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Temecula City Council
February 14, 2023

Document
Agenda
Meeting
February 14, 2023
Body
Temecula City Council
Pages
16
Original file
1.6 MB
Text extracted from the city's file for reading and search. Open the original on laserfiche.temeculaca.gov. That file is the official record.

ATTACHMENT B-1
Depiction of Temporary Construction Easement

EXHIBIT "B"

TEMPORARY CONSTRUCTION EASEMENT
APN: 957-150-005

GARCIA PROPERTY
516
PoC

LPS RAP
N�oolj
60 \

DATA TABLE
�0

BEARING/DELTA
LENGTH
1 N24°01'26"W

55.00'
2 N65058'34"E

20.07'
3 N24°01'26"W

39.89'
4 N09018'59"W
134.69'
5 N12`18'16°E

43.83'
6 N16°30'15"W

76.62'
7 N06°25'33"E

29.42'
8 N33035'08"E

41.42'
9 N65°59'24"E

16.44'
10 N23°22'06"E

33.97'
11 N65°58'34"E

91.36'
POC = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING
( ) = INDICATES RECORD DATA PER
PM 13678, PMB 73/85-86
pl LANDS\
55 G9G
o F�
� JOHN R. G
°- DUQUETTE
* No. 7566
IPA
SHEET 1 OF 1
I N T E R N A T 1 0 N A L

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA DECLARING CERTAIN REAL

PROPERTY INTERESTS NECESSARY FOR PUBLIC

PURPOSES AND AUTHORIZING THE ACQUISITION

THEREOF IN CONNECTION WITH THE PUBLIC

STREET, DRAINAGE, ACCESS AND RELATED

IMPROVEMENTS FOR THE NICOLAS ROAD FROM

BUTTERFIELD STAGE ROAD TO THE CALLE

GIRASOL/NICOLAS ROAD CONNECTION (CERTAIN
PROPERTY INTERESTS ON APN 957-090-019) AND

MAKING FINDINGS THAT NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT
TO SECTION 15162 OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT GUIDELINES AND
SECTION 21166 OF THE PUBLIC RESOURCES CODE

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

Section 1. Findings.

A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California.

B. The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276.

Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development Project").

C. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D (New Attachment 5-A to Development Agreement) to said Third Amendment.

Specifically, Condition 3(A) to Exhibit D contains a specific condition of approval requiring

Developer to construct certain public improvements in connection with Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Connection:

Description of Public Improvement. Complete engineering design and construct full Nicolas Road improvements from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection.
... Owners of Phase II Property shall be required, on behalf of the City, to provide for all required engineering design, construction plans, CEQA analysis & processing, environmental mitigation measures, right-of-way acquisition, and to obtain all necessary Resource Agency and Riverside County Flood Control and Water Conservation District permits.

Resource Agency permits for the offsite portion of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection were not obtained with the Resource Agency permits for Roripaugh Ranch Phase II. Due to Resource Agency regulations, the offsite portion of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection should be combined with the permits for the Santa Gertrudis Creek Channel improvements downstream of the existing culverts at Butterfield Stage Road and processed and obtained as a single package.

D. The Project requires the acquisition of an approximate 16,956 square foot permanent maintenance and access easement, an approximate 648.59 square foot public utility easement in favor of Southern California Edison, and an approximate 29,630 square foot temporary construction easement with a term of twelve months on the real property located at 39280 Deputy Road, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 957-090-019 described more particularly at Section 4 below.

E. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on offsite property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property. The City and the developer of the Sommers Bend Project entered into that certain Agreement Pursuant to Government Code Section 66462.5 Between Woodside 055, LP and Wingsweep Corporation, on the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property Interests (Calle Girasol/Nicolas Road Connection) as of April 12, 2022 in connection with the subject offsite public improvements.

Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2023- , A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Public Street, Drainage, Access and Related Improvements for the Nicolas Road from Butterfield Stage Road to the Calle N

Girasol/Nicolas Road Connection (Certain Property Interests on APN 957-090-019) and Making Findings that No Further Environmental Review is Required Pursuant to Section 15162 of the California Environmental Quality Act Guidelines and Section 21166 of the Public Resources Code.

A. The City hereby adopts the Resolution of Necessity authorizing the acquisition by eminent domain of the approximate 16,956 square foot permanent maintenance and access easement, an approximate 648.59 square foot public utility easement in favor of Southern California Edison, and an approximate 29,630 square foot temporary construction easement with a term of twelve months described more particularly in Section 3 below public use, namely for the construction of certain public off -site improvements, consisting of public street, drainage, access and related improvements, and all uses necessary or convenient thereto in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road pursuant to the authority conferred on the City of Temecula to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40404, and 66462.5, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and by other provisions of law.

Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes the City and the developer of a project for which the construction of offsite improvements are required to enter into an agreement requiring the developer to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title."
Section 3. Subject Property Interests. The City hereby authorizes the acquisition by eminent domain of the following property interests (referred to below collectively as the "Subject Property Interests") on the real property located at 39280 Deputy Road, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 957-090-019 for public use, namely for the construction of certain public improvements, consisting of public street, drainage, access, public utility and related improvements, and all uses necessary or convenient thereto in connection with the improvements for the Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection:
• An approximate 16,956 square foot permanent maintenance and access easement described more particularly on ATTACHMENT C and depicted on ATTACHMENT D attached hereto and incorporated herein by this reference. 3 • An approximate 648.59 square foot public utility easement in favor of Southern California Edison described more particularly on ATTACHMENT C-1 and depicted on ATTACHMENT D-1 attached hereto and incorporated herein by this reference.
• An approximate 29,630 square foot temporary construction easement with a term of twelve months to facilitate the construction of the Project with a covenant that would authorize the construction of certain rip -rap and related improvements to protect the related street and drainage improvements from erosion and flooding and to construct an access driveway to the Nicolas Road improvements described more particularly on ATTACHMENT C-2 and depicted on ATTACHMENT D-2 attached hereto and incorporated herein by this reference.

A rough depiction of the improvements that will be constructed within the Permanent Maintenance and Access Easement and the Temporary Construction Easement is attached as ATTACHMENT E hereto and incorporated herein by this reference.

Section 4. Environmental Review.

A. The environmental effects of the Project and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Environmental Impact Report for the Roripaugh Ranch Specific Plan ("EIR") pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines"). On November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the Environmental Findings Pursuant to the California Environmental Quality Act, and the State CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan, Located near the Future Intersection of Butterfield Stage Road and Nicolas Road (Planning Application 94-0076). Said environmental documents are incorporated herein by this reference.

Since the adoption of the EIR, five EIR Addendums have been prepared for the Development Project area. The most recent Addendum to the EIR was adopted on January 14, 2020.

B. On January 10, 2023, City Staff reviewed the environmental documentation prepared in connection with the Development Project in connection with Staff s review of the proposed acquisition of the Subject Property Interests for the Project. City Staff reviewed the EIR, the First Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, the Fourth Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on January 14, 2020, and determined that the Project and acquisition of the Subject Property Interests needed for the Project are consistent with the EIR and Addenda to the EIRs.

Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the 4 Development Project, no substantial changes have occurred in the circumstances under which the Development Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project. The above documents are referred to below collectively as the "Environmental Documents".

Section 5. The Project, as planned and designed, is in the public interest and necessity and is needed to construct the public street, drainage, access, public utility and related improvements in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road. The Subject Property Interests are required to protect the street improvements that will be constructed within the existing right of way as part of the construction and extension of Nicolas Road from erosion. The Subject Property Interests are required for the construction of drainage purposes in connection with the Project, including construction of culverts, and related improvements, to protect the street improvements from flooding, and to provide access to the permanent maintenance and access easement.

C. The Project, as planned and located, is consistent with the circulation and street system in the Roadway Plan depicted in the City of Temecula General Plan (Figure C-2).

Construction of the drainage improvements and rip rap in the permanent access and maintenance easement portion of the Subject Property Interests is necessary to protect the street improvements from erosion and flooding. The drainage and rip -rap improvements will also help minimize flooding on the remainder portions of the Property.

D. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project, as planned and designed, seeks to minimize the impact on private parcels. The Subject Property Interests are located in the portions of the Property within the Long Valley Wash, a natural flood control channel that experiences flooding during rain events. The drainage and rip -rap improvements will help minimize flooding on the remainder portions of the Property. The construction of the Project will not result in the displacement of any persons because the residence located on the Property are not located in the area of the Subject Property Interests. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests to proceed with the construction of the public street, drainage, rip -rap, access, public utility and related improvements for the Project.

E. The public use for which the City seeks to acquire the Subject Property Interests in connection with the Project, namely for public street, drainage, access, public utility and related improvements, and all uses necessary or convenient thereto in connection with the Project will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the areas (Code of Civil Procedure Section 1240.510).

Section 6. Offer Letter. Pursuant to Government Code Section 7260 et seq., the City of Temecula obtained a fair market value appraisal of the Subject Property Interests and the Property. The City set just compensation for the Subject Property Interests in accordance with the fair market values. The City retained Overland Pacific & Cutler ("OPC") as its acquisition consultant to assist the City with the City's good faith negotiations for the acquisition of the 5 Subject Property Interests. On October 4, 2022, the City extended a written offer pursuant to Government Code Section 7267.2 to the owners of record, Sohan Singh and Kuldip Kaur Singh.

The offer letter contained an appraisal summary statement that described the zoning, highest and best use of the Property explained the appraiser's valuation methodology, and included the comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer letter included an eminent domain pamphlet that explained the eminent domain process and the rights of the record owners. OPC contacted the record owners several times and OPC was informed by Mr. and Mrs. Singh's daughter, that the owners had determined to obtain their own independent appraisal. They also requested that the surveyor stake the areas of the Singh Property Interests. The owners canceled the staking scheduled in December 2022. The staking was tentatively rescheduled for the week of January 30, 2023. The Parties have not reached an agreement for the City's acquisition of the Subject Property Interests at this time.

Section 7. Notice Pursuant to Code of Civil Procedure Section 1245.235. Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated January 24, 2023 to the owners of record, Sohan Singh and Kuldip Kaur Singh, the record owners of the Subject Property Interests. The letter and notice informed the record owners of the City's intent to consider at its February 14, 2023 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests in connection with the Project. The noticed advised the record owners of their right to appear and be heard regarding the City's proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owners of the Subject Property Interests that the record owners have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the owners of record are necessary for the Project. On January 25, 2023, City Staff sent a courtesy copy of said notice by electronic mail to the record owners' daughter.

Section 8. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests for the Project, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests, consisting of the approximate 16,956 square foot permanent maintenance and access easement described more particularly on ATTACHMENT C and depicted on ATTACHMENT D hereto, the approximate 648.59 square foot public utility easement in favor of Southern California Edison described more particularly on ATTACHMENT C-1 and depicted on ATTACHMENT D-1 hereto, and the approximate 29,630 r.�

square foot temporary construction easement with a term of twelve months to facilitate the construction of the Project with a covenant that would authorize the construction of certain rip - rap and related improvements to protect the related street and drainage improvements from erosion and flooding and to construct an access driveway to the Nicolas Road improvements described more particularly on ATTACHMENT C-2 and depicted on ATTACHMENT D-2 hereto are necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2 to the owners of record of the Subject Property Interests the City seeks to acquire.

Section 9. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments submitted to the City by the record owner or the owner's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the documents relating to the Sommers Bend Development, offer letter sent to the owner pursuant to Government Code Section 7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and Environmental Documents relating to the Development Project.

Section 10. Authorization to File Eminent Domain Proceeding. The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Subject Property Interests, consisting of the approximate 16,956 square foot permanent maintenance and access easement described more particularly on ATTACHMENT C and depicted on ATTACHMENT D hereto, the approximate 648.59 square foot public utility easement in favor of Southern California Edison described more particularly on ATTACHMENT C-1 and depicted on ATTACHMENT D-1 hereto, and the approximate 29,630 square foot temporary construction easement with a term of twelve months to facilitate the construction of the Project with a covenant that would authorize the construction of certain rip -rap and related improvements to protect the related street and drainage improvements from erosion and flooding and to construct an access driveway to the Nicolas Road improvements described more particularly on ATTACHMENT C-2 and depicted on ATTACHMENT D-2 hereto.

Section 11. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding.

Section 12. Certification. The City Clerk shall certify the adoption of this Resolution. 7 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of February, 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 14th day of February, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

ATTACHMENT C
Legal Description of Permanent Maintenance and Access Easement

EXHIBIT A

LEGAL DESCRIPTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT APN: 957-090-019

SINGH PROPERTY
That portion of Parcel 39, in the City of Temecula, County of Riverside, State of California, as shown on the Map recorded in Book 1, Pages 44 through 46, inclusive, of Parcel Maps, in the Office of the County Recorder of said Riverside County, and as described in the grant deed recorded February 10, 2014 as Instrument No. 2014-0055102 of Official Records in the office of said Riverside County Recorder, described as follows:

COMMENCING at the southeasterly comer of Parcel 39, of said Parcel Map, said point being on the centerline of Nicolas Road;
Thence leaving said southeasterly corner along the easterly line of said Parcel 39 North 07035'19" West 57.33 feet to a point on the northerly right-of-way line of Nicolas Road (110.00 feet in width) as shown on said Parcel Map;
Thence along said northerly right-of-way line South 66000'22" West 108.51 feet to the TRUE POINT OF BEGINNING;
Thence continuing along said northerly right-of-way line South 66000'22" West 150.33 feet; Thence leaving said northerly right-of-way line North 69024'35" West 53.76 feet to the westerly line of the land described in said grant deed;
Thence along said westerly line North 07035'19" West 73.74 feet; Thence leaving said westerly line South 69°24'30" East 26.90 feet; Thence North 20035'30" East 85.93 feet;
Thence South 56019'20" East 116.19 feet;
Thence South 50026'33" East 58.76 feet to the TRUE POINT OF BEGINNING.

Containing 0.39 Acres, or 16,956 Square Feet, more or less This description was prepared rpNL LANosG
by me or under my direction. F�
Ix JOHN R.
* DUQUETTE
N No.7566
Date: 4 i + Z-
n R. Duquette, PLS 7566 �OFCAUF�P/
Michael Baker International June 10, 2021
40810 County Center Drive, Suite 200 JN 175051
Temecula, CA 92591 Page 1 of 1

ATTACHMENT D
Depiction of Permanent Maintenance and Access Easement

EXHIBIT B

PERMANENT MAINTENANCE EASEMENT
APN: 957-090-019

SINGH PROPERTY
hrn >>69
2 O
O 3
4 W'LY LINE PER 33 Z E
DEED REC . 5 �(3' 2
2/10/2014 AS N66
INST. NO.
2014-0055102
O.R. OOPS �c�1 6 i
0 <N66 0
POC = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING
( ) = INDICATES RECORD DATA PER PMB 1/44-46

DATA TABLE
�0

BEARING/DELTA
LENGTH
1 N07°35'19"W

57.33'
2 N50°26'33"W

58.76'
3 N69°24'30"W

26.90'
4 N07'35'19"W

73.74'
5 N69°24'35"W

53.76'
/�P� LAND S(
hC� CDJQHN R
cc pUQUETTE
a
I N� 75s6
s
60 30 0 60
SCALE: 1"=60'
SHEET 1 OF 1

INTERNATIONAL

ATTACHMENT C-1
Legal Description of Public Utility Easement

EXHIBIT E

SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT
APN: 957-090-019

RECOEDINQ REQUESTED BY

SOUTHFRV CALIFORNIA
EDISON

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 917613
Attu_ Titlr<und R-cat P.SN14 ScrviceS
SCE Doc- Na-

GRANTOF

EASEMENT

SINGH PROPERTY

SPACE ABOVE THIS LINE FOR RECORDER'S USE
❑(DCUMENTARYTRANSFER TAX 5NONE
VALUE AND CONSIDERATION LESS THAN $100,00)
wildomar
TD 165136-
SCE C�mFnry
4YM - -
E2a.arueO�iOnAC&NiU=ItmIMNCCsax Hall we
Am -090-01g
VEGErAT &
LAWEi
SLS1BT
14f1412021

MANAGEMENT
SOHAN SINGII and KULDiP SINGH, husband and wife as joint tenants, (hereinafter refuted to as "Grar"i" ), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigua (hereinafter refomod to as "Grarvee"}, an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, TeeonstTuct, Inspect and romve at any time and from time 10 limo Dvcrhead eloctrical supply systeins and s-xrmmunleation systems (11ere1nafl:er referred to as "systamx" ), consisting of polas, guy wires and anchors, crassarms, wlrv-q and oiber appurtenant fixtures andlor equipment ncccsrtary or usiel'01, for distributing elecldeal em rgy and for transmitting intelligmec, data anNor rnmmunicatioits (eg. through fiber optic cable), in. on, over, ulong and across that certain road properly in the County of RivcTsidv. State of California, described as follows:

VARIOUS 4TRIPS OF LAND LYING WITE11N TIIAT PORTION OF PARC EL 39 OF PARCEL MAP, A PER MAP F1I.rI} IN I300K 1, PAGES 44 THROUGH 46 OF PARCEL MAPS, SAID PORTION IS MOR]? PARTICU1,ARI.Y DESCRIBED IN TIFE DEED TO THE GRANTOR IIEREIN, RECORDED OIL JANUARY 23.2020 AS DOCUMENT NO. 2020-0034390, OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, HEREINAFTER REFERRED TO AS "LAND", DESCRIBED AS FOLLOWS:

STRIP # I
A PORTION OF SAID "LAND", INCLUDED WITHIN A STRIP OF LAND, 10.00 FEET WIDE, THE CEN'TE.RLINE OF WHICH IS DESCRIBED AS FOLLOWS. -
COMMENCING AT THE SOUTHWEST CORNER UN SAID PARCEL 39, THENCE ALONG THE VUESTF.RLY LINE OF SAID PARCEL 39, NORTII OS°09'16" WEST 27.22 FEET TO TIIF TRUE POINT OF BFG WINING, TIIE:NC1? LEAVING THE WESTERLY LINE: OF SAID PARCEL39, NORTH 91°50'44" EAST 5.00 FEET; TT11?NCI? NORTII 72016'42" EAST 275.51 FEET TO A POINT IIEREiNAFTE.R REFERRED TO AS POINT "A"; TI IE NCEv NORTH 66032'46' EAST 207.93 FEET TO A POINT HEREINAFTE.R REFERRED TO AS POINT "B'; THENCE CONTINUING NORTH 66°32'46" EAST 5-00 FEET TO A POINT OF ENDING, TPE 51DELINES OF SAID STRIP ARE TO BE. PROLONGED OR 5IIORTENED TO J€JIN AT THE ANGLE

POINTS,
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE SOUTHERLY 55.00 FEET OF SAID "LAND".

SHEET 1 OF 4

EXHIBIT E

SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT
APN: 957-090-019

SINGH PROPERTY
STRIP # 2 (4-00 FEET WIDE)
THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:

SEGIINNING AT SAID POINT "A"; THENCE NCIRTH 13-00 )SET TO A POINT OFF EN DING.

EXCEPTING TIIFREFRDM T'EIAT PORTION TN€;LIJ]]F•.D WITIUN STRIP#1 DFSCRIBED ITiREINABOVE.

ALSO, EXCEPTING THEREFROM TIIAT PORTION INCLUDED WITHIN THE. SOUTHERLY 55.00 FEET OF SAID "LAND".

STRIP #3 (4-00 FEET WIDE)
THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS;
BEGINNING* AT SAID ?DINT "B' ; THENCE NOR1'll. 15°21'23" WI1 S'1' 15,00 FEET TO A POIN T OF ENDING.

E CEPTING TIIERE,FREM TIIAT PORT1014INCLUDED WIT111N STRIP#] DESCRIBED fIERHINABOVE.

ALSO, EXCFPTING T14FRFFROM THAT PORTION INCLUI)FD WITHIN T.HF SOUTHE'''RI,Y 55,00 FFT?T OF SAID"LAND".

It is underslood and agrccd [hat the above description is approximat-c only, it being the inicnlion of the C7ran[or(s) to gTanl an casement for said systerns as constructed. The centerline of the casement shall be coincidental with the cemulinc of said systems as constructed in, on, over, under, across, and along the Grantors) property.

This Isgal dsscriptinn wELR Prersrcd by �pwmm Land tiCMCes puesuM to Sec- tt73O(c) of the DUSinM & ptQf0951utts 4iC- Grantor further grant& bargains, sells and convcvs unto the Grant= the righl of assignment, in whole or in part, 10 others, without hmitadon. and the righl to apportion or divide in whatever manner Grunicc deems dcsirablr, uny one or more, or all. of the casements and rights, including but not limited to all Tights of access and ingress and cgress granted to the Grantce by this Grant of E ascmcnt_
Grantor hereby also grants to Grantee, its su-ccossors and assigns, and its and their conlractors, aigcnts and cniployces, the right of free accepts to said system% and every part thereof, at all time, for the purpose of exercising, the rights herein gr anted, and the right 10 clear and to keep clear the above described real property, free frown explosives, buildings, equipinerit, brush, -wmbuslible rnut4Tifll and any and all offivt obstmk:60ns of ally kind. 4ind the Light to trim or remove ut,y lr" orshrub which, in the opinion of Grantce. may endanger said systorns, or any part tlxrcof, or interfere with the cxcrcisc of the rights hcrcin granted.

SHEET 2 OF 4

EXHIBIT E

SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT
APN: 957-090-019

SINGH PROPERTY
EXECUTED this dray of __, ' I I_

CRANTOR
SOAAN 91WA3 and ICULDIP 5INC311, husband and
wife as joins tenants
SOhan Singh
Ku"p Sind
A Nolory Publk or other otlicer omnpleting this cwNfirmi; verifies ooFj the ukrtity of the mdividtad who signed the documoot to which this orrtifrcme i€attnehecl, and notihe truthFulrless,accuracy, or valklity ofthat document.

Srale of Califbinia }
County oP ]
on _ before mc, , a Notary Public, perswally appeared
who prc-W to me on the basis of
s9isfactory evidence to be the persc*sj whose nem0s) Ware subscribed to the within instniment and acknow dged to me Thal hslshelhcy executed the were in hisaharAeir authorized capaacity(ies). and that by his+hEFfAhcir sipvuretO on the inetniumi t the persons} or the emity urAm behalf ref which dsc jocrwit -s) acted, OxwwcA the in nimeel. i certify nndar PENALTY -OF PERJURY kinder the laws echo State afOibkrnia that the timcgoin@ pmrogiaph is true and carrcc#.

WITNESS my hand and official sal.

Signature
(Seal)
A Noaary Public ar oihe7 4 icer cs7mspletiej� This cenifcate Vera rlec only the Mentily Of the individual who sighed the dpr<umelst tb which Ibis "I'llfKata is M911ed, and npI the IRIMUIndra, aINurKY, Or Validity of bat dtxurrlent.

Stair of Cnli 1. msis }
Couuty of j
On
bafore Inc, _ a Nwary Public, personally appeared
WILL proaed 18 me on the ham$ of
salisfactory eridenoe to be the persun(s) whose nauro[a} is'ore subscribed Io the Within inMirri nl and acknowledged to me that hc'shvlhcy cxcculed the soma• in hirAhe-riiheir authorized capaciViesj_ and that by hiss MN111eir signaiurefsj on the instnimem the persons}_ or the entity span bchalfaf which thcper"s) aeu:d, cxeaWcd the iastrummi.

I Leerily under PENALTY OF PEKJVK a under tlyd laws Of the State afCalifOrllia drat die &)reguiug pnr-dWph is Irpe! and 6MTeet.

WITNESS my hand and official seal.

SiCUMIC
lSaall
3 I]S12-002Uf,=... k
SHEET 3 OF 4

ATTACHMENT D-1
Depiction of Public Utility Easement

EXHIBIT E

SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT
APN| 957-090-019

SINGH PROPERTY
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SHEET 4 OF 4

ATTACHMENT C-2
Legal Description of Temporary Construction Easement

EXHIBIT A

LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
APN: 957-090-019

SINGH PROPERTY
That portion of Parcel 39, in the City of Temecula, County of Riverside, State of California, as shown on the Map recorded in Book 1, Pages 44 through 46, inclusive, of Parcel Maps, in the Office of the County Recorder of said Riverside County, and as described in the grant deed recorded February 10, 2014 as Instrument No. 2014-0055102 of Official Records in the office of said Riverside County Recorder described as follows:

COMMENCING at the southeasterly comer of Parcel 39, of said Parcel Map, said point being on the centerline of Nicolas Road;
Thence leaving said southeasterly corner along the easterly line of said Parcel 39 North 07035'19" West 57.33 feet to a point on the northerly right-of-way line of Nicolas Road (110.00 feet in width) as shown on said Parcel Map to the TRUE POINT OF BEGINNING; Thence continuing on said easterly line North 07035'19" West 10.41 feet; Thence leaving said easterly line South 66003'15" West 60.64 feet; Thence North 41 °16'26" West 51.00 feet;
Thence North 10051'29" East 36.47 feet;
Thence North 79008'31" West49.14 feet;
Thence South 10051'29" West 62.94 feet;
Thence South 66003'15" West 11.75 feet;
Thence North 56016'23" West 123.84 feet;
Thence North 69045'31" West 56.47 feet to the westerly line of the land described in said grant deed; Thence along said westerly line South 07'35'19" East 218.07 feet to the northerly line of said Nicolas Road;
Thence leaving said westerly line along said northerly line of Nicolas Road North 66000'22" East 308.23 feet to the TRUE POINT OF BEGINNING.

Containing 0.68 Acres, or 29,630 Square Feet, more or less This description was prepared
by me or under my direction.

Date:

Jo - Duquette LS 7566
Michael Baker International
40810 County Center Drive, Suite 200
Temecula, CA 92591
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LAND So
jo"N11ua rTE
* No.7566 T
\F OF
June 10, 2021
JN 175051

Page 1 of 1 ends

ATTACHMENT D-2
Depiction of Temporary Construction Easement

EXHIBIT

TEMPORARY CONSTRRUCTIONBEASEMENT
APN: 957-090-019

SINGH PROPERTY
I �656 �937 W
OI
O
Go
N
c

W'LY LINE PER
DEED REC.
2/10/2014 AS
INST. NO.
2014-0055102
O.R.

NSb+o
9 P vJEN-
PM8 �6
1I
W
0) 6
,N
�rn s
\Q
Y �
m
POC
ROPo
NZ�22 �
'0 1N66 O
POC = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING
( ) = INDICATES RECORD DATA PER PMB 1/44-46

DATA TABLE
�0

BEARING/DELTA
LENGTH
1 N07035'19"W

57.33'
2 N07051'10"W

10.41'
3 N66°03'15"E

60.64'
4 N41°16'26"W

51.00'
5 N10'51'29"E

36.47'
6 N79008'3 W

49.14'
,
W 60 30 0 60
U
i SCALE: 1 "=60'
SHEET 1 OF 1

INTERNATIONAL

ATTACHMENT E
Rough Depiction of Improvements in Permanent Maintenance and Access Easement and Temporary Construction Easement Areas

EXHIBIT C TO EXHIBIT B

DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED WITHIN

TEMPORARY CONSTRUCTION EASEMENT PORTION OF GRANTOR'S PROPERTY APN: 957-090-019

SINGH PROPERTY
i
60 30 0 60
SCALE: 1"-60'
LEGEND:

TEMPORARY CONSTRUCTION EASEMENT AND COVENANT

FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
207L ��� R I P RAP SLOPE EROSION PROTECTION

PERMANENT MAINTENANCE AND ACCESS EASEMENT

RESIDENTIAL DRIVEWAY
]SCE EASEMENT
0 INTERNATIONAL

Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: February 14, 2023
SUBJECT: Consider Term Limits for City Council Members (At the Request of Council Member Kalfus)
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council consider term limits for City Council Members and provide general direction regarding the same.

BACKGROUND: At the January 24, 2023 meeting, the City Council unanimously approved the placement of the subject of term limits on a future agenda at the request of Council Member Kalfus.

California Government Code
Government Code Section 36502 (b) specifically states that "Notwithstanding any other provision of law, the city council of a general law or charter city may adopt, or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. "
State Term Limits
In 1990, voters in California imposed term limits on the state legislature. Senators could not serve more than two four-year terms (total of eight years) and assembly members could not serve more than three two-year terms (total of six years). In 2012, voters modified these limits to allow legislators to serve a total of 12 years in either chamber. Other State offices are limited to two four-year terms (i.e., Governor, Lieutenant Governor, Secretary of State, Attorney General). https://ballot2edia.org/Califomia State_ Legislature
County Term Limits
With respect to term limits for board of supervisors in California, 7 of the 58 counties (12%) limit the terms of county supervisors. In Los Angeles, Santa Clara, and San Mateo counties, supervisors are limited to three four-year terms. In El Dorado, Orange, San Francisco, and San Joaquin counties, supervisors are limited to two four-year terms. https://ballotpedia.or_ Term_limits_in California

City Term Limits
Aggregated data on term limits for cities in the State of California and/or County of Riverside is not readily available. As such, staff aggregated current data on Riverside County cities from scratch polling the cities via email and/or telephone to verify the information. The information was also cross-checked with each cities' municipal code to ensure accuracy. It is important to note that the information included references only those cities that have term limits for their City Council members collectively (i.e., does not include cities with term limits for boards and commissions and/or for directly elected mayor only). The preliminary information regarding term limits for council members for Riverside County cities is as follows:

CITY:

TERM
LIMITS?
DETAILS:

MUNICIPAL
CODE SECTION:

Banning
N
Beaumont
N
Blythe
N
Calimesa
N
Canyon Lake
N
Cathedral City
N
Coachella
N
Corona
Y
3 Term Limit (Lifetime)

2.08.180
Desert Hot Springs
N
Eastvale
N
Hemet
Y
3 Term Limit (Lifetime)
Article II, Sec 2-37
Indian Wells
Y
2 Term Limit Lifetime

2.08.045
Indio
N
Jurupa Valley
N
Lake Elsinore
N
La Quinta
N
Menifee
Y
2 Successive Term Limit (2 Year Break)

2.04.080
Moreno Valley
Y
3 Successive Term Limit (2 Year Break)

2.04.025
Murrieta
Y
2 Consecutive Term Limit (4 Year Break)

1.20.020
Norco
N
Palm Desert
N
Palm Springs
N
Perris
Y
3 Term Limit (Lifetime)

2.05.010
Rancho Mirage
N
Riverside
N
San Jacinto
N
Temecula
N
Wildomar
N

ADDITIONAL DETAILS
Corona: "Pursuant to Government Code § 36502(b), term limits are imposed upon persons serving on the City Council as follows: (A) As further provided in section (B) below, no person shall be eligible for nomination and/or election to more than three (3) terms of office as a City Council Member, whether by election or appointment and whether served consecutively or not.

(B) As used herein, a term of office shall include any term as City Council Member which commences on or after November 3, 2020, whether by election or appointment, and which lasts for two (2) years and one (1) day or more. Notwithstanding the foregoing, any person who resigns their office as a City Council Member shall be deemed to have served a full term of office regardless of when during their term of office their resignation becomes effective." Hemet: "During their lifetime no person shall serve, whether by means of election or appointment, more than three terms of office as a city councilmember, as the treasurer, or as any other elected city official. This term limit shall be applied separately to each different type of elected office held."
Indian Wells: "No person shall be eligible for nomination and/or election to the office of Member of the City Council for more than two (2) four (4) year terms during his or her lifetime, including, without limitation, terms to which the person was nominated and appointed to office by the City Council in lieu of a General Municipal Election pursuant to California Elections Code Section 10229."
Menifee: "Any person who has served two successive terms or eight consecutive years as a councilmember shall be ineligible to serve again in that office until an intervening period of two years has elapsed."
Moreno Valley: "Any person who shall have served three successive terms as a member of the city council shall be ineligible to serve again in the office until an intervening period of two years has elapsed."
Murrieta: "In order to broaden the opportunities for public service and to assure that elected officials of government are responsive to the citizens of the government, no elected official of the City of Murrieta or any other political subdivision of the City of Murrieta shall serve more than two (2) consecutive terms in office."
Perris: "No person shall be elected or appointed to more than three terms as an elected official in the City of Perris. For the purposes of calculating the number of terms in the limitation on terms of office, the terms served by a person elected or appointed to one elected office in the City of Perris shall not be aggregated with terms served by that person in another elected office in the City of Perris. For example, a single person may serve three terms as mayor, three terms as a city council member, and three terms as city clerk."

SUMMARY
As of January 31, 2023, 7 out of 28 cities (25%) in Riverside County have adopted some form of term limits for City Council members collectively. The method by which the term limits came to be in each city varies and could include measures initiated by both residents and council members.

Should the City Council wish to pursue term limits, the questions to be considered are as follows:
(1) Does the City Council wish to place term limits for elected officials on the local ballot? (2) If yes, what number of terms would be the limit? Would the limit be lifetime?

Depending upon the direction of the City Council, staff will either return with a proposed ordinance for placement on the ballot, table the matter until such time that a future City Council wishes to discuss the item further, or follow other direction provided by the Council as needed.

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 18

CITY OF TEMECULA

AGENDA REPORT
TO: City Council
FROM: Aaron Adams, City Manager
DATE: February 14, 2023
SUBJECT: City Council Travel/Conference Report
PREPARED BY: Luisa Tovar, Executive Assistant
RECOMMENDATION: Receive and File.

On January 18, 19, 20, 2023, Council Member Curtis Brown traveled to Sacramento, CA to attend the League of California Cities "New Mayors and Council Members Academy".

ATTACHMENT: Itinerary

LEAGUE OF

CALIFORNIA
CITIES
Jan. 18-20, 2023 Sacramento, CA
New Mayors and
�unciLlVlembers
01W-A 01:11TIV,
Find session materials online at
Network: Hyatt -Meeting
Passcode: mayors

WEDNESDAY, JAN. 18
8:00a.m.-5:00p.m. I Registration Open
Regency Foyer South
9:00-11:00a.m.

Harassment Prevention Training for Supervisors and Officials (AB 1661) Check -in begins at
Regency DEF
8:30 a.m.

Sign -in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance. Entry will be prohibited once the session begins.

This informational and interactive workplace harassment prevention training will focus on current and emerging issues, and teach officials and supervisors how to identify, prevent, and properly respond to workplace harassment, discrimination, retaliation, and abusive conduct in order to avoid personal and agency liability in compliance with AB 1825, AB 2053, AB 1661 and SB 396.

The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider # 13881 Speaker. Jenica Maldonado, Partner, Renne Public Law Group 11:30a.m.-12:30p.m.

Your Cal Cities and How To Use It
Regency DEF
As a city official, you are the League of California Cities. Meet the Cal Cities leadership team and learn about the organization's mission and structure, the advocacy and educational tools Cal Cities provides, and how you can get the most out of your membership.

Opening Remarks: Susannah Meyer, President, Mayors and Council Members Department and Vice Mayor, Brentwood
Moderator. Jennifer Whiting, Director, Education and Member Services, League of California Cities Speakers: Carolyn Coleman, Executive Director and CEO, League of California Cities Ali Sajjad Taj, President, League of California Cities and Council Member, Artesia 12:30-1:30 p.m.

Networking Luncheon with your Divisions
Regency ABC
Take this opportunity to sit with members of your regional division and meet your Cal Cities Regional Public Affairs Manager.
1:45-3:15 p.m.

Developing an Effective City Council and City Manager Team: The Key to Good Governance and City Success
Regency DEF
Successful communities require highly effective governance and management, key to which is a positive city council/city manager working relationship guided by good, open communication. This session will help you to better appreciate the roles that the city council governing body, individual council members, and the city manager fulfill in a successful working relationship based on effective communication and sound governance practices.

Moderator. Pat Martel, West Coast Regional Director, ICMA Speakers: Karen Pinkos, City Manager, El Cerrito
Gabriel Quinto, Council Member, El Cerrito
League of California Cities 2023 New Mayors and Council Members Academy

3:30-5:00 p.m
5:30-6:30 p.m
WEDNESDAY, JAN. 18
Your Legal Powers and Obligations; Open Government and Conflicts of Interest Regency DEF
You were elected to make things happen in your city. Learn the breadth and limitations of your powers as a city official. Then, acquire a basic understanding of the legal authorities and restrictions under which cities and city officials operate, with a focus on open government laws, such as the Brown Act and the Public Records Act, and laws pertaining to conflicts of interest.

Moderator and Speaker: Corrie Manning, General Counsel, League of California Cities Speaker. Thomas Brown, Of Counsel, Burke, Williams & Sorensen, LLP Legislative Reception P/anned with LEaGUE uTwER
MIX Downtown, 1525 L Street
Take this opportunity to network with your peers after a full day of educational sessions.

Assembly Members and Senators from throughout the state are invited to attend. Maps to the MIX Downtown are available at registration.

League of California Cities Executive Committee
President, Ali Sajjad Taj
Council Member, Artesia
First Vice President, Daniel Parra
Mayor, Fowler
Second Vice President, Lisa Middleton
Mayor, Palm Springs
Immediate Past President, Cindy Silva
Mayor, Walnut Creek
Executive Director and CEO, Carolyn Coleman
League of California Cities
2022 - 2023 Mayors and Council Members
Department Officers
President, Susannah Meyer
Vice Mayor, Brentwood
First Vice President, Melissa Hunt
Council Member, Anderson
Department Director, Lori Ogorchock
Council Member, Antioch
Immediate Past President, John Minto
Mayor, Santee
League of California Cities 2 2023 New Mayors and Council Members Academy

THURSDAY, JAN. 19
7:00 a.m. 4:00 p.m. I Registration Open
Regency Foyer South
7:30-9:00 a.m.

Networking Breakfast
Regency ABC
7:45-9:45a.m.

Understanding Public Service Ethics Laws and Principles (AB 1234) Check -in begins at
Regency DEF
T15a.m.

Sign -in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance. Entry will be prohibited once the session begins.

State law requires elected and appointed officials to receive two hours of training in specified ethics laws and principles every two years. Newly elected and appointed officials must receive this training within one year of becoming a public servant. Join a panel of experts as they help navigate the ethics laws and principles.

The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider # 13881 Speaker. Andrew Shen, Senior Counsel, Renne Public Law Group 10:00-11:00a.m.

Policy Role in Land Use Planning
Regency DEF
Land use planning is one of the most important parts of a city official's responsibilities due to the long-term impacts it can have on a community's environment, economic vitality, and the physical health of its residents. Learn about tools and processes in land use planning, such as the general plan, zoning, and the California Environmental Quality Act, as well as the role of regional agencies and the state. This knowledge will help you foster a solid working relationship with your city's planning commission and planning staff.

Moderator. Susannah Meyer, President, Mayors and Council Members Department and Vice Mayor, Brentwood
Speakers: Eric Nelson, Planning Commissioner, Dana Point Mark Teague, Managing Principal, Place Works
11:15a.m.-12:30p.m.

Effective Advocacy and Key City Issues
Regency DEF
Meet the League of California Cities' legislative team and learn about the 2023 Cal Cities Action Agenda, legislative calendar, and trending issues in the Legislature. The Cal Cities team will also share ideas for establishing practical skills to develop persuasive arguments and testimony that will serve your city's interests.

Moderator. Melanie Perron, Deputy Executive Director, Advocacy and Public Affairs, League of California Cities
Speakers: Bismarck Obando, Director of Public Affairs, League of California Cities Jason Rhine, Assistant Director, Legislative Affairs, League of California Cities Elisa Arcidiacono, Legislative Representative, League of California Cities Caroline Cirrincione, Legislative Representative, League of California Cities Damon Conklin, Legislative Representative, League of California Cities Johnnie Pina, Legislative Representative, League of California Cities Nicholas Roma, Legislative Representative, League of California Cities Jessica Sankus, Senior Policy and Legislative Analyst, League of California Cities 12:30-1:30 p.m.

Networking Lunch
Regency ABC
League of California Cities 3 2023 New Mayors and Council Members Academy

1:45-3:15 p.m
3:30-5:00 p.m
THURSDAY, JAN. 19
An Irregular Meeting of the City Council of Dysfunction Junction: The Do's and Don'ts of Conducting a Public Meeting
Regency DEF
Enjoy a popular depiction of a city council meeting gone awry and learn from its mistakes.

Facilitators: Christi Hogin, Of Counsel, Best Best & Krieger, LLP Michael Jenkins, Of Counsel, Best Best & Krieger, LLP
Social Media/Digital Communications and Civic Engagement Regency DEF
With constant advancements in social media over the last several years, it can be hard to keep up with the "do's and don'ts" of every platform. Moreover, as misinformation increases, elected officials need to be quick on their feet and have the necessary skills to proactively manage public perceptions about local governmental affairs. Discover what cities should be doing to communicate with their constituents in the 21 st century, and the rules that elected officials must follow.

Moderator: Melissa Hunt, First Vice President, Mayors and Council Members Department and Council Member, Anderson
Speakers: Brandon Castillo, Partner, Bicker, Castillo & Fairbanks N. Richard Shreiba, Attorney, Burke, Williams & Sorensen, LLP Please take a moment to
share your thoughts on the
academy by scanning this
QR code.

League of California Cities 4 2023 New Mayors and Council Members Academy

FRIDAY, JAN. 20
7:30-11:00a.m. I Registration Open
Regency Foyer South
7:30-8:30a.m. Networking Breakfast
Regency ABC
8:30-11:45 a.m. Financial Responsibilities, City Revenues Workshop (Break 10:00-10:,5a.m.) Regency DEF
Learn about your responsibilities as an elected official when exercising fiduciary accountability and transparency in open government. In this enlightening conversation, discuss the local government financial cycle, elected official financial oversight duties, and state and local funding relationships, and the four stages of fiscal meltdown. Plus, learn how to be a better leader by discovering how to avoid micromanagement and manage complacency. The importance of structurally balanced budget tips for setting city council goals and the need for financial policies will be stressed during this session.

Speakers: Michael Coleman, Fiscal Policy Advisor, CaliforniaCityFinance.com Christina Turner, City Manager, Morgan Hill
11:45 a.m.-noon Closing Remarks
Regency DEF
Speaker. Melissa Hunt, First Vice President, Mayors and Council Members Department and Council Member, Anderson
Save The Dates:
2023 CITY LEADERS SUMMIT
APRIL 12-14 1 SAFE CREDIT UNION CONVENTION CENTER, SACRAMENTO 2023 ANNUAL CONFERENCE AND EXPO
SEPT. 20-22 1 SAFE CREDIT UNION CONVENTION CENTER, SACRAMENTO 2024 NEW MAYORS AND COUNCIL MEMBERS ACADEMY
JAN. 24-26 1 MONTEREY MARRIOTT
League of California Cities 5 2023 New Mayors and Council Members Academy

First Floor

FLOOR PLAN

REGENCY DEF
Education Sessions
N
O
V)
LU
O
U—
z
LU
CD
LU
Hotel Lobby
League of California Cities 6 2023 New Mayors and Council Members Academy

LEAGUE OF

CALIFORNIA
CITIES
1400 K Street, Suite 400, Sacramento, CA 95814
www.calcities.org

REQUEST TO SPEAK

FORMS, ELECTRONIC

COMMENTS AND

DOCUMENTS SUBMITTED

FOR THE RECORD

REQUEST TO SPEAK

CITY OF TEMECULA
0989�1�
_
Date: C i f
Public Comment: Non -Agenda Item: ,N Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No.

Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. j ► L
Name: lvIGrSV�G 1�rn� f'iUn Phone Number: "!
Address: /,�, T 2 0

If you are represe/,n_ting an organization or If —group, please give the name:

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

All information provided is optional.

Public Comment: Non -Agenda Item:

Item Description or Item No.

REQUEST TO SPEAK

CITY OF TEMECULA
Date:

Agenda Item: El Future Agenda Item: El
t
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.
,
Name: __ > 1K!" GPI Phone Number:

Address
Email address:

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

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

All information provided is optional.

Public Comment: Non -Agenda Item:/ J
Item Description or Item No.

REQUEST TO SPEAK

CITY OF TEMECULA
Date:

Agenda Item: ❑ Future Agenda Item: ❑
WA
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the reco .

Name:19 b Phone Number:

VV
Address:

Email address:

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

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

All information provided is optional.

REQUEST TO SPEAK

CITY OF TEMECULA
Date: / �—
Public Comment Non -Agenda Item: ❑ Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No.

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Public Comment: Non -Agenda Item:4
Item Description or Item No cad

REQUEST TO SPEAK

CITY OF TEMECULA
Date:

Agenda Item: ❑ Future Agenda Item:
el -I
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7- vas D
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® REQUEST TO SPEAK

CITY OF TEMECULA
1989 I
89 Date:

Public Comment: Non -Agenda Item: 'i Agenda Item. Future Agenda Item:

Item Description or Item No.
-z 2,3
NVA "N
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is, called to speak, please come forward to the podium and state your name for the record. ✓
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Public Comment
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REQUEST TO SPEAK

CITY OF TEMECULA
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Agenda Item: Future Agenda Item:

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i
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From: Upward Community
Sent: Tuesday, February 14, 2023 3:42 PM
To: Randi Johl
Cc: Laurel LaMont
Subject: Fwd: The Warehouse - 207-Lease Renewal Offer
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello Ms. Johl,
This is being submitted on behalf of Upward Community, a nonprofit dedicated to representation of the local workforce and advocate of attainable homeownership. Please include this email as a public comment during tonight's council meeting.

Thank you,
Melissa Bourbonnais

CoFounder, Upward Community
Council members and city staff,
The forwarded email attachment consists of the annual rental increase that myself and the affordable tenants are forced to overcome every year.

Now I will repeat myself in stating the following due to the lack of public acknowledgment from the city:

These tenants in particular have been subjected to illegal parking and cable fees, poorly maintained facilities, direct abuse and retaliation from the on -sight manager. Forced to deal with concerts and lack of parking accommodations every time there's a community event. We live above bars and nightclubs because this is the location of the "affordable housing overlay zone". Beyond the rental increases every year we must continue to provide proof of income and not make anymore in order to remain housed.

We are afforded zero upward mobility.

The only person who seems to be recognizing these constituents and their existence is myself.

I am requesting that the council place a rent control ordinance specifically for affordable housing on the agenda. The intention of affordable housing and the subsequent taxpayer dollars utilized to make this happen is to make housing attainable to the lesser earning workforce. However, the integrity of the intentions has been compromised when affordable housing is more beneficial to the private investors.

The ordinance will ensure a better quality of life for the local workforce and their families who are forced to live in affordable housing due to lack of attainable homeownership.

Please place this ordinance on the agenda for consideration.

Begin forwarded message:

From: Leasing Agent
Date: February 7, 2023 at 4:54:14 PM PST
To:

Subject: The Warehouse - 207-Lease Renewal Offer
Reply -To: [email protected]
Dear Laurel LaMont,
As you may be aware, your current lease is expiring on 7/4/2023 We have so appreciated you choosing to rent through California Realty Group, Inc.! We would like to offer you the following renewal terms, contingent on you meeting the city's/building's income requirements:

If you wish to proceed in renewing your lease please email me back with your confirmation, in addition to the submission of your past 2 month's worth of paystubs to show that you meet the city's/building's income requirements. Ideally if you can please respond back to this email within the next 7 days. Once I hear back from you, and if you would like to move forward with the extension, I will then send you the lease extension for electronic signatures.

Thank you very much and if you have any questions please do not hesitate to reach out via the portal, email leasinia&cabesthomes.com, or call 951-506-9683 x.103. We look forward to continuing our relationship!
Sincerely,
California Realty Group Inc.

California Realty Group Inc.

REQUEST TO SPEAK

CITY OF TEMECULA
W
192i9� / I
Date:

Public Comment: Non -Agenda Item: ❑ Agenda Item: Z Future Agenda Item: ❑ Item Description or Item No. 16
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk REiqr to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.

Name: Ro 1 � � Phone Numbe( /
Address
Email adc
If you are representing an o ganization or group, please give the name: C l�AA_A./Pi�' t -or/ [ lit n/T-4
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REQUEST TO SPEAK

CITY OF TEMECULA
1989
Date:e'
Public Comment: Non -Agenda Item: ❑ Agenda Item NJ Future Agenda Item: ❑ Item Description or Item No
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.

Name: _L)a- I2 �ei,J e ^� Phone Number:

Address:

Email address:

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REQUEST TO SPEAK

CITY OF TEMECULA
19N9 /f
Date: �/Yvl�
Public Comment: Non -Agenda Item: ❑ Agenda Item: � Future Agenda Item: ❑ Item Description or Item No. 17
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Name `fi/ c m J Phone Number:

Address: ? ��
Email address: �/�-(
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Public Comment: Non -Agenda Item:

Item Description or Item No.

REQUEST TO SPEAK

CITY OF TEMECULA
Date: 2—
Agenda Item: U, Future Agenda Item:

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Public Comment

REQUEST TO SPEAK

CITY OF TEMECULA
Date: �2. lq-
Non-Agenda Item: Agenda Item: Future Agenda Item: ❑
I -
Item Description or Item No.

Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.

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From:

Sent:

Tuesday, February 14, 2023 3:24 PM
To:

Council Comments
Cc:

Jessica Alexander; Curtis Brown; [email protected]; Zak Schwank; James Stewart; Council Assistant; Erika Ramirez; Randi Johl
Subject:

Public Comments, Business Item 17 ... Temecula City Council Meeting, February 14, 2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

The following comment is submitted to be read at the February 14 Temecula City Council Meeting in regards to Public Comments - Business Item 17
Dear Temecula City Council;
As one of the proponents of the Murrieta term limits initiative that overwhelmingly passed in 2010, I am in support of Temecula moving forward to enact term limits as well.

It would benefit the people of Temecula to enact such term limits so that members of our community can have greater opportunities to campaign for and serve on city council.

Unfortunately too many elected politicians engage in political empire building which in essence, becomes a virtual wall blocking other potential candidates from any realistic consideration.

The perks and political power base of entrenched incumbents can become too great for ordinary residents to even launch a modest challenge. Like the Murrieta term limits initiative, it would also serve the public well to provide a break, in which popular past council members could come back and possibly serve again, after waiting out an election cycle.

Despite what anti -term limit advocates might contend, terms limits are indeed Constitutional as there are Presidential term limits codified in the U.S. Constitution via the 22nd Amendment. The California Constitution also mandates legislative term limits through Proposition 28: Limits on Legislators, as well as Article V, Section 2 of the California Constitution restricting California Governors and respective statewide officials to two terms in office during their lifetime.

Thank you for your time and attention.

Respectfully Submitted,
Rick Reiss

Temecula, CA
92592
P.S. I have Cc this to the City Council Members and Staff and Bcc this to various interested parties as well as media contacts.

Sent from my Wad
1 References:
https://www.sandiegouniontribune.com/sdut-temecu I a - 15-percent-of-city-workers-earn- more-20 1 Onov27-htmIstory. htmI
https•//www sandiegouniontribune.com/sdut-murrieta-arguments-for-against-initiatives- fi led -2010sep05-story. htm I
https://www.usconstitution.net/xconst Am22.html
https•//www senate ca gov/sites/senate ca gov/files/caIifornia constitution 2019- 20 0. pdf
https://Iao.ca.gov/ballot/2012/28 05 2012.aspx
https://ballotpedia.org/Article V, California Constitution#Section 2 https•//www good reads. com/quotes/1176591-politicians-are-a-lot-like-diapers-they- should-be-changed

From:

Kiran Basi wrote:

Good Afternoon,
This is a courtesy notice that the attached document was sent vis U.S. mail to Sohan Singh and Kuldip Kaur Singh residing at 39280 Deputy Road, Temecula, California 92591. Any questions or concerns in connection with the project can be directed to Ron Moreno, Principal Civil Engineer, at ron.moreno(otemeculaca.gov.

Sincerely,
Anissa Sharp
Management Assistant
City of Temecula
(951) 240-4200
Anissa.Sharp(o)temeculaca.gov
41000 Main St, Temecula, CA 92590
Aft
R
f l •Pa •t 4 Sn,tharn California
Wine Country

Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

Date: February 14, 2023
Property Owners: Kuldip and Sohan Singh
Property Address: 39280 Deputy Road
Temecula, CA 92591
City of Temecula
Attention: Randi Johl, JD, MMC, Legislative Director/City Clerk 41000 Main Street
Temecula, California 92590
EMAIL: rand i.iohl(a)temecula.2ov
Re: Objection to City of Temecula's Notice of Intent to Adopt a Resolution of Necessity for Taking Portions of Certain Real Property Located at 39280 Deputy Road, Temecula, California 92591
Dear City Clerk:

This letter is written by and on behalf of the property owners of the above - referenced real property.

We have received notice that the City of Temecula intends to consider adopting a resolution of necessity authorizing the taking of portions of our property (the Subject Property) by condemnation for the Nicolas Road from Butterfield Stage Road to Calle Girasol project. The hearing on the resolution of necessity is set for February 14, 2023 at City Hall. The purpose of this letter is to provide written objections on our behalf as the property owners. Accordingly, we request that this letter be included as part of the formal record on that agenda item. Please confirm receipt of this letter.

We believe that the adoption of the resolution of necessity is improper at this time, and objects to its adoption on each of the following specific grounds:
• The Project Is Not Planned or Located In The Manner That Will Be Most Compatible With The Greatest Public Good the Least Private Injury.

The City's consideration and adoption of a resolution of necessity requires a finding that the Project as proposed is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. (Code Civ.

Proc., § 1245.340(c)(2).) We believe that the City is taking too much and imposing the public burden on our property by creating a massive drainage facility for the entire project on our property. We are being unduly burdened with the public project. The is putting permanent structures within temporary takes and creating permanent features in

City of Temecula

Page 2 ends

temporary takes. The owners believe that the City has failed and refused to consider viable project alternatives that would reduce the damaging impacts to the Subject Property while maintaining (or improving) any claimed beneficial aspects of the Project.

Because each alternative would enable the City to achieve the Project objectives at a greatly reduced private injury, the City must consider those alternatives before an informed determination can be made as to whether the Project as proposed is "most compatible with the greatest public good and the least private injury." • Our Property Is Not Necessary For the Project.

One of the mandatory components to the necessity determination is that the property sought to be acquired must be necessary for the project. (Code Civ. Proc. § 1240.030, subd. (c).) Here, we believe that the City has not considered any Project alternatives including, without limitation, shifting the project away from the Subject Property. Viable project alternatives exist that would provide all of the amenities of the proposed Project but at a substantially reduced cost and with less private property. Those alternatives would materially reduce the need to acquire any private property for construction of the proposed project. However, the City has failed to consider those project alternatives. Barring such consideration, the City cannot make an informed determination as to whether the Subject Property is actually necessary for the project.

The City Has Failed To Extend A Legitimate Precondemnation Offer Pursuant to Government Code section 7267.2.

California law requires that the agency make a legitimate offer of just compensation based upon its approved appraisal prior to initiating a condemnation proceeding. Failure to strictly comply with the requirements of this section are grounds for dismissing the entire proceeding.

Here, the City's precondemnation offer is invalid insofar as it fails to address the considerable damages that will result from the acquisition and construction/use of the Project in the manner proposed. The City's offer is also invalid because it is stale, and did not account for any severance damages to the remainder property. It is inappropriate to attempt to condemn first, and then suggest that an error can be corrected by a subsequent offer or subsequent appraisal or negotiations after the adoption of a resolution of necessity.

City of Temecula

Page 3 ends

• The City has Failed To Negotiate In Good Faith Pursuant To Government Code Section 7267.1.

The City has made an inadequate precondemnation offer that we cannot possibly accept because the offer does not account for the Project's true impacts to the Subject Property. Instead of analyzing the Project's true impacts, the City is prematurely moving forward with this condemnation action. The proposed Project will result in substantial damages to the Subject Property, which damages the City has neither appraised nor made an offer of compensation to redress.
• The City Is Incapable of Conducting A Fair, Legal, And Impartial Hearing on The Proposed Adoption of The Resolution of Necessity.

The City has already committed itself to the proposed taking, so any hearing resulting in the adoption of the resolution would be a predetermined result. The proposed resolution hearing is a pretense and artifice, and any resolution adopted under these circumstances would be voidable by a court -of competent jurisdiction.

We respectfully request that the City not adopt the resolution or, at a minimum, continue the hearing on this agenda item until such time as the objections are addressed.

Thank you.

Very truly yours,
Sohan Singh
Kuldip Kaur Singh �5---
cc: Ron Moreno, City of Temecula, Principal Engineer

From: Nessa Ugalde <
Sent: Tuesday, February 14, 2023 5:47 PM
To: Randi Johl
Subject: Temecula tonight
Attachments: Navejar Property.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hey there just resending please add to agenda tonight s hearing Vanessa
Sent from my iPhone

Date: February 14, 2023
Property Owners: Isaac and Isabel Navejar
Property Address: 39622 Liefer Rd
Temecula, CA 92591
City of Temecula
Attention: Randi Johl, JD, MMC, Legislative Director/City Clerk 41000 Main Street
Temecula, California 92590
EMAIL: randi.iohl(d,temecula.sov
Re: Objection to City of Temecula's Notice of Intent to Adopt a Resolution of Necessity for Taking Portions of Certain Real Property Located at 39622 Liefer Rd, Temecula, California 92591 Dear City Clerk:

This letter is written by and on behalf of the property owners of the above - referenced real property.

We have received notice that the City of Temecula intends to consider adopting a resolution of necessity authorizing the taking of portions of our property (the Subject Property) by condemnation for the Nicolas Road from Butterfield Stage Road to Calle Girasol project. The hearing on the resolution of necessity is set for February 14, 2023 at City Hall. The purpose of this letter is to provide written objections on our behalf as the property owners. Accordingly, we request that this letter be included as part of the formal record on that agenda item. Please confirm receipt of this letter.

We believe that the adoption of the resolution of necessity is improper at this time, and objects to its adoption on each of the following specific grounds:

The Project Is Not Planned or Located In The Manner That Will Be Most Compatible With The Greatest Public Good the Least Private Injury.

The City's consideration and adoption of a resolution of necessity requires a finding that the Project as proposed is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. (Code Civ.

Proc., § 1245.340(c)(2).) We believe that the City is taking too much and imposing the public burden on our property by creating a massive drainage facility for the entire project on our property. We are being unduly burdened with the public project. The is putting permanent structures within temporary takes and creating permanent features in temporary takes. The owners believe that the City has failed and refused to consider

City of Temecula

Page 2 ends

viable project alternatives that would reduce the damaging impacts to the Subject Property while maintaining (or improving) any claimed beneficial aspects of the Project.

Because each alternative would enable the City to achieve the Project objectives at a greatly reduced private injury, the City must consider those alternatives before an informed determination can be made as to whether the Project as proposed is "most compatible with the greatest public good and the least private injury." • Our Property Is Not Necessary For the Project.

One of the mandatory components to the necessity determination is that the property sought to be acquired must be necessary for the project. (Code Civ. Proc. § 1240.030, subd. (c).) Here, we believe that the City has not considered any Project alternatives including, without limitation, shifting the project away from the Subject Property. Viable project alternatives exist that would provide all of the amenities of the proposed Project but at a substantially reduced cost and with less private property. Those alternatives would materially reduce the need to acquire any private property for construction of the proposed project. However, the City has failed to consider those project alternatives. Barring such consideration, the City cannot make an informed determination as to whether the Subject Property is actually necessary for the project. • The City Has Failed To Extend A Legitimate Precondemnation Offer Pursuant to Government Code section 7267.2.

California law requires that the agency make a legitimate offer of just compensation based upon its approved appraisal prior to initiating a condemnation proceeding. Failure to strictly comply with the requirements of this section are grounds for dismissing the entire proceeding.

Here, the City's precondemnation offer is invalid insofar as it fails to address the considerable damages that will result from the acquisition and construction/use of the Project in the manner proposed. The City's offer is also invalid because it is stale, and did not account for any severance damages to the remainder property. It is inappropriate to attempt to condemn first, and then suggest that an error can be corrected by a subsequent offer or subsequent appraisal or negotiations after the adoption of a resolution of necessity.
• The City has Failed To Negotiate In Good Faith Pursuant To Government Code Section 7267.1.

City of Temecula

Page 3 ends

The City has made an inadequate precondemnation offer that we cannot possibly accept because the offer does not account for the Project's true impacts to the Subject Property. Instead of analyzing the Project's true impacts, the City is prematurely moving forward with this condemnation action. The proposed Project will result in substantial damages to the Subject Property, which damages the City has neither appraised nor made an offer of compensation to redress.

The City Is Incapable of Conducting A Fair, Legal, And Impartial Hearing on The Proposed Adoption of The Resolution of Necessity.

The City has already committed itself to the proposed taking, so any hearing resulting in the adoption of the resolution would be a predetermined result. The proposed resolution hearing is a pretense and artifice, and any resolution adopted under these circumstances would be voidable by a court of competent jurisdiction.

We respectfully request that the City not adopt the resolution or, at a minimum, continue the hearing on this agenda item until such time as the objections are addressed.

Thank you.

Very truly yours,
Isaac Navejar
Isabel Navejar
cc: Ron Moreno, City of Temecula, Principal Engineer

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