in support of the professional design and environmental services of the Diaz Road Expansion Project, PW17-25; and

2. Increase the City Manager's authority to approve extra work authorizations by $120,000.

BACKGROUND: On October 22, 2019, the City Council approved the agreement for consultant services with David Evans and Associates, Inc. to provide professional design and environmental services for the Diaz Road Expansion Project, PW 17-25. The agreement, including all prior amendments, is in the amount of $733,312 plus $332,611 of contingency under the City Manager's authority.

Several extra work authorizations have been issued for services including additional traffic studies and VMT analysis, environmental studies, project phasing, additive bidding, and environmental permitting. Additional engineering and environmental services are needed to address permitting through the US Army Corps of Engineers, Riverside County Flood Control and Water Conservation District, and extensive coordination with the Eastern Municipal Water District related to their capital project to remove and replace the Diaz Road (sewer) Lift Station. At this time, it is necessary to increase the contingency funds for additional and unforeseen work tasks.

This Fourth Amendment adds $120,000 in contingency and allows for performing additional services under the agreement through extra work authorization(s). Approval of the Fourth Amendment results in an agreement amount of $733,312 and a contingency amount of $452,611, for a total encumbrance of $1,185,923.

FISCAL IMPACT: The Diaz Road Expansion Project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2023-27, and is funded with DIF (Street Improvements), Measure S, and TUMF (WRCOG). There are sufficient project funds to cover the cost of $120,000 associated with the Fourth Amendment.

ATTACHMENTS: 1. Amendment

2. Project Description

FOURTH AMENDMENT TO AGREEMENT BETWEEN

CITY OF TEMECULA AND DAVID EVANS AND
ASSOCIATES, INC.

PW17-25 DIAZ ROAD EXPANSION
(Agreement No. 19-258)
THIS FOURTH AMENDMENT is made and entered into as of January 24, 2023, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and David Evans and Associates, Inc., a Corporation (hereinafter referred to as "Consultant").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This Amendment is made with the respect to the following facts and purposes:
a. On October 22, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services Between City of Temecula and David Evans and Associates, Inc., PW17-25 Diaz Road Expansion", in the amount of $733,312.00, plus contingency in the amount of $73,331.20. b. On January 20, 2021, the City and Consultant entered into the First Amendment to the Agreement to increase the contingency in the amount of $100,000.00.

C. On July 27, 2021, the City and Consultant entered into the Second Amendment to the Agreement to increase the contingency in the amount of $100,000.00. d. On May 24, 2022, the City and Consultant entered into the Third Amendment to the Agreement to increase the contingency in the amount of $59,279.80. e. The parties now desire to increase the contingency in the amount of $120,000.00.

2. Section 6 of the Agreement entitled " PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FOURTH Amendment amount shall not exceed One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00), to increase contingency for a total Agreement amount of One Million One Hundred Eighty -Five Thousand, Nine Hundred Twenty -Three Dollars and Zero Cents ($1,185,923.00).

3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

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

CITY OF TEMECULA
By:

Zak Schwank, Mayor
ATTEST:

By: ___
Rand! Johl, City Clerk
APPROVED AS TO FORM:

By:

DAVID EVANS AND ASSOCIATES, INC.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
By:

Mark Min , Vice President
By. `
Gavin Powell, Associate
Peter M. Thorson, City Attorney CONSULTANT
David Evans and Associates, Inc.

Attn: Gavin Powel
41951 Remington Avenue, Suite 220
Temecula, CA 92590
(951 ) 294-9346
[email protected]
City Purchasing Mgr.

Initials and Date:
r' Z
2 f
�l
Alk
R
c7"
The Heart of Southern California
Wine Country

DIAZ ROAD EXPANSION
Circulation Project
Project Description: Converts Diaz Road into a Major Arterial (4 Lanes Divided) classification, between Cherry Street and Rancho California Road.

Improvements will be added to Diaz Road on its current alignment as shown in the Roadway Plan of the General Plan's Circulation Element. This project includes the design, environmental clearance, right of way acquisition, and construction necessary to complete the 2.2 mile segment, which will be developed and constructed in phases: Phase 1: Diaz Road from Winchester Rd to Rancho California Rd and Phase 2: Diaz Road from Cherry Street to Winchester Rd.

Benefit: This project improves traffic circulation by expanding an important north -south arterial on the west side of the City and completes a portion of the designated Western Bypass.

Core Value: Transportation Mobility and Connectivity
Project Status: Phase 1 is in the design and environmental clearance phase.

Department: Public Works - Account No. 210.265.999.521 / PW17-25 Level: III
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
Project Cost:

Prior Years
Actuals
2021-22
Adjusted
2022-23
Adopted 2023-24 2024-25
Budget Projected Projected
2025-26 2026-27
Projected Projected
Total Project
Cost
Administration
82,704
89,331
60,000
139,478
371,513
Construction
1,000,000
7,000,000
2,800,000
10,800,000
Construction Engineering
720,000
255,000
975,000
Design & Environmental
629,494
436,429
223,555
280,000
1,569,478
MSHCP
400,000
140,000
540,000
Total Expenditures
1 712,1981
1,525,760
8,403,555 -
3,614,478
14,255,991
Source of Funds:

DIF-Street Improvements
590
590
Measure A
1,000,000 2,575,000
3,575,000
Measure S
162,923
8,522 1,328,555
1,500,000

TUMF (WRCOG)
331,096
734,827 4,500,000
5,565,923
Unspecified
3,614,478
3,614,478
Total Funding
494,609
1,743,349 8,403,555 3,614,478
14,255,991
Future Operating & Maintenance Costs:

Total Operating Costs
79 Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 24, 2023
SUBJECT: Approve Increase to Construction Contingency Authorization for the Citywide Concrete Repairs — Fiscal Year 2021-22, PW22-01
PREPARED BY: Amer Attar, Engineering Manager
RECOMMENDATION: That the City Council:

1. Approve an increase to the contingency for construction of the Citywide Concrete Repairs — Fiscal Year 2021-22, PW22-01 by $40,000; and

2. Increase the City Manager's authority to approve construction contract change orders by $40,000.

BACKGROUND: On July 26, 2022, the City Council awarded the construction contract for the Citywide Concrete Repairs — Fiscal Year 2021-22, PW22-01 to LC Paving & Sealing in the amount of $272,369.97.

The Citywide Concrete Repairs is an annual maintenance project to repair various concrete facilities within the City's public right-of-way. The Department of Public Works, Maintenance Division surveys the City and compiles a list of the improvements that are in need of repair.

This year's project is removing and replacing curb & gutter, sidewalk, access ramps, driveways, and under sidewalk drains at more than seventy (70) locations. In addition, concrete access ramps are replacing curbs at several schools. The work includes the required striping.

During construction, it became apparent that the scope of work will need to be increased to include improvements at two more locations. The first location is at the intersection of Regina Drive and Garoli Pass where an installation of a curb ramp and restriping of the cross walk is necessary. The second location is at 28030 Del Rio Road where a damaged commercial driveway and a significant length of the curb and gutter will need to be replaced for proper drainage.

The increase to the contingency will enable staff to add the improvements described to the project.

A construction contract change order will be processed for this work.

FISCAL IMPACT: The Citywide Concrete Repairs project is included in the Fiscal Year 2022-23 Operating Budget and is funded with Measure A. Adequate funds are available in the Measure A account to cover the $40,000 increase to the contingency.

ATTACHMENTS: Additional Work Locations Map

Citywide Concrete Repairs Fiscal Year 2021/22 , PW22-01 Regina Drive at Garoli Pass
' r
LA
!1p I
AL
tF
1: 1,128

3.1 0 94.04 188.1 Feet This map is a user generated static output from an Internet mapping site is for reference only. Data layers that appear on this map may or may no S_1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise relia .atitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATI OF TENj�C
U
ooti ioo
1989
r'
Legend
City of Temecula Boundary
Parcels
Street Names
Highways
HWY
d INTERCHANGE
. INTERSTATE

OFFRAMP
ONRAMP
. USHWY
Notes

Citywide Concrete Repairs Fiscal Year 2021122, PW22-01
28030 Del Rio Road
A J� a; 1p� '
x
-y
0 47.02 94.0 Feet
This map is a user generated static output from an Internet mapping sit is for reference only. Data layers that appear on this map may or may r i 1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise rel titude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGA" Legend
i•,; City of Temecula Boundary
n Parcels
Street Names
Highways
HWY

INTERCHANGE

INTERSTATE

OFFRAMP
ONRAMP
USHWY
Hospitals
Public Facilities
Parks
Schools
Notes

Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 24, 2023
SUBJECT: Approve Increase to Construction Contingency Authorization for the Pavement Rehabilitation Program — Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road Project, PW21-10
PREPARED BY: Nino Abad, Senior Civil Engineer
Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve an increase to the contingency for construction of the Pavement Rehabilitation Program — Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10 by $913,400; and

2. Increase the City Manager's authority to approve construction contract change orders by $913,400.

BACKGROUND: On October 11, 2022, the City Council awarded the construction contract for the Pavement Rehabilitation Program — Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road Project, PW21-10 to All American Asphalt. This work generally consists of full width and/or edge grinding of existing asphalt, localized dig outs, preparation of grade, and placement of rubberized asphalt concrete pavement. Work also includes reconstruction of ADA curb ramps, removal and replacement of curb and gutter, adjustment of existing utilities to grade, installation and removal of temporary video detection and restoration of existing striping, and detector loops.

During the rehabilitation of Nicolas Road, staff reassessed the roadway segment from North General Kearny Road to Joseph Road, just east of the original project limits. It was determined that the roadway rehabilitation work should be extended to include this segment. However, the current contingency balance of the project is insufficient to add this segment of Nicolas Road.

Staff recommends an increase to the construction contingency, and the City Manager's authority to issue construction contract change orders, by $913,400 for a total authorized contingency of $1,276,321.90. The contractor has agreed to extend the unit prices of the contract to the applicable items included in this addition.

FISCAL IMPACT: The Pavement Rehabilitation Program — Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road Project, PW21-10 is a component of the Pavement Rehabilitation Program — Citywide which is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023-2027 and funded with Measure A and Road Repair and Accountability Act (RMRA) funds. There are adequate funds in account 210.265.655 to cover the requested additional contingency amount of $913,400.

ATTACHMENTS: 1. Project Description

2. Project Locations — Original Scope

3. Project Location — Additional Nicolas Road Segment

f
Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program

PAVEMENT REHABILITATION PROGRAM - CITYWIDE
Circulation Project
Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management Program update.

Benefit: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met.

Core Value: Transportation Mobility and Connectivity
Project Status: A priority list of rehabilitation projects from the Pavement Management Program is used to determine the projects to be undertaken.

Construction is completed annually based on the allocated funds.

Department: Public Works - Account No. 210.265.999.655 / Various Level: I
BEFORE
E
AFTER
Project Cost:

Prior Years
Actuals
2021-22
Adjusted
2022-23
Adopted
Budget
2023-24
Projected
2024-25
Projected
2025-26
Projected
2026-27
Projected
Total Project
Cost
Administration
3,298,480
2,067,788
668,205
662,724
682,098
670,888
300,000
8,350,183
Construction
26,172,728
6,487,913
1,217,678
1,564,001
2,513,762
2,605,055
3,200,203
43,761,340
Construction Engineering
462,293
1,436,179
383,203
377,723
385,277
388,409
250,000
3,683,084
Design & Environmental
801,699
496,343
1,298,042
Total Expenditures
30,735,200
10,488,223
2,269,086
2,604,448
3,581,137
3,664,352
3,750,203
57,092,649
Source of Funds:

Gas Tax
1,200,000
1,200,000
General Fund
5,692,614
5,692,614
Measure A
16,646,857
6,575,889 289,980 1,220,380 1,256,380 1,294,071
27,283,557
Measure S
2,000,000
2,000,000
Reimbursements
36,000
227,337
263,337
RMRA
5,054,005
3,790,721 2,269,086 2,314,468 2,360,757 2,407,972 2,456,132 20,653,141
Total Funding
1 30,629,4761
10,593,947 2,269,086 2,604,448 3,581,137 3,664,352 3,750,2031 57,092,649
Future Operating & Maintenance Costs:

Total Operating Costs
Notes:

1. Road Repair and Accountability Act (RMRA)
100

PW 21-10 Pavement Rehabilitation Program - Ynez Road

1.J,
EQUI�j-y'-"=ice,, �.
�iDr�/�
}
lor
:i
f
}
Legend
Ynez Road
City Boundary
0 250 500 Feet
The map GrindProjects.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https:Htemeculaca.gov/gis Updated 11/15/2021

PW 21-10 Pavement Rehabilitation Program - Solana Way
0 125 250 Feet
The map GrindProjects.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https:Htemeculaca.gov/gis Updated 11/15/2021

Ak
PW 21-10 Pavement Rehabilitation Program - Nicolas Road 0 125 250 Feet
The map GdndProjects.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at hftps://temeculaca.gov/gis Updated 11 /15/2021

PW 21-10 Pavement Rehabilitation Program - Winchester Road 0 125 250 Feet
The map GdndProjects.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at hftps://temeculaca.gov/gis Updated 11 /15/2021

City of Temecula - Nicolas Road
0 125 250 Feet
The map Grind Projects. mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update Al and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis Updated 1/3/2023

Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 24, 2023
SUBJECT: Approve Increase to Contingency for Extra Work for Additional Landscape Maintenance Services with Nieves Landscape, Inc.

PREPARED BY: Julie Tarrant, Principal Management Analyst Stacy Fox, Parks and Landscape Maintenance Superintendent RECOMMENDATION: That the City Council approve an increase to contingency for extra work for additional Landscape Maintenance Services with Nieves Landscape, Inc., in the amount of $150,000 for Fiscal Year 2022-2023.

BACKGROUND: On April 10, 2021, City Council approved a Minor Maintenance Agreement for Landscape Maintenance Services with Nieves Landscape, Inc., for Fiscal Year 2021-2022. City Council subsequently approved agreement amendments on August 10, 2021, October 26, 2021, and May 24, 2022, to approve contingency to include additional scope of services, and extend terms for FY2022-2023 for continued landscape maintenance services for parks, medians, facilities, and perimeter landscaping throughout the city. The current amount of the Agreement with Nieves Landscape, inc. for FY 2022-23 is $2,748,693.

Since the approval of the original agreement, Nieves Landscape, Inc., has been requested to perform a variety of extra work tasks to support turf replacement projects, enhanced landscaping at various locations, and perform additional landscape repairs and replacements due to traffic incidents. In addition, Nieves Landscape is performing extra work associated with a recently approved program through Metropolitan Water District (MWD) to complete multiple Turf Replacement Program projects, as identified in the Capital Improvement Program (CIP) - Fiscal Years 2023-27. All extra work, which is in addition to regular maintenance services, is charged to the contingency. Due to the additional extra work tasks, the original contingency allowance has been nearly exhausted, so staff therefore recommends an increase to contingency in the amount of $150,000 for FY22-23. The additional contingency will help support the ongoing extra work tasks necessary to complete the various projects.

FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget (AOB) for Fiscal Year 2022-2023 and in the Capital Improvement Program (CIP) - Fiscal Years 2023-2027.

ATTACHMENTS: None

Item No. 10

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 24, 2023
SUBJECT: Approve Water Quality Management Plan Alternative Compliance Agreement and Authorize the City Manager to Execute on Behalf of the City PREPARED BY: Anissa Sharp, Management Assistant
Ron Moreno, Principal Civil Engineer/City Surveyor
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THE FORM AND AUTHORIZING

THE CITY MANAGER TO EXECUTE WATER QUALITY

MANAGEMENT PLAN ALTERNATIVE COMPLIANCE

AGREEMENTS ON BEHALF OF THE CITY
BACKGROUND: On May 8, 2013, the California Regional Water Quality Control Board San Diego Region ("San Diego Water Board") issued a municipal stormwater permit (Order No. R9-2013-0001; "Regional MS4 Permit") to the municipal Copermittees. Stormwater management requirements for development projects are derived from the Regional MS4 Permit and implemented by local jurisdictions. Pursuant to the City's MS4 Permit, the City of Temecula BMP Design Manual and Municipal Code require the Owner to construct and install certain source control, site design, and structural "best management practices" improvements on the Property to manage storm water ("BMPs"). Priority Development Projects ("PDPs") in the City of Temecula can request that the City consider Alternative Compliance options to meet its MS4 Permit obligations.

Alternative compliance refers to off -site compliance activities conducted by choice or by necessity, or both, when the full Pollutant Control and Hydromodification Performance Standards are not met through Structural BMPs implemented within the PDP site or the off -site public improvement site. Alternative Compliance Projects (ACPs) typically consist of implementing off -site projects in combination with the use of on -site "flow-thru" treatment control BMPs in lieu of some or all on -site structural BMPs such that there is equal or greater benefit to water quality. The alternative compliance program is available only if the PDP applicant enters into a voluntary agreement with the City authorizing this arrangement. In lieu of constructing the BMPs for the Project, including

the BMPs for the Project's off -site public improvements the Owner shall pay to the City an In Lieu Fee. The fee represents the Owner's fair share of the costs of construction, installation and maintenance of ACP.

The Water Quality Management Plan Alternative Compliance Agreement between the Owner and City set forth the obligations of both parties with respect to the design, construction, and the In Lieu Fee.

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

ATTACHMENTS: 1. Resolution

2. Agreement

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA APPROVING THE FORM AND

AUTHORIZING THE CITY MANAGER TO EXECUTE

WATER QUALITY MANAGEMENT PLAN

ALTERNATIVE COMPLIANCE AGREEMENTS ON

BEHALF OF THE CITY

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

Section 1. The City Council does hereby find, determine and declare that:

A. As a municipal copermittee, the City of Temecula ("City") is adherent to the stormwater management requirements outlined by the California Regional Water Quality Control Board San Diego Region ("San Diego Water Board") within the Regional MS4 Permit.

B. Pursuant to the City's MS4 Permit, the City of Temecula BMP Design Manual and Municipal Code require the Owner to construct and install certain source control, site design, and structural "best management practices" improvements on the Property to manage storm water ("BMPs").

C. Priority Development Projects ("PDPs") in the City of Temecula can request that the City consider Alternative Compliance options to meet its MS4 Permit obligations.

D. The alternative compliance program is available only if the PDP applicant enters into the Water Quality Management Plan Alternative Compliance Agreement with the City authorizing this arrangement. In lieu of constructing the BMPs for the Project, including the BMPs for the Project's off -site public improvements the Owner shall pay to the City an In Lieu Fee. The fee represents the Owner's fair share of the costs of construction, installation and maintenance of ACP.

E. All projects are reviewed and approved by the Public Works Department prior to routing for signature. The City provides no monetary compensation upon agreement approval.

Section 2. The City Council hereby approves the template agreement entitled "Water Quality Management Plan Alternative Compliance Agreement" and authorizes the City Manager to execute such agreements on behalf of the City with individual property Owners with such changes and completed exhibits as may be approved by the City Attorney. The City Manager is also authorized to take such other actions as may be necessary and convenient to implement the purposes of the Agreement.

Section 3. The City Clerk shall certify to the adoption of this Resolution.

Section 4. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of January, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of January, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Temecula
41000 Main Street
Temecula, CA 92590
Attention: City Clerk
Exempt from Recording Fees pursuant to Government Code Section 27383 (Space above for Recorder's use)
APN:

WATER QUALITY MANAGEMENT PLAN ALTERNATIVE

COMPLIANCE AGREEMENT BETWEEN CITY OF TEMECULA AND

TO RUN WITH THE LAND
THIS AGREEMENT is made and entered into as of , 20 between the City of Temecula, a municipal corporation ("City") and , a California corporation ("Owner"). In consideration of the foregoing recitals of fact and the mutual covenants set forth in this Agreement, the parties agree as follows:

1. Recitals. The parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each agrees to be true and correct.

A. Owner is the owner of the described and depicted on Exhibit A, Description of Property ("Property").

B. On , 20_, the Planning Commission/City Council
approved the Owner's project entitled " " and adopted
Resolution Nos. , and approving the land use
entitlements for the project on the Property ("Project"). The Project generally consists of [_ residential units,][
square feet of commercial space,] [and parking spaces.] Condition No. for the Project requires the Owner to construct certain off -site public improvements. -1-
11086-0144\2268470v4.doc

C. The City is a co-permittee of the National Pollutant Discharge Elimination System (NPDES) and waste discharge requirements for discharges from the municipal separate storm sewer systems ("MS4") draining the watersheds within the San Diego region; Order No.

R9-2013-001, as amended by order Nos. R9-2015-0001 and R9-2015-0100; NPDES No.

CAS0109266 ("MS4 Permit.")
D. Pursuant to the City's MS4 Permit, the City of Temecula BMP Design Manual and Municipal Code require the Owner to construct and install certain source control, site design, and structural "best management practices" improvements on the Property to manage storm water ("BMPs"). The City Engineer has reviewed and analyzed the Water Quality Management Plan and the proposed BMPs for the Project. The City Engineer has determined, however, that the Project Structural BMPs, including the BMPs for the off -site public improvements, are not feasible. The description of the Project Structural BMPs and the reasons why they are infeasible are set forth on Exhibit B., Project Structural BMPs; Infeasibility Analysis.

E. Owner has, therefore, requested that the City consider Alternative Compliance options to meet its MS4 Permit obligations. The Regional MS4 Permit Provision E.3.c(3)(a)-(e) specifies requirements for Alternative Compliance options. 1) The City currently has a program in place to design and construct Alternative Compliance Projects ("ACPs"). Priority Development Projects ("PDP") applicants may pay an in - lieu fee to fund, or partially fund City ACPs and the City will assign the funded portion of City ACPs to the PDP. The City Engineer and PDP applicant must agree to the appropriate fee, which must be paid by the PDP applicant to the City prior to project approval. In -Lieu fees are subject to availability of City ACPs and the discretion of the City Engineer. 2) Alternative compliance refers to off -site compliance activities conducted by choice or by necessity, or both, when the full Pollutant Control and Hydromodification Performance Standards are not met through Structural BMPs implemented within the PDP site or the off -site public improvement site. Figure 1-3 of the City of Temecula BMP Design Manual generally represents two potential pathways for participating in alternative compliance (i.e. offsite projects that supplement the PDPs onsite BMP obligations). 3) ACPs typically consist of implementing off -site projects in combination with the use of on -site "flow-thru" treatment control BMPs in lieu of some or all on -site Structural BMPs such that there is equal or greater benefit to water quality. 4) Section E.3.c(3)(a)-(e) of the MS4 Permit specifies requirements for Alternative Compliance options, including the use of approved Water Quality Equivalency calculations, WMAA Candidate Projects, and Project Applicant -Proposed Alternative Compliance Projects. The MS4 Permit also specifies requirements for development and implementation of an In -Lieu Fee Structure and a Water Quality Credit System for transfer, accounting, and verification of fees and credits for Alternative Compliance Projects.

Additionally, this pathway is subject to all of the following criteria:
a) A voluntary agreement to implement the ACP must include reliable sources of funding for operation and maintenance of the applicant -proposed project. -2-
11086-0144\2268470v4.doc

b) The PDP applicant must provide adequate documentation in its Project Water Quality Management Plan, consistent with the Water Quality Equivalency Guidance Document and acceptable to the City, demonstrating that that pollutant control and/or hydromodification management within the proposed ACP are sufficient to mitigate for impacts caused by not implementing Structural BMPs fully on -site. c) The ACP must satisfy all applicable trading area restrictions outlined in the MS4 Permit, the Water Quality Equivalency Guidance Document, the City of Temecula BMP Design Manual, and as required by the City Engineer. d) Design of the ACP must be conducted under the direction of an appropriately qualified and licensed engineer, and competent and proficient in the fields pertinent to the candidate project design.
e) The ACP must be completed (constructed) prior to or concurrent with the first proposed PDP that will rely on it such that the ACP is operational prior to the certificate of occupancy of the first proposed PDP.

F. The City has designed and is constructing and installing an Alternate Compliance Project consisting of , located at and is
more fully described on Exhibit C ("ACP No. "), which includes the documentation of the ACP No. —compliance with the requirements of the MS4 Permit obligations described in Paragraph I.E.
1) ACP No. serves the watershed that includes the Project. 2) ACP No. will provide a greater overall water quality benefit for the Watershed Management Area than fully complying with the performance requirements of Provisions E.3.c.(1) and E.3.c.(2)(a) of the MS4 Permit onsite. 3) The City agrees to maintain ACP No. following final inspection and acceptance by the Director of Public Works of ACP No.

2. Obligations of Owner
A. In lieu of constructing the BMPs for the Project, including the BMPs for the Project's off -site public improvements, Owner shall pay to the City a fee of dollars ($ ) (the "In Lieu Fee"). The In Lieu Fee shall be paid to the City or placed in an approved escrow account prior to the issuance of a grading permit for the Project. If the Owner elects to use an escrow account to hold the In Lieu Fee, the City Manager and Owner shall enter into an escrow agreement in substantially the form attached as Exhibit D.

B. Owner and City further acknowledge and agree that:
1) The fee represents the Owner's fair share of the costs of construction, installation and maintenance of ACP No. with respect to the watershed in which the property is located.
-3-
11086-0144\2268470v4.doc

2) Owner shall construct, install, and maintain, at its sole cost and expense, in perpetuity the on -site Source Control, Site Design, and Flow-Thru BMPs identified in the Project WQMP, but will not be required to construct and install the Structural BMPs set forth on Exhibit B., Project Structural BMPs; Infeasibility Analysis.

C. Prior to City granting occupancy, or intended use of any portion of the Project, or both: (1) ACP No. shall be completed; (2) the In Lieu Fee shall have been paid to the City or released from Escrow to the City; and (3) the on -site improvements described in Paragraph 2.13.2) shall be installed. If these requirements are not fulfilled to the satisfaction of the City Engineer, the City shall be under no obligation to issue a certificate of occupancy or other final approval allowing use of the Project.

3. General
A. Exhibits. The following Exhibits are attached to this Agreement and incorporated herein as though set forth in full:
1) Exhibit A Property Description
2) Exhibit B. Project BMPs; Infeasibility Analysis
3) Exhibit C. Description of ACP No.
4) Exhibit D Escrow Agreement
5) Exhibit E Lender's Consent
B. Notices. Any and all notices, requests or other communications required or permitted to be given under this Agreement or by reason of this Agreement shall be in writing and shall be deemed to have been given when: (i) delivered in person or by courier or overnight delivery service; or (ii) three (3) business days after mailing, by certified or registered mail, to the parties at the following addresses or any such other address or addresses as the parties may, from time to time, designate in writing in the manner herein specified:

CITY: CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
Attention: City Manager
With a copy to:

RICHARDS, WATSON & GERSHON
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
Attention: Mr. Peter M. Thorson, City Attorney
.Im
11086-0144\2268470v4.doc

OWNER:

C. Valid and Binding Agreement. Each party has participated in the development an drafting of this Agreement. Each party has had the opportunity to consult with technical experts and legal counsel as to the content of this Agreement. Each party agrees that this Agreement is legal, valid and binding against the parry.

D. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each parry to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere or prohibit or make more onerous or difficult the performance of the other party hereto under this Agreement.

E. Amendment. No amendment to this Agreement shall be effective unless first provided in writing and executed by the parties hereto.

F. No Agency or Joint Venture. The terms and provisions of this Agreement shall not cause the parties hereto or any of each parties' agents, consultants, contractors or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge or expense of the other party to this Agreement.

G. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.

B Owner's Authority. Owner is entitled to enter into this Agreement and that all other persons, including without limitation, lenders, who may have some interests with respect to the Property have approved this Agreement as may be required by applicable law or agreements to which the Owner or its predecessors may be a party, and that by entering into this Agreement the Owner is not in violation or breach of any other agreement to which such Owner may be a parry.

C Lender's Consent. All persons who hold a deed of trust or other security interest on the Property have duly executed the Lender's Consent in the form of Exhibit D and said Lender's Consents are attached to this Agreement.

H. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignees. -5-
11086-0144\2268470v4.doc

I. Remedies. No remedy or election hereunder shall be deemed to be exclusive but shall, wherever possible, be cumulative with all other remedies at or in equity.

J. Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any action arising directly or indirectly under this Agreement shall be in the Superior Court of Riverside County, California.

IN WITNESS WHEREOF, the parties hereof have executed and entered into this Agreement as of the date set forth above.

OWNER
Name:

Title:

Name:

Title:
[SIGNATURES OF TWO CORPORATE OFFICERS OR CORPORATE AUTHORITY RESOLUTION REQUIRED]
IRE
11086-0144\2268470v4.doc

CITY OF TEMECULA, a municipal corporation
Aaron Adams
City Manager
Attest:

Randi Johl, JD, MMC
City Clerk
Approved as to form:

Peter M. Thorson
City Attorney
-7-
11086-0144\2268470v4.doc

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
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared
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.

Signature
(Seal)
In
11086-0144\2268470v4.doc

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
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared
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.

Signature
(Seal)
In
11086-0144\2268470v4.doc

EXHIBIT A

PROPERTY DESCRIPTION
-10-
11086-0144\2268470v4.doc

EXHIBIT B.

PROJECT BMPS; INFEASIBILITY ANALYSIS
-11-
11086-0144\2268470v4.doc

EXHIBIT C
DESCRIPTION OF ACP NO. -
-12-
11086-0144\2268470v4.doc

EXHIBIT D

ESCROW AGREEMENT
-13-
11086-0144\2268470v4.doc

EXHIBIT E

LENDER'S CONSENT

LENDER'S CONSENT AND SUBORDINATION TO AGREEMENT

FOR PAYMENT OF WATER QUALITY MANAGEMENT PLAN

ALTERNATIVE COMPLIANCE

1. ("Lender") holds a security interest in a portion of the Property described in the "WATER QUALITY MANAGEMENT PLAN ALTERNATE

COMPLIANCE AGREEMENT BETWEEN CITY OF TEMECULA AND
TO RUN WITH THE LAND" ("Agreement") set forth above between a California corporation, and
, a California ("Owner"), and the
City Of Temecula, a municipal corporation ("City"), dated as of

2. Lender acknowledges that the Agreement is an integral parts of the Owner's land use entitlements for the Property and provide significant benefits to the Owner and to the Property.

3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Agreement and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Agreement, its recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Agreement.

4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Agreement at the following address:

5. The individuals who have signed this document on behalf of Lender have the legal power, right, and authority approve this Consent and bind the Lender. -14-
11086-0144\2268470v4.doc

IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of ,
Name:

Title:

Name:

Title:
-15-
11086-0144\2268470v4.doc

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 )
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
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.

Signature
(Seal)
-16-
11086-0144\2268470v4.doc

Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 24, 2023
SUBJECT: Accept Easements Dedicated to Public in Connection with the Long Valley Wash Channel and Authorize Quitclaim of Easements to Riverside County Flood Control and Water Conservation District
PREPARED BY: Anissa Sharp, Management Assistant
Ron Moreno, Principal Civil Engineer
RECOMMENDATION: That the City Council adopt the following resolutions entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, ACCEPTING CERTAIN EASEMENTS

DEDICATED TO THE PUBLIC PURSUANT TO
DECLARATIONS OF DEDICATION RECORDED ON JULY 26,
1989 AS INSTRUMENT NUMBERS 249221, 249222, AND
249223 IN CONNECTION WITH THE LONG VALLEY WASH

CHANNEL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, APPROVING THREE QUITCLAIM DEEDS

CONVEYING TO RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT CERTAIN

EASEMENTS DEDICATED TO THE PUBLIC PURSUANT TO
DECLARATIONS OF DEDICATION RECORDED ON JULY 26,
1989 AS INSTRUMENT NUMBERS 249221, 249222, AND
249223 IN CONNECTION WITH THE LONG VALLEY WASH

CHANNEL
BACKGROUND: The Long Valley Wash Channel (Long Valley Wash Channel) is a storm drain facility located just south of Rancho California Road between Meadows Parkway and Butterfield Stage Road. On May 23, 1989 the Riverside County Flood Control and Water Conservation District (District) executed the Long Valley Wash Channel and Camino Marea Storm Drain Project No. 7-0-330 Cooperative Agreement (see attached), requiring the Developer

to construct certain flood control facilities as a condition of approval for Tentative Tract Map 22716.

Paragraph 9 of Section I of the Cooperative Agreement outlined the terms of project completion directing that "Upon completion of construction of the project, but prior to District acceptance of project for operation and maintenance, Developer shall convey or cause to be conveyed to District, flood control easements, including ingress and egress, in a form approved by District." The District consented to the recordation of certain Declarations of Dedication to the public made pursuant to Government Code Section 7050 by the respective Developers for certain easements (Subject Easements) described below for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Long Valley Wash Channel Storm Drain and all appurtenant works, including ingress and egress, but did not accept the declarations at that time because the improvements were not yet constructed. The Subject Easements are located in the City of Temecula.
• Easement dedicated to the public pursuant to the Declaration of Dedication recorded on July 26, 1989 as Instrument Number 249221 of Official Records of the County of Riverside (referencing Tract 22716 (part of Specific Plan No. 199 — Margarita Village, Long Valley Wash and noting that the subject easement is within Parcel 1 of Parcel Map 22514)
• Easement dedicated to the public pursuant to the Declaration of Dedication recorded on July 26, 1989 as Instrument Number 249222 of Official Records of the County of Riverside (referencing Tract 22716, part of Specific Plan No. 199 — Margarita Village, Long Valley Wash and noting that the subject easement is within Parcel 2 of Parcel Map 22514)
• Easement dedicated to the public pursuant to the Declaration of Dedication recorded on July 26, 1989 as Instrument Number 249223 (referencing part of Specific Plan No. 199 — Margarita Village, Tract 22716, Long Valley Wash Channel, Project No. 7-0-330 and noting that the subject easement is within Parcel 1 of Parcel Map 22513).

The Long Valley Wash Channel was constructed and accepted for maintenance by the District in 1992. The County and/or the District, however, did not accept the dedications of the Subject Easements after the improvements were constructed and prior to the incorporation of the City of Temecula. Accordingly, it is necessary for the City to accept said Subject Easements dedicated to the public pursuant to the Declarations of Dedication so that the City can then transfer its interest in said easements to the District for any necessary improvements and maintenance of said improvements.

If the City Council adopts the Resolution accepting the Subject Easements dedicated to the public pursuant to the Declarations of Dedication recorded on July 26, 1989 as Instrument Numbers 249221, 249222, and 249223 in connection with the Long Valley Wash Channel, the City can then transfer its rights in these Subject Easements to the District pursuant to the authorization granted in the Resolution approving three Quitclaim Deeds. This will provide to the District the necessary rights in the Subject Easements for the District to maintain the subject Long Valley Wash Channel

improvements in accordance with the terms of the Cooperative Agreement. City Staff recommends the acceptance of the Subject Easements made pursuant to the Declarations of Dedication and the approval of the Quitclaim Deeds conveying the Subject Easements to the District.

FISCAL IMPACT: The City will be relieved of maintenance responsibility for the subject Long Valley Wash Channel improvements.

ATTACHMENTS: 1. Resolution - Accepting Easements dedicated pursuant to Declarations of Dedication

2. Long Valley Wash Channel and Camino Marea Storm Drain Project No. 7-0-330 Cooperative Agreement

3. Resolution - Approving Quitclaim Deeds

4. Quitclaim Deed for Tract Map 22716-1

5. Quitclaim Deed for Parcel Map 26766

6. Quitclaim Deed for Parcel Maps 22513 and 38110

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA, ACCEPTING CERTAIN EASEMENTS

DEDICATED TO THE PUBLIC PURSUANT TO

DECLARATIONS OF DEDICATION RECORDED ON
JULY 26, 1989 AS INSTRUMENT NUMBERS 249221,
249222, AND 249223 IN CONNECTION WITH THE LONG

VALLEY WASH CHANNEL

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

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

A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. The City has been working with Riverside County Flood Control and Water Conservation District ("District") to ensure that the District has the rights necessary to maintain the Long Valley Wash Channel improvements.

B. The Long Valley Wash Channel (Long Valley Wash Channel) is a storm drain facility located just south of Rancho California Road between Meadows Parkway and Butterfield Stage Road. On May 23, 1989 the Riverside County Flood Control and Water Conservation District (District) executed the Long Valley Wash Channel and Camino Marea Storm Drain Project No. 7-0-330 Cooperative Agreement (see attached), requiring the Developer TAYCO, a California general partnership (Developer) to construct certain flood control facilities as a condition of approval for Tentative Tract Map 22716.

C. Paragraph 9 of Section I of the Cooperative Agreement outlined the terms of project completion directing that "Upon completion of construction of the project, but prior to District acceptance of project for operation and maintenance, Developer shall convey or cause to be conveyed to District, flood control easements, including ingress and egress, in a form approved by District." The District consented to the recordation of the Declarations of Dedication described below to the public made pursuant to Government Code Section 7050 by the respective Developers for certain easements (Subject Easements) for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Long Valley Wash Channel Storm Drain and all appurtenant works, including ingress and egress, but did not accept the dedications. The storm drain facility was constructed and accepted for maintenance by the District in 1992 but the Subject Easements were never transferred to the District as set forth in the Cooperative Agreement. The Subject Easements are located in the City of Temecula.

Accordingly, it is necessary for the City to accept said Subject Easements made pursuant to the Declarations of Dedication so that the City can then transfer its interest in said easements to the District for the improvements and maintenance of the Long Valley Wash. The Subject Easements are described in the following Declarations of Dedication:

1. TAYCO, a California general partnership dedicated to the public in perpetuity pursuant to that certain Declaration of Dedication recorded on July 26, 1989 as Instrument Number 249221 of Official Records of the County of Riverside an easement for the construction, repair, reconstruction, inspection, operation and maintenance of the Long Valley Wash storm drain and all appurtenant works, including ingress and egress thereto, across that certain real property described in Exhibit "A" and "Exhibit `B" to said Declaration of Dedication.

2. TAYCO, a California general partnership, dedicated to the public in perpetuity pursuant to that certain Declaration of Dedication recorded on July 26, 1989 as Instrument Number 249222 of Official Records of the County of Riverside an easement for flood control purposes, including ingress and egress across those certain real property interests described in Exhibit "A" and "Exhibit `B" to said Declaration of Dedication.

3. Bedford Development Company, a California Corporation, formerly known as Kaiser Development Company, a California Corporation, Successor by Merger to Kacor Realty, Inc. a California Corporation dedicated to the public in perpetuity pursuant to that certain Declaration of Dedication recorded on July 26, 1989 as Instrument Number 249223 of Official Records of the County of Riverside an easement for the construction, repair, reconstruction, inspection, operation and maintenance of the Long Valley Wash Storm Drain and all appurtenant works, including ingress and egress thereto, across those certain real property interests described in Exhibit "A" and "Exhibit `B" to said Declaration of Dedication.

D. The Subject Easements are located in the City of Temecula. It is necessary for the City to accept said Subject Easements made pursuant to the Declarations of Dedication so that the City can then transfer to the District its interest in the Subject Easements so that the District can maintain the Long Valley Wash Channel improvements in accordance with the Long Valley Wash Channel and Camino Marea Storm Drain Project No. 7-0-330 Cooperative Agreement.

E. The City of Temecula now desires to accept the Subject Easements so that it can take the action necessary to transfer the interests to the District for the maintenance of the Long Valley Wash Channel improvements.

Section 2. The City of Temecula hereby accepts the Subject Easements.

Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to confirm the acceptance of the Subject Easements. The Director of Public Works is hereby authorized and directed to approve, accept and execute on behalf of the City such documents and instruments as necessary to effectuate the acceptance of the Subject Easements granted pursuant to the subject Declarations of Dedication.

Section 4. Certification. The City Clerk shall certify the adoption of this Resolution.

N

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of January, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of January, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

FLOOD CONTRO. .n JATER CONSERVATION DISTRII JC .D SUBMITTAL

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: Chief Engineer SUBMITTALDATE: May 23, 1989
SUBJECT: Long Valley Wash Channel and Camino Marea Storm Drain — Project No. 7-0-330 Cooperative Agreement
RECOMMENDED MOTION:

The Board approve the attached Cooperative Agreement between the District, the County of Riverside and TayCo (Developer), which sets forth the terms and conditions by which the Camino Marea Storm Drain and a portion of the Long Valley Wash Chan- nel, both required as a condition for approval of Tract No. 22716, are to be constructed by the Developer, inspected by the District, and maintained by the District and the County of Riverside; and authorize the Chairman to execute the Agreement documents on behalf of the District.

JUSTIFICATION:

The Agreement is necessary to formalize the transfer of necessary rights of way and to provide for District construc- tion inspection of the project. Upon completion of the proj- ect, the District will assume operation and maintenance responsibilities for the facilities, excluding inlets and connector pipes within County rights of way, which are to be maintained by the County Road Department.

This matter is also on the County's Board Agenda this same date. County Counsel has approved this Agreement as to legal form.

FINANCIAL:

The Developer is funding all construction and construction inspection costs and is also providing cash deposits to both the District and the County Road Department to cover antici- pated District and County expenses to be incurred through the year 1998 in the operation and maintenance of these
facilities.
2 K4ENNETH L. EDWARDS
Chief Engineer

MINUTES OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT BOARD On motion of Supervisor Abraham, seconded by Supervisor Ceniceros and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended.

Ayes: Ceniceros, Abraham and Younglove
Noes: None

Absent: Dunlap and Larson
Date: May 23, 1989
xc: F1 od
Prev. Agn. ref.

Depts. Comments
Gerald A. haloney
Jerk : -,e Board
.
keputy
1 st Dist. AGENDA NO-
'� * 2
FORM 11B021921

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

AGREEMENT
(Tract No. 22716)
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, hereinafter called "DISTRICT", the COUNTY OF RIVERSIDE, hereinafter called "COUNTY", and TAYCO, a ] California general partnership, hereinafter called "DEVELOPER", hereby agree as follows:
f1.1A T.RT T A
A. DEVELOPER has submitted for approval Tentative Tract No. 22716 in the Rancho California area of western Riverside County, and as a condition for approval, DEVELOPER must construct certain flood control facilities in order to provide flood protection for DEVELOPER'S planned development; and
B. The required flood control facilities include the
Camino Marea Storm Drain, as shown in blue on Exhibit "A" attached hereto and made a part hereof, and a reinforced concrete box segment of the Long Valley Wash Channel, as shown in red and green on Exhibit "A", and which facilities are hereinafter altogether referred to as PROJECT; and
C. DEVELOPER desires DISTRICT to assume ownership and
responsibility for the operation and maintenance of PROJECT.

Therefore, DISTRICT must review and approve the plans and specifications and inspect the construction of PROJECT; and D. DISTRICT is willing to review and approve plans and
specifications for PROJECT prepared by DEVELOPER, and is willing to provide construction inspection of PROJECT; and
E. DISTRICT is willing to assume ownership and
responsibility for the operation and maintenance of PROJECT, - 1 -
MAY 2 3 1989 7

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
excluding inlets and connector pipes within COUNTY rights of way, provided (i) DEVELOPER complies with this agreement, (ii) DEVELOPER pays DISTRICT the amount as specified herein to cover I DISTRICT operation and maintenance costs of PROJECT, (iii) PROJECT is constructed in accordance with plans and
specifications approved by DISTRICT, and (iv) DEVELOPER obtains and conveys to DISTRICT the necessary rights of way for the operation and maintenance of PROJECT as set forth herein; and F. DISTRICT is willing to accept, as part of DISTRICT'S operation and maintenance responsibilities associated with PROJECT, the added responsibility of removing debris which may accumulate within the existing reinforced concrete box crossing at Kaiser Parkway, hereinafter called "BOX", as shown in concept in orange on Exhibit "A", provided COUNTY grants DISTRICT the right to perform said work within COUNTY rights of way; and G. COUNTY is willing (i) to grant DISTRICT the right to operate and maintain PROJECT and remove debris from BOX within COUNTY rights of way, (ii) to continue ownership and structural operation and maintenance responsibilities for BOX, and (iii) to accept responsibilities for the operation and maintenance of PROJECT inlets and connector pipes within COUNTY rights of way; and
H. Tentative Tract No. 22716 is part of Specific Plan
No. 199 (Margarita Village) and is subject to provisions of Development Agreement No. 5 recorded November 7, 1988, as Instrument No. 325515.
follows:

NOW, THEREFORE, the parties hereto mutually agree as
- 2 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
DEVELOPER shall:

1. Prepare plans and specifications for PROJECT in
accordance with DISTRICT standards and submit the plans and specifications to DISTRICT for its review and approval.

2. Pay DISTRICT (Zone 7 Maintenance Trust Fund No.
732-64-950-3211), upon execution of this agreement, the one time cash sum of $93,595.00, the agreed upon DISTRICT estimated cost for operation and maintenance of PROJECT through the year 1998.

3. Pay COUNTY, upon execution of this agreement, the
one time cash sum of $2,300.00, the agreed upon COUNTY estimated cost for operation and maintenance of PROJECT inlets and connector pipes within COUNTY rights of way through the year 1998.

4. Notify DISTRICT, in writing, at least ten (10) days
in advance of the start of construction of any element of PROJECT.

5. Secure all necessary licenses, permits and rights of entry as may be needed for the construction, inspection and operation and maintenance of PROJECT.

6. At the time of providing written notification of the start of construction as set forth in Section I.4., or prior to the recordation of the final map for Tract No. 22716 or any phase thereof, whichever occurs first, provide COUNTY with faithful performance and payment bonds, each in the amount of 100% of the estimated cost for construction of PROJECT as determined by DISTRICT. The surety, amount and form of the bonds shall be subject to the approval of DISTRICT and COUNTY. The bonds shall - 3 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
11 remain in full force and effect until PROJECT is accepted by DISTRICT as complete; at which time the bond amount may be reduced to 10% for a period of one year to guarantee against any defective work, labor or materials.

7. Obtain and provide to DISTRICT, at the time of
providing written notification to DISTRICT of the start of construction as set forth in Section I.4., or not less than ten (10) days prior to the recordation of the final map for Tract No. 22716 or any phase thereof, whichever occurs first, with duly executed Irrevocable Offers of Dedication to the public for flood control purposes, including ingress and egress, for the rights of way deemed necessary by DISTRICT for the construction,
inspection, operation and maintenance of PROJECT, as shown in concept in green on Exhibit "B" attached hereto and made a part hereof. The Irrevocable Offers of Dedication shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the -property described in the offer.

B. Furnish DISTRICT, when submitting the Irrevocable
Offers of Dedication, with Preliminary Reports on Title, dated no more than thirty (30) days prior to submission, for all the property described in the Irrevocable Offers of Dedication.

9. Upon completion of construction of PROJECT, but
prior to DISTRICT acceptance of PROJECT for operation and maintenance, DEVELOPER shall convey or cause to be conveyed to DISTRICT, flood control easements, including ingress and egress, in a form approved by DISTRICT, for the rights of way shown in concept in green on Exhibit "B".
- 4 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

10. Furnish DISTRICT, upon DISTRICT'S recordation of the conveyancing documents described in Section I.9., with policies of title insurance, each in the amount of not less than fifty thousand dollars ($50,000.00) for each parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest to said property as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded and unrecorded), except the Irrevocable Offers of Dedication described in Section I.7., and except those which, in the sole discretion of DISTRICT, are acceptable.

11. Construct, or cause to be constructed, PROJECT at
DEVELOPER'S sole cost and expense in accordance with plans and specifications approved by DISTRICT.

12. Pay, if suit is brought upon this contract or any
bond guaranteeing completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

13. Furnish DISTRICT with final mylar plans for PROJECT, and assign their ownership to DISTRICT.

SECTION II
DISTRICT shall:

1. Review and approve plans and specifications prepared by DEVELOPER for PROJECT, prior to the start of construction.

2. Record, or cause to be recorded, the Irrevocable
Offers of Dedication provided by DEVELOPER pursuant to Section I.7.
- 5 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

3. Inspect the construction of PROJECT.

4. Upon acceptance of PROJECT as being complete, and
upon recordation of the conveyancing documents described in Section I.9., accept ownership and responsibility for the operation and maintenance of PROJECT, excluding all inlets and connector pipes within COUNTY rights of way, and further, accept the added responsibility of debris removal within BOX.

5. Provide COUNTY with "as -built" mylar plans for all
facilities constructed within COUNTY rights of way, upon DISTRICT acceptance of PROJECT as being complete.

SECTION III
COUNTY shall:

1. Review and approve plans and specifications prepared by DEVELOPER for those portions of PROJECT within COUNTY rights of way, prior to the start of construction.

2. Accept the DISTRICT and COUNTY approved performance
and payment bonds submitted by DEVELOPER as set forth in Section I.6., and hold said bonds as provided herein.

3. If requested by DISTRICT, accept the Irrevocable
Offers of Dedication as set forth herein, and any other outstanding offers of dedication necessary for the construction, inspection, operation and maintenance of PROJECT, and convey sufficient rights of way to DISTRICT to allow DISTRICT to construct, operate and maintain PROJECT.

4. Upon DISTRICT acceptance of PROJECT as complete,
accept ownership and responsibility for the operation and maintenance of PROJECT inlets and connector pipes within COUNTY rights of way.
- 6 -

1 2
3 4
5 6
7 8
9'
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 5. Continue its ownership and operation and maintenance responsibilities for all structural aspects of BOX.

6. Grant DISTRICT the right to operate and maintain
PROJECT within COUNTY rights of way and to perform debris removal work within BOX as provided herein.

7. Consent to the recording of any Irrevocable Offers
of Dedication furnished by DEVELOPER pursuant to Section I.7., and any other Irrevocable Offers of Dedication deemed necessary by DISTRICT for the construction, inspection, operation and maintenance of PROJECT.

B. Not grant any occupancy permits for any dwelling
unit within Tract No. 22716 or any phase thereof, until construction of PROJECT is complete, unless otherwise approved in writing by DISTRICT.

SECTION IV
It is further mutually agreed:

1. All work involved with PROJECT shall be inspected by DISTRICT and shall not be deemed complete until approved and accepted as complete by DISTRICT.

2. DEVELOPER and COUNTY personnel may observe and
inspect all work being done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be responsible for all quality control communications with the contractor during the construction of PROJECT.

3. Construction of PROJECT shall be completed by
DEVELOPER within twelve (12) consecutive months after execution of this agreement and within one hundred and twenty (120) consecutive calendar days after commencing work on PROJECT. It - 7 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
is expressly understood that since time is of the essence in this agreement, failure of DEVELOPER to perform the work within the I agreed upon time shall constitute authority for DISTRICT to perform the remaining work and require DEVELOPER'S surety to pay to COUNTY the penal sum of any and all bonds. In which case, COUNTY shall subsequently reimburse DISTRICT for DISTRICT costs incurred.

4. In the event construction of PROJECT commences prior to the recordation of the final map for Tract No. 22716 or any phase thereof, DEVELOPER shall deliver to DISTRICT duly executed Irrevocable Offers of Dedication to the public for flood control purposes, including ingress and egress, to the rights of way shown in concept in yellow on Exhibit "C" attached hereto and made a part hereof. The Irrevocable Offers of Dedication shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property described in the offer. In addition, the provisions of Section I.8 shall apply.

5. DISTRICT assumes no responsibility for surface
drainage above the segments of Long Valley Wash Channel shown in red on Exhibit "A". DEVELOPER shall assume ownership and responsibility for all local inlets and connector pipes constructed along said segments.

6. DEVELOPER intends to include this PROJECT within an
existing Community Facilities District for the purpose of providing the required funding for maintenance and operation of this facility. Upon providing such alternative funding, DISTRICT shall make the appropriate refund acknowledged in Section IV- 7-of this agreement. Should DEVELOPER be unable to provide such - 8 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
11 alternative funding, DEVELOPER and DISTRICT, knowingly and 11 intentionally, waive the provisions of Government Code Section 65913.8, relating to fees and charges. Such waiver is
accomplished with the understanding that DISTRICT is voluntarily undertaking the obligation to accept ownership and responsibility for the operation and maintenance of PROJECT and DEVELOPER is not required by DISTRICT to enter into this agreement.

7. DISTRICT shall refund to DEVELOPER an appropriate
portion of the payment made by DEVELOPER pursuant to Section I.2., as determined by DISTRICT, at such time in the future that an alternative and sufficient source of funding becomes available to cover DISTRICT'S operation and maintenance costs for PROJECT, as determined and approved by DISTRICT.

B. DEVELOPER shall, during the construction period,
provide Worker's Compensation Insurance in an amount required by law. A certificate of said insurance policy shall be provided to DISTRICT and COUNTY prior to such construction period.

9. DEVELOPER shall, commencing on the date notice is
given pursuant to Section I.4. and continuing until DISTRICT accepts PROJECT for operation and maintenance:
a. Provide and maintain comprehensive liability
insurance coverage which shall protect DEVELOPER
from claim from damages for personal injury,
including accidental and wrongful death, as well
as from claims for property damage which may
arise from DEVELOPER'S construction of PROJECT
or the performance of its obligations hereunder,
whether such construction or performance be by
- 9 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
DEVELOPER, or by any contractor, subcontractor,
or by anyone employed directly or indirectly by
any of them. Such insurance shall name DISTRICT
and COUNTY as additional insureds with respect
to this agreement and the obligations of
DEVELOPER hereunder. Such insurance shall
provide for limits of not less than two million
dollars ($2,000,000.00) per occurrence.
b. Cause its insurance carriers to furnish
DISTRICT, prior to the construction period, with
certificate(s) of insurance showing that such
insurance is in full force and effect and that
DISTRICT and COUNTY are named as additional
insureds with respect to this agreement and the
obligations of DEVELOPER hereunder. Further,
said certificate(s) shall provide that the
issuing company shall give DISTRICT sixty (60)
days written notice in the event of any
cancellation, termination, non -renewal or
reduction in coverage of the policies evidenced
by the certificate(s). In the event of any such
cancellation, termination, non -renewal or
reduction in coverage, DEVELOPER shall,
forthwith, secure replacement insurance meeting
the provision of this paragraph.

Failure to maintain the insurance required by this
paragraph shall be deemed a material breach of this agreement and - 10 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
shall authorize and constitute authority for DISTRICT to proceed to perform the remaining work pursuant to Section IV.3.

10. In the event that any claim or legal action is
brought against DISTRICT or COUNTY in connection with this agreement because of the actual or alleged acts or omissions by DEVELOPER, DEVELOPER shall defend, indemnify and hold DISTRICT and COUNTY harmless therefrom, without cost to DISTRICT or COUNTY. Upon DEVELOPER'S failure to do so, DISTRICT and COUNTY shall be entitled to recover from DEVELOPER all of their cost and expenses including, but not limited to, reasonable attorneys' fees.

11. DEVELOPER shall defend, indemnify and hold DISTRICT and COUNTY, their respective officers, agents, employees and independent contractors free and harmless from any claim whatsoever, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage whatsoever, for the design, construction or failure of PROJECT or from the diversion of the waters from the natural drainage patterns, save and except claims and litigation arising solely through the sole negligence or sole willful misconduct of DISTRICT or COUNTY. DEVELOPER shall defend DISTRICT and COUNTY without cost to DISTRICT or COUNTY, and upon DEVELOPER'S failure to do so, DISTRICT and COUNTY shall be entitled to recover from DEVELOPER all of their cost and expenditures, including, but not limited to, reasonable attorneys' fees.

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

12. DEVELOPER for itself, its successors and assigns
hereby releases DISTRICT and COUNTY, their respective officers, agents, and employees from any and all claims, demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution and the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for the design, construction or failure of PROJECT, or the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute a release by DEVELOPER of DISTRICT and COUNTY, their officers,' agents, and employees from any and all claims, demand, action or suits of any kind arising out of any liability, known or unknown, present or future, for the negligent maintenance of PROJECT or BOX after their acceptance by DISTRICT.

13. Any waiver by DISTRICT or COUNTY of any breach of
any one or more of the terms of this agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of DISTRICT or COUNTY to require exact, full and complete compliance with any terms of this agreement shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or COUNTY from enforcement hereof.

14. If any provision in this agreement (with the
exception of Section IV.6.) is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being - 12 -

1 2
3 4
5 6'
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
impaired or invalidated in any way. Should it be held by a court of competent jurisdiction that any portion of Section IV.6. is invalid, void or unenforceable, and DEVELOPER has failed to provide the alternative source of funding envisioned, the provisions of Government Code Section 65913.8(b) shall apply. It shall, therefore, be determined that this fee is extended until such time as another source of funding is established, or through the year 1998, whichever occurs first.

15. This agreement is to be construed in accordance with the laws of the State of California.

16. Any and all notices sent or required to be sent to
the parties of this agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL COUNTY OF RIVERSIDE
AND WATER CONSERVATION DISTRICT Attn: Road Department
Post Office Box 1033 County Administrative Center
Riverside, CA 92502-1033 4080 Lemon Street, Eighth Floor Riverside, CA 92501
TAYCO
Attn: Robert Dieudonne
620 Newport Center Dr., Ste. 400
Newport Beach, CA 92660

17. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by the agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

18. This agreement is the result of the negotiations
between the parties hereto, and the advice and assistance of - 13 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
271
281
their respective counsel. The fact that this agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this agreement shall not be construed against DISTRICT because DISTRICT prepared this agreement in its final form.

19. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees.

20. DEVELOPER shall not assign or otherwise transfer any of its rights, duties or obligations hereunder to any person or entity without the prior written consent of the other parties hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the
obligations and duties contained in this agreement.

21. This agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This agreement may be changed or modified only upon the written consent of the parties hereto. - 14 -

1 2
3 4
5 6
7 8
9 10
11 12
13 14
�15
16 17
18 19
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on MAY 2 3 129, .
(to be filled in by Clerk of the Board

RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: A>QD WATER C'�ISER`iATIOR DISTRICT 1 ENNETH L. EDWARDS Cha man, Board Supervisors
Chief Engineer
RECOMMENDED FOR APPROVAL:

LEROY D'. SMOOT
Road Commissioner and
County Surveyor
APPROVED AS TO FORM:

ATTEST: Kq 2 3 19H
GERALD A. MALONEY
C erk }of the Boar
By I j
,,, / g -.2 -
Deputy
(SEAL)
COUNTY

OF RIV ILSIIDE
By
Chairm, Board of Supervisors
ATTEST: MAY 2 3 1989
GERALD J. GEERLINGS GERALD A. MALONEY
County Counsel Clerk of the Board
By ar,,�
4�z�)aA
Depu y Deputy
^+• tom..

STATE OF CALIFORNIA
COUNTY OF Riverside
Un _ May 12 1989 _
said State, personally appeared
I
Iss.
(SEAL)
before me, the undersigned, a Notary Public in and for
A. DOERR and R. DIEUDONNE**
(or proved to me on the basis of satis-
faclory evidence) to be the person that executed the within instrument as of the
on behalf of TAYCO, a Calif. generalartne►(5),
Partnershi
the partnership
therein named and acknowledged to me that the partnership executed it.

WITNESS my hand and official seal.

Signalure JET.

KAR,NA POLCYN

NOTARY PUBLIC
r�

RIVERSIDE COUNTY
0 My Cammission

CALIFORNIA
Expires August 2, 1991
.a general
(This area for official notarial seal)

Ex�rn• 1 Box
Cnr�
Camino Aare*
n _
Valley klas� a
c Cann
It 11
sr
• r
1�
u
1 —wti
1 I • ysp
I yy �� J �9yyy
C�.

N {
s ' x. � i � • % � I

EXHIBIT A

MATC11 LINE — SEE SHEET 2
N54021'17_E Ia•t•41.

KAISER 'AR�wAY
I
EXH 1 BIT .B
M AGDOW&W A L56" 0ium ftR
R.C.F.C.D. EASEMENT
WITHIN PARCEL 1, P14Mt 22513.
$MEET I of * $NEETS
161wMWEMONAL ENOINEEVA PLANNEM • E1111NEYONs
P49=1�M•14?nALMNIMNMM Y.NWVMCANOMIM@tf1e
CONTAINING: 1.24 ACRESt
DATE I MALE FIELD BOOK i0O NO.

JANUARY f, m? 24775

I
MATG/ L/NE - SEE r i
EXHIBIT 's
WA ODWAWALOMOWN"I OM IN
R.C.f.C.O. EASEMENT
WITMIN PARCEL /, P.KW 22513.

QOlI AIMINO: L 24 ACRES!
EMAFST 2 OF * SMEETS
4�,a6err��diq.�illiam�8rr CAr�
lylO UN)M 1L ENOINEEVA /LANNIMS E 8UWffMR#
�DEOIl1ET7E• I�,�K•pNM�L7NY,IIIfM11,pA1lIgNMA/f11�
mqd �
DATE I WAU OWLa MOO I im NO.

JANUARY A, net U775

as•
�h
lk
ram►
z2 ''4 70w
91'y'4 71210E
�.7
n �n ..
w
K 1i
,ti hp.".
�i
SS - t • ' • 1
PCL. l
P.Atp"22514 H30'J¢ 00'IVftA,9
lPAfNQ2 24 i1:3
RAl. B . 1-451i 0-- 7 all EET 3 OF "MEETS
EXHIBIT B ' .

VORAVOWAMAIAMW1P M q at i.�99at ii��r
fFORM OR410V EAJO#ENT PROP " -m" ft r m a PM
WITININ PARCEL 1 OF 9w
rn.ow,rat..�. Kw��uw�w,r. o�urowrr��e�N
PRO 22514.

JULY 5,1988 � 24 776

a h fir'k + it ,
or
k,ddf �_ ffyy'
/
An I8•4!'474 �� ,•
its wo. Vol
$MEET *OF *$MEETS
EXHIBIT 0
TO ACCOMPANY A LEGAL PRWRIPTHM MR .�
R.C.F.C.G. EASEMENTS rROMBIpNAL ENO+NEENE, r►ANNENS a PURVEYOR WITMIN PARCEL Z, PAf.Nt ZZ514 pow•+MnM•u*Ms�ua+►wmwsr.MMNtw�o+wMMM�+M A+� �tr.MMaM
GATE ECALE raw no" DOE NO.

LJAINVIVARY i, I!Q! 247IS

4p
I It
.................

Al
F
iZ
.
k

EXHIBIT
C

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA, APPROVING THREE QUITCLAIM

DEEDS CONVEYING TO RIVERSIDE COUNTY FLOOD

CONTROL AND WATER CONSERVATION DISTRICT

CERTAIN EASEMENTS DEDICATED TO THE PUBLIC

PURSUANT TO DECLARATIONS OF DEDICATION
RECORDED ON DULY 26, 1989 AS INSTRUMENT
NUMBERS 249221, 249222, AND 249223 IN CONNECTION

WITH THE LONG VALLEY WASH CHANNEL

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

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

A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. The City has been working with Riverside County Flood Control and Water Conservation District ("District") to ensure that the District has the rights necessary to maintain the Long Valley Wash Channel improvements.

B. On May 23, 1989 the District executed the Long Valley Wash Channel and Camino Marea Storm Drain Project No. 7-0-330 Cooperative Agreement. Paragraph 9 of Section I of the Cooperative Agreement required that upon completion of construction of the project, the easements for the maintenance of the Long Valley Wash Channel would be transferred to the District. The storm drain facility was constructed and accepted for maintenance by the District in 1992 but the right of way was never transferred to the District as set forth in the Cooperative Agreement.

C. Although the easements required for the Long Valley Wash Channel were dedicated to the public prior to the City of Temecula's (City) incorporation, and the County Board of Supervisors consented to the recordation of the Declarations of Dedication recorded on July 26, 1989 as Instrument Numbers 249221, 249222, and 249223, the dedications were not accepted by the County of Riverside or the District prior to the City's incorporation.

Accordingly, the easements that are the subject of the Declarations of Dedication are located in the City's jursidiction. The City seeks to transfer to the District its interests in the attached three (3) Quitclaim Deeds and the District seeks to acquire said interests for the maintenance of the Long Valley Wash Channel improvements. The attached Quitclaim Deeds would quitclaim to the District all of the City's interests in and to the easements described in the Declarations of Dedication, which consist of easement interests in portions of Tract Map 22716-1 (APNs: 954- 173-001, 954-173-002, 954-173-003, 954-173-004 and 954-173-005); a portion of Parcel Map 26766 (APN: 954-060-003); and a portion of Parcel Maps 22513 and 38110 (APNs: 954-030- 002 and 943-030-003).

Section 2. Approval of Quitclaim Deeds. The City Council hereby approves the attached Quitclaim Deeds, with such changes as may be mutually agreed upon by Riverside County Flood Control and Water Conservation District and the City Manager. The City Manager is hereby authorized to execute the Quitclaim Deeds on behalf of the City. A copy of the final Quitclaim Deeds, when executed by the City Manager, shall be placed on file in the Office of the City Clerk.

Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to convey to Riverside County Flood Control and Water Conservation District the City's interest in the easements described in the Quitclaim Deeds.

Section 4. Certification. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of January, 2023.

ATTEST:

Randi Johl, City Clerk
[SEAL]
Zak Schwank, Mayor
z

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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of January, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Recorded at request of, and return to:

Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
Long Valley Wash Channel
Project No. 7-0-330
PM 22716-1
APNs: 954-173-001, 954-173-002,
954-173-003,954-173-004 and
954-173-005

SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DDT - 0 - THE CONVEYANCE IS TO A

GOVERNMENTAL ENTITY OR
POLITICAL SUBDIVISION R&T 11922

UITCLAIM DEED
Pursuant to that certain Declaration of Dedication recorded July 26, 1989, as Instrument No. 249221 of Official Records of the County of Riverside ("Declaration of Dedication"), TAYCO, a California general partnership irrevocably dedicated to the public for flood control purposes, including ingress and egress, that certain real property located in the City of Temecula, County of Riverside described more particularly in Exhibit "A" and depicted in Exhibit `B" thereto ("Flood Control Easement") in accordance with the terms of the Long Valley Wash Channel and Camino Marea Storm Drain Project No. 7-0-330 Cooperative Agreement approved by the Riverside County Board of Supervisors on May 23, 1989. The Riverside County Board of Supervisors consented to the recordation of the Declaration of Dedication but did not accept the Flood Control Easement. The Flood Control Easement is located in the jurisdiction of the City of Temecula.

The CITY OF TEMECULA, a municipal corporation ("CITY") accepted the dedication of the Flood Control Easement on pursuant to City Council Resolution No. . The CITY desires to transfer its interest in and to the Flood Control Easement to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("DISTRICT"), and the DISTRICT wishes to accept the City's interest in and to the Flood Control Easement for the DISTRICT's construction, inspection, operation, maintenance and use of the Long Valley Wash Channel storm drain improvements, and any appurtenances thereto.

NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, the CITY does hereby remise, release and forever quitclaim to 1 2708785v1

DISTRICT, all of the CITY's rights, title and interest in and to the Flood Control Easement situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" and Exhibit "B" to the Declaration of Dedication, a true and correct copy of which is attached as Exhibit "1" hereto and incorporated herein by this reference. For purposes of reference only, said property described in Exhibit "A" and Exhibit `B" to the Declaration of Dedication is referenced as RCFC Parcel 7320-505.

This Quitclaim Deed is executed on the date set forth below.

Date:

CITY OF TEMECULA, a municipal corporation
Lo
Aaron Adams, City Manager
ATTEST:

LE
Randi Johl, City Clerk
(SEAL)
2 2708785v1

Exhibit "1"
Copy of Declaration of Dedication recorded July 26, 1989, as Instrument No. 1989-249221 of Official Records of the County of Riverside

TR 2?116 (part o! Speei:ie Plan t;D. 19

CONSENT TO MOORDMG
,, frrerrr 4 r Nu S t man 7OM',
" ps To Calnsr a,r i. br BE kcr-. d V. :a of
&,Wwb Cl+a ~ WLir � Mog'. v vo +Ks9mpw u it 7F'J4R4
al Cw[ahm tn+.C•"M t; naa*y � GOKI"sd
d B f f r<aja-
-Le'7- 7 --?
MA&DaWON"
rAn @I w+t 6W10 a owwrywn
w
arata V111age), Long Valley Wash
craefat
lel, i1MA P
QW.W die
F0- lbo Ms
RwF"L C&bkft4
Is br
Tau DW&K Mg it
u Ist omm6d 7W� hL r t a
Iron CE& dmf.

DECLARATION OF OEDICAMN
TAYCO, a California gcrcral partncrahip
HERESY AREVOCASLY =ICATE[S) IN FEN;'E-FUrTy 17 t c Ion Vsll W �xaa R 1' atorG iil ippOwquw worbs,,ckiduV wVvu aW tVRU 151+M0 aCrOib1�+a1 n+1� PTl r7 m Eta dta in Cv^ of AN01 2. s" or CAAMD 9-d as "Aw
See legal description attached herero an Exhibit "A'
atd made a part
hereof.

Date:

PP
�
Date: �'10!
By ./
..�T
(Ti2te
ETFQ
w
a
u
'lM �
Well* Fargo Bank, N,A „ a5
agent For Sank of Ametira, Pirgt HatiDnal
Hank of Chicago a=,d we115
FargG Rank,
�a Get:

IS:L1c:
5 ,

_. f—
F�
r..,
H
F
P
m
IN
i
r7f
Ci1rr1Y r � � Yleife tti�e N i�d lar irli
OF -
if
�
dr
SUM, OW i+.l
ombr Si wrr Arr Ser 04sh er IRr+
•� � AIMR+ioA' �'ie wwvd � ��
riMtin060 W
A..5ck. —.z mw om .
ydup SS Mr Hind 0.0 QIN-0 t
-a 1--4--l$----
- PA��-
� 4x,.c�wwtie,r�
,wyy 4 &Wr
VAT QF CMJFOAKU }6S
OOUN-rl' OF�, }
J� #
UL f'Ya / pl b*%Imo.d*WWDPBW4d,bNUCWYft&4 n kW Salo 0#,pwrslly j�eri0r 1' klomn iu rM (or PRPMd La
:to G041F 14 tA ft >KWW WAla�a+1:LGeE
$mmf
no Wohm k"I IT1" kA
11[r2M= Hr�lrrxa U44 Gdrpdre1l-
Pragidurt_ ud _TRvlry
j WGn ratma.r RI¢ ifbl'Yk1 04y'pt]r 011 awaMCIS' t*F wh*i. Ue�ru-i+9�lt jfl.Yuli.�K rtx m b)ftpo w J rmoi." 0 kM b2vd al dllWum MA
porprJ *.m poing known m rrp ;a he ww d Cw parirw
of Tr= the p.rc—rro LW stoc-fiad UV WkW
_�
il'1rvume t and ad-%*AadGaJ Lo me-1rd such r� k�
r. OL
gt&Um ow wxh
t gft a
psnrmvmhpp d tfW sa .i
¢ww Erwrm X.Im
VOTNE58, rM Find irKO d5+ too
seare+trrrl.an Arhnalw�^w+rY
uTArtE OF CALW47 "A 1 41
�n Slw Yial 1.9-89 , I imk n ,tod dru+u�d_
Oiri lh+l ,. —dav or ,lyy��, gYRii�#71.de[f#��—
a Mabry Oi.td�� uS ilYl Iw iMd ('r0 IAW Gnd Serer. P* roni:lY +PF+Eratl So rra on dw been of S.."l, o"Y ,."r"l "br dab yq NBM 4A4 prmfAWW kit nr garf0 . -erlt
■.ow.d th,'x�M ini —rA M A m rru VW rude a WrhuM1 eripNiA it N W W lrr pl eM CWIM'rr� puN�e �vx�d. ■�G aticrwl+�d
1i l"Ns,W Sully Fo p K10 1161.
r— irld *Siu.
fypl,c �q ■ad kw "W 0 urru
uF�r•�r'ep
(Malrryr S+KF
a
I

I
co
f
LEGAL DESCIMT1 K
$70" OIRA'N Wl MENr WYTHIN PARCEL 1 0 P.N, NOr 22514
That Pdr:ion of Parcel T of R3rca1 Map No. 22514, In tht iieincor'perafed "rritpry of the County at RiverSide. Start of GT1forn1a, as $ on a Map thereof filed in gook 145. Pigts $0 thrOU r 9,5 Of Panel RapS try tht Offit! of th,t C&.nit+ Act -order e! said RiverSide County, described a# foil"s; 9EWNKiNG at the northwn terly cov w 7f 4xiq$ RarCel 1. Said toner bring as a Curve in the northxesterlly lift of said Dar'cal ! concave northwSterlr and having a radius of 705$,00 feet. a Will Tile of Laid curve fr0m said cornar bears North 30• 34' Wk Yfrst; thence along said Curve and n MMteriy :fne northeasterly 150.5? feet through 4 Central• 4ngle 9f 1' 13' 21", thegCf canfinufeq along said nortrwest-rly line. tingent from said Come Borth 5e' 12` nN EdSt 243.20 feet to Ch* east northerly corner oa 5411 PArCal 1; thence along tilt raw0tasterly line of Safd Fame] l Sown1#' 25"47' WWt

33.74 flet Fnd SautA 31' 47' 21' EaSt 36,?7 feet. thoa ce South 4394905V kost

65.59 feet: thence South 89412'4S' West ?4.75 feet; tht+cs South 5$1Z8'26" best 273,43 feet to the sauthwrsterly line of said Nrcel I; thewe along said 544thwasterly Tine North 41' 23' W' WeSt $5.27 fe#t to tht POINT OF BEGIMTNG.

C01TA1N'NG' 4.M +ieres, Mort Ot less.

EXHIBIT "B" lAtiChad Hid by this reference Bade i part hetfofr o LAPO*
$ .,C.E i
t Sw
■ [ 5 ]5: 7
limp E+493
z Ct� � -
bxrenCe a[CnF _ e

.�
Ice
!c"
|RP
aq
�
�.
�
!
�
w
.
wF
%
.0
$
�
�
�
�
ro
I,VWILY cae.

Pa. I
PM. AP. 26F4
e ±l�� LV�e4
)
Sum, aF I sAf£zr

EXHIBIT S
vo ,%Lg__wm___%lma_
STOXM DAFAJdV.6A5EAf9Nr
A / JF
..m_P-r, PLA _.m Ls « w
__�. .3.
#
RD IML'13".__.__
"Tf
E WD
� 5
�. ,
6 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, dated from CITY OF TEMECULA, a municipal corporation ("Grantor") to

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT ("Grantee"), a body politic, is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

Date:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
JASON E. UHLEY
General Manager -Chief Engineer
Project: Long Valley Wash Channel
Project No. 7-0-00320
PM 22716-1
APNs 954-173-001, 954-173-002, 954-173-003, 954-173-004 and 954-173-005 RCFC Parcel No. 7320-505

Recorded at request of, and return to:

Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
Long Valley Wash Channel
Project No. 7-0-00320
PM 26766
APN: 954-060-003
RCFC Parcel Nos. 7320-506, 7320-507
and 7320-508

SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned rantor(s declare(s)
The undersigned grantgor(s) dec are(s)
DDT: - 0 - THE CONVEYANCE IS TO A

GOVERNMENTAL ENTITY OR POLITICAL
SUBDIVISION R&T 11922

UITCLAIM DEED
Pursuant to that certain Declaration of Dedication recorded July 26, 1989, as Instrument No. 249222 of Official Records of the County of Riverside ("Declaration of Dedication"), TAYCO, a California general partnership irrevocably dedicated to the public for flood control purposes, including ingress and egress, that certain Parcel 1, Parcel 2, and Parcel 3 located in the City of Temecula, County of Riverside described more particularly in Exhibit "A" and depicted in Exhibit `B" thereto ("Flood Control Easement"). The Riverside County Board of Supervisors consented to the recordation of the Declaration of Dedication but did not accept the Flood Control Easement. The Flood Control Easement is located in the jurisdiction of the City of Temecula.

The CITY OF TEMECULA, a municipal corporation ("CITY") accepted on , 2023 the Flood Control Easement dedicated pursuant to the Declaration of Dedication pursuant to City Council Resolution No. . The CITY desires to transfer its interest in and to the Flood Control Easement to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("DISTRICT"), and the DISTRICT wishes to accept the City's interest in and to the Flood Control Easement for the DISTRICT's construction, inspection, operation, maintenance and use of the Long Valley Wash Channel storm drain improvements, and any appurtenances thereto in accordance with the terms of the Long Valley Wash Channel and Camino Marea Storm Drain Project No. 7-0-330 Cooperative Agreement approved by the Riverside County Board of Supervisors on May 23, 1989. 2749415vl

NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, the CITY does hereby remise, release and forever quitclaim to DISTRICT, all of the CITY's rights, title and interest in and to the Flood Control Easement described as Parcel 1, Parcel 2 and Parcel 3 situated in the City of Temecula, County of Riverside, State of California, described more particularly in Exhibit "A" and Exhibit `B" to the Declaration of Dedication, a true and correct copy of which is attached hereto and incorporated herein by this reference. For reference purposes only, said described Parcel 1 will be referenced as RCFC Parcel 7320-506; Parcel 2 will be referenced as RCFC Parcel 7320-507, and Parcel 3 will be referenced as RCFC Parcel 7320-508.

This Quitclaim Deed is executed on the date set forth below.

Date:

CITY OF TEMECULA, a municipal corporation
In
Aaron Adams, City Manager
ATTEST:
2 Randi Johl, City Clerk
(SEAL)
2749415v1

Exhibit "I"
Copy of Declaration of Dedication recorded July 26, 1989, as Instrument No. 249222 of Official Records of the County of Riverside

Th 227:6f ait of SpeCific Plan No. 199

CONSENT TO RECORDING
i (Gav+enmm Cadet S*Om 70501
TruS R To CERVY lhrt ria Ibva r pmmwm d fr Cargr d
i r"Walft C"erlFi p% f+hF spa rlo..161ti!ee'arda.on a dy GeFwpw at 000KANO eG rti[h rr armom b n xr" Is sab" A
dLAAL0 A 11kOMPr
o1
trgarite VI-11age)t Lbr.q
Valilax
Wash
C_ #aln_ne1. Pro . No, 7-0-130
.
�rr.rr� at FWWM a1. aaj AurF M:
>fl.rnidr Grrt[ rlrei C"trr7
d4 Vatar pd*"
P. p• lax 1033
ziwnN.. Cali Iara m
rm ltidCDMnm
�
Tx# &=mu u Je fir de bi.& aI
Mbar" Cowl?TL'sd Crrtrwl aa.i
F
rp
wept Coomm dw CL' ma IF
i4llad M 14 rrawiai ,aah . _ ipa
J a
(Frw
rt
DECLARATION Or IC' CATION
TAYCO, a Cdlifornia general partnership
Hereby irrevocably dedicates) in perpatuity to tha puhlie for flood control purposes. 4 including lagreaa and ■grasF, that cartain real property W usted 10 the 4oullcy of r, liveYalde. State of Lalilnrnir, destribed as follpwv:

Sac legal description attached herci.O as Exhibit "A"
and made a part hereof.

TAYCO,
j a California general partnership
t
j Date: ) ' I # By
-
? 'Da te:-t/x- P)
(Tit12)—Vkt_ a riM iJ)
i
i
Well.,; F4rg0 9a-ik, N.A. as agent fc:r J3dr:k of {,neriCa, Firet Rational r frank of ClliCdgo and WLIls Fargo Ranh.

Date; -J-� f �x n
'14 /go /imi—
T.L e} —A

cl
cq
M"
i tk.—.r- C&% parore ra.. '-114 rV rrar= k Ufa Fid
Su1a.cona mywonms.--
. _Par�'�Tk++o.y„ta�IabfdYitl
le PMaf„trlrL.aau or RK01111:1mv elce1 to ea the
' �i�L i` �r"t rim■ M � ----
Npft Frgo a.A, r� k . a rradarlal $iir* q A4.,K-een Cue Irreaow ,ha -IT Wi �awwnrid k�a+.n is rrrm G rtra pradMnh wM;rae,,,ad lf+a rliTrrt IriTeranarr7 Ar. tfa+~a,•" Vf -Um A—uc. Umeem Ammdd aM ackjwwW3gwd 10 ffe IW Inch wlTHE56MyF:ru'Itl�++dQliK.al +al
--
i
OFPICI4,.eax,
i�.r, ffiµ�[.SG7 CC,tMl4
IHa:a.y'■ a.6j,
STATE OR QkUr'ORNIA Wyk
GOUN7y OF OA►v J
on -rr/4`/ bet7e me, the underelprted. s Jq$-V FLUc in end lot aakl SUMM. pen.ortsf y appxer k rd an0 �� f 'r krKwn w rr.0 (of proved !o
ma cm the Deals cd saboadiDry ttvfdmoo) t a p&-sm a *T4 wxalcuted to wthfl V+etr XW" a.a Ylt Praaldef+ 9fd ��� SeaaLwY on dehetl & the comwalk'r:
thoFpin named. AMa to rrku thus said eorporrpiCn IataaRed the wtthln ktsuuff wn pur3wm 10 Ito bAwa or a reEdtFton of ks buerd rA dkackc a, acid
00rp0re71on betr+g knorm to ma to Lie one of the pertnera co TaLDp— " pelYlw xttl tt,m neetud dm weka
vairiYnwxand wrc4adped to me 11xe V ch corpwalon
e}cacaxe4 aw eartae ee mKi 4 panrwr u►d we wch uttttta 1[ Couritr Partr+erty a te;Ld@d " Savl - WOVOPWEEM*NV RAM
WTNM, my httnd and orrtcial Baal.
5ig1'i�llAB -
{T111a arcs for akw notarial aeall
STATE OF CALIFORNIA I jcx00ral,on Aekr,o..ad4mmtl
I rF-
Cpsjnry of Orange 1
On 1hr1 — 1 d.Y 4}_ ��!1:1 .�.� -n the Year B $9BY Yltf Ari C thir 54I1efS'7^� $I Notary Puhtrc Ih Afld to rild CGvntY i+ad Stai#r prreonat:y appear Kf WsoO lY krwwr, Se rtfe (d, PeC' Pd ro me 09M dr h��-a.ya{ls of iktilfaCTory avldeno.1 10 he the parrah who ■xa8utad thl Wrthlh �nkminvenl aF if Ice PL2$1RC'nr -
or M kwh2 a thr cmporafoon thomin narrod, m4 ati[rlcwl KWd t.7 the She' such Cdr; 11'on afuW140 ,t- WPTNESSMY hind VW offiraattaat.

OFMAL SEAL
tirY to c in arld for Paid County and Scat,- gow QWN irla am ju in, FDIF INo'arr Seal)

'F

LEGAL DESCRIPTION
RIVERS MF CCONT7 FLOOD
CO NTRC-L yT5
°
H
WIT 4 -22514
{tJ
T':ose Certeln
pal-cels of land situated fn the uninC4rporatnd
territory of the
_f County �f
Riversfde. State of California, being those portions
of Parcel 2 of
Parcel Map
No. 225I4 filed in Book 145. Pages 90 through 85
of Parcel Mips 1n
the Office
of the County ReC4rder of said liiver5ide Comity,
described as faI-
IowS-
PARCEL 1
COMMENC:NG at the 54utKWeSterly terminns of that Certain course in the southeasterly lirir of Ra,cho California Read (310,00 feet wide) shown as "North 58'12'39" Cast 23?7.8F feet" 6n $hia Parcel Flap NO. 22514; the x e along safd southeasterly line North 58a12'39" East 68.37 feet to the ME POINT QF BEGINNIf+G; thence South 30052'00" East 92.25 feet; tnentf South 73"25'8O' West

51.03 feet to the :eginninn of a tangent Curve Concave northerly End hav!ng a radfvs of 140,00 feet; thence dlong sold Curve westerly 46.03 fee; through a central angle of 1B"44'47- t4 the vesPrrly line flf said Parcel 2; thence non -tangent from said Curve, clang said westerly line North 31"47'21" west 3&.77 feet and Borth 14'25'47" East 33.24 feet to Said SoutheasterTy line line of N
Rancho Californid Rand; thence alonq said cmarhfxet.rlf Murth 58`12'39" East 68.37 feet to the TRUE PAINT OF SEGIRNING. a5
CONTAINING' 0,I6 xcyes, more qr le5s.
'.

PARCEL 2
o
COW-E.NCING et the Southwesterly terminus of that certain Course in the �+
Spatheasterly line of Ranthd Califorria Road {110,00 feet ride) shown as 'North 50'12'39" Fast 2177.E2 feet" 4n Said parcel Flap No. 22514. thence along sold SOutheasterly line North 58'12'3V East 69.37 feet to the TRUE POINT OF fi
BEGINNING; thence cont`.nuinq 'long sold southeasterly line North 58.32'39" East I40,00 feet; thence South 30'52'00 East 116.35 feet; thence South 59'05'00" West 53.99 feet; thence South 73025'00" west 88.74 feet to a point bearfng South 30°52'00" East 92.25 feet from the TRUE POINT OF 6EG'.Nk1NG; ce
thence North 30152'00" West 92.25 feet to the TRA POINT OF 8EGINNING. ce
CONTAINING: 0.35 Acres, mere or less.

PARCEL 3
COWENCJNG at the SOVthwesterly terminus of that [ereoursr in +Fe ScJtheOSterTy line of Rancho- California Road ?;ZC,Qp feet widpj shown as "hc'rth M8°j_2'39" East 2;7792 fret" On said vercel Nap No. 225Iwf thrrsh as said southeasterly Tfre North 58°]2'30" Eist 2,)8,37 feet tQ the TRUE ROINI Of BEGINNING; thence C*ntinuing slang Said snutheaster7y Tine Ho*Lh 58°12"99" Lass i57.OD feet; theme South 3 °52'00^ Eest 26.00 .!et; thence South 59'12'39"' krst

73.00 feet; thence Sa�th 38`05'08" west &4,44 feet to a 8*1Ifn9e" W t Mouth 30°52'00" Fos+ from the TPA POINT OF BEGTMh'1MG; thence Barth 3C"52'00" west 36.97 feet to the TRUE POINT OF BECINFrirG.

CONTA?rylhG 0,12 Acres" more or less,
EXKraIT "8" attaCMed and by thIs reference made a part hereof. 142
awrenee a,an, ,

ce
r/
ry
� y
42,,4 4y;
moo.
;u
r
Syr• ��1r r����r �Fj�
*i,
�
k
■
+}
ry
"47'r
w14'/?
y1
•
�5 } V �� �d r�4Q �� S�
•y
T�
S � i
L�y�r
ExH!OfT .S J—
{ �JT �C�
— UffycH
TO ACCOWANY A LEGAL CCIGAsrn(h% MM
JQ. C. F C. D, EA S E MEN T
rVJ7I1iN PJ?FCEZ . PA4'Ni 22C,14
WFISSIONAL ENGNCEAS kAPdowe RS i 5LrWE'r ORS
fQ i9��*T�fl�7i}aL Ow FlMFYAY •IF,irF. t+�i•iCNpr+i7, •J ;7,.i,'] Yl3S
OATE SCbLE ieio
JAWARY 4, t!d! ! "_ "
JOB 40
24-77,5

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, dated from CITY OF TEMECULA, a municipal corporation ("Grantor") to

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), a body politic, is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
Date:

JASON E. UHLEY
General Manager -Chief Engineer
Project: Long Valley Wash Channel
Project No. 7-0-00320
PM 26766
APN 954-060-003
RCFC Parcel Nos. 7320-506, 507 & 508

Recorded at request of, and return to:

Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
Long Valley Wash Channel
Project No. 7-0-00320
PM 22513/ 38110
APNs: 954-030-002 and 943-030-003
RCFC Parcel 7320-504

SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DDT: - 0 - THE CONVEYANCE IS TO A

GOVERNMENTAL ENTITY OR
POLITICAL SUBDIVISION R&T 11922

QUITCLAIM DEED
Pursuant to that certain Declaration of Dedication recorded July 26, 1989, as Instrument No. 249223 of Official Records of the County of Riverside ("Declaration of Dedication"), Bedford Development Company, a California Corporation formally known as Kaiser Development Company, a California Corporation, Successor by Merger to Kacor Realty, Inc. a California Corporation, irrevocably dedicated to the public for flood control purposes, including ingress and egress, that certain real property located in the City of Temecula, County of Riverside described more particularly in Exhibit "A" and depicted in Exhibit `B" thereto ("Flood Control Easement") in accordance with the terms of the Long Valley Wash Channel and Camino Marea Storm Drain Project No. 7-0-330 Cooperative Agreement approved by the Riverside County Board of Supervisors on May 23, 1989. The Riverside County Board of Supervisors consented to the recordation of the Declaration of Dedication but did not accept the Flood Control Easement. The Flood Control Easement is located in the jurisdiction of the City of Temecula.

The CITY OF TEMECULA, a municipal corporation ("CITY") accepted on , 2023 the Flood Control Easement dedicated pursuant to the Declaration of Dedication pursuant to City Council Resolution No. . The CITY desires to transfer its interest in and to the Flood Control Easement to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic ("DISTRICT"), and the DISTRICT wishes to accept the City's interest in and to the Flood Control Easement for the DISTRICT's construction, inspection, operation, maintenance and use of the Long Valley Wash Channel storm drain improvements, and any appurtenances thereto. 27494710

NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, the CITY does hereby remise, release and forever quitclaim to DISTRICT, all of the CITY's rights, title and interest in and to the Flood Control Easement situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" and Exhibit `B" to the Declaration of Dedication, a true and correct copy of which is attached as Exhibit "1" hereto and incorporated herein by this reference. For purposes of reference only, said property described in Exhibit "A" and Exhibit `B" to the Declaration of Dedication is referenced as RCFC Parcel 7320-504.

This Quitclaim Deed is executed on the date set forth below.

CITY OF TEMECULA, a municipal
corporation
Date:

Aaron Adams, City Manager
ATTEST:
in
2 27494710
Randi Johl, City Clerk
(SEAL)

Exhibit "1"
Copy of Declaration of Dedication recorded July 26, 1989, as Instrument No. 1989-249223 of Official Records of the County of Riverside

T
co
01 7+
Ice
01 Cb
}Ce
or
{Part o£ SF�cliie glary 110. 199 - :{9rgorita Viilago)
Trdec 727:4, Long Valley Kash Channel, Pro as[ No. 7-0-J31 >tarardal 11 rogue., ta. ad rwtra k,
Xiawlde � rhea (J, L l
i IrONSENT TO ALCOADIK aad Vuar CmL rgmkm Dwain
I jGovemmera Cadre Pwcbor 7050i P- 0. 1as 103I
+ Jtiwrr{a.4Ca111ara.la
rM1. �S fp C1ATF+ rr Vw iwr CO &A*6�JaY er Ne Cuurq e1
N.rraaM r' u&er! or fie Ga4 hev+ craw+Kvu-v Xw QaClvrajk� d 7-lr �" v -'en IP4 m*ae t to rco-+rq J nar r4Q FAU R,ECOl %?C el?V lay 5�c67144&7. 7 G T6 a.44 C"a rr Fr d vw of 4.
oJYaC lNi+rrtidr E'fu.■q >1Sarri C+atrw1 aad � � n
+ Tfr- 7 aT V41rr Gwarr*aau DWACL M4
modod m ra raar,rd+d vk:..our I.4 ru n
trrt Gar raaal.

LC AL WALLONEY +
CJie1 d �+ 11PtM d Srw�neus
a 6
x DECLAFLA71ON OF OEDICATIOA
r
@EDFORD DErEt0PXF.14T COXPAt%Y. A CALM)KNIA C0920RATION' FO,RKALLY -JIOUN AS KAISER OEvZLQP11FrNT COYPA.'�Y. A CALIFORNIA ODAPOAATION, SUCCESSOR BY MEPGU TO 1 KACOR REALTY ft 'I 2
u
�r t
3 HEREBY Ip4EYOC:ABLY oEOIGATEISI IN PSPETurrf tplu Pubhe an fisw4mi for T e owuvvtl10ft use.

I o ita11►r. I . r•har.no-T Sr,Sx-,� fi�eirt
tepa.r- F*r0ft%iN&UM, rRFR' Mn, D"'AtQn, e}+d mt1re9nJ-X* 91 Ar AMC a1+4ppUMjbAAnr WON], includ,np MOM is Intl 49NU ftfma.#Vaf# XYal CO SIM r" properly 6,1198.1" km lr* Coutirlodflvefs-ar.sweiACalrt 441cribed&%rallows, CThis does nct in any lay rest?fCt :he -Granter from access acr45s, pavement and tannicaping cf said easeelent. However, F1DOO tantrol k:11 not be respans thle for the replacement of any er.harlced pavement and exotic Sae legal description attecb�d hereto as E*hihfo "A" and mnde a part heraaf..1Rnd5e4Pxn(J.) Batt!
Qiit a :
-)r7-�0',
KOFORD DEvEi. MENT GDmpk:Y.
h CALIFORNIA CORPORATION

PCP-HERLY KNOWN AS
7-ISER UEVELUXENT COMPANY,
A CALZFOR.w;A CORFOIATION

SXCESSOA BY MERCER TO
KACGR REALTY, LNC.,
A CALUORNIA CORPl)RATION
rl
r
{Title) t-.
ray:III
(Yiclr} SsdS 1
+r
I
STAIL Or G L-Fopd o lilvCreld{ let
On juty U. 19E9 .h■1■rrm■, m. wa.npn■d a. Nrpry Auole ..Jntl ror —I MA4.0d" wryr ■F06■rhe ILavirS Y, 11Yr4i0R
_ _ _- -- _-- .. Ira
Iris D. P►S4rson
OaraOa elY ■r.4fR 16+nslu yc.+d LOaJ drliF
tti.-ad aalWrlo-ry isd■ncr�ia G,rAM Y■'r■n.ra wM yari{,t■Q Ihr wrlhn �npf4a'Mkrll �_- .. -. 1r-r•e r..a.o.Mr.o kaaistant
`�r«+o■rr,nna.n.rtd: ,. ,. ,-,..

Atdford Dav4lopornr Company
P—pn,■hun,M,rnn —Pd. and ■ramw 4.10rd Tp rr4 matt
0FF'CIIIL SLA►
K'��l�:f big.M aTawwMa
lu{M1,:N P' INr,yai[,.1lO r+4r�h.n+hYlh.MaMP �■r,lroAi
-
¢rla..r qr a+aaWhMP�Y444e+A 9r �laGr?'r
,
Y-`. 0..•-� .5frxa In
a:.•_v��UZ ccurury
1YI'.Mt:SbmYl,yr,q WWYK,Y MrF 7y
M--:6r•,rT:SYAl oN7.` iS, 1547
`rr�_
U�^�
A.�fr11Wi-.�'"'��4�1
f-Y�u41nVH,nrl nararul ■tar

1 lie
Cq
/r " Ax
LEGAt DEStiR1PTION
R[MERSJOE COUNTY FLOOD
• , �HX
ur 'fr
Thlt ;.lertlin por,;el of land situated #n the un#nrorporsted territory of the County of Riversfile. State of California, being that purtion of Pairce) I Of #rr• f col Map No- 22513 filed lit Book 1a5, Pages 70 afliJ
71 Df Palbed asrcel a s 1p%+shf Of-
fice of the County Recordtr of sold Riw-e*fide Cou ty,
ifte Of said
nthe"GINNlsautheasterlel�nrnof1Rencl�a [al#forrsSteelY lia Ra d[110^4"ftet �+1dej:athence along the northwesterly line of sold Parcel i North G3'42'32' Eas# 447.03 feet to tha beginning Of a tangent curve in said northwesterly line CW-Ave nort "Sterly and having a radius of 7♦1SS.DO fart; thence along said comb and northWtSterly tine nOrt 3$terly 526.16 feet through 4 central angle of 4'16'32* to the volt northerly Corner i�f said Parcel 1, thence rlongt" MO theatherce line of sell Parcel 1 South 47'23'00' East 3#S.27 r
hEL
outhaSterlyrbling of Said Parcel ICO ctvt northeasterly and having t vi g a radius0`
1Z50.00 feet, a radlrl line of said Corwe from said 1*10 bears North 61{32'17* East; thence along Bald Curls and so%hWesterl.y lire r4rthnesterly 61,45 fret thecugh j C"tral afigle nt ofrq'4 said' to ar, a aping it oint In said Soythwlsterly lire; thence nan-tang!
wo$ terly lipe of said Parcel 1 North 14101'S4' East 35.07 fast to the POFNT Of BEG; A;i,1 G.

GQNTAIMIHG' 1.24 Acres, More or lass.

RHI TT. 'i}' rttached and by thfs reference olade a part hereof.

Yy.
""tC F '' k
s G
-r
FxP. $3�9i
w
{f�� OC {•�L5�44�
14�� / A:nc-�
awrence dCan, 73.

. :Lzp..r _
Ice
V
1 ki
'
S
co
kn
EXHiarr a —. pistror(
To aCCGAN% (• A UMULL mascawrAm PNI
Ae C. F.C.A. EASEAMMY
WITNIN PARCEL 1, PidNO TZ5i3.
coNTA# wrt = i U ACRES t
WE
SHEET I OF 2 JHZETS
PP,WM*r(+l AmOwrzfm mAMM ERi i &mvrvOFlS
in ietil7y 7 auWI++MUM �Ihnhf F..KOaI+uFSe 11
9wQ44 fi'ti�
JANVARY i, /IJ? +r«dG"
Ma Mom
24775

E
2Ch F.
7 �
I
Q
�
k
k■ TCjW L . SEE SMERT I
$U■af 2 OF a SM69"
EXHIBIT a'- -■n,-
_ AACCWAWaL"AL MMAW7" M9w C*bcn q*n.CwAtkw.F7;wisc9wwoimo R-crF SE E I �tm_Lm ■W ".w �
__._� _ALFON
m mm aC RHO 22� 3. _ m-"
emnu» .1 ACRES2 j
DA■ mom•
r.m.24773
JANUAXY46, 1909
��

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, dated from CITY OF TEMECULA, a municipal corporation ("Grantor") to

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT ("Grantee"), a body politic, is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
Date:

JASON E. UHLEY
General Manager -Chief Engineer
Project: Long Valley Wash Channel
Project No. 7-0-00320
PM 22513/38110
APNs 954-030-002 & 943-030-003
RCFC Parcel No. 7320-504

Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 24, 2023
SUBJECT: Accept Improvements and File the Notice of Completion for the Butterfield Stage Road Extension - Phase III, PW15-11
PREPARED BY: Amer Attar, Engineering Manager
Emalee Sena, Engineer Technician II
RECOMMENDATION: That the City Council:

1. Accept the construction of the Butterfield Stage Road Extension -Phase III, PW 15- 11, as complete; and

2. Direct the City Clerk to file and record the Notice of Completion and 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 December 11, 2018, the City Council awarded a construction contract to Mamco, Inc. dba Alabbasi, in the amount of $6,015,872.00 and authorized the City Manager to approve construction contract change orders not to exceed the contingency amount of $601,587.20. On December 15, 2020, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-83, increased the contingency by $283,851 for a total authorization of $6,901,310.20 to complete Butterfield Stage Road Extension - Phase III, PW15-11.

The Butterfield Stage Road Extension - Phase III, PW15-11 provided for the full width widening of Butterfield Stage Road to four lanes with a raised median from La Serena Way to Rancho California Road. The project included modifications to the existing traffic signal at Butterfield Stage Road and Rancho California Road, as well as widening Rancho California Road from Butterfield Stage Road to Armada Place. In addition, The City executed a Cooperative Agreement with the County of Riverside to extend the widening of Rancho California Road 520-feet east of Armada Place. The County of Riverside has already paid for these additional improvements.

Mamco, Inc. dba Alabbasi, has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work was warranted for a period of one year from June 16, 2020, the date the City obtained "beneficial use" of the project improvements. This warranty has since expired. The retention for this project was released pursuant to the provisions of Public Contract Code 7107.

The base amount of the construction contract was $6,015,872.00, seven contract change orders were issued in the amount of $885,438.20. This resulted in a total project construction cost of $6,901,310.20.

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

ATTACHMENTS: 1. Notice of Completion

2. Project Description

3. Project Location

4. Contractor's Affidavit and Final Release

RECORDING REQUESTED BY
AND RETURN TO:

CITY CLERK

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

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

3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Mamco, Inc. dba Alabbasi, 764 W. Ramona Expressway, Suite C, Perris, CA 92571, to perform the following work of improvement:

Butterfield Stage Road Extension — Phase III, PW15-11

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 January 24, 2023. That upon said contract Fidelity and Deposit Company of Maryland, 1299 Zurich Way, Schaumburg, IL 60196-1056, 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:

Butterfield Stage Road Extension — Phase III, PW15-11

6. The location of said property is: Butterfield Stage Road, from La Serena Way to Rancho California Road and Rancho California Road, from Butterfield Stage Road to 520-feet east of Armada Place, Temecula, CA 92591.

Dated at Temecula, California, this 24' day of January, 2023.

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 24th day of January, 2023.

City of Temecula
Randi Johl, City Clerk

Alk
Tf,r � •=:�r� n� Sourhern C'a�i{;rni�
W�n� r��..itLry

BUTTERFIELD STAGE ROAD EXTENSION
Circulation Project
Project Description: This project includes the complete design and construction of four lanes on Butterfield Stage Road (from Rancho California Road to Murrieta Hot Springs Road), four lanes on Murrieta Hot Springs Road (from Butterfield Stage Road to the City limits), and two lanes on Calle Chapos (from Butterfield Stage Road to Walcott Road), totaling approximately 3.2 miles of road.

Benefit: This project improves traffic circulation by providing a crucial north and south arterial road on the eastern side of the City.

Core Value: Transportation Mobility and Connectivity
Project Status: Construction of the roads has been completed.

Department: Public Works - Account No. 210.265.999.723 / PW15-11 Level: I
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
Project Cost:

Prior Years
Actuals
2022-23
2021-22 Adopted 2023-24 2024-25 2025-26 2026-27
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
2,767,748
100
2,767,848
Construction
20,051,147
1,520,000
21,571,148
Construction Engineering
1,231,619
1,231,619
Design & Environmental
820,789
820,789
Land Acquisition
15,015,423
15,015,423
Utilities
203
203
Total Expenditures
1 39,886,9281
1,520,102 - - -
41,407,030
Source of Funds:

CFD 03-02 (Roripaugh Ranch)
38,401,739
635,201
39,036,940
Reimbursements
932,090
932,090
TU M F
1,438,000
1,438,000
Total Funding
40,771,829
635,201 -
41,407,030
Future Operating & Maintenance Costs:

Total Operating Costs
75 TiiLcITY OF
TEMECULA Butterfield Stage Road Extension - Phase III
1741 Ti.ati4au..kr.. I�parta•hIr'
752.3 0 Distance / 2 752.3 Feet
W G S_ 19 84_ Web —Mercator — Au x i l i a ry_S p h e re © Latitude Geographics Grop Ltd.

Legend
City of Temecula Boundary
❑
Parcels
Street Names
Highways
HWY

INTERCHANGE

INTERSTATE

OFFRAMP
ONRAMP
USHWY
Hospitals
Creeks
❑
Cities
Streets
<Null,
PAVED

PROPOSED

UNPAVED
Public Facilities
Parks
Schools
1: 9,028
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.

THIS MAP IS NOT TO BE USED FOR NAVIGATION

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for

BUTTERFIELD STAGE ROAD - PHASE III
PROJECT NO. PW15-11
This is to certify that Mamco, Inc. dba Alabbasi
(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 BUTTERFIELD STAGE ROAD - PHASE III, PROJECT NO. PW15-11, situated in the City of Temecula, State of California, more particularly described as follows:

Butterfield Stage Road and Rancho California Road, Temecula, CA 92591

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:/1
Dated: 2/1/2021 By: �I
Signature
Rumzi Alabbasi Vice President
Print Name and Title
RELEASE R-1

Item No. 13

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
JANUARY 10, 2023
CALL TO ORDER at 6:34 PM: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
CSD PUBLIC COMMENTS -None

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

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

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

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 6:36 PM, the Community Services District meeting was formally adjourned to Tuesday, January 24, 2023 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

James Stewart, President
ATTEST:

Randi Johl, Secretary
[SEAL]

Item No. 14

TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 24, 2023
SUBJECT: Approve Ratification of Election Results for Tract Map Numbers 37341-1 through 37341-10, within Sommers Bend, to Service Level B (Residential Street Lights) Rates and Charges (Located on the East Side of Butterfield Stage Road and North of Long Valley Wash)
PREPARED BY: Ron Moreno, Principal Engineer/City Surveyor Annie Bostre-Le, Public Works Development Manager
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:

RESOLUTION NO. CSD

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA COMMUNITY SERVICES DISTRICT OF THE

CITY OF TEMECULA, ORDERING THE ANNEXATION OF

PROPERTY TO SERVICE LEVEL B - RESIDENTIAL STREET

LIGHTING
BACKGROUND: At the meeting of November 29, 2022, the Board of Directors adopted Resolution No. CSD 2022-06, which called for an Election to be held among the property owners of the parcels within Tract Map Numbers 37341-1 through 37341-10. The purpose of this election was to establish Service Level B rates and charges for Fiscal Year 2023-2024.

This election was conducted by mail with a final date for acceptance of ballots to be no later than 6:00 p.m. on January 23, 2023. At 6:00 p.m. on that date, the City Clerk acting in her capacity as the City's Election Official and as the Secretary of the Board of Directors of the Temecula Community Services District declared the receipt period for receiving ballots closed. The results of the votes cast, returned within the time allowed and publicly counted, are included within the body of the proposed resolution.

Staff recommends adoption of the resolution ratifying the results of this election.

FISCAL IMPACT: There is no direct fiscal impact as a consequence of the ratification of the election results.

ATTACHMENTS: 1. Resolution

2. Certificate of Election Results

3. Vicinity Map

RESOLUTION NO. CSD 2023-

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA COMMUNITY SERVICES DISTRICT OF THE

CITY OF TEMECULA, ORDERING THE ANNEXATION OF
PROPERTY TO SERVICE LEVEL B — RESIDENTIAL

STREET LIGHTING
WHEREAS, the Board of Directors (the "Board") of the Temecula Community Services District (the "District") of the City of Temecula adopted Resolution No. CSD 2023- declaring its intention to annex certain property to Service Level B of the Temecula Community Services District, and scheduling a public hearing thereon; and
WHEREAS, by Resolution No. CSD 2023- , the Board approved the report of Webb Municipal Finance, LLC, the assessment engineer (the "Report"), which contained, among other matters, the proposed assessments to be levied for Fiscal Year 2023-24 upon assessable lots and parcels; and
WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution No. CSD 2023- , the Board directed the Secretary of the Board to mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and
WHEREAS, the Board has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to Service Level B and has received a report from the Secretary of the Board regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Board of Directors of the Temecula Community Services District of the City of Temecula, California as follows:

Section 1. Findings. The findings recited in the preceding paragraphs are true and correct.

Section 2. Improvements. The improvements within Service Level B and which shall be provided for through the assessments levied annually on property therein, including the property which comprises the annexation of territory, shall include the following:
(a) The operation and maintenance of residential street lighting; Section 3. Annexation. The property comprising the annexation of territory, annexed to Service Level B of the Temecula Community Services District. The diagram as contained in the Report is confirmed.

Section 4. Lew of Assessments, Duration. The assessments proposed to be levied on the lots and parcels comprising property annexed to Service Level B, for Fiscal Year 2023-24 in the amounts set forth in the Report and in the assessment ballots mailed to and returned by the owners of the property comprising the annexation shall be and are confirmed and levied. The assessments shall be levied annually on lots and parcels comprising the annexation as long as the assessments are necessary to finance the cost of the operation and maintenance of the residential street lighting within Service Level B.

Section 5. Filing with the County Auditor. The Secretary of the Board shall cause the diagram and assessments as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code.

PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 24th day of January, 2023.

James Stewart, President
ATTEST:

Randi Johl, Secretary
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 2023- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 24th day of January, 2023, by the following vote:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

Randi Johl, Secretary
3 SERVICE LEVEL B ANNEXATION OF TERRITORY

TEMECULA COMMUNITY SERVICES DISTRICT,

CITY OF TEMECULA, COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the Secretary of the Temecula Community Services District Board of Directors or acting Secretary, as the case may be, hereby certify:

In connection with the special mailed -ballot election called by the Board of Directors (the "Board") of the Temecula Community Services District (the "District") on this same date in the proceedings of the Board for the above -entitled Service Level, I personally received signed, dated and marked election ballots on behalf of the owners of property within the annexation of territory. Copies of the completed ballots received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballots to confirm that they were properly marked and signed, and I hereby certify that the result of that count is as follows:

Support
Oppose
Total
Ballot Count
Dollar Amount
Assessment Percentage
Based upon the tabulation above, the votes that were cast are in favor of or against the ballot measure.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on , 2023.

Randi Johl
Secretary of the Board
Temecula Community Services District
(Attach completed copies of Ballots)

ASSESSMENT DIAGRAM

SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING

ANNEXATION BOUNDARY

TEMECULA COMMUNITY SERVICES DISTRICT

CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Legend
soMMERseF o _ W ANNEXATION BOUNDARY
N

PARCEL LINE
W
jSOMMERS BEND
m SPORTS PARK

VICINITY MAP

NOT TO SCALE

AUIIIETAHI

OVALLEYWASHN

THIS ASSESSMENT DIAGRAM CORRECTLY SHOWS THE LOT OR PARCEL

OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE ANNEXATION 00Webb DISTRICT. FOR DETAILS CONCERNING THE LINES AND

DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY NOT TO SCALE ASSESSORS MAPS FOR FISCAL YEAR 2022-2023. M: IGIS-Assessment) Temecula I TCSD SL B Annex Assessment Diagram.mxd

Item No. 15

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: January 24, 2023
SUBJECT: Conduct Public Hearing to Consider Extension of Interim Urgency Ordinance Enacted Pursuant to Government Code Section 65858 Establishing Emergency Regulations Related to Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9, Declaring the Urgency Thereof and Making a Determination of Exemption Pursuant to Government Code Section 65852.210) and California Environmental Quality Act Guidelines Section 15061(b)(3) PREPARED BY: Matt Peters, Principal Planner
RECOMMENDATION: That the City Council adopt an ordinance, by a 4/5 vote, extending Interim Urgency Ordinance No. 2022-03 entitled:

ORDINANCE NO.

AN INTERIM URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA,
EXTENDING INTERIM URGENCY ORDINANCE NO.2022-03,

ESTABLISHING EMERGENCY REGULATIONS PURSUANT
TO GOVERNMENT CODE SECTION 65858 ON URBAN LOT

SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE
WITH SENATE BILL 9, AND MAKING A DETERMINATION

OF EXEMPTION PURSUANT TO GOVERNMENT CODE
SECTION 65852.21(J) AND CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3)

SUMMARY OF
ORDINANCE: Senate Bill 9 (SB 9) specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones.

BACKGROUND: Current zoning regulations permit up to three units on a parcel zoned for a single-family dwelling: one primary dwelling; one Accessory Dwelling Unit (ADU); and one Junior Accessory Dwelling Unit (JADU).

Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022 (see Attachment 5). It requires that a local jurisdiction allow ministerial approval (no discretionary review) of two units on parcels zoned for single family dwellings per lot and/or the subdivision of a single-family zoned parcel into two equal sized parcels (a 40 to 60 percent split of lot size is allowed). This type of subdivision ("urban lot split") may result in each lot containing a duplex or two detached residential units.

SB 9 allows cities to adopt objective development standards that regulate such projects provided they do not conflict with the Senate Bill. All new development resulting from an urban lot split must follow the City's Objective Design Standards adopted by City Council (Ordinance 2022-02 and Resolution 2022-08), provided the new development meets the definition of a multi -family dwelling unit.

ANALYSIS: On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03. Adoption of the Interim Urgency Ordinance imposed a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9 that do not meet the objective zoning and design standards contained in the ordinance.

The Interim Urgency Ordinance would have expired after 45 days on April 8, 2022. However, extra time was necessary to thoroughly research and evaluate a permanent, non -urgency ordinance that updates/amends the Municipal Code establishing objective land use regulations and technical/design standards pertaining to SB 9 housing development projects and urban lot splits in the City. Government Code Section 65858(d) requires that "ten days prior to the expiration or extension of any interim zoning ordinance, the legislative body [City Council] must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance." On March 8, 2022, the City issued an Alleviation Report identifying measures taken to alleviate the conditions that led to the adoption of Interim Urgency Ordinance No. 2022-03.

On March 22, 2022, the City Council extended the Interim Urgency Ordinance for a period of 10 months and 15 days, through and including, February 21, 2023.

Government Code Section 65858 allows for two extensions of Interim Urgency Ordinance No. 2022-03 not to exceed 22 months and 15 days. Having already extended the Interim Urgency Ordinance for a period of 10 months and 15 days, Staff is seeking up to an additional 12 months, through and including February 21, 2024, to research and prepare a permanent ordinance to address SB 9, Urban Lot Splits. In compliance with Government Code Section 65858(d), the City Council hereby issues this report for Interim Urgency Ordinance No. 2022-03.

On January 10, 2023 the City issued a second Alleviation Report identifying measures taken to alleviate the conditions that led to the adoption of Interim Urgency Ordinance No. 2022-03.

Extra time is necessary to thoroughly research and evaluate a permanent, non -urgency ordinance that updates/amends the Municipal Code establishing objective land use regulations and technical/design standards pertaining to SB 9 housing development projects and urban lot splits in the City. The City of Temecula is a member of the Western Riverside Council of Governments (WRCOG). Utilizing Regional Early Action Plan (REAP) grant funding, WRCOG hired a consultant to prepare a model ordinance for member agencies to utilize in drafting a permanent ordinance to address SB 9, Urban Lot Splits. In addition to the model ordinance, the consultant was also hired to prepare an SB 9 fact sheet and site plan scenarios. The consultant presented a summary of the draft model ordinance to the Planning Director's Committee (PDC) on December 8, 2022. Staff will be utilizing the draft model ordinance and discussing extensively with WRCOG and other City Planning Department Staff in the coming months. It is recommended that the City extend the attached ordinance to allow additional time for analyzing the various aspects of the model ordinance prepared for WRCOG member jurisdictions. Staff recommends that the City Council extend the attached Interim Urgency Ordinance Extension for a period of 12 months, through and including, February 21, 2024.

FISCAL IMPACT: Costs associated with the extension of the Urgency Ordinance are covered by the General Fund.

ATTACHMENTS: 1. Ordinance - Extension

2. Adopted Interim Urgency Ordinance No. 2022-03

3. February 22, 2022 Agenda Report to City Council

4. January 10, 2023 Alleviation Agenda Report to City Council

5. Senate Bill 9

ORDINANCE NO.2023-

AN INTERIM URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA,
EXTENDING INTERIM URGENCY ORDINANCE NO.2022-
03, ESTABLISHING EMERGENCY REGULATIONS
PURSUANT TO GOVERNMENT CODE SECTION 65858 ON

URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, AND MAKING A

DETERMINATION OF EXEMPTION PURSUANT TO
GOVERNMENT CODE SECTION 65852.21(J) AND

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES SECTION 15061(B)(3)

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

SECTION 1. Prior Ordinance. On February 22, 2022, the City Council adopted Interim Urgency Ordinance No. 2022-03 establishing emergency regulations pursuant to Government Code Section 65858 on urban lot splits and housing units built in accordance with Senate Bill 9. That ordinance has an initial term of forty-five (45) days, which the Council extended for an additional ten (10) months and fifteen (15) days on March 22, 2022. Interim Urgency Ordinance No. 2022-03 is scheduled to expire on February 21, 2023.

SECTION 2. Legislative Findings. The City Council of the City of Temecula does find, determine, and declare that:

A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, an interim urgency zoning ordinance must be adopted by not less than a four -fifths vote of the City Council and is effective for forty-five (45) days from the date of its adoption.

B. The City Council may consider up to two (2) extensions of Interim Urgency Ordinance No. 2022-03 pursuant to the legal requirements provided in Government Code Section 65858. The City Council may initially extend Interim Urgency Ordinance No. 2022-03 by up to ten (10) months and fifteen (15) days. Then, the City Council may extend Interim Urgency Ordinance No. 2022-03 for one (1) subsequent year. Both extensions require a four -fifths vote of the City Council.

C. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022.

D. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law.

E. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute.

F. Some parcels within the City are within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community.

G. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones.

H. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents — including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability — without compensating benefits to the community.

I. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments.

J. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to 2 SB 9 in the City. To accomplish this, the City Council imposed, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant to SB 9.

K. The City Council now finds that it is necessary to extend the emergency regulations.

L. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed.

During this period, the City will be able to analyze their potential impacts on the public health.

The City Council finds that these studies will help the City Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers.

M. The City Council finds that it is necessary that this Interim Urgency Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare. Without this Interim Urgency Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this Interim Urgency Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists.

N. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City.

SECTION 3. Compliance with Government Code Section 65858(d).

Government Code Section 65858(d) requires that ten days prior to the expiration or extension of any interim zoning ordinance, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. On January 10, 2023, the City Council issued this report.

SECTION 4. Adoption as an Interim Urgency Zoning Ordinance. This Ordinance is adopted as an interim urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 2 of this Interim Urgency Ordinance, the City Council finds and determines that the adoption of this Interim Urgency Ordinance as an urgency ordinance is 3 necessary for the immediate preservation of public health, safety, and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b).

SECTION 5. Emergency Regulations Extended. The emergency regulations enacted by the City of Temecula pursuant to Interim Urgency Ordinance No. 2022-03 are hereby extended pursuant to Government Code Section 65858 for an additional year so as to extend these regulations until and through February 21, 2024. The urgency ordinance hereby extends emergency regulations of urban lot splits and housing units built in accordance with Senate Bill 9.

SECTION 6. Term. This Interim Urgency Ordinance shall take effect immediately upon adoption, and this Interim Urgency Ordinance shall expire, and the emergency regulations established hereby shall terminate on February 21, 2024. The City Council shall retain the authority to terminate or to limit the scope of the emergency regulations at any time.

SECTION 7. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Interim Urgency Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this Interim Urgency Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this Interim Urgency Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This Interim Urgency Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this Interim Urgency Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required.

Furthermore, this Interim Urgency Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this Interim Urgency Ordinance.

SECTION 8. Planning Studies. City staff shall continue the studies commenced pursuant to Interim Urgency Ordinance No. 2022-03 that they deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula.

SECTION 9. Effect of Ordinance. This Interim Urgency Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this Interim Urgency Ordinance; provided, however, that nothing contained in this Interim Urgency Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances.

SECTION 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Interim Urgency Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not 4 affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council hereby declares that it would have adopted this Interim Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 11. Effective Date. This Interim Urgency Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect on February 22, 2024.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula on this 24th day of January, 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of January, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

ORDINANCE NO. 2022-03

AN INTERIM URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF TEMECULA ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858

ESTABLISHING EMERGENCY REGULATIONS RELATED

TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, DECLARING THE

URGENCY THEREOF AND MAKING A DETERMINATION

OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTION 15061(B)(3) AND GOVERNMENT CODE
SECTION 65852.21(J)

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

SECTION 1. Legislative Findings. The City Council of the City of Temecula does find, determine and declare that:

A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, this interim urgency zoning Ordinance must be adopted by not less than a four - fifths vote of the City Council and will be in effect for forty-five (45) days from the date of its adoption. The City Council may consider an extension of this interim Ordinance pursuant to the legal requirements provided in Government Code Section 65858.

B. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022.

C. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria.

SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law.

D. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact

upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute.

E. The City of Temecula's natural beauty, high quality of life, and diverse residential communities are uniquely valuable public resources. Some parcels within the City are also within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards.

Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community.

F. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones.

G. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents - including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability - without compensating benefits to the community.

H. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments.

I. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City.

J. To accomplish this, the City Council intends to impose, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant toSB9.

K. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed. During this period, the City will be able to analyze their potential impacts on the public health. The City Council finds that these studies will help the City Council and the City's Planning Department

determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, Housing Element programs, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers.

L. The City Council finds that it is necessary that this interim Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare.

Without this interim Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted.

Without this interim Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists.

M. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City.

SECTION 2. Adoption as an Urgency Interim Zoning Ordinance. This interim Ordinance is adopted as an urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 1 of this interim Ordinance, the City Council finds and determines that the adoption of this interim Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b).

SECTION 3. Prohibition on SB 9 Projects that Fail to Comply with Certain Standards. Notwithstanding any other ordinance or provision of the Temecula Municipal Code, SB 9 Development Projects, as defined herein, are prohibited unless the project complies with the following requirements:

A. Definitions. For the purposes of this interim Ordinance, certain words and phrases are defined as follows:

1. "Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.2, as the same may be amended from time to time.

2. "Junior Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.22, as the same may be amended from time to time.

3. "Primary Residence" means the original dwelling on the property.

4. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.7.

5. "SB 9 Development Project" consists of an Urban Lot Split or development project proposed pursuant to the regulations set forth in SB 9.

6. "Urban Lot Split" means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size.

B. Applicability: Ministerial Compliance Review.

1. Notwithstanding any other provision of the Temecula Municipal Code, the provisions of this interim Ordinance shall apply to SB 9 Development Projects and Urban Lot Splits that are proposed for lots in the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1 and L-2), and Low Medium Density Residential (LM) zoning districts, as well as areas within Specific Plans and Planned Development Overlay Areas that are limited to single family residential uses. Except as expressly provided in this interim Ordinance or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the Temecula Municipal Code.

2. Proposed SB 9 Development Projects shall be subject to ministerial review by the Community Development Director or his designee to determine whether the criteria for approval have been met. An Urban Lot Split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

3. Notwithstanding Government Code Section 66411.1, the City shall not require dedications of rights -of -way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split.

4. Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations.

5. The City may, at the applicant's expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

C. General Requirements. A property owner seeking approval of an SB 9 Development Project shall comply with the following general requirements:

1. SB 9 and all objective requirements of other applicable state law including the Subdivision Map Act.

2. The Temecula Municipal Code, including Titles 16 (Subdivisions), 15 (Buildings and Construction) and 17 (Zoning), except as expressly provided in SB 9 or in this interim Ordinance.

3. Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions:
a. Non-residential uses on the site shall be prohibited; b. The short term rental for periods less than 30 days of any units on the site shall be prohibited as provided in Section 17.06.030; Any subsequent Urban Lot Split of land that was previously subdivided with an Urban Lot Split shall be prohibited; d. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an Urban Lot Split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the Urban Lot Split;
e. Ongoing compliance with all SB 9 requirements and restrictions shall be required;
f. Access to the public right-of-way shall be maintained in perpetuity; and
g. All required parking shall be maintained.

4. If the SB 9 Development Project involves an Urban Lot Split, one of the two parcels created shall include a deed restriction for one income restricted dwelling unit that shall be rented or leased at an affordable rent for very low, low or moderate -income households (as defined in Health and Safety Code Section 50053). The deed restriction shall remain in place for a period of not less than fifty-five years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement for the deed restricted unit.

D. Objective Standards. All SB 9 Development Projects shall comply with the following objective standards:

1. All new development resulting from an urban lot split must comply with the City's Objective Design Standards adopted by City Council (Ordinance 2022-02, and City Council Resolution 2022-08 and their successor

ordinances and resolutions), to the extent those standards are consistent with SB 9 and this Interim Ordinance.

2. For an urban lot split that results in only one new unit being developed on the lot, the new development shall match the existing primary dwelling unit's roof pitch; roof type shapes (e.g.; s-tiles, flat tiles, etc.); materials, and colors; siding/stucco finish and color; base materials (e.g.; rocks/brick on columns); window sizes and shapes; and trim material and color.

3. One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this interim Ordinance, unless the parcel upon which the unit is created is within one-half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking for an Urban Lot Split lot shall be accessed via an alley, if there is an alley adjacent to the lot.

4. The new lot line must be a straight line starting from the front property line to the rear property line, or side if it is a corner lot. There shall be no curves or angles when subdividing a lot.

5. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights -of -way.

6. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

7. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley.

8. More than 25 percent of the exterior structural walls of a Primary Residence shall not be demolished if the Primary Residence has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application.

9. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall exceed 16 feet and one story in height.

10. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall be more than 1,200 square feet in floor area. For the purposes of this interim Ordinance, basements shall count as floor area.

11. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall have a minimum four foot setback from all side and rear lot lines except as allowed by Government Code Section 65852.21.

12. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall be separated from any other units on the same lot by at least 10 feet.

13. An SB 9 Development Project shall not require the demolition or alteration of any of the following:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

C. Housing that has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. d. Housing units removed from the rental market under the Ellis Act within the 15 years prior to the submission of an SB 9 Development Project application.

14. A SB 9 Development Project shall not be permitted on a parcel located in:
a. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

C. A very high fire hazard severity zone, as determined by the State Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the State Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or, sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public

Health, State Water Resources Control Board, or State Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City, or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no -rise certification in accordance with Section

60.3(d)(3) of Title 44 of the Code of Federal Regulations. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.

Sec. 1531 et seq.), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant 8 Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
i. Lands under conservation easement.
k. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the City.

15. SB 9 projects shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee.

16. An Urban Lot Split shall comply with SB 9, the standards set forth above, and the following standards:
a. No lot resulting from an Urban Lot Split shall be smaller than 1,200 square feet.
b. No lot resulting from an Urban Lot Split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

C. The two lots resulting from an Urban Lot Split shall be approximately equal in size, and no smaller than 40 percent or larger than 60 percent of the lot area of the original parcel. d. No flag lots shall be created as a result of an Urban Lot Split if the subject property is adjacent to an alley, located on a corner, or on a through lot.
e. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide.
f. The proposed parcel map shall demonstrate the ability to access the public right-of-way in perpetuity.

E. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this interim Ordinance upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area.

F. Denial. The Building Official may deny an application for an SB 9 Development Project upon making both of the following findings in writing based upon a preponderance of evidence:

1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2).

2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SECTION 4. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this interim Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This interim Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this interim Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this interim Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this interim Ordinance.

SECTION 5. Planning Studies. City staff shall promptly commence the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this interim Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this interim Ordinance.

SECTION 6. Extension of Time. The Community Development Director and the City Clerk's office shall undertake all actions legally necessary to extend this interim Ordinance in the event the studies desired by this City Council will not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of this interim Ordinance.

SECTION 7. Effect of Ordinance. This interim Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this interim Ordinance; provided, however, that nothing contained in this interim Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances.

SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this interim Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this interim Ordinance. The City Council hereby declares that it would have adopted this interim Ordinance, and each section, subsection, subdivision, sentence, 10 clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 9. Effective Date. This interim Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect forty-five (45) days from the date of its adoption unless extended pursuant to the legal requirements contained in Government Code Section 65858.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of February, 2022.

ATT
Randi Johl, City Clerk
[SEAL]
1 Matt Rahn, Mayor

1 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. 2022-03 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 22°d day of February, 2022, by the following vote:

AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
12 CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: February 22, 2022
SUBJECT: Adopt an Interim Urgency Ordinance of the City Council of the City of Temecula Enacted Pursuant to Government Code Section 65858 Establishing Emergency Regulations Related to Urban Lot Splits and Housing Units Built in Accordance With Senate Bill 9, Declaring the Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3) and Government Code Section 65852.21(J) PREPARED BY: Matt Peters, Senior Planner
RECOMMENDATION: That the City Council adopt by a 4/5 vote the urgency ordinance entitled:

ORDINANCE NO. 2022-

AN INTERIM URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF TEMECULA ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858

ESTABLISHING EMERGENCY REGULATIONS RELATED

TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, DECLARING THE

URGENCY THEREOF AND MAKING A DETERMINATION

OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTIONS 15061(13)(3) AND GOVERNMENT CODE SECTION
65852.21(J)

SUMMARY OF
ORDINANCE: SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones.

BACKGROUND:

Current zoning regulations permit up to three units on a parcel zoned for a single-family dwelling:
one primary dwelling; one Accessory Dwelling Unit (ADU); and one Junior Accessory Dwelling Unit (JADU).

Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022 (see Attachment 1). It requires that a local jurisdiction allow ministerial approval (no discretionary review) of two units on parcels zoned for single family dwellings per lot and/or the subdivision of a single-family zoned parcel into two equal sized parcels (a 40 to 60 percent split of lot size is allowed). This type of subdivision ("urban lot split") may result in each lot containing a duplex or two detached residential units.

SB 9 allows cities to adopt objective development standards that regulate such projects provided they do not conflict with the Senate Bill. All new development resulting from an urban lot split must follow the City's Objective Design Standards adopted by City Council (Ordinance 2022-02), and City Council (Resolution 2022-08).

ANALYSIS:

If the City Council adopts the proposed Interim Urgency Ordinance at the February 22, 2022 meeting and the City Council wishes to proceed with the first extension, such an extension can be scheduled for a Public Hearing at the March 22, 2022 City Council meeting. But to comply with the extension requirement, the City would have to take action on a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. This report would be scheduled for the March 8, 2022 City Council meeting.

The zones in the City where SB 9 projects would be permitted to develop include the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1 and L-2), and Low Medium Density Residential (LM) zoning districts, as well as areas within Specific Plans and Planned Development Overlay Areas that are limited to single family residential uses.

Subject to certain exceptions, properties that are identified in the General Plan as being in a "very high fire hazard severity zone" and/or are located within a federally designated 100-year floodplain are excluded from SB 9 projects. In addition, per SB 9, SB 9 projects are also not allowed in the several other areas, including but not limited to earthquake study zones, prime agricultural lands, hazardous waste sites, and historic districts and/or properties with historic resources.

Objective Development Standards— SB 9 Housing Development Certain standards, regulations and provisions are established in SB 9 that the City must enforce.

These features of the Senate Bill are listed below:

• Housing. The City must allow ministerial approval of two units in single-family zones per lot and/or the subdivision of an existing single-family zoned parcel into two approximately equal sized parcels (a 40 to 60 percent split of lot size is allowed). • Preservation of Certain Types of Housing. The SB 9 project cannot require the demolition or alteration of any of the following: (1) rent controlled units, (2) affordable units, (3) units occupied by tenants within the last three years; or (4) units removed from the rental market under the Ellis Act within the last 15 years. • Setbacks. The City must allow setbacks of up to 4 feet from side and rear lot lines. The City is allowed to impose front yards setbacks, provided that the front yard setback does not preclude the development of up to two units of at least 800 square feet of floor area each. The City cannot establish a setback to/for existing structures or structures constructed in the same location and to the same dimensions as an existing structure. • Parking. The City can only require 1 off-street parking space per lot unless the parcel is located within'/2 mile of a high -quality transit corridor or major transit stop or there is a car share within one block of the parcel.
• Existing Unit Protections. The City must not allow the demolition of more than 25 percent of an existing unit's exterior structural walls, unless permitted by local ordinance or the site has not been occupied by a tenant in the last three years. The interim urgency ordinance includes a provision that prohibits demolishing more than 25 percent of an existing unit as a means of preserving existing housing stock and maintaining current neighborhood appearances as much as possible.
• Use Restrictions. The City must prohibit any non-residential uses, short-term rentals (less than 30-day tenancy), and subsequent urban lot splits. The City already prohibits short term rentals in the City. The City must require an applicant for an urban lot split to sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split. The City must also mandate continual access to public rights -of -way. • Housing Element Report. The City must report the number of units developed pursuant to SB 9 in its Annual Housing Report.

As discussed previously, the City may adopt objective development standards as long as they do not preclude the development of up to two units of at least 800 square feet of floor area each. The City recently adopted Objective Design Standards that apply to multi -family residential projects and could apply to SB 9 projects. Since the City has some authority to adopt objective development standards, it is considered prudent to apply any provisions that could increase community aesthetics as well as promote vehicular and pedestrian safety, emergency response, housing affordability, and compatibility with existing neighborhoods.

The following are recommended development standards that have been included in the attached Interim Urgency Ordinance as supplemental to those standards established in SB 9:

1. All new development resulting from an urban lot split must comply with the City's Objective Design Standards adopted by City Council (Ordinance 2022-02, and City Council Resolution 2022-08, if the development meets the definition of a multi -unit residential development.

2. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights -of -way.

3. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

4. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley.

5. The maximum unit size for any proposed development on an urban lot split shall be 1,200 square feet. Establishing a maximum unit size will promote the intent and purpose of the law (to increase the number of affordable housing units) since smaller homes are considered more affordable.

6. Dwellings proposed in accordance with SB 9 shall be limited to 16 feet of height and consist of no more than one story. It is presumed that single story dwellings will have fewer potential impacts to the existing views and have less construction costs resulting in more affordable housing.

7. Any duplex or other dwelling unit built per the provisions of SB 9 shall provide a 10-foot separation between other dwelling units on the same lot. (Note: this will promote usable open space areas, and reduce architectural mass and bulk).

8. If the project involves an urban lot split, one of the two parcels created shall include a deed restriction for one income restricted dwelling unit that shall be rented or leased at an affordable rent for very low, low or moderate -income households (as defined in Health and Safety Code Section 50053). This means that if there is urban lot split that results in four units (two on each lot), one of the four units will be subject to a deed restriction. The deed restriction shall remain in place for a period of not less than fifty-five years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of the deed restricted unit. Execution and recording of a covenant, supplied by the City and subject to approval by the City Attorney shall be required. This requirement is being recommended to ensure that the new units meet the intention of State law to increase the supply of affordable housing, and to help the City meet its assigned Regional Housing Need Assessment (RHNA) of 4,193 units to be accommodated during the next eight -year housing cycle from 2021-2029.

Subdivision/Urban Lot Snlit Provisions of SB 9
The following list identifies the major parameters pertaining to "urban lot splits" found in SB 9:
• Parcel Map. The City is required to ministerially approve an urban lot split through a parcel map for property that is located in a single family zone. • Parcel size. No more than two parcels can be created. The new parcels must be approximately equal in size, with one parcel being no smaller than 40 percent of the original parcel's size and each new parcel containing at least 1,200 square feet. • Further Subdivisions. A City can deny further subdivision of the new parcels or if the owner or someone is acting in concert with the owner has subdivided an adjacent parcel using an urban lot split.
• Objective Standards. The urban lot split must conform to all objective requirements of the subdivision map act unless exempted by SB 9. A City is not allowed to apply findings to an SB 9 tentative map or the parcel map.
• Public Improvements. The City cannot require dedications of right-of-way or offsite public improvements but can require utility easements and right-of-way access. • Use Restrictions. The City must restrict the newly created parcels to residential uses and require the owner to sign an affidavit committing to occupy one of the units as a principal residence for at least three years. These restrictions may be implemented through an ordinance applicable to urban lot splits or a requirement to record a restrictive covenant. • Preservation of Certain Type of Housing. The SB 9 urban lot split is not allowed if it would require the demolition or alteration of any of the following: (1) rent controlled units, (2) affordable units, (3) units occupied by tenants within the last three years, or (4) units removed from the rental market under the Ellis Act within the last 15 years. • Correction of Non -conforming Zoning. The City cannot require the correction of non- conforming zoning conditions as a condition of parcel map approval. • Housing Element Report. The City must report the number of applications for urban lot splits in its annual Housing Element report.

In addition to the above mandates of SB 9, it is recommended that the City adopt the following objective development standards (included in the attached Interim Urgency Ordinance) for urban lot splits to promote logical land development:

1. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.

2. The width of any lot resulting from an urban lot split shall not be less than 20 feet wide.

3. A proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity.

4. No lot resulting from an urban lot split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

It is important to note that SB 9 allows local Building Officials to deny a two -unit development project or urban lot split only by making a written finding, based on a preponderance of evidence, that the project would have a specific adverse impact on public health and safety or the physical environment, and that there is no feasible method to mitigate or avoid such an impact. A "specific adverse impact" must be significant, quantifiable, and direct, based on an objective written public health or safety standard that existed at the time of the project application was deemed complete.

Inconsistency with a City's General Plan or zoning ordinance does constitute a specific adverse impact. Staff will be reviewing these projects on a case by case basis to determine whether or not a specific adverse impact finding can be made.

URGENCY ORDINANCE:

Adoption of the attached Interim Urgency Ordinance means that the added protection developed by the City will be in place immediately and apply to any applications the City may receive for SB 9 projects for 45 days. State Urgency Ordinance provisions are structured so the during the 45- day period, further studies may be conducted to determine if additional standards or regulations are warranted. After 45 days, the City Council can extend the ordinance for another 320 days and another one-year extension of the ordinance is allowed after the 320-day extension. In summary, the City will have a total of up to two years to develop a permanent SB 9 ordinance.

ENVIRONMENTAL REVIEW:

The Interim Urgency Ordinance is exempted from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that it has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs 15061(b)(3)). Furthermore, this Interim Ordinance is exempt from CEQA pursuant to Government Code Section 65852.210).

FISCAL IMPACT:

Costs associated with the code amendment are covered by the General Fund.

ALTERNATIVES:

1. Recommended Action: That the City Council adopt, by at least a four -fifths vote, Interim Urgency Ordinance No. 2022-xx, establishing emergency regulations for SB 9 development projects.

2. Provide alternative direction to staff.

3. Council may elect not to adopt Interim Urgency Ordinance No. 2022-xx.

ATTACHMENTS:

1. Interim Urgency Ordinance 2022-xx

2. Senate Bill 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: January 10, 2023
SUBJECT: Issuance of a Public Report pursuant to Government Code Section 65858(d) regarding Interim Urgency Ordinance No. 2022-03 establishing regulations related to urban lot splits and housing units built in accordance with Senate Bill 9 (SB 9) PREPARED BY: Matt Peters, Principal Planner
RECOMMENDATION: That the City Council issue this report pursuant to Government Code Section 6585(d).

BACKGROUND: On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03 to impose a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9, that do not meet the regulations and standards set forth in the ordinance.

The Interim Urgency Ordinance would have expired after 45 days on April 8, 2022. However, extra time was necessary to thoroughly research and evaluate a permanent, non -urgency ordinance that updates/amends the Municipal Code establishing objective land use regulations and technical/design standards pertaining to SB 9 housing development projects and urban lot splits in the City. Government Code Section 65858(d) requires that "ten days prior to the expiration or extension of any interim zoning ordinance, the legislative body [City Council] must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance." On March 8, 2022, the City issued an Alleviation Report identifying measures taken to alleviate the conditions that led to the adoption of Interim Urgency Ordinance No. 2022-03.

On March 22, 2022, the City Council extended the Interim Urgency Ordinance for a period of 10 months and 15 days, through and including, February 22, 2023.

Government Code Section 65858 allows for two extensions of Interim Urgency Ordinance No. 2022-03 not to exceed 22 months and 15 days. Having already extended the Interim Urgency Ordinance for a period of 10 months and 15 days, Staff will be seeking up to an additional 12 months, through and including February 22, 2024, to research and prepare a permanent ordinance to address SB 9, Urban Lot Splits. In compliance with Government Code Section 65858(d), the City Council hereby issues this report for Interim Urgency Ordinance No. 2022-03.

Measures taken to alleviate the conditions that led to the adoption of Interim Urgency Ordinance No. 2022-03:

Since the Interim Urgency Ordinance was adopted, City Staff has continued its research on how best to implement SB 9 on a permanent basis in order to ensure that the City's varied and unique residential character is maintained while complying with the provisions of SB. City staff has begun identifying updates that will specifically address the housing development and design of structures and urban lot splits permitted by SB 9. While considering zoning and subdivision provisions, the City will be evaluating issues identified in the Interim Urgency Ordinance, including the following:
• Further research and analyze the standards adopted by other jurisdictions; • Assess the compatibility of proposed structures and subdivisions with existing neighborhoods;
• Determine an estimated number and location of new units resulting from implementation of SB 9;
• Identify the potential for applying objective development standards created to address the new construction of multiple -family dwellings; • Determine the adequacy of City infrastructure to provide services including but not limited to the following: water; gas, electrical and cable utilities; sanitation; trash disposal; school capacity; and police and fire services; and • Evaluate the affordability of housing units that are constructed as a result of SB 9 in Temecula.

On May 14, 2022, City Staff had a video conference with Staff from The California Department of Housing and Community Development (HCD). Participants from HCD included Brian Heaton and Mike Van Gorder from the Housing Accountability Unit. HCD Staff had questions about the Interim Urgency Ordinance and expressed concern that Section 3(C)(4), which requires one of the two parcels created to include a deed restriction for one income restricted dwelling unity that shall be rented or lease at an affordable rent for very low, low or moderate income households may be considered an Inclusionary Zoning Ordinance. No written comments have been received from HCD since that meeting.

Also, the City of Temecula is a member of the Western Riverside Council of Governments (WRCOG). Utilizing Regional Early Action Plan (REAP) grant funding, WRCOG hired a consultant to prepare a model ordinance for member agencies to utilize in drafting a permanent ordinance to address SB 9, Urban Lot Splits. In addition to the model ordinance, the consultant was also hired to prepare an SB 9 fact sheet and site plan scenarios. The consultant presented a summary of the draft model ordinance to the Planning Director's Committee (PDC) on December 8, 2022. Staff will be utilizing the draft model ordinance and discussing extensively with WRCOG and other City Planning Department Staff in the coming months.

At this time, a preliminary project schedule has been prepared that may include a study session

and/or public hearing with the Planning Commission and City Council. The further evaluation of potential unexpected increases in residential density will be essential to ensure the health, safety and welfare of the community as well as to ensure the efficient and adequate delivery of governmental services.

To ensure that regulations are in place while City staff drafts and the Planning Commission and City Council considers the adoption of a permanent ordinance, the Urgency Ordinance will need to be extended. This will serve to protect the City's unique residential character but also ensures the City's compliance with SB 9 as set forth in the statute.

FISCAL IMPACT: There is no fiscal impact associated with the issuance of this report.

ATTACHMENTS: None

1� STATE OF CALIFORNIA
,GAT,v, AUTHENTICATED
13 n ELECTRONIC LEGAL MATERIAL
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]

LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 Ch. 162 —2
months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state -mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 Ch. 162
This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state -mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

The people of the State of California do enact as follows:

SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
94 Ch. 162 — 4
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 5— Ch. 162
no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) "Local agency" means a city, county, or city and county, whether general law or chartered.
0) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
94 Ch. 162 — 6
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 7 — Ch. 162
2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights -of -way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the 94 Ch. 162 — 8
housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
0) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(� Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) "Objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 9 — Ch. 162
considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights -of -way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) "Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
94 Ch. 162 —10 —
(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
94 -11— Ch. 162
(f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162 —12 —
because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

CG7
94 Item No. 16

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 24, 2023
SUBJECT: Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets PREPARED BY: Anissa Sharp, Management Assistant
Nick Minicilli, Senior Traffic Engineer
RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled:
[9)t]13V/_V[4130 �a

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING SECTION 10.28.010(D) OF THE

TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE

SPEED LIMITS ON CERTAIN STREETS
SUMMARY OF ORDINANCE: The Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits on the following streets:

Name of Street
Portion Affected
Declared
Prima Facie
Speed Limit
Avenida Alvarado
Diaz Road to Via Industria
35 MPH
Avenida Barca
Del Rey Road to Margarita Road
30 MPH
Avenida De Missiones
Temecula Parkway to Via Rio Road Temecula
35 MPH
Butterfield Stage Road
Rancho California Road to Rancho Vista Road
55 MPH
Rancho Vista Road to Pauba Road
55 MPH
Pauba Road to De Portola Road
55 MPH
De Portola Road to Temecula Parkway
50 MPH
Temecula Parkway to Welton Way
45 MPH
Welton Way to Nighthawk Pass
45 MPH
Cabrillo Avenue
West Vallejo Avenue to Jedediah Smith Road
30 MPH
Calle Chapos
Calle Girasol to Walcott Lane
35 MPH
Walcott Lane to Butterfield Stage Road
35 MPH
Calle Girasol
Calle Chapos to Nicolas Road
40 MPH

Campanula Way
De Portola Road (W) to Camino Del Sol
30 MPH
Camino Del Sol to Meadows Parkway
30 MPH
Meadows Parkway to De Portola Road (E)
40 MPH
Chandler Drive
Suzi Lane to Murrieta Hot Springs Road
35 MPH
Crowne Hill Drive
Butterfield Stage Road to Royal Crest Place
40 MPH
Royal Crest Place to Pauba Road
40 MPH
Del Rio Road
Jefferson Avenue to Via Montezuma
35 MPH
Dendy Parkway
Diaz Road to Winchester Road
45 MPH
Diaz Road
Dendy Parkway to Winchester Road
50 MPH
Winchester Road to Rancho Way
45 MPH
Rancho Way to Rancho California Road
45 MPH
Felix Valdez Road
Vincent Mora a Road to Sixth Street
35 MPH
First Street
Old Town Front Street to Pujol Street
35 MPH
Jedediah Smith Road
Temecula Parkway to Ynez Road/De Portola Road
35 MPH
Ynez Road/De Portola Road to Margarita Road
40 MPH
Jefferson Avenue
North City Limits to Winchester Road
40 MPH
Winchester Road to Overland Drive
40 MPH
Overland Drive to Via Montezuma
40 MPH
Via Montezuma to Del Rio Road
40 MPH
Del Rio Road to Rancho California Road
40 MPH
Lakeview Road
Harveston Drive to Date Street
30 MPH
Leena Way
Meadows Parkway to Campanula Way
40 MPH
Montelegro Way to Meadows Parkway
40 MPH
McCabe Drive
Meadows Parkway to Amarita Way
40 MPH
Mira Loma Drive
Rancho Vista Road to Calle Violetta
25 MPH
Moraga Road
Margarita Road to Rancho California Road
40 MPH
Rancho California Road to Via Las Colinas
25 MPH
Nighthawk Pass
Vail Ranch Parkway to Butterfield Stage Road
45 MPH
Butterfield Stage Road to Chaote Road
35 MPH
Overland Trail
Redhawk Parkway to Vail Ranch Parkway
40 MPH
Peach Tree Street
Deer Hollow Way to Primrose Avenue
25 MPH
Pechanga Parkway
Temecula Parkway to Rainbow Canyon Road
40 MPH
Rainbow Canyon Road to Muirfield Drive
40 MPH
Muirfield Drive to Loma Linda Road
40 MPH
Loma Linda Road to Wolf Valley Road
40 MPH
Wolf Valley Road to Casino Drive South
40 MPH
Casino Drive South to South City Limits
40 MPH
Pechanga Road
Pechanga Parkway to East City Limits
35 MPH
Peppercorn Drive
Redhawk Parkway to Deer Hollow Way
40 MPH
Pio Pico
Amarita Way/Montelegro Way to Margarita Road
35 MPH
Margarita Road to De Portola Road
30 MPH
Primrose Avenue
Peach Tree Street to Pechanga Road
25 MPH
Pujol Street
First Street to South Terminus
25 MPH
Rancho Vista Road
Ynez Road to Margarita Road
50 MPH
Margarita Road to Meadows Parkway
50 MPH

Meadows Parkway to Butterfield Stage Road
50 MPH
Rancho Way
Business Park Drive to Diaz Road
35 MPH
Redhawk Parkway
Temecula Parkway to Via Rio Temecula
35 MPH
Via Rio Temecula to Overland Tr
45 MPH
Overland Tr to Vail Ranch Parkway
45 MPH
Remington Avenue
Diaz Road to Winchester Road
40 MPH
Rio Nedo
Diaz Road to Tierra Alta Way
40 MPH
Tierra Alta Way to Via Industria
40 MPH
Rori au h Road
Winchester Road to Nicolas Road
25 MPH
Royal Crest Place
Butterfield Stage Road to Crowne Hill Drive
35 MPH
Santiago Road
Old Town Front Street to Ynez Road
35 MPH
Ynez Road to East Terminus
35 MPH
Solana Way
Ynez Road to Margarita Road
40 MPH
Margarita Road to Via Norte
40 MPH
Via Norte to Del Rey Road
40 MPH
Sunny Meadows Drive
Campanula Way to Corbie Street
35 MPH
Corbie Street to Delta Way
35 MPH
Delta Way to Meadows Parkway
35 MPH
Suzi Lane
Sera hina Road to Chandler Drive
30 MPH
Tierra Vista Road
Ynez Road to Calle Reva
30 MPH
Via Las Colinas
Rancho California Road to Mora a Road
25 MPH
Via Montezuma
Jefferson Avenue to Del Rio Road
30 MPH
Via Rio Temecula
Avenida De Missiones to Country Glen Way
40 MPH
Country Glen Way to Redhawk Parkway
40 MPH
Village Road
Township Road to Harveston Way
25 MPH
Walcott Lane
La Serena Way to Calle Chapos
45 MPH
Wallaby Way
Wolf Valley Road to Seagull Way
30 MPH
Winchester Road
Dendy Parkway to Fuller Road
40 MPH
Fuller Road to Diaz Road
45 MPH
Diaz Road to Enterprise Circle
40 MPH
Enterprise Circle to Jefferson Avenue
40 MPH
Jefferson Avenue to Ynez Road
40 MPH
Ynez Road to Promenade Mall West
40 MPH
Promenade Mall West to Promenade Mall East
40 MPH
Promenade Mall East to Margarita Road
40 MPH
Margarita Road to Roripaugh Road
40 MPH
Rori au h Road to Nicolas Road
50 MPH
Nicolas Road to East City Limits
50 MPH
Wolf Creek Drive South
Wolf Valley Road to Pechan a Parkway
35 MPH
Ynez Road
Winchester Road to Overland Drive
45 MPH
Overland Drive to Solana Way
45 MPH
Solana Way to Rancho California Road
45 MPH
Rancho California Road to Rancho Vista Road
45 MPH
Rancho Vista Road to Pauba Road
45 MPH
Pauba Road to Santiago Road
45 MPH

Santiago Road to La Paz Street
45 MPH
La Paz Street to Jedediah Smith Road
45 MPH
Yukon Road
Rancho California Road to Margarita Road
35 MPH
Zevo Drive
Diaz Road to Winchester Road
45 MPH
BACKGROUND: The California Vehicle Code (CVC) requires local authorities to review, reaffirm or adjust speed limits within their jurisdiction every seven (7) years based on an Engineering and Traffic (E&T) Survey. The CVC also allows local authorities to extend an E&T Survey to fourteen (14) years, if a Registered Engineer determines that no significant changes in roadway or traffic conditions have occurred, including major changes to adjacent property or land use, roadway width or traffic volumes. The E&T survey provides the mechanism for the legal enforcement of the posted speed limit by use of radar or any other electronic speed -measuring device.

As defined in the California Vehicle Code, an engineering and traffic survey is "a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities." The survey shall include, but not be limited to, consideration of prevailing speeds as determined by traffic engineering measurements, accident statistics, and highway, traffic, and roadside conditions not readily apparent to the driver. These characteristics are all considered when determining a reasonable and prudent posted speed limit.

It should be noted that establishing a speed limit, which is not consistent with the 85th percentile speed, constitutes a "speed trap" and is not enforceable by use of radar or any other electronic speed -measuring device.

City staff reviewed seventy-four (74) street segments and determined that no significant changes in roadway or traffic conditions have occurred within the last seven (7) years and therefore a change to the existing posted speed limit is not required. The Director of Public Works/City Engineer has reaffirmed the existing speed limits and the previously approved E&T surveys can be extended up to a maximum of 14 years from the previously adopted date.

Willdan Engineering conducted an E&T Survey on eleven (11) roadways, which included thirty- three (33) segments, due to changed roadway conditions. The survey indicates that many existing speed limits do not require a change, and the recommended speed limits are consistent with the existing posted speed limits. There are, however, nine (9) segments where a decrease to the posted speed limit is being recommended. The segments are as follows:

Name of Street
Portion Affected
MPH Decrease
Pechanga Parkway
Rainbow Canyon Road to Muirfield Drive
45 MPH to 40 MPH
Muirfield Drive to Loma Linda Road
45 MPH to 40 MPH
Loma Linda Road to Wolf Valley Road
45 MPH to 40 MPH
Casino Drive South to South City Limits
45 MPH to 40 MPH
Peppercorn Drive
Redhawk Parkway to Deer Hollow Way
45 MPH to 40 MPH
Solana Way
Margarita Road to Via Norte
45 MPH to 40 MPH
Winchester Road
Dendy Parkway to Fuller Drive
50 MPH to 45 MPH
Fuller Road to Diaz Road
50 MPH to 45 MPH
Nicolas Road to East City Limits
55 MPH to 50 MPH

The recommended posted speed limits conform to the requirements of the California Vehicle Code and the Caltrans MUTCD for establishing prudent posted speed limits that are consistent with roadway conditions, prevailing speeds, and more importantly, enforceable.

At the meeting on July 28, 2022, the Public/Traffic Safety Commission considered the proposed reaffirmations of speed limits and approved (5-0) the staff recommendation that the City Council adopt an Ordinance establishing the speed limits identified in Attachment 2, Summary of Recommended Speed Limits.

At the meeting on October 27, 2022, the Public/Traffic Safety Commission considered the proposed speed limit changes and reaffirmations and approved (4-0) the staff recommendation that the City Council adopt an Ordinance establishing the speed limits identified in Attachment 2, Summary of Recommended Speed Limits.

FISCAL IMPACT: Adequate funds are available in the Public Works Signs Account No. 001.164.601.5244 and Public Works Striping and Stenciling Account No. 001.164.602.5410.

ATTACHMENTS: 1. Ordinance

2. Summary of Recommended Speed Limits

ORDINANCE NO.2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AMENDING SECTION 10.28.010(D) OF

THE TEMECULA MUNICIPAL CODE REGARDING

PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS

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

Section 1. Section 10.28.010(D) of the Temecula Municipal Code is hereby amended as follows to modify the described prima facie speed limits on the following streets:

Name of Street
Portion Affected
Declared
Prima Facie
Speed Limit
Avenida Alvarado
Diaz Road to Via Industria
35 MPH
Avenida Barca
Del Rey Road to Margarita Road
30 MPH
Avenida De Missiones
Temecula Parkway to Via Rio Road Temecula
35 MPH
Butterfield Stage Road
Rancho California Road to Rancho Vista Road
55 MPH
Rancho Vista Road to Pauba Road
55 MPH
Pauba Road to De Portola Road
55 MPH
De Portola Road to Temecula Parkway
50 MPH
Temecula Parkway to Welton Way
45 MPH
Welton Way to Nighthawk Pass
45 MPH
Cabrillo Avenue
West Vallejo Avenue to Jedediah Smith Road
30 MPH
Calle Chapos
Calle Girasol to Walcott Lane
35 MPH
Walcott Lane to Butterfield Stage Road
35 MPH
Calle Girasol
Calle Chapos to Nicolas Road
40 MPH
Campanula Way
De Portola Road (W) to Camino Del Sol
30 MPH
Camino Del Sol to Meadows Parkway
30 MPH
Meadows Parkway to De Portola Road (E)
40 MPH
Chandler Drive
Suzi Lane to Murrieta Hot Springs Road
35 MPH
Crowne Hill Drive
Butterfield Stage Road to Royal Crest Place
40 MPH
Royal Crest Place to Pauba Road
40 MPH
Del Rio Road
Jefferson Avenue to Via Montezuma
35 MPH
Dendy Parkway
Diaz Road to Winchester Road
45 MPH
Diaz Road
Dendy Parkway to Winchester Road
50 MPH
Winchester Road to Rancho Way
45 MPH
Rancho Way to Rancho California Road
45 MPH
Felix Valdez Road
Vincent Mora a Road to Sixth Street
35 MPH
First Street
Old Town Front Street to Pujol Street
35 MPH
Jedediah Smith Road
Temecula Parkway to Ynez Road/De Portola Road
35 MPH
Ynez Road/De Portola Road to Margarita Road
40 MPH
Jefferson Avenue
North City Limits to Winchester Road
40 MPH

Winchester Road to Overland Drive
40 MPH
Overland Drive to Via Montezuma
40 MPH
Via Montezuma to Del Rio Road
40 MPH
Del Rio Road to Rancho California Road
40 MPH
Lakeview Road
Harveston Drive to Date Street
30 MPH
Leena Way
Meadows Parkway to Campanula Way
40 MPH
Montele ro Way to Meadows Parkway
40 MPH
McCabe Drive
Meadows Parkway to Amarita Way
40 MPH
Mira Loma Drive
Rancho Vista Road to Calle Violetta
25 MPH
Moraga Road
Margarita Road to Rancho California Road
40 MPH
Rancho California Road to Via Las Colinas
25 MPH
Nighthawk Pass
Vail Ranch Parkway to Butterfield Stage Road
45 MPH
Butterfield Stage Road to Chaote Road
35 MPH
Overland Trail
Redhawk Parkway to Vail Ranch Parkway
40 MPH
Peach Tree Street
Deer Hollow Way to Primrose Avenue
25 MPH
Pechanga Parkway
Temecula Parkway to Rainbow Canyon Road
40 MPH
Rainbow Canyon Road to Muirfield Drive
40 MPH
Muirfield Drive to Loma Linda Road
40 MPH
Loma Linda Road to Wolf Valley Road
40 MPH
Wolf Valley Road to Casino Drive South
40 MPH
Casino Drive South to South City Limits
40 MPH
Pechanga Road
Pechanga Parkway to East City Limits
35 MPH
Peppercorn Drive
Redhawk Parkway to Deer Hollow Way
40 MPH
Pio Pico
Amarita Way/Montelegro Way to Margarita Road
35 MPH
Margarita Road to De Portola Road
30 MPH
Primrose Avenue
Peach Tree Street to Pechanga Road
25 MPH
Pu'ol Street
First Street to South Terminus
25 MPH
Rancho Vista Road
Ynez Road to Margarita Road
50 MPH
Margarita Road to Meadows Parkway
50 MPH
Meadows Parkway to Butterfield Stage Road
50 MPH
Rancho Way
Business Park Drive to Diaz Road
35 MPH
Redhawk Parkway
Temecula Parkway to Via Rio Temecula
35 MPH
Via Rio Temecula to Overland Tr
45 MPH
Overland Tr to Vail Ranch Parkway
45 MPH
Remington Avenue
Diaz Road to Winchester Road
40 MPH
Rio Nedo
Diaz Road to Tierra Alta Way
40 MPH
Tierra Alta Way to Via Industria
40 MPH
Roripaugh Road
Winchester Road to Nicolas Road
25 MPH
Royal Crest Place
Butterfield Stage Road to Crowne Hill Drive
35 MPH
Santiago Road
Old Town Front Street to Ynez Road
35 MPH
Ynez Road to East Terminus
35 MPH
Solana Way
Ynez Road to Margarita Road
40 MPH
Margarita Road to Via Norte
40 MPH
Via Norte to Del Rey Road
40 MPH
Sunny Meadows Drive
Campanula Way to Corbie Street
35 MPH

Corbie Street to Delta Way
35 MPH
Delta Way to Meadows Parkway
35 MPH
Suzi Lane
Seraphina Road to Chandler Drive
30 MPH
Tierra Vista Road
Ynez Road to Calle Reva
30 MPH
Via Las Colinas
Rancho California Road to Mora a Road
25 MPH
Via Montezuma
Jefferson Avenue to Del Rio Road
30 MPH
Via Rio Temecula
Avenida De Missiones to Country Glen Wa
40 MPH
Country Glen Way to Redhawk Parkway
40 MPH
Village Road
Township Road to Harveston Way
25 MPH
Walcott Lane
La Serena Way to Calle Cha os
45 MPH
Wallaby Way
Wolf Valley Road to Seagull Way
30 MPH
Winchester Road
Dendy Parkway to Fuller Road
40 MPH
Fuller Road to Diaz Road
45 MPH
Diaz Road to Enterprise Circle
40 MPH
Enterprise Circle to Jefferson Avenue
40 MPH
Jefferson Avenue to Ynez Road
40 MPH
Ynez Road to Promenade Mall West
40 MPH
Promenade Mall West to Promenade Mall East
40 MPH
Promenade Mall East to Margarita Road
40 MPH
Margarita Road to Roripaugh Road
40 MPH
Rori au h Road to Nicolas Road
50 MPH
Nicolas Road to East City Limits
50 MPH
Wolf Creek Drive South
Wolf Valley Road to Pechanga Parkway
35 MPH
Ynez Road
Winchester Road to Overland Drive
45 MPH
Overland Drive to Solana Way
45 MPH
Solana Way to Rancho California Road
45 MPH
Rancho California Road to Rancho Vista Road
45 MPH
Rancho Vista Road to Pauba Road
45 MPH
Pauba Road to Santiago Road
45 MPH
Santiago Road to La Paz Street
45 MPH
La Paz Street to Jedediah Smith Road
45 MPH
Yukon Road
Rancho California Road to Margarita Road
35 MPH
Zevo Drive
Diaz Road to Winchester Road
45 MPH
Section 2. Severability. The Temecula City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2023.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of January, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Summary of Recommended Speed Limits
Name of Street
Portion Affected
Declared
Prima Facie
Speed Limit
Avenida Alvarado
Diaz Road to Via Industria
35 MPH
Avenida Barca
Del Rey Road to Margarita Road
30 MPH
Avenida De Missiones
Temecula Parkway to Via Rio Road Temecula
35 MPH
Butterfield Stage Road
Rancho California Road to Rancho Vista Road
55 MPH
Rancho Vista Road to Pauba Road
55 MPH
Pauba Road to De Portola Road
55 MPH
De Portola Road to Temecula Parkway
50 MPH
Temecula Parkway to Welton Way
45 MPH
Welton Way to Nighthawk Pass
45 MPH
Cabrillo Avenue
West Vallejo Avenue to Jedediah Smith Road
30 MPH
Calle Chapos
Calle Girasol to Walcott Lane
35 MPH
Walcott Lane to Butterfield Stage Road
35 MPH
Calle Girasol
Calle Cha os to Nicolas Road
40 MPH
Campanula Way
De Portola Road W to Camino Del Sol
30 MPH
Camino Del Sol to Meadows Parkway
30 MPH
Meadows Parkway to De Portola Road E
40 MPH
Chandler Drive
Suzi Lane to Murrieta Hot Springs Road
35 MPH
Crowne Hill Drive
Butterfield Stage Road to Royal Crest Place
40 MPH
Royal Crest Place to Pauba Road
40 MPH
Del Rio Road
Jefferson Avenue to Via Montezuma
35 MPH
Dendy Parkway
Diaz Road to Winchester Road
45 MPH
Diaz Road
Dendy Parkway to Winchester Road
50 MPH
Winchester Road to Rancho Way
45 MPH
Rancho Way to Rancho California Road
45 MPH
Felix Valdez Road
Vincent Mora a Road to Sixth Street
35 MPH
First Street
Old Town Front Street to Pu'ol Street
35 MPH
Jedediah Smith Road
Temecula Parkway to Ynez Road/De Portola Road
35 MPH
Ynez Road/De Portola Road to Margarita Road
40 MPH
Jefferson Avenue
North City Limits to Winchester Road
40 MPH
Winchester Road to Overland Drive
40 MPH
Overland Drive to Via Montezuma
40 MPH
Via Montezuma to Del Rio Road
40 MPH
Del Rio Road to Rancho California Road
40 MPH
Lakeview Road
Harveston Drive to Date Street
30 MPH
Leena Way
Meadows Parkway to Campanula Way
40 MPH
Montele ro Way to Meadows Parkway
40 MPH
McCabe Drive
Meadows Parkway to Amarita Way
40 MPH
Mira Loma Drive
Rancho Vista Road to Calle Violetta
25 MPH
Moraga Road
Margarita Road to Rancho California Road
40 MPH
Rancho California Road to Via Las Colinas
25 MPH
Nighthawk Pass
Vail Ranch Parkway to Butterfield Stage Road
45 MPH
Butterfield Stage Road to Chaote Road
35 MPH
Overland Trail
Redhawk Parkway to Vail Ranch Parkway
40 MPH
Peach Tree Street
Deer Hollow Way to Primrose Avenue
25 MPH
Pechan a Parkway
Temecula Parkway to Rainbow Canyon Road
40 MPH

Rainbow Canyon Road to Muirfield Drive
40 MPH
Muirfield Drive to Loma Linda Road
40 MPH
Loma Linda Road to Wolf Valley Road
40 MPH
Wolf Valley Road to Casino Drive South
40 MPH
Casino Drive South to South City Limits
40 MPH
Pechan a Road
Pechan a Parkway to East City Limits
35 MPH
Peppercorn Drive
Redhawk Parkway to Deer Hollow Way
40 MPH
Pio Pico
Amarita Wa /Montele ro Wayto Margarita Road
35 MPH
Margarita Road to De Portola Road
30 MPH
Primrose Avenue
Peach Tree Street to Pechan a Road
25 MPH
Pu'ol Street
First Street to South Terminus
25 MPH
Rancho Vista Road
Ynez Road to Margarita Road
50 MPH
Margarita Road to Meadows Parkway
50 MPH
Meadows Parkway to Butterfield Stage Road
50 MPH
Rancho Way
Business Park Drive to Diaz Road
35 MPH
Redhawk Parkway
Temecula Parkway to Via Rio Temecula
35 MPH
Via Rio Temecula to Overland Tr
45 MPH
Overland Tr to Vail Ranch Parkway
45 MPH
Remington Avenue
Diaz Road to Winchester Road
40 MPH
Rio Nedo
Diaz Road to Tierra Alta Way
40 MPH
Tierra Alta Way to Via Industria
40 MPH
Rori au h Road
Winchester Road to Nicolas Road
25 MPH
Royal Crest Place
Butterfield Stage Road to Crowne Hill Drive
35 MPH
Santiago Road
Old Town Front Street to Ynez Road
35 MPH
Ynez Road to East Terminus
35 MPH
Solana Way
Ynez Road to Margarita Road
40 MPH
Margarita Road to Via Norte
40 MPH
Via Norte to Del Rey Road
40 MPH
Sunny Meadows Drive
Campanula Way to Corbie Street
35 MPH
Corbie Street to Delta Way
35 MPH
Delta Way to Meadows Parkway
35 MPH
Suzi Lane
Sera hina Road to Chandler Drive
30 MPH
Tierra Vista Road
Ynez Road to Calle Reva
30 MPH
Via Las Colinas
Rancho California Road to Mora a Road
25 MPH
Via Montezuma
Jefferson Avenue to Del Rio Road
30 MPH
Via Rio Temecula
Avenida De Missiones to Country Glen Way
40 MPH
Country Glen Way to Redhawk Parkway
40 MPH
Village Road
Township Road to Harveston Way
25 MPH
Walcott Lane
La Serena Way to Calle Cha os
45 MPH
Wallaby Way
Wolf Valley Road to Seagull Way
30 MPH
Winchester Road
Dendy Parkway to Fuller Road
40 MPH
Fuller Road to Diaz Road
45 MPH
Diaz Road to Ente rise Circle
40 MPH
Enterprise Circle to Jefferson Avenue
40 MPH
Jefferson Avenue to Ynez Road
40 MPH
Ynez Road to Promenade Mall West
40 MPH
Promenade Mall West to Promenade Mall East
40 MPH
Promenade Mall East to Margarita Road
40 MPH
Mar arita Road to Rori au h Road
40 MPH
Rori au h Road to Nicolas Road
50 MPH

Nicolas Road to East City Limits
50 MPH
Wolf Creek Drive South
Wolf Valley Road to Pechan a Parkway
35 MPH
Ynez Road
Winchester Road to Overland Drive
45 MPH
Overland Drive to Solana Way
45 MPH
Solana Way to Rancho California Road
45 MPH
Rancho California Road to Rancho Vista Road
45 MPH
Rancho Vista Road to Pauba Road
45 MPH
Pauba Road to Santiago Road
45 MPH
Santiago Road to La Paz Street
45 MPH
La Paz Street to Jedediah Smith Road
45 MPH
Yukon Road
Rancho California Road to Margarita Road
35 MPH
Zevo Drive
Diaz Road to Winchester Road
45 MPH

Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: January 24, 2023
SUBJECT: Community Development Department Monthly Report RECOMMENDATION: That the City Council receive and file the Community Development Department monthly report.

The following are the highlights for Community Development for the months of November and December 2022.

CURRENT PLANNING ACTIVITIES
Planning processed seventy-five (75) new applications (not including Home Occupations) and conducted six (6) Public Hearings in November and December 2022. A detailed account of planning activities is attached to this report.

Nam g Statistics
November
022
December
.2022
Long Range Projects
4 ?
Accessory Dwelling Unit
1 1
Bingo
1 0
Conditional Use. Permit
De�-elopment Plan
0 1
Historical Appropriateness
Maps
0 1
-Massage Permits
Modifications
10 10
Pre-App
Temporary Use Permit
2 2
Wireless. Anrtes�na
Zoning or Planning Letter
1 2
Total
Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of Temecula Parkway and Butterfield Stage Road. (COOPER)

Firenze (PA21-1023): The City is processing a Development Plan application for an approximately 498,557 square foot hotel and apartment project. The approximately 148,545 square foot, five story, 224 room hotel includes a conference center, restaurant, wine market multi -tenant space, and outdoor courtyard dining space. The approximately 350,012 square foot, seven story, 121-unit apartment building include a roof top area that contains a pool/spa, cabanas, fire pit, media wall, kitchen, fitness area, and lawn/game area. The parking for the project is located on the interior of the apartment building that is wrapped with the residential units. The project is located approximately 665 feet north of Rancho California Road on the east side of Jefferson Avenue. The Notice of Intent to approve this project has been circulated for public review until January 12, 2023. (COOPER)
Temecula Valley Hospital Master Plan Update (PA21-1525): The City is processing a Modification to the previously approved Temecula Valley Hospital Master Plan. The updated Master Plan, at buildout will include the existing 237,305 square foot hospital building and 5,180 square foot storage building along with an approximately 130,000 square foot, four story Behavioral Health Building in Phase 2, an approximately 10,000 square foot expansion to the emergency department, a 125,000 square foot, five story second hospital tower, a 80,000 square foot medical office buildings, and a 14,000 square foot utility plant in Phase 3, and an approximately 125,000 square foot, five story third hospital tower, a 80,000 square three story foot medical office building, and a four story parking structure with the existing helipad relocated to the roof of the structure in Phase 4. The project is located at 31700 Temecula Parkway. A public scoping meeting for the Subsequent Environmental Impact Report (SEIR) was held on March 23, 2022, at the Ronald H. Roberts Temecula Public Library. The public review period for the SEIR has ended. The consultant has begun work on the Final SEIR. (COOPER)
Temecula Resort and Spa (PAs 22-0035, 22-0037): The City is processing a Development Plan and Tentative Parcel Map for an approximately 474,137 square foot, seven (7) story, 90-foot high full service hotel that includes a parking garage, conference facilities/ballrooms, gallery/event space, full service spa, restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and a wedding garden located on the east side of Front Street between First Street and Second Street. The project was presented to the Old Town Steering Subcommittee on July 26, 2022 and September 27, 2022 and the Old Town Temecula Planning Commission on October 19, 2022. (COOPER)
Seraphina Tentative Tract Map No. 38267 (PA22-0830): The City is processing a Tentative Tract Map (TTM 38267) for the creation of 39 single family lots and two (2) open space lots on 12.77 acres located on the southwest corner of Joseph Road and Rita Way (APN: 957-080-027). (COOPER) Boutique Luxury Hotel (PAs 22-0929, 0930, 0931): The City is processing a Development Plan for an approximately 54,699 square foot, four-story, 45 room hotel that includes retail spaces, a gym, meeting space, and a rooftop restaurant and pool area. The project is located on the west side of Old Town Front Street approximately 400' south of Santiago Road adjacent to the U-Haul dealership. The application package also includes requests for a Minor Exception for the height of the building to accommodate architectural tower elements and a Variance to allow for parking within the setback due to the narrow width of the project site. (COOPER)
Parker Medical Center II (PA22-0987): The City is processing a Development Plan for an approximately 35,601 square -foot, three story, medical office building located on the west side of Avenida De Missiones approximately 425 feet south of Temecula Parkway. (COOPER)

Rally's (PA22-1012): The City is processing a Modification to a previously approved Development Plan (PA15-1572) for an approximately 998 square foot drive thru restaurant located on the southwest corner of Temecula Parkway and Mahlon Vail Road. (COOPER)
Apollo Storage (PA22-0999): The City is processing a Development Plan for an approximately 113,295 square foot, four story, self -storage facility located on the east side of Madison Ave. approximately 110 feet south of McCabe Ct. within the Uptown Temecula Specific Plan. (COOPER) MS Mtn View Phase VI (PAs 22-1034, 1035): The City is processing Development Plans for two (2) proposed industrial buildings approximately 17,100 square feet and 20,825 square feet in size located at 27550 and 27562 Via Industria. The projects have been scheduled for Planning Commission on February 1, 2023. (COOPER)
Rally's Burgers (PA22-1012): The City is processing a Modification to a previously approved Development Plan (PA15-1572) for an approximately 998 square foot drive thru restaurant located on the southwest corner of Temecula Parkway and Mahlon Vail Road. (COOPER) Paradise Chevrolet (PAs 22-1124, 1125): The City is processing a Development Plan and Conditional Use Permit for an approximately 47,727 square foot, two story structure that includes rooftop parking for a commercial and fleet truck dealership that includes maintenance and repair services for Paradise Chevrolet.

The project is located on an undeveloped site at 42105 DLR Drive. (COOPER)

LONG RANGE PLANNING
General Plan Update: The Long Range Planning Division has developed a four -phase, multi -year process to update the General Plan. Phase I is complete and included updates to Housing and Public Safety Elements.

Phase I also included an update to the City's Traffic Impact Analysis (TIA) Guidelines to analyze Vehicle Miles Travelled (VMT) for the California Environmental Quality Act (CEQA). Phase II is in process and includes an update to the Quality of Life Master Plan (QLMP), reconciling the City's GIS Maps on a parcel by parcel basis, a baseline EIR analysis of the City's Circulation Element, and developing a Complete Streets Policy document. Phase III will include a Fiscal Land Use Study to analyze the City's remaining development capacity and market absorption potential for residential, commercial, and industrial development. The final phase is to work with a General Plan Advisory Committee to update to the General Plan and EIR over an 18 to 24-month timeframe. (PETERS) Quality of Life Master Plan Update: On April 27, 2021, the City Council established a Blue Ribbon Committee (BRC) to update the Quality of Life Master Plan (QLMP). The QLMP identifies the City's six core values, including: 1) Healthy and Livable City; 2) Economic Prosperity; 3) Safe and Prepared Community; 4) Sustainable City; 5) Transportation Mobility and Connectivity; and 6) Accountable and Responsive City Government. Projects and programs proposed in the City's Annual Operating Budget and Capital Improvements Program must be consistent with the City's Core Values. Performance measures (indicators) are measured annually to track progress and the completion of goals and objectives. The last BRC meeting was held on July 21, 2022. The Preliminary Draft document was presented to all of the

Commissions in October and November. The Final Draft QLMP was approved by the City Council on November 15, 2022. The QLMP will serve as the foundation for the General plan update. (PETERS) QLMP Website for Measuring Progress (Dashboard): As part of the Quality of Life Master Plan Update, Planning staff is working with a consultant, MIG, and the IT Department to develop a webpage for the QLMP. The intent of the webpage is to provide a "dashboard" to display the city's progress toward achieving the goals and policies identified in the QLMP. The webpage will be found on the city's main website (TemeculaCa.gov) and will incorporate links and useful indicators intended for user-friendly navigation.

MIG is currently creating a mock-up using CivicPlus, the city's website platform, to present to city staff. (GARCIA)
Permit Ready ADU Program (LR19-1464): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare, adopt, and implement a Permit Ready Accessory Dwelling Unit (ADU) program. The ADU program will encourage the construction of ADUs, offering property owners a selection of pre -approved ADU building plans that can be obtained at the Community Development Department, free of charge. On September 16, 2020, the RFP closed on PlanetBids. The City received three detailed proposals from qualified consultants. After detailed review of all the proposals, staff selected checkerboardSTUDIOS Consultant Firm. On March 18, 2021, staff kicked off the project with the Consultant and staff from Planning, Building & Safety, Public Works, and Fire. This will be a joined effort between the internal departments and the consultant. Staff is working with the consultant on the first task (Phase 1: Schematic Design), staff has provided feedback of the Schematic Design taking into consideration the School District and Development Impact Fee (DIF) fees, and appropriate unit type and size. On, October 19, 2021, staff presented at the draft site plan and architecture designs to the Southern Riverside County Association of Realtors (SRCAR). On November 30, 2021, staff held an Open House to solicit feedback from the professional community (i.e., Engineers, Contractors, Architects, etc.), the meeting will be open to the public. Staff is currently reviewing the construction drawings. Plans will be going back into review to update the plans to account for the 2022 Building Code. (RABIDOU)
Uptown Temecula Specific Plan Amendment (LR19-1458): An amendment to the Uptown Specific Plan to implement the following changes: modify graphics to reflect consistency with text regarding allowable frontage types, amend street cross sections (graphics), amend plant pallet and Silva cell requirements for street trees, implement a street naming convention, amend streetlight spacing and other typographical errors.

Staff has reached out to Spurlock Consulting for assistance in updating the Sidewalk and Streetscape Standards and is awaiting a scope of work and timeline. Public Works is drafting new street sections for the Specific Plan. Spurlock Consulting has provided a scope of work for the proposed changes to the streetscape and sidewalk standards and staff is working on a services agreement. (COLLINS) Transportation Discovery and Existing Conditions Analysis (LR20-1071): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare an internal document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan Update process and timeline. The City has hired Fehr & Peers (F&P) to document existing transportation conditions in the City, provide benchmarking information on how transportation facilities, transportation use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of the current Circulation Element has been implemented. Staff worked with F&P to identify methodology, thresholds, and mitigation to address VMT for the California Environmental Quality Act evaluation, which the City Council adopted in May 2020. On July 19, 2021, Staff has a scheduled internal meeting with Fehr

& Peers, they present to staff the Data Collection Status. Currently, the consultant is developing the three scenario runs to be reviewed by staff prior to conducting a full model run. (PETERS) Old Town Parklets (LR22-1112): The previous Old Town Outdoor Dining Program was a project intended to make the Temporary Expanded Dining/Retail Program (TED) permanent that was sparked by the COVID- 19 pandemic restrictions. However, due to the potential barriers that came to light such as loss of parking, ADA requirements, outside agency fees and more, the decision was made by City Council and staff to end the outdoor dining program when the license agreements expired on July 1, 2022. With that, other outdoor dining amenities were explored for Old Town which led to the Old Town Parklet Project. Parklets are the conversion of parking spaces on urban streets into a small public `park' or enclosed seating area. The intent of the Parklet Project is to provide an additional amenity to the community and promote an increase in pedestrian activity and convenience. Staff is working with a consultant, P1aceWorks, to design and implement the Old Town Parklets. Locations and design themes will be determined throughout the process.

PlaceWorks is currently working on a scope to amend the current contract that was previously executed for the Old Town Outdoor Dining Program. This will also include a reduction in the agreement amount and term extension. The project kick-off meeting with city staff is anticipated to be scheduled in February 2023. (GARCIA)
Mobile Food Trucks (LR20-1472): On February 23, 2021, staff presented to the Economic Development Subcommittee members (ME/JS) on Mobile Food Trucks (MFT). This was a noticed meeting with one public comment in favor of MFT, read by Stuart Fisk. The intent of the meeting was to get the subcommittee's feedback on the potential for MFT to operate in the City. Staff presented the definition of MFTs, existing regulations, standards of operation to consider, and Pros & Cons list. The subcommittee advised staff to create a framework and come back to the committee for discussion. Staff is working on developing the framework. Staff took the draft to Community Development Brainstorming Meeting on May 4, 2022, for review. Revisions necessary. Staff has shelved the Ordinance for the time being in an effort to have a smaller test of food truck operations within the City by allowing food trucks to operate at alcoholic beverage manufacturer (Breweries, wineries, etc.) exclusively serving their customers entirely on private property and under the requirements of Riverside County Ord. No. 580. These changes are a part of the annual Title 17 update which is scheduled for Planning Commission on November 16, 2022. (COLLINS) Shopping Cart Ordinance (LR21-0909): An ordinance to modify Title 9 Public Peace, Morals and Welfare of the Temecula Municipal Code to regulate shopping carts. Shopping carts continue to be left throughout the City, costing taxpayers and businesses money to retrieve, repair or replace these carts. The ordinance proposes mandatory physical measures for all retailers with shopping carts, exemptions provided for, exemptions are invalid for retailers whose carts are found more than 3 times in a 12-month period. Staff presented the draft ordinance to the City Council Public Safety Subcommittee on January 18, 2022 (Rahn, Edwards), direction to staff was to conduct more outreach to businesses, chamber of commerce as well as to present the ordinance to the Planning Commission Commercial Center Subcommittee. Staff hand delivered 82 letters to all businesses within the City, presented the draft ordinance to the Temecula Valley Chamber of Commerce on January 11, 2022, and presented to Planning Commission Commercial Center Subcommittee on February 16, 2022 (Turley-Trejo, Watts). Commissioners were supportive of the ordinance, recommended the framing be as a responsibility and not assign blame. Staff was requested to present again to the Subcommittee's to show outreach efforts and report feedback. The Shopping Cart Ordinance was passed, staff again hand delivered an outreach packet to all businesses who provide shopping carts which contained the Ordinance itself and a letter explaining the requirements of the Ordinance, time frame, etc. and contact information for any questions or concerns. (COLLINS)

Temecula Creek Wildfire Risk Reduction Community Plan (LR21-1331): Temecula applied for and was awarded a $300,000 grant to develop Temecula's first Community Wildfire Protection Plan (CWPP).

The grant has a $78,000 match (staff time), the remainder is to onboard a consultant to draft the plan. RFP has closed and SWCA Environmental was selected as the winning candidate. The contract is scheduled for the January loth City Council Meeting and a kickoff is scheduled for January 19 in the conference center. (COLLINS)
Municipal Code Update (LR22-0182): An update to the Temecula Municipal Code Title 5 and 17. Updates to Title 5 are limited to clarification for exemptions to the requirements of Chapter 5.22 Massage Establishments specific to chair massage and specifies limits to existing exemptions. Updates to Title 17 include changes to the separate conveyance of Accessory Dwelling Units 1AW AB 345. Additionally, ADU's would require all equipment (including window AC units) to be screened from the R-O-W and update the definition of guest house and secondary dwelling unit. Update PDO-4 & PDO-10 to require restaurants that provide live entertainment comply with Chapter 9.10 Live entertainment License. Item was recommended for approval by the planning commission on November 9, 2022. Staff has scheduled a meeting with the General Plan Update Subcommittee and the City Council on February 14, 2023. (COLLINS) WRCOG REAP Agreement (LR22-0664): An agreement between WRCOG and the City to provide consultation services to provide analysis of required municipal code updates as they relate to the new slate of housing laws, such as SB-9, ADU Laws, etc. Additionally, would evaluate changes to the municipal code required after the adoption of the 61h Cycle Housing Element. The cost is included as a benefit to member agencies of WRCOG. WSP is the consultant selected by WRCOG to assist the city review its Municipal Code in relation to the new housing bills passed. Staff has bi-weekly meetings with the consultant to address the changes and will discuss proposed changes at a future date in consultation with the City Attorney's Office. Staff has received the draft analysis and will be reaching out for policy direction. (COLLINS) Old Town Parking Management White Paper (LR22-0857): The project will allow for the creation of a white paper discussing various technology solutions designed to track and report on parking in Old Town in real time. The project encompasses the entire Old Town Specific Plan area. Staff has retained Fehr & Peers to create the document. (JONES)

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

The applicant has submitted Building Permits and Grading Permits. CHW was awarded tax credits in June 2021. The project is under construction. (RABIDOU, WATSON) Vine Creek Disposition and Development Agreement (DDA): City Council approved the DDA with Temecula Pacific Associates on June 25, 2019, for the development of 60 affordable units on City -owned property on Pujol Street. The developer is looking to secure financing from the State of California prior to construction. The City and developer will collaborate with the County of Riverside and the State Department

of Housing and Community Development for additional funding opportunities through the Permanent Local Housing Allocation grant. The project has received state tax credits as of June 2022. The applicant is moving forward with the project based on this additional funding. (WATSON) Housing Element Update (LR18-1620): The City is working with De Novo Planning Group to update the 2021-29 Housing Element. De Novo will also assist with the Regional Housing Needs Assessment (RHNA) process, community engagement, and California Environmental Quality Act. The current Housing Element was certified by the Department of Housing and Community Development (HCD) in 2013 and serves as the foundation for the update. The Housing Element is a required part of the City's General Plan and is a blueprint for meeting the housing needs of residents, at all economic levels, and addressing segments of the population with special needs. The City Council General Plan Ad Hoc Subcommittee, consisting of Council Member Edwards and Mayor Rahn, and the Planning Commission General Plan Ad Hoc Subcommittee, consisting of Commissioners Watts and Turley-Trejo, will serve as advisory bodies.

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

The Final RHNA allocation was issued in September 2020. Staff is working with the consultant to update data and write draft chapters. A Housing Workshop was held on August 17, 2021, with approximately 12 attendees. The item was recommended for adoption by the Planning Commission at the September 15, 2021, Planning Commission meeting. The Riverside County Airport Land Use Commission (ALUC) and California Board of Forestry and Fire Protection have signed -off on the Housing Element. The item was approved by the City Council on October 12, 2021. The City Council adopted the revised Housing Element on February 8, 2022. Staff has submitted a formal set of changes to HCD as of October 10, 2022. (RABIDOU)

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

Building &Safety Statistics
October
2022
Permits
40'
Nmv Single Family Units
12 New Commercial Building
4;
Photovoltaic
153
Tenant Improvement
11 Non Constriction C of 0
43 Number ofAetiv.ePlan Checks
120
Number of New Plan Checks
73 Number of Fimaled Permits
286
Inspections JL
2641
hispections Per Dav
120.05
Inspections Per Person Per Day

30.01 Stops Per Month
936
Visitors to Counter
815
New Construction Projects Currently in Plan Check
❑ Curio Hotel - New Hotel (72,486 SF, 4 story hotel w/ basement parking garage) ❑ Mountain View Industrial Buildings — Bldg 10, 11, 14, 18 & 19 - New Industrial Buildings (78, 0028 SF total)
❑ Las Haciendas Apartments - Two (2) New Multi -Family Affordable Housing Apartment Buildings (77 units + I Rec Bldg)
❑ Vail Ranch Town Center - New Retail Building (6,100 SF total) ❑ Rancho Community Reformed Church School Building - New Private School Building (11,405 SF Elementary School Building w/ 10 classrooms)
❑ Shell Building for Dental Office use - New Shell Office Building (7,071 SF) ❑ Solana Winchester Hills - Eight (8) New Multi -Family Attached Homes (349 units + I rec Bldg) ❑ Jefferson Buecking Apartments - Six (6) New Multi -Family Apartment Buildings (260 units total, I leasing office w/ clubhouse building and I fitness center w/ mailroom building) ❑ Rendezvous II Apartments - Seven (7) New Multi -Family Apartment Buildings (134 units total) ❑ EverHome Suites - New Hotel (65,567 SF, 4 story hotel) ❑ Vine Creek Apartments - Two (2) New Multi -Family Affordable Housing Apt. Buildings (60 units total)
❑ Temecula Express Carwash - New Carwash Building (6,240 SF w/ tunnel) ❑ Longhorn Steakhouse — New 5,710 sf restaurant
❑ Margarita Rec Bldg — New 8,161 sf Rec Bldg and swimming pool (City Project) Non -Construction Certificate of Occupancy
❑ Nash Dental Lab (4,700 SF)

❑ Jacked Up Fitness (17,329 SF)
Tenant Improvement
❑ Adriana's Cocina (1,466 SF)
❑ Temecula Community Rec Center Remodel (3,650 SF)
❑ Benihana Restaurant (8,202 SF)

CODE ENFORCEMENT
During the month November and December, Code Enforcement responded to 108 web inquiries. In addition, the division opened 259 code cases, conducted 438 regular inspections, and forwarded 34 referrals.

Code Enfaroement Statistics
November
December
Abandoned or Inoperable Vehicle
2 1
qV5
Vacant Homer Prop. Maintenance'Infestation Mold
3 Bumiess or Bore occupation IV. 0 license. CUP
17 23
Trash and Debris! Dumping
27 24
Overgrown Vegetation . Weeds. Fire Hazard
3 4
Green Pool:: Vector Control i Stagnant Water
Graffiti
5 13
Noiser'Nuisance'Animal Control
8 Trailer. RI'Stored. Boat. Parking
14 9
Construction wro Permit;Building Code
4 S
Encroach Public POW. Trash Cans
32 S
Zoningr'Signs
14 11
Public Safety- & Health
4 d
Total Number of Cases
Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties.

Foreclosure Statistics
November 2422
December 2422
Residnnial - Default
36 38
Residential - Foreclosure dk
23 24
Residemial - REa
11 14
Total - Residential
70 76
Commercial - Default
U
Commercial - Foreclosure
4 1
Commercial - REo
Q
Total - Commercial
0 1
ATTACHMENT: Current Planning Activity Report

PLANNING ACTIVITY REPORT
Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant Company Owner Plan Type Status
PA22-1048 27165 Madison Ave 910-272-022 Scott Cooper 11/01/2022 11/09/2022 Philip Powers Temecula Philip Powers PL Modifications Approved Temecula, CA 92590
Extended Stay,
LLC
Case Title / Description: Everhome Suites MOD: A Modification (Planning Review Only) to a previously approved Development Plan (PA21-1350) for the addition of three (3) hotel rooms without adding square footage to the project located at 27165 Madison Avenue.

PA22-1049 27645Jefferson Ave , 104B 921-480-058 Yannin Marquez 11/01/2022 12/05/2022 Dejun Shen Stan Robbins PL Massage Approved
Temecula, CA 92590
Permits
Case Title / Description: Lavendar Massage MEP: A new massage establishment permit (change of ownership) for Lavendar Massage at 27645 Jefferson Avenue, Suite 104B.

PA22-1050 41920 6Th St 922-024-027 Eric Jones 11/02/2022 Lance Richmond KENNETH PL Modifications Plan Review
Temecula, CA 92590
SMITH
Case Title / Description: Old Town Deli Minor MOD (Planning Review Only): A Modification application (Planning Review Only) to allow an existing restaurant to install an alley accessed roll -up door and decorative front fence. The project is located at 41920 6th Street.

PA22-1051 26463 Ynez Rd 910-300-014 Yannin Marquez 11/02/2022 11/07/2022 RAYMOND B Kimco PL Modifications Approved
Temecula, CA 92591

ROBERTSON
Case Title / Description: Tristone Temeku Cinema Minor MOD: A Minor Modification (Planning Review Only) to update the base near the entry of the building to a wood -like porcelain tile at 26463 Ynez Road.

PA22-1052 28210 Jefferson Ave 921-060-058 Eric Jones 11/07/2022 Anthony Yang Tony Lee PL Modifications Hearing
Temecula, CA 92590
Case Title / Description: Hilton Garden Inn Minor MOD to existing Conditional Use Permit: A Minor Modification to allow an existing hotel to revise their alcohol license from a Type 70 to a Type 47. The project is located at 28210 Jefferson Avenue.

PA22-1053 39540 Winchester Rd 920-100-040 Yannin Marquez 11/07/2022 Melissa Beeler LIPT PL Modifications Plan Review Temecula, CA 92591 WINCHESTER

ROAD INC
Case Title / Description: Archibald's Drive-Thru Restaurant MOD: A Minor Modification Application to modify the exterior of the building to include a new door on east elevation, new parapet for future screening of equipment and one new drive-thru window on the south elevation. Addition of a solid trellis on existing trash enclosure at 39540 Winchester Road.